Connecticut Episcopal Diocese Sues Break-Away Parish

Another lawsuit joins the long list of those involving property disputes between break-away Episcopal congregations and their former Diocese. This time it is the Episcopal Diocese of Connecticut suing Trinity Episcopal Church in Bristol. In May, the parish affiliated with the conservative Anglican Church of Nigeria in a dispute over the ordination of an openly gay man as the Episcopal Bishop of New Hampshire. Yesterday's Hartford Courant reported the lawsuit claims that by doing so, Trinity's leaders gave up the right to control parish property. Trinity and five other parishes are already appealing a case they lost last year in which they challenged the Diocese's attempt at that time to remove their priests and take over parish property. [See prior posting.] [Thanks to Nick Uva for the lead.]

NYT Magazine Explores the Politics of God

This morning's New York Times Magazine carries a long cover story by Columbia University professor Mark Lilla titled The Politics of God. Here is an excerpt:

A little more than two centuries ago we began to believe that the West was on a one-way track toward modern secular democracy and that other societies, once placed on that track, would inevitably follow. Though this has not happened, we still maintain our implicit faith in a modernizing process and blame delays on extenuating circumstances like poverty or colonialism. This assumption shapes the way we see political theology, especially in its Islamic form — as an atavism requiring psychological or sociological analysis but not serious intellectual engagement. Islamists, even if they are learned professionals, appear to us primarily as frustrated, irrational representatives of frustrated, irrational societies, nothing more. We live, so to speak, on the other shore. When we observe those on the opposite bank, we are puzzled, since we have only a distant memory of what it was like to think as they do. We all face the same questions of political existence, yet their way of answering them has become alien to us. On one shore, political institutions are conceived in terms of divine authority and spiritual redemption; on the other they are not. And that, as Robert Frost might have put it, makes all the difference....

Even the most stable and successful democracies, with the most high-minded and civilized believers, have proved vulnerable to political messianism and its theological justification. If we can understand how that was possible in the advanced West, if we can hear political theology speaking in a more recognizable tongue, represented by people in familiar dress with familiar names, perhaps then we can remind ourselves how the world looks from its perspective.

Hindu Priest To Open California Senate Session

Later this month, a Hindu priest will deliver the opening prayer before the California state Senate. India-West reports that the invocation, scheduled for August 27, will be delivered by Rajan Zed, who last month became the first Hindu clergy member to deliver the invocation in the United States Senate. That milestone was accompanied by protests in the U.S. Senate Gallery by a group of conservative Christians. (See prior posting.) [Thanks to Alliance Alert for the lead.]

Court Dismisses Suit Over Expulsion of Student From Catholic School

In Connor v. Archdiocese of Philadelphia, (PA Super. Ct., Aug. 16,2007), a Pennsylvania state appellate court upheld the dismissal of claims alleging defamation and intentional infliction of emotional distress brought by the parents of a 7th grade Catholic school student who had been expelled from school. The claims grew out of a letter sent to other school parents by school personnel , allegedly falsely accusing their son of bringing a penknife to school. The trial court dismissed the claims under the First Amendment-based "deference rule" which denies civil courts jurisdiction over ecclesiastical issues. The appellate court agreed that "it is not within the purview of the courts of this Commonwealth, under the guise of a tort action, to review a decision to expel a student from a parochial school." It went on to say that, "if our civil courts may not review an action that challenges the legitimacy of a disciplinary decision of a parochial school, then, in like fashion, they may not review an action that challenges the dissemination of information regarding that decision, at the very least within the narrowly circumscribed limits of the parish community."

Indian State to Ban Non-Hindu Activities Near Temple

Bowing to the wishes of the board that administers the Sri Venkateswara Temple (see prior posting), the government of the Indian state of Andhra Pradesh has announced that it plans to impose a ban on non-Hindu religious activities in a 110 sq. km. area surrounding the shrine. Christian Today reported on Saturday that the Global Council of Indian Christians has asked the governor of the state not to approve the legislation imposing the ban. They fear the ban will be used to harass non-Hindu residents in the area. The law will also require federal government approval before it can go into effect.

UPDATE: Apparently this new legislation is in addition to legislation enacted in June that permits the Andhra Pradesh government to prohibit propagation of religion in places of worship other than the religion traditionally practiced there. That law, the Andhra Pradesh Propagation of Other Religions in the Places of Worship or Prayer (Prohibition) Ordinance, 2007 was implemented by Government Order 747 that applies the prohibtion to 20 Temples in the state. (Persecution Update India.) The Aug. 20 Times of India says that Christian groups will file suit in the High Court challenging the constitutionality of that Order, and arguing that it is being misapplied to also ban social work by non-Hinud groups in the 20 towns involved.

Utah Judge Interviews Candidates For FLDS Trust Advisors

In St. George, Utah on Friday, a state district judge held a hearing to interview eight individuals who have been nominated to serve on the advisory board for the United Effort Plan, the trust that holds the property of the Fundamentalist Church of latter Day Saints, formerly led by Warren Jeffs. The court took control of the trust in 2005 and appointed Bruce Wisan as special fiduciary to manage the trust’s $100 million in assets. Today’s Deseret Morning News and Salt Lake Tribune both report on the hearing and on the complexities involved in determinations the board will need to make in allocating businesses and homes to individuals who are or were FLDS members. (See prior related posting.)

NY Court Decides Standing Issues In Challenge To Yeshiva Housing

Last Tuesday, a New York State appellate court issued a complicated decision on various parties’ rights to bring suit to challenge an enactment by the Town of Ramapo that permitted the construction in residential areas of adult married-student housing for students attending Orthodox Jewish educational institutions in the town. Four villages located within the Town, as well as two residents of the Town, challenged the ordinance on various grounds.—including the procedures used in enacting the law, its compliance with the State Environmental Quality Review Act (SEQRA), and constitutional challenges based on alleged discrimination against unmarried students, on favoritism of one religious group and on alleged improper exercise of the Town’s police powers.

In In re Village of Chestnut Ridge v. Town of Ramapo, (App. Div., 2d Dept., Aug. 14, 2007), the court concluded that the Villages have standing to assert the environmental claims and claims regarding required reviews of the proposed zoning law. The individuals have standing to assert these, plus claims that the law was inconsistent with provisions on municipal home rule, that it was inconsistent with the Town’s comprehensive plan, and that its enactment exceeded the Town’s police powers. None of the parties have standing to raise the other constitutional claims being asserted.

Covering the decision, today’s Lower Hudson Journal News quoted Dennis Lynch, attorney for one of the developers involved, who said the appeals court decision "is a lawyer's delight because everyone can sue everybody."

Church Appeals RLUIPA Eminent Domain Decision

In Rocky Mount, North Carolina, Life United Pentecostal Church filed an appeal Friday of a trial court's decision that allows the Board of Education to take the church’s property through eminent domain. The church had invoked the federal Religious Land Use and Institutionalized Persons Act to prevent the taking. (See prior posting.) The Rocky Mount Telegram says that the parties, however, are scheduled to meet on Thursday to discuss the price that the Board is willing to pay for the land. The church wants $1.8 million. The Board says the land is worth $788,400.

11th Circuit Rejects Dismissal of Free Exercise Claim By MSW Student

The 11th Circuit Court of Appeals today issued an interesting split opinion in a First Amendment speech and free exercise case-- Watts v. Florida International University, (11th Cir., Aug. 17, 2007). The case arose when John Watts, a Master of Social Work student at Florida International, a state university, could not graduate because he had been terminated from participating in a required practicum in which he was enrolled at a private psychiatric hospital. His dismissal came after he advised a patient that she join a bereavement support group. When the patient asked where she could find such a group, Watts, noting that her record showed she was Catholic, indicated that "church" was one of the options. The hospital said that this was "inappropriate behavior related to patients, regarding religion."

The Court of Appeals upheld the lower court's dismissal of Watts free speech claim, finding that, under the Supreme Court decision in Connick v. Myers, the government as Watts' employer could dismiss him even though it was based on speech. He was not here speaking as a citizen on matters of public concern. The court assumed, without discussing the matter, that the Connick test does not apply to a dismissal of an employee for exercise of religious beliefs.

The majority (Carnes, J. with Hill, J. concurring in his opinion) then held that, at least on the pleadings, Watts stated a valid free exercise claim when his complaint alleged: "Mr. Watts' religious beliefs include the belief that a patient who professes a religion is entitled to be informed if the counselor is aware of a religious avenue within the patient's religion that will meet the appropriate therapy protocol for the patient. Mr. Watts' termination for his 'religious speech' evidences Defendants' intent to compel Mr. Watts to act contrary to his religious beliefs and constitutes a substantial burden on the exercise of his religious beliefs."

Judge Tjoflat dissenting argued that while Watts had adequately plead that his beliefs were sincere, he had not adequately plead that they were religious as opposed to philosophical or professional. The majority responded to this argument, saying that Supreme Court precedent indicates that Watts need only "plead that he believes his religion compels him to take the actions that resulted in his termination. He need not plead now, or present later, 'objective' evidence that his belief is of the type that a judge would generally consider to be religious in nature. Watts is not on the hook for our inability to understand his religious system." [Thanks to Joel L. Sogol via Religionlaw listserv for the lead.]

New British Law Could Impose Faith-Based Probation Programs

Britain's National Secular Society says that under the country's new Offender Management Act 2007, faith-based organizations will be among those that can be used to provide probation services in local communities in England and Wales. Under the new law, the National Offender Management Service (NOMS) can contract with private providers to offer service that can be made part of an offender's community service or release on license from prison. The public probation service will remain the only "lead provider" of services for the next three years, but after that, private providers, including faith-based ones, could be appointed as lead providers alone or as part of a consortium. Providers though will have to meet national standards, and offenders have an appeal to NOMS if they are unreasonably found in breach of their conditions of release.

NY Judge Orders Mosque Reopened While Dispute Is In Court

In Suffern, New York, a lawsuit has been filed in state court in an internal disagreement over finances and administration between factions in a local mosque. The board of Masjid Darul Ehsan had changed the locks on the mosque's doors, leading congregants to have to pray in the mosque's parking lot and in the village of Suffern's gazebo. After a hearing on Wednesday, Justice William Sherwood ordered the mosque be reopened for daily prayers under the leadership of Imam Mohammad Abdul Rehman Shah, who had been fired by the board earlier this month. However the order does not call for the mosque's summer school to be resumed. The lawsuit asks for an accounting of the mosque's income and expenditures, including the use that has been made of donations. The Lower Hudson Journal News yesterday reported on the developments, saying that another hearing in the case is scheduled for Sept. 14.

Court Rejects Mother's Demand For Christian Therapist In Custody Case

In Alameda County Social Service Agency v. K.H., (CA 1st Dist. Ct. App., Aug. 15, 2007), a California court of appeals rejected a mother's claim that her Free Exercise rights, as well as her statutory rights to "reasonable" reunification services, were infringed when a juvenile court failed to provide her with a Christian therapist after the mother's children were removed from her custody because of physical abuse. The court said: "Given mother’s varied and numerous objections to the referrals and her failure to attend her own appointments or to take her children to all of their appointments, the record supports a finding that this new request [for a Christian therapist] was nothing more than another tactic by mother to evade therapy...." The court said that her First Amendment argument "borders on the frivolous".

Turkmenistan Sentences Conscientious Objector To Jail

Forum18 reported this week that in Turkmenistan, a conscientious objector-- Suleiman Udaev-- who adheres to the Jehovah's Witness faith has been sentenced to 18 months in jail for evading military service. Last month, three other Jehovah's Witnesses received suspended sentences for refusing military service. Ten others have not at this point been prosecuted.

Cub Scout Working To Develop Native American Emblem

A Cub Scout who engages in special projects can be awarded a special emblem from his religious organization that he can wear on his scout uniform. Now a Clermont, Florida, Cub Scout is working to establish Scouting's first Native American religious emblem. Earlier this week, the AP reported that 9-year old Kinlichiinii John, along with his family and Navajo medicine men, are working on a design for the emblem and the guidelines for earning it. Religious emblems earned by scouts are issued by religious organizations, but must be approved by the Boy Scouts. At least 25 scouts must be members of the Native American church for the scouts to approve the emblem. [Thanks to Alliance Alert for the lead.]

Louisiana College Plans To Open a "Biblical Worldview" Law School

TheAdvocate reports today that Louisiana College in Pineville, LA, has announced that it plans to open a "biblical worldview" law school in 2009. The newspaper reports that:

[College president, Joe] Aguillard said the law school will "unashamedly embrace" the nation’s "biblical roots" but still prepare graduates to pass the bar exam and practice law in Louisiana or nationwide. "We teach our students to have a passion to change the world in the name of Christ," he said.

Some anti-Christian courts have improperly interpreted the U.S. Constitution on issues involving religious liberties and family values, Aguillard said....

Louisiana College requires all of its faculty to "accept Jesus Christ" and was the scene of protests over an alleged lack of academic freedom as the college became more fundamentalist and conservative in recent years....

[Thanks to Melissa Rogers for the lead.]

Military Stops Group from Sending Apocalyptic Video Game To US Troops

ABC News yesterday reported that the Department of Defense has stopped plans by a Christian evangelical group to send soldiers in Iraq a video game in which Christian believers fight the Antichrist in the Battle of Armageddon. (See prior posting.) Operation Straight Up, an evangelical group that offers faith-based entertainment to military families, had been planning to include the games in care packages to troops. Troy Lyndon, producer of the game "Left Behind: Eternal Forces" says the game encourages players to recruit believers instead of killing the forces of the Antichrist.

Christian Groups Proposing Code of Conduct For Seeking Converts

The Associated Press reported yesterday that the World Evangelical Alliance has endorsed a move initiated last year by the World Council of Churches (WCC) and the Vatican to create a common code of conduct to govern proselytizing. The move comes in response to increasing concern over Christian evangelization expressed by Muslim and Hindu adherents in various countries. The WCC said the code of conduct could be an "advocacy tool in discussions with governments considering anti-conversion laws".

Group Urges IRS To Investigate California Church For Political Endorsement

On Tuesday, Americans United for Separation of Church and State wrote the Internal Revenue Service (full text of letter) urging it to investigate a Buena Park, California church for possible violations of Internal Revenue Code provisions that prohibit non-profits from endorsing political candidates. (AU press release.) AU says that on August 11 Dr. Wiley S. Drake, pastor of the First Southern Baptist Church, issued a press release on church letterhead endorsing Republican presidential candidate Mike Huckabee, and urging other Southern Baptists to support him also. The endorsement was also broadcast on an August 13 Internet radio show.

Issues of Secularism Remain In Turkey's New Presidential Election

In Turkey, now that Prime Minister Recep Tayyip Erdogan has indicated that he will again nominate Foreign Minister Abdullah Gul for President, secular parties are again questioning whether the nomination is consistent with Turkey's tradition as a secular state. (See prior posting.) In Gul's previous run for President, much attention was focused on the fact that his wife wears an Islamic headscarf. Gul says that the country's constitution guarantees his wife the right to wear her religious symbol, and that he does not expect that this will become an issue with the Turkish military this time. Last time Gul ultimately withdrew and new Parliamentary elections were held. Yesterday, both Reuters and the Associated Press ran long articles on the background of the upcoming presidential selection by Parliament and the religious-secular clash posed by Gul's candidacy.

Woman Arrested After Disturbing Neighbors With Wicca Ritual

Waukesha, Wisconsin resident Brenna Barney, a practicing witch, told police they were infringing her free exercise of religion when they arrested her for disturbing her neighbors just after midnight on Tuesday. WISN-TV reports that Barney, engaging in a Wicca ritual marking the new moon, chanted and threw a doll into a bonfire she had lit. Barney, now out on bail, was charged with resisting arrest and disorderly conduct.