"Adopt-A-School" Program For Churches Questioned

Yesterday's Visalia (CA) Times-Delta reports on a program operated by the Visalia (California)Unified School District that permits faith community organizations to "adopt" public schools. The guidelines for the program, published by the school board, call for groups to create a supportive presence at their adopted schools, for them to establish and nurture relationships and serve as a practical demonstration of personal faith. However, the guidelines prohibit groups from engaging in overt prayer with students, offering spiritual advice, wearing items that promote a particular faith, inviting students to religious events or arranging contact with then outside of school. Now some critics are questioning whether the church-state separation line has been crossed, especially by a summer sports camp operated by a church at one of the schools. The camp included Bible study. School officials say the church rented school premises for the camp, just as any non-profit group could rent the facilities.

Recent Articles and Book of Interest

From SSRN:
Anne K. Knight, Striking the Balance between Anti-Discrimination Laws and First Amendment Freedoms: An Alternative Proposal to Preserve Diversity, (Aug. 1, 2007).

From Bepress:
Asher Maoz, Religious Education in Israel, (Tel Aviv University Legal Working Paper Series, No.44, July 2007).

Multi-article issues:
From the State House to the Schoolhouse: Religious Expression in the Public Sphere, articles by Cynthia A. Baker, Kevin C. McDowell, Luke Meier, Mark Strasser, 40 Indiana Law Review 491-584 (2007).

Journal of Church and State, Vol. 49, No. 2 (Spring 2007) has recently been published.

From SmartCILP:
Robert Audi, Religion and Public Education In a Constitutional Democracy, (Reviewing Kent Greenawalt, Does God Belong in Public Schools?), 93 Virginia Law Review 1175-1195 (2007).

David Keane, Addressing the Aggravated Meeting Points of Race and Religion, 6 University of Maryland Law Journal of Race, Religion, Gender & Class 367-406 (2006).

Andrew Koss, Anti-Semitism in Poland, Then and Now: A Review of Two Books, (Reviewing Jan T. Gross, Fear: Anti-Semitism After Auschwitz; and Joanna Beata Michlic, Poland's Threatening Other.) 1 Columbia Journal of East European Law 188-199 (2007).

Alenka Kuhelj, A Socio-Legal View on Multi-Culturalism and Religious Changes in Post-Communist EU States, 1 Columbia Journal of East European Law 114-141 (2007).

Jennifer M. Smith, Morse Code, Da Vinci Code, Tax Code and ... Churches: An Historical and Constitutional Analysis of Why Section 501(c)(3) Does Not Apply to Churches, 23 Journal of Law and Politics 41-88 (2007).

Mark Totten, The Politics of Faith: Rethinking the Prohibition on Political Campaign Intervention, 18 Stanford Law & Policy Review 298-323 (2007).

New book:
Bill Osinski, Ungodly: A True Story of Unprecedented Evil (2007),(reviewed by Fulton County Daily Report).

Scientology's Help In Disaster Areas Questioned

An ABC News report on Friday focuses on the Church of Scientology's large corps of ministers who appear at natural and man-made disasters around the world. Scientology says they are there to assist and console. Critics say that Scientology uses these disasters to convert people when they are most vulnerable. 20 Scientologists in the Minneapolis area headed to the site of the collapsed bridge last week to help the Red Cross. In recent years, Scientology volunteers have been at Virgina Tech, New Orleans after Hurricane Katrina, and Ground Zero after 9/11.

Trial Set To Begin In Suit To Recover Funds Donated To Church

Today's Palm Beach Post reports that jury selection is scheduled to begin Tuesday in a suit against a West Palm Beach (FL) Baptist church and its former pastor. Lucinda Bennett is seeking to recover $1.8 million she gave to the church and its pastors, claiming that the church's pastoral staff improperly obtained the funds from her, knowing that she was mentally ill at the time. The church argues that Bennett donated her recently-inherited funds freely in the exercise of her constitutional right to practice her religion.

Italian Premier Wants Church To Help With Tax Compliance

Italy's Premier Romano Prodi has asked the Catholic Church to help the government in its attempt to crack down on tax evasion. In an interview with a religious weekly, Prodi said: "A third of Italians heavily evade taxes.... Why, when I go to Mass, is this issue, which is ethically charged, almost never touched upon in the homilies?" The AP reported last week that Prodi's appeal has led his opponents to charge that he is violating the principle of secularism that he has strongly defended in the past.

Some of Pastor's Defamation and Related Claims Dismissed

In Seung Jin Lee v. Tai Chul Kim, (Nassau Co. Sup. Ct., Aug. 2, 2007), a New York trial court dismissed several defamation claims brought by the Senior Pastor of the Korean Church of Eternal Life (Woodside, Queens) against two opponents of her serving in that position. It found the statements underlying those claims do not constitute defamation. However, the court permitted plaintiff to move ahead with her claim that certain other statements were defamatory. The court also dismissed the pastor's claims of intentional infliction of emotional distress, trespass, conversion and tortious interference with contract.

Complex Housing Discrimination Case Generates Multiple California Lawsuits

In Santa Monica, California, suits alleging housing discrimination on the basis of religion have been filed in both federal and state court by tenants about to be evicted from an apartment building and by the City Attorney's Office. Yesterday's Santa Monica Daily Press reports on developments. The suits claim that Or Khaim Hashalom-- whose status as a religious organization the suits are challenging-- has been attempting to evict current tenants so it can demolish the building in which they live and put up high-priced condominiums that would be sold only to Jewish refugees from the Middle East. The tenants' suit seeks compensatory damages of $5 million per tenant, plus punitive damages and attorneys' fees.

In the complicated dispute, the city has has declared the current building a "landmark" so it cannot be torn down. Or Khaim has challenged that in its own lawsuit, claiming both that the designation is not justified under the landmark law, and that as a religious institution it is exempt. (Cal. Govt. Code. Sec. 37361). Meanwhile, Or Khaim says it has given up on its plans to house Jewish refugees and instead plans to offer transitional housing for the poor. The suit filed by the city indicates that it is skeptical, saying that Or Khaim has already begun "ethnic and religious cleansing" of the apartment building. A more detailed account of the controversy appears in today's Iranian Jewish Chronicle.

UPDATE: On Aug. 6, a federal district judge issued a preliminary injunction prohibiting eviction of tenants. The Santa Monica Daily Press reported the court found that there may have been a violation of the Fair Housing Act.

Military Chaplain Imposter Sentenced To Probation and Community Service

Today's Seattle Post-Intelligencer reports on the sentencing of Reggie Buddle, who falsely posed as a military chaplain and Marine combat hero. Buddle convinced 19-year old Christopher Bearce to enlist in the Marines. Then he baptized Bearce and two of his friends before they left for basic training. Later on, Buddle performed the wedding ceremony for Bearce and his fiancée, and officiated at the funeral of Bearce’s grandmother. Buddle plead guilty last April to unlawful wearing of military medals and decorations, and now has been sentenced to two years' probation and 500 hours of community service in a military cemetery.

China Asserts More Control Over Tibet's Buddhists

Friday's Washington Post reports that China’s State Administration for Religious Affairs is attempting to increase its control over Tibetan Buddhism by mandating that it approve all future reincarnate lamas (tulkus) who generally lead religious communities in Tibet. China already insists on approving the best-known reincarnates, including the Dalai Lama and the Panchen Lama.

Court OK's Michigan Agency's Deletion of Bible Verses From Advocates' Profiles

Michigan's Unemployment Insurance Agency (UIA) operates an Advocacy Program to provide representation to parties in administrative hearings. Advocates who wish to offer their services contract with UIA to submit biographical information that is then circulated to employers and employees. In Grosjean v. Bommarito, 2007 U.S. Dist. LEXIS 56108 (ED MI, Aug. 2, 2007), a Michigan federal district court upheld the UIA’s decision to eliminate Biblical quotations that two advocates had previously included in their profiles. Even though the advocates had been hired by some clients on the basis of these quotations, the court held that the UIA was justified in removing the quotations as irrelevant to the individuals' qualifications. The court rejected Establishment Clause, Free Speech, Equal Protection, vagueness-overbreadth, and mootness challenges to the UIA’s action.

Kentucky Churches Press Courts For Tough Drug Sentences

The AP reported Friday on a program in eastern Kentucky known a Church Watch. Christian churches enlist volunteers to monitor court hearings in drug-related cases to see whether officers are showing up to testify and judges are handing out severe enough sentences. The group complains to law enforcement or courts if they believe that courts are not doing the right thing. They also collect data in order to track trends in drug crimes. Clay County (KY) judges say that Court Watch observers are welcome in their courtrooms.

DoD Inspector General Finds Fault In Military Support of Christian Embassy

In a press release issued today, Military Religious Freedom Foundation founder Mikey Weinstein drew attention to a July 20 report by the Department of Defense Inspector General that found wrongdoing in connection with the appearance by military officials in a video promoting Christian Embassy. (See prior posting.) The Inspector General's Report (full text via Truthout.org) found that seven military officers violated various military regulations through their actions:

The seven officers participated in interviews with Christian Embassy, excerpts of which were also included in the promotional video. The officers were filmed during the duty day, in uniform with rank clearly displayed, in official and often identifiable Pentagon locations. Their remarks conferred approval of and support to Christian Embassy, and the remarks of some officers implied they spoke for a group of senior military leaders rather than just for themselves. None of the officers sought or received approval to participate in the interview in an official capacity or in uniform....

Chaplain Benson requested and obtained limited approval for Christian Embassy to film in the Pentagon by mischaracterizing the purpose and proponent of the video. His request implied that the video was being produced to document the Pentagon chaplain's ministry rather than to promote a non-Federal entity....

[Thanks to Michael Lieberman for the information. ]

UPDATE: Saturday's Washington Post covers the Inspector General's report. Truthout.org also has the story and the video.

Plans For Jewish Charter School Continues To Generate Debate

Philadelphia's Jewish Exponent carries a long article today discussing the controversy surrounding the Ben Gamla Charter School opening in Hollywood, Florida this month. (See prior posting.) At issue is whether the school will truly be a secular institution focusing on Hebrew language and Jewish culture, or whether its offerings will in fact be religious. Much of the controversy is within the Jewish community of Broward County, which includes a large concentration of Israelis. Critics say the school provides a road map for other religious groups to use to get around church-state restrictions. The school's director, Orthodox Rabbi Adam Siegel, says students will learn Hebrew, Jewish culture and Jewish history for two hours a day, but that there will be no teaching of prayer or Torah. The school will serve kosher meals, and students can organize their own worship services.

Sigel said, "I didn't get hired for this job because I'm a rabbi. Plenty of Orthodox Jews work as stock brokers and lawyers without converting people. If you're a math teacher, you focus on the math. It's not my job to chase people and make them Jewish." Meanwhile Reform Rabbi Allan Tuffs, a critic of the school and a strong supporter of church-state separation, says that the school is being marketed through Chabad Lubavitch congregations as providing the equivalent of a Jewish day school education.

3rd Circuit Defines "Substantial Burden" Under RLUIPA

In Washington v. Klem, (3d Cir., Aug. 2, 2007), the U.S. 3rd Circuit Court of Appeals settled on a definition of "substantial burden" under the Religious Land Use and Institutionalized Persons Act. It held: "For the purposes of RLUIPA, a substantial burden exists where: 1) a follower is forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one of the precepts of his religion in order to receive a benefit; OR 2) the government puts substantial pressure on an adherent to substantially modify his behavior and to violate his beliefs."

Inmate Henry Washington's religion requires him to read four Afro-centric books each day. The court found that prison authorities substantially burdened Washington's religious exercise by limiting him to having 10 books at any time in his cell. Further, the state failed to show how its policy furthers its interest in safety and health of prisoners and staff.

Alabama School Sued On Behalf of Good News Clubs

In Alabama yesterday, Liberty Counsel filed suit against the Gadsden City School District for its refusal to permit Good News Clubs to meet on school premises. Liberty Counsel says that School Superintendent Rob Russell refused to respond to letters, telephone calls and e-mails seeking a meeting about use of school facilities on an equal basis with other groups. Good News Clubs hold meetings after school for elementary school children and teach them Bible lessons, character development, interpersonal skills and moral values.

Distant Heir To British Throne Will Be Disqualified After Marrying Catholic

Peter Phillips, grandson of Queen Elizabeth and tenth in line to the throne, will be required to renounce his unlikely possibility of becoming king of England now that he has announced his engagement to Autumn Kelly, who was baptized in 1978 as a Roman Catholic. Yesterday's Times Online reports that even if Miss Kelly does not in fact practice her religion, Phillips' marriage to her will disqualify him under the 1701 Act of Settlement that prohibits the monarch or heirs to the throne from marrying a Catholic. Tablet editor Catherine Pepinster said the Act of Settlement is "the last symbol of Britain’s anti-Catholic history". Phillips is the only son of Princess Anne. Currently he performs no royal duties and works for the Royal Bank of Scotland.

Florida County Changes Rules On Distributing Literature In Parks

Responding to a lawsuit filed last month (see prior posting), an Orange County, Florida park official filed an affidavit in federal district court indicating that park rules have been changed. The new rules no longer require county approval of literature before it may be distributed in parks. The affidavit also indicated that plaintiff, Shirley Snyder, is now free to distribute religious literature in public parks. In a release announcing these developments, Liberty Counsel said it was still moving ahead with its lawsuit because "the new policy does not undo the damage caused by the County's original literature ban".

UPDATE: On Aug. 28, the Orange County Board of Commissioners approved a settlement that includes payment of damages to Snyder in addition to its previous change in its park rules. Liberty Counsel says it will now drop the lawsuit.

Columnist Says Faith-Based Initiative Has Been Counter-Productive

An interesting op-ed by Christopher Ringwald, published today by Yahoo News, suggests that President bush's faith-based initiative has been counter-productive. Ring says:

[T]he [faith-based] campaign, ignored by Congress and challenged in court, has dropped off the White House talking points. After a brief mention in the 2006 State of the Union address, it was left out entirely this year.

The initiative did leave another legacy: It gave spirituality a bad name in social-service circles. Sad, since spiritual or religious beliefs and practices help millions of people recover from addiction, mental illness and criminality. Unlike other social services that provide a generic good, such as housing, rehab programs often invoke spirituality as the very means of recovery. But after six years of faith-based talk and funding by federal agencies, mental-health and addictions-treatment professionals are wary of spiritual interventions, which they associate with one religious brand: the conservative Christianity of Bush partisans. In reality, the spirituality of treatment and recovery ranges much more widely, from the Twelve Steps of Alcoholics Anonymous (AA) to meditation, group confession, or yoga.

Court Permits Pharmacist To Sue Employer For Religious Discrimination

In Vandersand v. Wal-Mart Stores, 2007 U.S. Dist. LEXIS 55250 (CD IL, July 31, 2007), an Illinois federal district court refused to dismiss a religious discrimination claim by a pharmacist against Wal-Mart. Pharmacist Ethan Vandersand claimed that Wal-Mart violated Title VII of the 1964 Civil Rights Act and Illinois' Right of Conscience Act when it placed him on unpaid leave after he refused to dispense emergency contraceptives. Wal-Mart claimed it was merely complying with a state regulation that requires pharmacies to dispense Emergency Contraceptives without delay. However, the court held that "it is unclear at this stage whether Wal-Mart could comply with the Rule, and still accommodate Vandersand's beliefs, without an undue hardship.... For example, another pharmacist at the Pharmacy might have been able to fill such prescriptions."

The court also held that that Illinois Right of Conscience Act that prohibits discrimination "against any person in any manner . . . because of such person's conscientious refusal to . . . perform, assist, . . . or participate in any way in any particular form of health care services contrary to his or her conscience" applies to pharmacists.

Government Dismisses Its Appeal Of Order Allowing Religious Postings In Workplace

After initially appealing the decision in Lister v. Defense Logistics Agency to the U.S. 6th Circuit Court of Appeals, the federal government voluntarily dismissed its appeal. (Dismissal order.) The dismissal leaves intact the holding by an Ohio federal district court that it is unconstitutional to prohibit items reflecting religious views from being posted on Notice Boards in the federal workplace. In its release announcing the dismissal, the Alliance Defense Fund explained that the controversy arose out of a federal employee's request "to post a flyer warning that donations made to a federal charitable contribution program may be used to support abortion, sexual promiscuity, homosexual behavior, and New Age mysticism."