Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, July 19, 2007
Officer In Iraq Sues For Conscientious Objector Status
The Associated Press reported yesterday that West Point graduate, Capt. Peter Brown, currently serving in Iraq with the 10th Mountain Division, has filed suit in federal district court in Washington, DC seeking conscientious objector status. Brown said that he became a pacifist after, in the Army, he began attending a civilian religious center in the Netherlands. He is currently working in a non-combat capacity in Baghdad.
Wednesday, July 18, 2007
NJ Trial Is Scheduled In Russian Orthodox Church Property Dispute
Today's Wall Street Journal reports on a case scheduled to go to trial next month in Atlantic City, New Jersey in which a Russian Orthodox diocese in the United States is suing to take control of the property of the Sviato-Pokrovskiy Russian Orthodox Church and evict 83-year old Adelaida Nekludoff. She took control of the Buena, NJ church in 2004 when her husband, the church's priest, died. In 1917, Russian Orthodox churches outside of the Soviet Union split from the Moscow leadership. However, this year the Church Abroad reconciled with Russian church authorities. Nevertheless, a number of critics think that the Russian church still has too many ties to the Soviet era and to current repressive policies in Russia, and have refused to go along with the 2007 Canonical Communion. Mrs. Nekludoff is one of them. In February 2006, the Russian Orthodox Bishop of Manhattan sued, asking the court to declare that Sviato-Pokrovskiy church property is being held by the parish in trust for the parent body, the Church Abroad. [Dates corrected, thanks to Suzanne Sataline ]. [Thanks to Steven H. Sholk for the original lead.]
Nativity Scene Display Issue To Be On Berkley, Michigan Ballot
The Berkley, Michigan city clerk's office has certified that Christmas Holiday Display advocates have obtained enough signatures to place a referendum on November's ballot. Today's Berkley (MI) Daily Tribune reports that, if approved, the proposal will require the city to display a nativity scene along with secular holiday symbols on city hall property. Last year, after the ACLU challenged the city's traditional display of a nativity scene alone, city council voted to give the creche to the Berkley Clergy Association for display at local churches instead of adding, on a permanent basis, secular items along with the creche at city hall. (See prior posting.)
Charges Dismissed As FBI Refuses Records Relevant To Selective Prosecution Claim
Today's Chico (CA) Enterprise Record reports that a Butte County, California trail judge yesterday dismissed charges of attempted receipt of stolen property that had been brought against Bilal Yasin, a Muslim store owner caught in a sting operation supposedly directed at illegal cigarette sales. The judge held that the refusal of the FBI-- who furnished initial information to local police-- to turn over requested information about the investigation prevented defense counsel from trying to proving his charges of selective prosecution. During the investigation, a federal agent questioned Yasin at length about his religious beliefs and whether he had any connections to terrorist groups.
Columnist Says NY Church Violated Tax Code Limits
Yesterday's Niagara (NY) Gazette carries an opinion piece by Ken Hamilton complaining about a local church's apparent violation of limitations on political activities imposed by the Internal Revenue Code. St. John’s AME Zion Church's bulletin advertised that the Church was holding a $25 per person campaign breakfast for Renae Kimble, who is running for re-election to the Niagara County Legislature. Hamilton asks, "Why would Kimble, not even a member of the church, put this rather educated congregation at risk [of losing its 501(c)(3) status]?"
Cambodia Limits Christian Proselytizing
On Tuesday the Cambodian government distributed an order, dated June 26, prohibiting Christians from promoting their religion in public, or using money or other means to encourage conversion. The Associated Press reports that the proclamation is similar to ones issued in 1999 and 2003. Sun Kim Hun, deputy minister of cult and religion, said that Christians are free to engage in any religious activities within their own churches, but they cannot go door-to-door seeking converts.
British Tribunal Interprets Sexual Orientation Exemptions Narrowly
In the first test (see prior posting) of the scope of the exemptions for religious institutions under Britain's 2003 Employment Equality (Sexual Orientation) Regulations, an Employment Tribunal in Cardiff effectively held that the exemptions do not apply to lay leaders or support staff of the Church of England. (Background article). BBC News reports today that the Tribunal found the Bishop of Hereford violated the anti-discrimination regulations when he blocked the appointment of John Reaney as a youth official, despite a unanimous recommendation by an interview panel that he be given the job, and high recommendations from two other Anglican dioceses where he has been employed. The bishop argued that he would have vetoed anyone who was in a committed sexual relationship outside of marriage-- regardless of their sexual orientation. However, Reaney is not now in a relationship. The Tribunal held that the Bishop should only have considered Reaney's present situation, and not questioned him on his future relationships.
High Point, NC Moves To Non-Sectarian Invocations
Ever since the ACLU of North Carolina earlier this year sent letters to a number of North Carolina cities and counties challenging their practice of opening council meetings with sectarian prayer, governmental bodies around the state have been deciding how to respond. (See prior posting.) On Monday, the High Point, NC City Council voted 9-1 to limit invocations to non-sectarian prayer. It rejected a counter-proposal to rotate the opening prayer among members of council, without restriction on the prayer's content. Tuesday's Greensboro (NC) News-Record reports that many of the 200 citizens attending the council meeting opposed council's decision. The news article also carries a summary of the responses of six other North Carolina jurisdictions to the challenge to sectarian prayer. [Thanks to Blog from the Capital for the lead.]
Tuesday, July 17, 2007
Harry Potter Launch Time Creates Legal and Religious Issues In Israel
In Israel, the agreement by bookstores to synchronize their launch of J.K. Rowling's newest Harry Potter book with booksellers in the rest of the world has created legal problems. The launch in Israel is to be at 2:01 a.m. Saturday, local time-- during the Jewish Sabbath. However, Israeli law prohibits employers from forcing Jewish employees to work on the Saturday. (Hours of Work and Rest Law, 1951). And, as In Context explains, under Israeli law bookstores in some locations can be open on the Sabbath, while those in other places cannot. According to today's Haaretz, Industry and Trade Minister Eli Yishai has threatened to prosecute and fine any bookstore that opens in violation of the law. Israel's largest bookstore chain, Steimatzky, says it will to go ahead with its planned Friday night celebration in Tel Aviv to launch the new title, Harry Potter and the Deathly Hallows.
British Girl Loses Court Battle to Wear "Chastity Ring" In School
A High Court in London has rejected a suit by a 16-year old high schooler who claims that her school's ban on jewelry violates religious freedom protections of the European Convention on Human Rights. Reuters yesterday reported on the decision that rejected Lydia Playfoot's argument that she should be allowed to wear her silver ring that is a symbol of her commitment to sexual abstinence until marriage. Lydia's parents are leaders in Britain of a group that encourages teenage chastity-- the Silver Ring Thing . Her West Sussex school allows exceptions for jewelry that is integral to religions beliefs, but they argue that Playfoot's purity ring in not integral to her Christian faith. (See prior related posting.)
Alberta Commission Begins Hearing On Charges Of Anti-Gay Provocations
Yesterday in Canada, the Alberta Human Rights and Citizenship Commission began hearing evidence in a case brought by University of Calgary Professor Darren Lund against Rev. Stephen Boissoin. Today's Globe and Mail reports that the charges are based on a letter from the Christian minister published in an Alberta newspaper-- the Red Deer Advocate-- that urged readers to "take whatever steps are necessary to reverse the wickedness" of the "homosexual machine." The letter, published under the caption "Homosexual Agenda Wicked" argued that "enslavement to homosexuality can be remedied." Two weeks later, a 17-year old was beaten by another man who followed him home and said to him, "You're a faggot, right?".
In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.
In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.
Australian Court Upholds Decision That Rabbi's Contract Has Expired
In Engel v. The Adelaide Hebrew Congregation, Inc., (S. Austr. Sup. Ct., June 26, 2007), the Supreme Court of South Australia upheld a decision of a lower court that a rabbi's contract with his congregation had expired, and he was obligated to give up possession of property that the synagogue had provided for him. JTA provides more background on the six-month legal battle in the case, as does this prior posting. Rabbi Yossi Engel-- who argues that he has tenure in his position-- contended that the court should have stayed proceedings while his dispute was heard by a Bet Din (Jewish rabbinic court). Originally the synagogue's board refused to submit the matter to the Sydney Bet Din that has jurisdiction over Adelaide, and that Bet Din issued a contempt order against the board. Ultimately the parties agreed to have the case heard by a Bet din in London. The court, however, said: "even if Rabbi Engel has a remedy under Jewish law, which would result in an order under that law that he be restored as rabbi and given possession of the property, this Court would not enforce such an order by injunction or by order for a specific performance."
Court Says College Instructor Can Recover Attorney Fees In Bias Suit
Today's Miami Herald reports that a Florida federal district judge on Friday ruled that a Broward Community College instructor was the prevailing party so that he can collect attorneys' fees in his employment discrimination case, even though the jury awarded him no damages. James W. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. Johnson, who has taught part-time for 13 years, has been consistently passed over for a full time appointment. The jury left a note saying that the college had a ''religious bias that is clearly infecting some of its courses in the religion department.'' However it awarded no damages because it found that, while religion "was a substantial motivating factor" in making course assignments, there may also have been other reasons why the college acted as it did. Johnson plans to appeal the failure to recover damages. (See prior related posting.)
Bahrain To Increase Government Control Of Mosques
Bahrain's Ministry of Justice will issue an order in the near future creating a media department at the Ministry that will be responsible for organizing and supervising mosques. Gulf News today reports that the increased monitoring is aimed at countering the politicization of mosques and the disunity among Muslims that they are creating as their activities have increasingly been controlled by various Islamic factions and groups.
Poland Requires Stores To Close On Catholic Holidays
Poland's Parliament has passed a law prohibiting retail sales on Roman Catholic feast days, as well as on Poland's Constitution and Independence Day. Ecumenical News International reports that the bill, passed earlier this month, requires stores to remain closed on Easter, Pentecost, Corpus Christi, the Feast of the Assumption, All Saints Day, Christmas and New Years' Day. In all, 12 days are covered. Restaurants, hotels, gasoline stations and small stores with single owners are exempt.
Monday, July 16, 2007
Welsh Court Quashes Order To Slaughter Diseased Sacred Bullock
The BBC today reports that a High Court judge in Wales has quashed the rulings made by local officials in Carmarthenshire ordering a sacred Friesian bullock, kept by a local Hindu Temple, to be slaughtered because it tested positive for tuberculosis. (See prior posting.) Monks from the Skanda Vale Temple had filed suit alleging that the order violated their right to practice their religion protected under Section I, Article 9 of the European Convention on Human Rights. Judge Gary Hickinbottom wrote that local officials will now "be obliged to reconsider the public health objectives that underlie behind the surveillance and slaughter policy, and come to a view as to whether, in the reasonable pursuit of those objectives, the slaughter of this animal (or some less intrusive measure) would be proportional given the serious infringement of the community's rights under Article 9 that slaughter would involve."
Group Criticizes House Committee Vote On Abstinence Education As Religiously Biased
A subcommittee of the Appropriations Committee of the U.S. House of Representatives last month approved a $32 million increase in funding for the Community Based Abstinence Education Program, despite a recent study indicating that the program is not successful in changing teen behavior. (In These Times.) Now apparently the full Appropriations Committee has approved the increase as well. This came as Congress last week sent to the President a 6-month extension of the program. The Secular Coalition for America today issued a press release criticizing the Appropriations Committee vote as "an unfortunate continuation of failed policies based on theology rather than fact". It said that the vote reflects "a clear religious bias" and that the programs have been "developed by individuals who put theology above education".
St. Louis Mosque Gets Unexpected Help In Its Rezoning Fight
Today's St. Louis Post Dispatch reports that after the St. Louis County Council rejected a rezoning request by the Islamic Community Center to permit it to build a mosque on property it owns that is zoned only for commercial use, the grandson of a St. Louis area rabbi has joined in the fight to overturn Council's decision. The county's Planning Commission had recommended approval of the rezoning, but in April Council (by a 4-3 vote) surprising rejected the recommendation that the congregation, made up largely of Bosnian immigrants, be permitted to build on the site. That led the mosque to sue under the Religious Land Use and Institutionalized Persons Act. Rick Isserman, who is now helping the mosque, says that his grandfather, Rabbi Ferdinand Isserman waged a similar, and successful, battle 48 years ago to move his synagogue, Temple Israel, from the city to suburban Creve Couer. Temple Israel's current rabbi, Mark Shook, speculated that Council was concerned with losing the tax revenue from the property if it rezoned it to permit a tax-exempt religious institution to be built on it.
Wyoming City To Dedicate 10 Commandments In Monument Plaza
The movement toward erecting Ten Commandments monuments on public property continues. In Casper, Wyoming today the city will dedicate an "historic monument" plaza containing a Ten Commandments monument that was donated to the city in 1965 and was displayed in a city park until 2003 when it was removed under threat of a lawsuit. The new plaza will also feature five other monuments. They depict the Declaration of Independence, the Preamble to the U.S. Constitution, the Mayflower Compact, the Bill of Rights and the Magna Carta. Today's Jackson Hole Star Tribune reports that the city previously rejected an offer by Rev. Fred Phelps of Topeka, Kansas' Westboro Baptist Church to put up a monument declaring that University of Wyoming student Matthew Shepard, murdered because he was gay, is in hell.
Israeli Interior Minister Proposes Change In Religion-State Status Quo
Yesterday's Jerusalem Post reports that Israel's Interior Minister, Meir Sheetrit, has proposed two controversial changes in Israeli law. He wants to limit those who can enter the country and become citizens under the Law of Return to individuals who are Jewish according to halacha (Rabbinic law). Currently the law is broader. It includes anyone with a Jewish grandparent and their spouses. Sheetrit says that 70% of recent immigrants from the former Soviet Union are not Jewish halachically. The right-wing Israel Beiteinu party strongly opposes this reform.
Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.
Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.
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