Indiana State Agency Ends Controversial Chaplaincy Program

The Associated Press reported yesterday that Indiana's Family and Social Services Administration (FSSA) has decided to end its new program of creating a network of volunteer clergy to work with its employees. Rev. Michael Latham, the Baptist minister who had been hired by the agency to implement the program, has been ill and recently went on disability leave. His job performance had become the subject of criticism. Also in May, the Freedom From Religion Foundation had filed suit challenging the constitutionality of using state funds to pay Latham's salary. (See prior posting.) The FSSA said that its decision to end the program was not a result of the pending litigation.

Canadian Company Settles Complaint On Muslim Cabbies and Guide Dogs

In the Canadian province of British Columbia, a taxi company has settled a complaint that had been filed with the B.C. Human Rights Tribunal by Bruce Gilmour, a blind man who was refused service in West Vancouver by a Muslim cab driver. Driver Behzad Saidy considered Gilmour's guide dog "unclean" under Muslim law. According to yesterday's Toronto Star, the taxi company agreed to pay $2500 in damages, and to adopt a policy that would require Muslim drivers refusing passengers for religious reasons to call for another cab and stay with the blind person and guide dog until that cab arrives.

Texas State School Board Offers Narrow Policy On Student Religious Speech

Earlier this year, the Texas legislature passed and the governor signed the Religious Viewpoint Anti-Discrimination Act that requires schools to establish "a limited public forum for student speakers at all school events at which a student is to publicly speak". The law goes on to set out a model policy that schools may adopt to meet the requirements of the law. (See prior posting.) However, today's Austin (TX) American-Statesman reports that the Texas Association of School Boards (TASB) has furnished its members with a different-- and narrower-- model policy that they could use to meet the requirements of the statute. Unlike the statutory model, the TASB policy does not require schools to have student speakers introduce football games and school announcements. More importantly, perhaps, the TASB policy says that public speech to which the new law applies is only speech in the student's own words-- and not speech that is first approved by school officials. Proponents of the law are concerned that schools adopting the TASB model could avoid the law's thrust by requiring all student remarks to first be approved by school officials.

Vermont Policy On Religious Vanity Plates Upheld Again

A Vermont federal Magistrate Judge has concluded that a challenge to the state Department of Motor Vehicles policy on vanity licence plates should be rejected. The policy prohibits the issuance of plates displaying religious references. Today's Rutland (VT) Herald says that the magistrate's report concluded that "The DMV has the right to prohibit religious messages on license plates provided it does not discriminate based on the particular message or viewpoint." Shawn Byrne, who applied for plates with the number "JN36TN" (referring to the biblical verse John 3:16), already lost his attempt to obtain a preliminary injunction when he first filed the case in 2005. (See prior posting.) Attorneys have until Aug. 27 to file objections to the recent Magistrate's report. Lawyer Jeremy Tedesco said Byrne will continue to press his claim that the state's policy amounts to unconstitutional discrimination against religious viewpoints.

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:

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.

Despite those concerns, Minnesota Governor Tim Pawlenty began his remarks by reading from the Bible.

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:

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.

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.

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.

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.

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."