Battles Over Chreches On Public Property Begin Early This Year

The "Christmas wars" are beginning early this year. Yesterday's New York Sun reports that in Queens, New York, City Council member Tony Avella is asking the New York City Department of Education to change its policy so that nativity scenes can be displayed in schools. Avella is scheduled to disclose the exact language of his proposal on Sunday at City Hall. At that time he will hold a press conference along with representatives from the Catholic League for Religious and Civil Liberties and the Ladies Ancient Order of Hibernians. Current school policy permits only secular Christmas symbols, but permits menorahs for Hanukkah and the star and crescent for Ramadan.[CORRECTED] (See prior related posting.)

Meanwhile, according to today's Royal Oak (MI) Daily Tribune, residents of Berkley, Michigan, are seeking the return to property outside city hall of a nativity scene that was removed last year. Residents are circulating a petition to place an amendment to the city charter on the November ballot that would reverse the decision made last year to remove the creche from city property and display it on a rotating basis at local churches.

Brownback Apoligizes For Staffer's Anti-Mormon E-Mail

Republican presidential hopeful Sen. Sam Brownback has apologized to fellow-candidate Mitt Romney for an e-mail sent out by one of Brownback's staffers claiming that Mormons are not truly Christians. Yesterday's Salt Lake Tribune reports that Brownback's southeast field director in Iowa, Emma Nemecek, used her perosnal AOL account to send the e-mail to a dozen people. Brownback also plans to apologize to leaders of the LDS Church for the incident. Both Rudy Giuliani and John McCain apologized earlier this year when their staffers distributed or made anti-Mormon comments.

Detroit Area Church Sues Housing Commission For Discrimination

The New Life Family Church is suing the River Rouge, Michigan Housing Commission for religious discrimination after the Commission voted last week to stop renting the city's Hyacinth Court Community Center to the start-up congregation for it to use for Sunday worship services. Today's Detroit News reports that the Commission ignored the advice of its general counsel and decided that it did not want the Center used for religious worship. However, the church is not immediately without a place to congregate. A Wayne County Circuit Court issued a temporary restraining order on June 15, permitting the church to remain in the Center pending a hearing on a preliminary injunction set for June 28. Lawyers representing the church have also issued a press release on the case.

Indian Candidate Creates Controversy By Opposing Veils

Dawn reports today that Muslim leaders in India are calling on Prime Minister Manmohan Singh to drop his support of the moderate Hindu governor of Rajasthan, Pratibha Patil, for election to the largely ceremonial post of president. Patil angered Muslims when, last week end, she urged women to end the practice of wearing the veil. She said the practice of wearing it started in the 16th century when women were trying to save themselves from Mughal invaders. Many historians say the practice actually began earlier than that. The presidential election is in July, and nominations can be made until June 30.

Taking of Church Property By Eminent Domain Upheld

A Broward County, Florida Circuit judge has ruled that the county can use its eminent domain power to take property leased by a church for the county to use to build a drug treatment center. Yesterday's Miami Herald reports that the county decided on the land before the church leased the then-vacant property, but church signed its lease with an option to buy just before the county filed its eminent domain petition in court. The court concluded that the taking did not violate Florida's Religious Freedom Restoration Act, holding that the church's exercise of religion will not be substantially burdened by being forced to move.

Tomorrow Is National Day of Prayer For Native American Sites

Tomorrow, June 21, has been designated by the Morning Star Institute as the 2007 National Day of Prayer to Protect Native American Sacred Places. In Washington, DC, the day will be marked by an observance on the Capitol grounds. Indian Country Today reports that the annual event was begun five years ago as a way to seek Congressional legislation that would create a cause of action to protect Native American sacred places. Events marking the day will also be held at a number of locations around the country.

North "Dakota City Moves 10 Commandments Monument

Fargo, North Dakota city commissioners voted 3-2 on Monday night to remove a 10 Commandments monument from public property next to city hall and instead place it on private land. The Fargo Forum reports today that the move follows Council's unanimous rejection of an offer from the Red River Freethinkers to put up a monument near the Ten Commandments that would contain a quote from a 1796 US-Tripoli treaty: "The government of the United States of America is not in any sense founded on the Christian religion." Voting to move the 10 Commandments monument, Councilman Mike Williams said: "Religion is too important for politics, and that's why we need to make a change here."

UPDATE: Today's Fargo Forum reports that religious activists are circulating an initiative petition that would add a section to Fargo's City Code requiring the 10 Commandments monument to remain on public property where it has stood for many years. Meanwhile the city is accepting proposals from private parties who would like to have the monument placed on their land. It will decide on a location on July16.

Italian Prosecutors Investigating "Da Vinci Code" Film

In Italy earlier this year, a group of clergy filed a complaint against the film, The Da Vinci Code. The Washington Post reported yesterday that the state prosecutor's office now says it will open a criminal investigation into the film to determine whether it is "obscene" from a religious perspective. If the film, originally released over a year ago, is found to violate Art. 528 of Italy's Penal Code, defendants could face jail time and fines. However the defendants cannot be extradited from abroad to face these charges.

President Attends National Hispanic Prayer Breakfast

Last Friday, President George W. Bush spoke (full text of remarks) at the National Hispanic Prayer Breakfast in Washington. The President said that he appreciated "the opportunity to be with Hispanic American pastors and priests and community leaders and faith-based activists from all over the United States. " He thanked them for inviting him and for their "abiding faith in the power of prayer". Many of his remarks focused on immigration reform.

New Zealanders Oppose Queen's Title of "Defender of the Faith"

In New Zealand, a group that is pressing for a an elected head of state for the country to replace the British monarch's serving in that role, issued a press release on a survey published this week. The poll by Research New Zealand revealed that most New Zealanders are opposed to recognizing Christianity as the state religion in the country and are also opposed to one part of the Queen's title-- the phrase "defender of the faith". Under the Royal Titles Act 1974, her full title is: "Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith".

Cert. Denied In Libel Suit By Church Group Against Encyclopedia

Today the U.S. Supreme Court denied certiorari in The Local Church v. Harvest House Publishers (Case No. 06-1520) (June 18 Order List), a case on the scope of the "ecclesiastical abstention" doctrine and other First Amendment doctrines as they apply to defamation actions that arise in a religious context. In the case, a Texas state court of appeals, rejected a libel claim by a group of churches against a publisher and two authors who included "The Local Church" in The Encyclopedia of Cults and New Religions. (See prior posting). Extensive primary materials and commentary on the case are posted on Contending for the Faith website.

When Are Bilingual Charter Schools Too Religious For State Sponsorship?

Yesterday's South Florida Sun Sentinel reports on the controversy surrounding a new Hebrew/ English bilingual charter school that will open this fall in Hallandale, Florida. Some argue that the school's plan of operations at least comes close to violating principles of church-state separation. The school's principal will be a rabbi, and its curriculum will include Jewish history and culture. However, Susan Onori, the charter school coordinator for the Broward School Board, says that while the school will be in a Jewish Center, many of Broward's 48 charter schools are in churches and temples. The school will follow the same calendar as all public schools. Onori says that all religious symbols are to be covered during the day. Also, the school is already over-enrolled, so it must select students through a lottery, which will help create diversity. This controversy echos a controversy surrounding an Arabic/English charter school opening in New York this fall.

Can State Protect Children From Religious Approaches At County Fair?

Liberty Counsel last week pointed to a interesting change in policy that it convinced the Canyon County (Idaho) Fair & Festival Board to make. The Board had imposed restrictions on two religious organizations renting booths at the upcoming county fair. Contracts with the Child Evangelism Fellowship (CEF) and with the Gideons had originally restricted the groups from offering their materials to children unless the child's parent was also present. After a demand letter from Liberty Counsel arguing that these restrictions violated the religious groups' freedom of speech, the Board relented and provided new contracts without the restrictions. So now, as in past years, CEF will offer face painting and literature with a Christian message to children at the fair, to be held in July.

Group Issues Report On Religious Right's Influence In Texas

The Texas Freedom Network has recently published a report on The State of the Religious Right: 2007, God’s Lawgivers? Carrying the Water for the Religious Right in Texas Government. The organization's press release on the report describes it as:

the TFN Education Fund’s second annual report on the religious right’s powerful influence in Texas. Inside the report you will find:

• A comprehensive history of proposed state legislation relating to key parts of the religious right's agenda, including promoting private school vouchers, opposing responsible sex education, attacking stem cell research and censoring public school textbooks.

• A listing of Texas groups associated with the religious right, including data on each group’s finances, leadership and activities.

• An analysis of the 2006 Texas Republican Party platform

• A compilation of some choice quotes attributed to far-right leaders and elected officials in 2006.

Indonesian Christian Women Released Early From Prison

Ekkleisa reports that earlier this month, Indonesian authorities released from prison three Christian women who, in a much-publicized case, had been jailed for violating the country's Child Protection Code that bans converting children through tricks, lies or force. They had been convicted of operating a "Happy Sunday" program that attracted Muslim children, as well as Christians. The program included Christian songs, games and Bible studies. The women were released after serving two years of their three-year sentence. (See prior related posting.)

Danish Official OK's Muslim Practices For Judges, Attorneys

The president of the Danish Supreme Court, Torben Melchior, has ruled that there is no problem with female Muslim judges wearing headscarves in court. Nor is there any objection if they refuse to shake hands with men. Radiance Viewsweekly, reporting on an article in the June 5 Jyllands-Posten [Danish version], quotes Melchior as saying that the country needs more immigrants, including believing Muslim women, to become judges and barristers. "It would benefit integration and our legal system. Judges and lawyers must be recruited from the population as a whole, in order to assure that all backgrounds and points of view are represented," he said.

Performance Of IN Social Service Agency Chaplain Raises More Than Church-State Issues

As previously reported, last month a federal lawsuit was filed challenging the constitutionality under the Establishment Clause of the hiring of a chaplain by Indiana's Family and Social Service Administration. Now the Indianapolis Star reports that, separate from the lawsuit, there are substantial questions about the Rev. Michael Latham's performance as that chaplain. First there are questions about Latham's relatively high salary. Also, he does not appear, after 21 months, to have followed through on his main responsibility, which was to organize a network of volunteer clergy to counsel FSSA employees. Also Latham does not meet the qualifications required generally for state chaplains hired by Indiana prisons and hospitals. He graduated from high school unable to read, eventually learning to read from tutors in his church. He has never attended college or a seminary and has no training n counseling. However, Latham was active in the 2004 campaign of Indiana's now-governor, Mitch Daniels. Latham appeared in Daniels' campaign ads, and at a campaign news conference criticized the minority-hiring practices of then-Democratic Gov. Joe Kernan. Latham and FSSA Secretary Mitch Roob defend Latham's performance in his new position.

Queen Knights Rushdie; Iran Says This Shows Anti-Islamism

BBC News reported on Friday that Salman Rushdie, author of The Satanic Verses, has been knighted by Queen Elizabeth. His name appeared on the Honours List , which cited him for his services to literature. His book aroused great controversy in the Muslim world. He went into hiding in 1989 after after an Iranian fatwa, accompanied by a bounty on his head, put him under threat of death. In 1998, the Iranian government said it would no longer support the fatwa, and Rushdie emerged from hiding. However some Muslim groups consider the fatwa still in force. In a press conference today, according to the AP, Iran Foreign Ministry spokesman Mohammad Ali Hosseini criticized the Queen's move, saying: "Awarding a person who is among the most detested characters in the Islamic society is obvious proof of anti-Islamism by ranking British officials."

UPDATE: The AP reported on Monday that Pakistan's parliament passed a resolution demanding Britain withdraw the knighthood awarded to Rushdie, while in the Pakistani city of Multan, students burned the Queen and Rushdie in effigy, and chanted "Kill Him! Kill Him!"

Recent Scholarly Articles of Interest

From SSRN:
Carolyn M. Evans, Religious Freedom and Religious Hatred in Democratic Societies, (Univ. of Melbourne Legal Studies Research Paper No. 236).

Carl H. Esbeck, When Accommodations for Religion Violate the Establishment Clause: Regularizing the Supreme Court's Analysis, (West Virginia Law Review, Vol. 110, No. 1, Fall 2007).

From Bepress:
Paul E. McGreal, Social Capital in Constitutional Law: The Case of Private Norm Enforcement Through Prayer at Public Occasions, (May 2007).

From SmartCILP:
Ezekial Johnson & James Wright, Are Mormons Bankrupting Utah? Evidence from the Bankruptcy Courts, 40 Suffolk University Law Review 607-639 (2007).

Heba A. Raslan, Shari'a and the Protection of Intellectual Property--the Example of Egypt, 47 IDEA 497-559 (2007).

Symposium on Pope John Paul II and the Law. Foreword by Elizabeth R. Kirk; articles by Gerald J. Beyer, Renato Raffaele Cardinal Martino, Gregory R. Beabout, Mary Catherine Hodes, Michael Lower, Christopher Tollefsen and Most Rev. Nicholas DiMarzio. 21 Notre Dame Journal of Law, Ethics & Public Policy 1-214 (2007).

MD Court Says Organist Not Excluded By Title VII "Ministerial Exception"

In Archdiocese of Washington v. Moersen, 2007 Md. LEXIS 348, (MD Ct. App., June 14, 2007), a Maryland state appellate court, in a 2-1 decision, held that William Moerson, formerly an organist for St. Catherine Laboure Parish Catholic church, can pursue a Title VII employment discrimination claim against the church. The court held that his job position is not covered by the "ministerial exception" to Title VII. The majority wrote: "Moersen was not required to have any specialized knowledge of the Catholic faith…. [H]is lack of knowledge of many aspects of the Catholic faith did not prevent him from doing his job…. Moersen was not the 'voice' of the church. It was the Cantor that led the Parish and choir in song, and Moersen merely accompanied him. Not only did he not preach or inculcate values, he did not decide how the message was expressed. He was not … in a teaching role, in a position where his own beliefs affected his ability to perform his job."

Judge Harrell, dissenting, argued that "Moersen's position was of a ministerial nature…. A position entailing the performance of religious music, for a church during its religious services, to a religious end cannot possibly be perceived as anything but religious."