Despite those concerns, Minnesota Governor Tim Pawlenty began his remarks by reading from the Bible.Inside the conference, the official message was that government partnering with faith-based services can make America a better place. Unofficially, the message was apologetic and sometimes persecutive. Faith-based groups have been discriminated against in receiving grant money, many argued. The initiative is a way to "level the playing field."
Many presenters pointed to 'Minnesota Nice' as the ideal of the initiative, and the recent bridge collapse became a narrative for how faith-based groups and government can work together, particularly in Minnesota....Perhaps the most important part of the conference was teaching the attendees, as well as state officials, the legal responsibilities that faith-based groups face in accepting government funds.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, August 15, 2007
Report On White House Faith-Based Conference In Minneapolis
The Minnesota Monitor this week carried a two-part series (part 1, part 2) on the White House Conference on Faith-Based and Community Initiatives held last week in Minneapolis. Monitor reporter Andy Birkey reported that over 1000 people were in attendance. He summarized the atmosphere as follows:
Canadian University To Install Footbaths Without Controversy
In Canada, the University of British Columbia is planning to install foot baths in the men's and women's washrooms in the University's Brock Hall where a prayer room used by Muslim students is located. The decision seems to have been made without the controversies that similar decisions have generated in the United States. Vancouver's The Province yesterday quoted a university spokesperson who said: "It's no different from upgrading washrooms to accommodate transgender students or students with disabilities."
Role of Non-Profits In Election Campaigns Debated
Last week, the Hudson Institute sponsored a discussion between author Robert Egger and Georgetown University fellow Pablo Eisenberg titled Should Nonprofit Organizations Play an Active Role in Election Campaigns? A transcript of the discussion, an audio recording of it and opinion pieces from the participants that appeared in the Chronicle of Philanthropy are all available from a page on the Hudson Institute's website. Melissa Rogers has a long posting about the exchange on her blog, and BNA's Daily Report for Executives [subscription required] covered the discussion last Friday.
Here is Egger's provocative challenge:
Here is Egger's provocative challenge:
If most people have a choice between feeding a poor kid and fighting the reason the kids are poor, they’re going to opt, right now, historically, for the organization that feeds the kid. It's like the old line – and I forget which activist said it: When I fed the poor, they called me a saint. When I asked why they were poor, they called me a communist. That's to a certain extent what’s going on here. And I think that we have to challenge this. And I do want to be able to say, vote for Joe, or vote for Jane, openly.Eisenberg however thinks that there is plenty for non-profits to do without endorsing political candidates:
There are so many issues on which nonprofits ought to be speaking out and putting their muscle into that they're not doing. For example, how many nonprofits have had the guts to challenge foundations, corporate donors, and United Ways throughout the country on the pattern of their giving, which has in fact neglected poor people, has refused to find advocacy, and has supported primarily established organizations. You can almost count the number of nonprofits on the fingers of both hands.... How many nonprofits have attacked the excesses of corporate America? .... They should focus on those issues and not try to get involved in politics, which at the same time would endanger their tax status.
Czech Official Suggests State Funding of Catholic Church End
In the Czech Republic, Government Legislative Council head Cyril Svoboda has suggested that the Catholic Church become independent of the government by all Catholics sending 1% of their monthly income to the Church. The Prague Daily Monitor yesterday said that the proposal does not reflect the official position of the Christian Democrat party leadership.
Tuesday, August 14, 2007
Tax Fraud Indictment Against Evangelist Dismissed For Prosecutorial Misconduct
In United States v. Cerullo, 2007 U.S. Dist. LEXIS 58142 (SD CA, Aug. 8, 2007), a San Diego, California federal district judge dismissed a tax evasion indictment against evangelist Morris Cerullo on the grounds of prosecutorial misconduct that misled the grand jury. The court found: "During the prosecutor's presentation, the grand jury asked at least three times about how to differentiate between earned income and gifts. Each time the prosecutor answered without mentioning the most critical factor: the donor's intent. And each time he told the grand jury to listen to the testimony of the Internal Revenue Service Agent." The testimony of the IRS agents however was incorrect and misleading. The court went on to say:
this case illustrates the specter of a federal tax prosecution that faces every clergyman, minister, rabbi, and cleric who receives money after delivering a sermon. Such tax cases must be considered by government prosecutors with great care lest the Government trench on rights afforded by the Free Exercise Clause and convert that which is a guaranteed liberty into a federal crime. In this case, the prosecutor did not exercise that necessary care before the grand jury. Consequently, the grand jury was misled on the law, was unable to correctly adjudge the evidence, and no longer operated as an independent body and buffer between the Government and the Defendant.Today's San Diego Union-Tribune reports on the decision.
Buddhists Illegally Release Reptiles Into New Jersey River
Officials of the New Jersey Division of Fish & Wildlife are working with New York authorities to track down members from a New York sect of Amitabha Buddhists who released hundreds of live reptiles into the Passaic River on Sunday. The Buddhists are devout vegetarians who purchased the animals in New York's Chinatown in order to allow them to complete their natural life cycles and realize "their full karmic potential". NorthJersey.com reports that stocking fish or other species into the river without a permit can lead to a civil fine of up to $1000.
Kinghts of Columbus Will Shun Politicians Who Do Not Support Pro-Life Stance
LifeSite News reports that at its annual convention last week, the Knights of Columbus passed a resolution broadly reaffirming its pro-life stance, including its "long-standing policy of not inviting to any Knights of Columbus event, persons, especially public officials or candidates for public office, who do not support the legal protection of unborn children, or who advocate for the legalization of assisted suicide or euthanasia." The Resolution on Building a Culture of Life (full text) also said that candidates or public officials who do not have a pro-life agenda cannot use KofC facilities and will not be invited to serve as honorary chairpersons of KofC events or committees. The resolution also supported the Catholic Church's traditional teaching in opposition to the death penalty.
British Catholic School Cannot Fire Headteacher Who Entered Civil Union
Articles today in London's Daily Telegraph and yesterday in Britain's Pink News report that lawyers for the Catholic Archdiocese of Liverpool have advised it that it cannot legally fire Charles Coyne, the head of St. Cecilia's primary school, who has entered into a same-sex civil union with a man who is believed to also teach at another school nearby. The archdiocese said that Coyne's personal life had not interfered with his management of the school. Britain's Employment Equality (Sexual Orientation) Regulations provide only narrow exemptions for some religious positions outside the clergy. (See prior related posting.)
ACLU Sues Louisiana Over Unrerstricted Earmarks For Two Churches
An unusual earmarking of funds for two churches-- with no explanation of the purpose for which the funds are being granted-- has led the ACLU of Louisiana to bring suit against Louisiana's governor and state treasurer seeking a declaration that the state's budget bill (House Bill 1) violates the Establishment Clause and an injunction to prevent payment of the funds or obtain their return. (Full text of complaint.) In its press release and its Memorandum in Support of Its Motion the ACLU said that disclosure of the grants of $100,000 to Stonewall Baptist Church in Bossier City and $20,000 to Shreveport Christian Church came as a result of legislative reforms that require earmarks to be specifically listed. No restrictions are placed by the legislation on permissible use of the grants. The legislator who sponsored the earmarks did not respond to the ACLU's request for additional information about them.
San Diego Diocese Risks Dismissal of Its Bankruptcy Case After Misrepresentations
In the Chapter 11 bankruptcy proceedings of the Diocese of San Diego, a California federal district judge on Friday issued an order described by the San Diego Union-Tribune as "rare and blistering". In the order (full text), Judge Louise DeCarl Adler orders the parties to show cause why the bankruptcy proceedings should not be dismissed in light of a July 30 report by court-appointed expert R. Todd Neilson. The report concludes that (1) some parishes are hiding assets and not depositing cash with the Diocese, (2) the Diocese has failed to properly account for all its land and fully disclose its bank accounts, (3) the Diocese has reported its assets at assessed valuation instead of fair market value, and (4) the Diocese failed to disclose material facts about its cash management system. Meanwhile, a federal mediator is working this week with the Diocese and attorneys for abuse victims to attempt to reach a settlement in some 150 pending claims. The report was ordered in April after Judge Adler threatened the Diocese with contempt for misrepresentations and shifting of assets. (See prior posting.) [Thanks to Rachel Steamer for the lead.]
NJ Church Group Sues To Prevent Order To Open Its Facilities For Civil Unions
In New Jersey, the Ocean Grove Camp Meeting Association (OCGMA) filed suit last Saturday in federal court to prevent the New Jersey Division on Civil Rights from ordering it to open its Boardwalk Pavilion for use by a lesbian couple wishing to enter a civil union. The Pavilion, which is used for religious services and other activities, is also available for wedding ceremonies. OCGMA is affiliated with the United Methodist Church, whose doctrines specifically prohibit civil unions. Announcing the litigation, a release by the Alliance Defense Fund explains the state is investigating a complaint that contends the facility should be classified as a "public accommodation" subject to the state's anti-discrimination law. The lawsuit in Ocean Grove Camp Meeting Association of the United Methodist Church v. Vespa-Papaleo (full text of complaint) seeks a declaratory judgment and an injunction to insure that the New Jersey Law Against Discrimination is not applied in a way that prevents OCGMA from using its buildings only for purposes consistent with its religious beliefs. the complaint asserts that OCGMA's First Amendment rights have been violated by subjecting it to an investigation and threat of prosecution.
UPDATE: Today's New York Times reports on the lawsuit, saying that the Boardwalk Pavilion is viewed by many as a public facility because it is regularly used for rest or shade by members of the public. The Times also reports that OCGMA has stopped using the Pavilion for weddings in order to avoid the kinds conflicts that are presented in this lawsuit.
UPDATE: Today's New York Times reports on the lawsuit, saying that the Boardwalk Pavilion is viewed by many as a public facility because it is regularly used for rest or shade by members of the public. The Times also reports that OCGMA has stopped using the Pavilion for weddings in order to avoid the kinds conflicts that are presented in this lawsuit.
Justice Department Settles Religious Discrimination Suit Against Florida County
The U.S. Department of Justice yesterday announced that it had reached agreement with Palm Beach County, Florida in connection with a complaint that the county had refused to reasonably accommodate a park ranger's request that his work schedule permit him to attend church and refrain from work on Sundays. The agreement to reinstate the ranger, who resigned after accommodations were refused, will be incorporated into a consent decree in a Title VII religious discrimination lawsuit filed by the Justice Department in a Florida federal district court. The agreement also provides for back pay and retroactive pension contributions for the ranger, and for enforcement and training so that the county's existing religious accommodation policy is properly enforced.
Monday, August 13, 2007
Florida Defendant Will Dress As Satanist At His Murder Trial
In Florida, an accused murderer defending himself has been permitted by a Miami-Dade County judge to wear a Satanic outfit-- all black with a cap and special jewelry-- in court today as jury selection begins for his murder trial. Today's Miami Herald says that defendant Lazaro Galindo argues that the First Amendment gives him the right to wear the outfit that is related to his religion.
UPDATE: The Miami Herald reported that just before he began picking a jury on Monday, defendant Lazaro Galindo told the judge that he had found God and would not wear his Satanic garb in court.
UPDATE: The Miami Herald reported that just before he began picking a jury on Monday, defendant Lazaro Galindo told the judge that he had found God and would not wear his Satanic garb in court.
Egypt To Stengthen Penalties Against Female Circumcision
MedIndia reports that Egyptian authorities plan to introduce legislation this fall to strengthen penalties against female circumcision after a 13-year old died while undergoing the procedure. The International Herald Tribune said that this is the second such death within the last two months. After the first death, Egypt's health minister banned all members of the medical professions from performing the procedure, currently punishable by up to 3 years in prison. Egyptian religious leaders have begun to speak out against the practice which many Egyptian Muslims and Christians think is religiously mandated.
Church Says Zoning Forcing Social Service Clients Into Church Violates RLUIPA
Yesterday's Washington Post reports that in Calvert County, Maryland-- generally seen as part of the Bible Belt-- the Chesapeake Church has filed an interesting RLUIPA claim against county officials. At issue is a food pantry and counseling center next to the church building. The county wants the church to close a driveway entrance from an adjacent highway to the social service areas. The church says this will essentially require it to integrate the counseling center and food pantry with the church-- forcing those who have different religious beliefs to go through the church itself to gain access to food or counseling. That will likely drive away social service clients with different religious beliefs. The church, however, has complicated its burden by refusing to file a site plan at all-- saying that the Planning Commission will likely not overrule the recommendation of its staff that the driveway be closed. Instead the Church sued in federal district court in Greenbelt, Maryland. The Church's website has an FAQ page regarding the lawsuit.
High Execution Rate In Texas Attributed To Conservative Christian Influence
A Reuters article yesterday focuses on the large number of executions carried out by the Texas penal system-- almost 400 so far this year. It attributes this emphasis on capital punishment in large part to "the influence of the state's conservative evangelical Christians." SMU political science Professor Matthew Wilson says: "A lot of evangelical Protestants not only believe that capital punishment is permissible but that it is demanded by God. And they see sanction for that in the Old Testament especially."
Indonesians Rally In Support of Caliphate
In Jakarta, Indonesia on Sunday, some 80,000 people attended a rally in support of re-establishing the Islamic Caliphate. Today's CNS News reports on the gathering, organized by the Sunni organization, Hizb ut-Tahrir (Party of Liberation). More mainstream Muslim leaders in Indonesia reject the call for recreating a single Islamic state. Government authorities at Indonesian airports denied entry to a British and and Australian supporter who were to speak at the rally.
Sunday, August 12, 2007
Thailand's Queen Calms Protests Over New Constitution
Sirikit, Queen of Thailand, seems to have calmed the protests over the country's proposed new Constitution that does not recognize Buddhism as the country's official religion. NNN-TNA today reports that the queen, in an address marking her 75th birthday, said that Buddhism should be held in high esteem as a guiding light for all Thais, but that the religion should not be mixed with politics. Following this pronouncement, Gen. Thongchai Kua-sakul, chairman of the Buddhist Organisation of Thailand, said his organization would not organize additional protests even if next Sunday's national referendum approves the new constitution. (See prior related posting.)
Recent Articles and Book on Law and Religion
From SSRN:
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)
Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).
From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).
Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).
Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).
Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).
Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).
Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).
Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).
Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)
Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).
From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).
Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).
Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).
Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).
Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).
Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).
Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).
Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.
Saturday, August 11, 2007
ECUSA and Virginia Diocese Enjoy Initial Win In Property Dispute
Episcopal News Service reports that yesterday in Fairfax, Virginia, a state Circuit Court judge gave a preliminary victory to the Episcopal Church and the Diocese of Virginia in their suits against eleven break-away congregations. (See prior postings 1, 2, 3.) The court rejected motions made by the individual congregations to prevent the court from considering the Episcopal Church’s Constitution and Canons in resolving the property dispute between the parties. Those documents provide that congregational property is held in trust for the diocese and the Church.
Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.
Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.
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