Surgeon General Nominee Criticized For Votes On Church Council

President Bush's nominee for U.S. Surgeon General, University of Kentucky professor Dr. James W. Holsinger, has come under fire by the director of Soulforce Lexington, a group that opposes the use of religion to limit rights of gays, lesbians, bisexuals and transgendered individuals. Today's Lexington Herald-Leader says the group is concerned about Dr. Holsinger's votes as a member of the United Methodist Church's Judicial Council. That body rules on disputes involving church doctrine. A a member of the 9-member Council, he opposed a decision to permit a practicing lesbian to be an associate pastor, and he supported a pastor who excluded an openly gay man from church membership. However, Holsinger's pastor, the Rev. David Calhoun, said: "Fears that he would not be fair or compassionate in distributing health care to gay and lesbian individuals is totally unfounded and ludicrous. Jim cares about people no matter who they are. He's not going to turn anybody down."

IRS Questions Political Activities of Wichita Church

A Wichita, Kansas church has received inquiries from the Internal Revenue Service about political activity inconsistent with its status as a tax exempt Section 511(c)(3) organization. Today's Wichita Eagle reports that Pastor Mark Holick of Spirit One Christian Center says that he has responded to 31 questions raised by the IRS. Among IRS concerns are its distribution of voter guides, a speech at the church by Kansas Attorney General Phil Kline during his campaign, and postings on the church marquee criticizing candidates for governor and attorney general for taking political contributions from an "abortionist". The church has issued a somewhat intemperate press release on the matter indicating that it will hold a news conference today.

U.S. Magistrate Is New Head of Catholic Bishops' Review Board

Catholic News Service reported yesterday that a Dayton, Ohio federal Magistrate Judge has been appointed to a two year term as chairman of the U.S. Bishops' National Review Board. The Board is charged with overseeing the Bishops' compliance with the 2002 Charter for the Protection of Children and Young People. The new chairman, Judge Michael R. Merz, has been a member of the Review Board since 2004. He says that the Board's priorities are completing an "causes and context" study that is underway, auditing current programs, and recommending a set of "best practices" to the Bishops.

In Baghdad, Islamists Impose Dress Code and Taxes On Non-Muslims

Journal Chretien reported on Wednesday that in Iraq, an undated letter from Muqtada al-Sadr's Mahdi army orders Christian women in Baghdad to wear veils. The letter says that the Virgin Mary was veiled, so Christian women should be too. Those who refuse must be educated by their father, husband or guardian, and then be forced to stay at home so they do not interact with men if they still will not wear a veil. The letter concludes by saying that "special committees have been established to follow up on this matter."

The Journal also reports that last month in Baghdad, al-Qaeda moved into the predominantly Assyrian Dora neighborhood and demanded payment of the jizya, the tax that the Quran says all Christians and Jews must pay. Those who did not pay were told to give a daughter or sister in marriage to a Muslim.

NY Transit Driver Fired For Rejecting Uniform On Religious Grounds

Earth Times reports that a female bus driver was fired Tuesday by the New York Transit Authority because she refused to wear either pants or a culotte, which are the standard uniforms for drivers. Tahita Jenkins told her supervisor that wearing these violates her Pentecostal religious principles, presenting a written request from her pastor that she be permitted to wear a skirt instead. Now Jenkins is considering legal action.

British Cardinals Say Pro-Choice Politicians Should Not Seek Communion

Britain's two highest ranking Catholic leaders-- Cardinals Keith O'Brien and Cormac Murphy-O'Connor-- have said that Catholic politicians who back abortion rights should refrain from receiving Holy Communion. According to today's London Telegraph, Murphy-O'Connor, the leader of Catholics in England and Wales, said: "The long-standing tradition of the Church teaches that anyone who freely and knowingly commits a serious wrong (that is, a mortal sin) should approach the Eucharist only after receiving faithfully the Sacrament of Penance."

US Airways Moves To Dismiss Imams' Lawsuit

Responding in court to a suit filed against it last month by six imams removed from a flight out of Minneapolis, U.S. Airways says it "is required to adhere to the main points of the Transportation Security Administration's Common Strategy regarding security threats in the aviation context." Reporting on the airline's court filling, today's Washington Times says that US Airways argued that it is protected so long as its discretion was exercised "in good faith and for a rational reason".

Inconsistent Parade Rules Bother California Sikhs

In Bakersfield, California, inconsistencies between city and Kern County parade ordinances are posing problems for local Sikhs. Yesterday's World Sikh News says the problem is over where Sikhs may hold nagar kirtan religious parades. City rules limit parades to five specific locations, but county officials think that this is too restrictive on Sikhs' religious freedom.

Brownback Clarifies His Stance on Evolution

Republican presidential contender Sam Brownback writes an interesting op-ed in today's New York Times titled What I think About Evolution. The piece is an attempt to clarify the byte from the Republican candidate debates in which he was one of the candidates who indicated he did not believe in evolution. He says the choice is not between believing in evolution and accepting a literal interpretation of Genesis. He says faith and science should not be driven apart. Summarizing his position, he says: "If belief in evolution means simply assenting to microevolution, small changes over time within a species, I am happy to say, as I have in the past, that I believe it to be true. If, on the other hand, it means assenting to an exclusively materialistic, deterministic vision of the world that holds no place for a guiding intelligence, then I reject it."

Suit Challenging Wm. & Mary Wren Chapel Cross Change Is Dismissed

An alumnus of College of William & Mary has lost his lawsuit (brought pro se) challenging the new policy put in place by the school's President and Board of Visitors regarding the display of a cross in the Wren Chapel on campus. The cross is now displayed in a glass case along with a plaque explaining the state school's Anglican roots. This follows an initial controversial decision to display it only when requested by a group using the chapel and on Sundays. In Leach v. Nichol, 2007 U.S. Dist. LEXIS 38763 (ED VA, May 29, 2007), the court held that plaintiff lacked standing. His only allegation of actual injury was that he "suffered pain and weeping" after the initial decision to remove the cross.

The court held further that even if plaintiff had standing, he did not demonstrate any violation of his First Amendment rights: "The Wren Chapel remains open for worship, the cross may be displayed on the altar at the request of the Chapel's users, and nothing forbids the plaintiff from bringing a cross or a Bible of his own into the Chapel for use in exercising his religion."

Study Shows Disparities In Asylum Case Results

Today's New York Times reports on a study by three law professors analyzing 140,000 decisions over four years by immigration judges in cases in which petitioners are seeking asylum because of fear of persecution (including religious persecution) in their home countries. The study of 54 immigration courts finds that there are broad disparities in results depending on the location of the court and the gender and professional background of the judge.

Churches Concerned About New Requirements For Tax Benefits In Northern Ireland

Legislation being drafted in Northern Ireland will require all charities to show that they further the "public benefit" in order to retain the right to get tax benefits they now enjoy-- receipt of 30% tax back from donations by taxpayers. Belfast Today reported on Tuesday that some churches are concerned about how the Charity Commission will interpret the new requirement. Christian groups promoting cross-cultural evangelism or those pressing for Biblical views on sexual mores and relationships are concerned that they may have difficulty meeting the new test.

Challenge To Food Distribution Ordinance Settled

A lawsuit (see prior posting) challenging a Jacksonville, Florida city ordinance that requires a permit in order to hand out food to the homeless has been settled. The Florida Times-Union reported last week that Michael Herkov will drop the lawsuit, and, in exchange, the city will enact a new ordinance that will exempt religious activities from the city's permit requirements for handing out food. The new ordinance would exempt "any person motivated by bona fide religious beliefs" protected by state and federal laws from the regulation. The city will also pay Herkov's legal fees. [Thanks to Jacqueline Dowd for the lead.]

Malaysian Convert Lina Joy Loses Appeal In High Court

In a 2-1 decision, Malaysia's Federal Court ruled today that Lina Joy, a Muslim convert to Christianity, must get permission from a Sharia court in order to have her religion changed on her identification card. The Associated Press and Reuters both report on the long-awaited decision from Malaysia's highest civil court. Writing for the majority, Judge Ahmad Fairuz upheld the refusal by the National Registration Department to change Joy's identification card. He said: "She cannot simply at her own whims enter or leave her religion. She must follow rules."

Dissenting, Judge Richard Malanjum, the only non-Muslim on the panel, said that it was unreasonable to require Joy to go to a Shariah court because she could face a fine or sentence to a rehabilitation center for apostasy by that court. He wrote: "In my view, this is tantamount to unequal treatment under the law."

Shariah courts in Malaysia have jurisdiction over civil, family, marriage and personal rights of the country's Muslims. A DPA report on the case points out that Islamic courts in each of Malaysia's 14 states have different rules. Only one state has provisions for Muslims to convert. Joy herself is in hiding with her Catholic fiance. So long as her conversion is not recognized, she can marry her fiance only if he converts to Islam. (See prior related posting.)

Georgia Court Says Harry Potter Books Can Stay In School Library

In suburban Atlanta yesterday, according to the Associated Press, a Superior Court judge upheld the refusal by the Gwinnett County school board to remove Harry Potter books from school libraries. Laura Mallory, a parent of two school children, had requested removal of the books, saying they promote witchcraft. Part of Mallory's argument in yesterday's hearing-- at which she represented herself-- was that since witchcraft is a religion, keeping the books in the library violates the Establishment Clause. That argument, however, is hardly consistent with another statement by Mallory: "I have a dream that God will be welcomed back in our schools again." The local school district and the state board of education had both previously rejected Mallory's request, saying that the books spark student creativity and imagination. The court held that the evidence presented supported the school's decision to leave the books in the library. (See prior related posting.) [Thanks to Jack Shattuck for the lead.]

Supreme Court Interprets Filing Deadline Narrowly For Title VII Pay Cases

Yesterday's U.S. Supreme Court Title VII pay discrimination decision, while involving sex discrimination, applies equally to religious discrimination claims. In Ledbetter v. Goodyear Tire & Rubber Co, Inc., (Sup. Ct., May 29, 2007), the court, in an opinion written by Justice Alito, held that the 180 day period for filing a discrimination claim with the EEOC runs from the last discriminatory act. The 180-day period in a pay discrimination case does not begin anew with each paycheck just because the check reflects the adverse impact of prior discrimination. Four justices dissented in an opinion written by Justice Ginsburg, arguing that pay disparities are different from other kinds of adverse action because they may take a long time to discover. The New York Times reports on the decision.

Catholic Day Care Center Wins RLUIPA and Equal Protection Challenges

In Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., May 22, 2007), a Michigan appellate court-- hearing an appeal for a second time-- held that a Catholic Montessori day care program should be permitted to operate in an area zoned for office parks. Plaintiff claimed that the denial of permission to operate the school violated RLUIPA and the equal protection clause. The Court of Appeals agreed, reversing a contrary finding by the trial court. The trial court had held that other suitable property was available for the school. The Court of Appeals said that the trial court erred in holding that real estate costs could not place a substantial burden on plaintiff's religious exercise. The Court of Appeals also said it was clear that plaintiff could not afford available alternate properties. Furthermore, a variance had previously been granted for a secular day care center at the same location. The Court of Appeals said that refusing it here would amount to a denial of equal protection. [Thanks to Brian D. Wassom for the lead.]

In Boston Mosque Dispute, Both Parties Drop Lawsuits

A long-running legal dispute over the construction of a mosque by the Islamic Society of Boston is mostly over as parties agreed to drop competing lawsuits. The Boston Herald reported yesterday that Boston resident James Policastro will drop appeals of his Establishment Clause challenge to the discounted sale of land by the city of Boston to the Islamic Society. In turn, the Islamic Society will drop a defamation and civil rights suit it has filed against mosque opponents and member of the media who reported on the dispute. This will permit construction of the mosque to move forward. However, the David Project, says it will continue to pursue a lawsuit against the Boston Redevelopment authority seeking documents about the sale of the land. (See prior related postings.)

Line Drawing Is Difficult On Graduation Prayer In Michigan Case

A report in yesterday's Christian Post shows that line drawing on Establishment Clause issues continues to be difficult. A Comstock Park, Michigan high school student, Nick Szymanski, was killed last October when he was accidentally electrocuted painting a house. Symanski, who was a member of the school choir, had a favorite song-- The Lord's Prayer. The choir wants to sing it in his memory at graduation on Thursday. It would also present a second, non-religious piece as part of its performance.

The choir sang The Lord's Prayer earlier this year at a concert to raise funds for Szymanski's funeral and during a winter school concert. School officials, however, say that commencement is different-- there is more of a captive audience. That is what the Supreme Court said in a 1992 decision. Counsel has advised Comstock Park school officials that the song should not be included. (Grand Rapids Press). Disagreeing with that advice, the Alliance Defense Fund sent school officials a letter last week arguing that the performance is permissible, saying that under the circumstances it would not be seen as an endorsement of religion.

Northern Ireland Faces "Reverse Religious Discrimination" Charges

Affirmative action in recruitment for Northern Ireland's Police Service has led a Protestant leader-- Lord Laird of Artnagarvan-- to charge religious discrimination. A report yesterday by Catholic World News explains that starting in 2001, as part of the peace process, half of all new openings in the Police Service have been set aside for Catholics. The set-aside was aimed at increasing the confidence of Catholics in law enforcement. They had previously held less than 10% of the police positions.