Religion Clause

Wednesday, September 05, 2007

Churches Continue To Clash With Communities Over Construction

Expansion of church facilities continue to create zoning clashes in various communities. The San Antonio Express-News today reports on the settlement of a long-running lawsuit between Castle Hills First Baptist Church and the city of Castle Hills, Texas that will permit the church to build softball and soccer fields, restroom, a pavilion and lighting on formerly residential lots across from the church. The settlement still needs court approval.

Meanwhile in Topeka, Kansas, environmentalists continue to oppose the construction of a parking lot by Grace Episcopal Cathedral, after the church cut down large trees to make way for the project. Today's Topeka Capital-Journal reports that parking lot opponents say that the entire church site is listed on the Register of Kansas Historic Places and that historic preservation requirements apply to vegetation on the land as well as buildings. Friends of Bethany Place filed suit, but most of the trees were cut down before the court issued a temporary restraining order. The church says that the preservationist group lacks standing, and that the church's free exercise rights entitle it to use its property to fulfill its Christian mission.

Hindu Group In UK Says Church Ban On Yoga Classes Violates Equality Law

The United Kingdom's Hindu Council has issued a press release yesterday questioning the ban imposed by two British churches on renting out space in their buildings for yoga classes. Reverend Tim Jones, Vicar of St James' and The Reverend Simon Farrar of the Silver Street Baptist Church argued that yoga is a "sham", a "false philosophy" and "unchristian". The Hindu Council-- saying those comments amount to a charge that Hinduism is a false religion-- is considering filing a complaint with the Commission for Equality and Human Rights claiming that the ban violates provisions in the Equality Act 2006 that prohibit religious discrimination in providing goods, facilities and services.

Article Profiles ACLJ and Its Leader, Jay Sekulow

Yesterday's Chicago Tribune features an article on the American Center for Law and Justice and its chief counsel Jay Sekulow. Describing ACLJ as "the conservative mirror image of the American Civil Liberties Union", it says the organization, founded by Pat Robertson, "has led the way in transforming the complaints of the religious right from raucous protests on the courthouse steps to polished presentations inside the highest courts in the land." The article describes Sekulow as: "a distinctive figure in the Christian legal fold, not just because he is a sharp legal strategist who eschews emotional or religious arguments but because he is a Brooklyn-born Jewish convert to Christianity, or a 'Messianic Jew,' as he puts it."

Tuesday, September 04, 2007

Islamic Society's Annual Convention Included Government Agencies

The Islamic Society of North America held its annual convention in suburban Chicago over Labor Day weekend. Speeches and exhibit booths by various federal officials and agencies provoked criticism from some sources. Melissa Rogers has a posting today that reviews these and other aspects of the 4-day meeting. The convention included a major address by Rabbi Eric H. Yoffie, president of the Union for Reform Judaism.

Sarkozy Wants French Schools To Teach About World's Religions

France's President Nicolas Sarkozy in a speech today said that there is a place for discussion of religion in French public schools, even though the country's Enlightenment values and secularism were critical to prevent religious confrontation . Christian Today quoted Sarkozy, who said: "The origins of the great religions, their visions of mankind and the world should be studied ... (in the spirit) of a sociological, cultural, historical analysis which would allow a better understanding of the fact of religion."

Belgian Prosecutor Wants To Indict Scientology On Fraud Charges

In Belgium, investigating prosecutor Jean-Claude Van Espen has recommended that 12 people connected with the Church of Scientology be indicted on charges of fraud and extortion. The AP today says that the recommendation follows a 10-year investigation into the U.S.-based group. Van Espen also recommended that Scientology be labeled a criminal organization, and concluded that its European office and its Belgian missions unlawfully practiced medicine, violated privacy laws and used illegal business contracts. It is now up to an administrative court to decide whether to proceed with the charges.

UPDATE: In response to a question, a U.S. State Department spokesman said on Tuesday: "If Belgian authorities have evidence that individuals violated Belgian law, they should take appropriate legal steps, consistent with Belgium's international obligations to protect freedom of thought, conscience, and religion. We would, however, oppose any effort to stigmatize an entire group based solely upon religious beliefs...."

Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine

Anderson v. Matthews, 2007 Tex. App. LEXIS 7081 (14th TX Ct. App., Aug. 30, 2007), involved a dispute between various members of Houston's Missionary Baptist Church. A Texas state appellate court affirmed the dismissal of the case on the basis of the ecclesiastical abstention doctrine. It held: Although stated in terms of contract and tort claims, failure to abide by church bylaws, and various other legal 'emblemata,' the gravamen of the Members' complaint involves their dissatisfaction with Matthews's performance as pastor of New Birth and their desire to remove him from the pulpit, which is an ecclesiastical matter."

Recent Prisoner Free Exercise Cases

In a lengthy opinion after remand from the 4th Circuit Court of Appeals, in Lovelace v. Lee, 2007 U.S. Dist. LEXIS 62522 (WD VA, Aug. 24, 2007), a Virginia federal district court rejected free exercise and RLUIPA challenges to the Ramadan observance policy of the Keen Mountain Correctional Center. The challenged policy removed prisoners from the Ramadan program if they were observed taking meals during Ramadan from the regular diet line at regular mealtimes. Originally those removed were also unable to participate in group religious services, but changes in policy cured that by scheduling weekly Nation of Islam services-- both live and by video-- so that they were available during Ramadan. The court called on prison authorities to submit evidence that due process concerns over proper identification of inmates removed from the Ramadan program had been met.

In Saif'ullah v. Padaoan, 2007 U.S. Dist. LEXIS 62673 (ED CA, Aug. 24, 2007), a California federal Magistrate Judge recommended that plaintiff be permitted to move ahead with his claim that his free exercise rights were violated when rules regarding inmate work schedules were enforced to prevent plaintiff from attending Muslim religious services. However, the Magistrate Judge recommended summary judgment be granted for plaintiffs on claims regarding refusal to permit prayers in the day room prior to 5:30 a.m., and on disagreements regarding interpretation of Islamic religious doctrine.

In Bess v. Alameida, 2007 U.S. Dist. LEXIS 63871 (ED CA, Aug. 29, 2007), a prisoner challenged prison rules restricting the amount of religious material that inmates of a California state prison could receive by mail. A California federal Magistrate Judge recommended that the claim for an injunction be dismissed because changes in regulations made the complaint moot, but that other free exercise, RLUIPA and equal protection claims be permitted to move ahead. The Magistrate Judge held that since the prison's policy applied only to religious publications, it was an impermissible content-based regulation.

In Auleta v. Goord, 2007 U.S. Dist. LEXIS 63549 (ND NY, Aug. 28, 2007), a New York federal district judge found that a Wiccan prisoner failed to demonstrate that the exercise of his religion was substantially burdened by the denial of the tarot cards, a prohibition on in-cell burning, or alleged deficiencies in the holy day calendar.

Monday, September 03, 2007

Louisiana School Board Prayer Suit Finally Dismissed

The Advocate today reports that on August 22, a Louisiana federal district judge formally dismissed the ACLU's suit against Tangipahoa Parish School Board as she was ordered to do by the U.S. 5th Circuit Court of Appeals. (See prior posting.) Plaintiffs lost their challenge to school board invocations on standing grounds. This leaves the school board free to implement the new prayer policy that it adopted last month.

Conference Urges Malaysia To Appoint Women To Syariah Court

Bernama reports that a government-organized conference on Muslim Women in the Midst of Change that concluded yesterday in Kuala Lumpur is urging Malaysian authorities to appoint women as Lower Syariah Court judges. The National Fatwa Council decided in April that it was permissible to appoint women, but so far this decision has not been implemented.

Athieist Leader Profiled

Yesterday's Contra Costa Times profiles Pacifica, California resident Jim Heldberg, founder of San Francisco Atheists, and national affiliation director of American Atheists. Commenting on his affiliation efforts, Heldberg says: "The more the religious right takes over the government, the more people come to find us."

Local Indian Council Enforces Hindu Marriage Ban

An AP report from India on Saturday indicated that in the village of Oindh, the panchayat (local council) has enforced the Hindu ban on marrying within one's Gotra (assigned lineage or clan). Even though the marriage is not illegal under Indian civil law, the council took custody of a 10-day old baby of a couple from the same Gotra who married last year in Mumbai. The panchat ordered the couple to live separately and fined the husband 60,000 rupees that will be used to raise the couple's son.

Ontario Party Calls For Public Funding of Religious Schools

This week, Canada's Law Times reports that the platform of Ontario's Progressive Conservative Party calls for direct funding of the province's 100 private faith-based schools. Currently the only religious schools to receive government funding are Catholic ones. At an estimated cost of $400 million, proponents say this would integrate the province's diverse student body into the mainstream. (See prior related posting.)

Fiji Will Not Impose Sunday Closing Laws

Fiji's interim government says that it will not impose a Sunday closing requirement in the country despite a call by the Methodist church for a ban on commercial activities on Sundays and Christian holidays. FBCL News reports that Local Government Minister Jone Navakamocea said the country's Constitution protects the right to work on any day of the week.

Sunday, September 02, 2007

Canadian Court Permits Suit Against Jehovah's Witnesses To Proceed

On Friday, the Alberta Court of Appeals held that a father can proceed with his wrongful death lawsuit against the Watchtower Society and its elders for allegedly misrepresenting the nature of chemotherapy and blood transfusion treatment to his 17 year old daughter, telling her that they would not cure her leukemia. In Hughes (Estate) v. Brady, (Alb. Ct. App., Aug. 31, 2007), the court held that the Charter of Rights and Freedoms provisions protecting religious freedom do not protect the right to impose religious beliefs on third parties. Refusing to dismiss the claims at the pleading stage, the court said:

Whether religious views provide a defence to or justification for misrepresentations that cause bodily harm or death should only be decided on a full factual record. It is not "plain and obvious" that a sincerely held religious belief would be an answer to a claim where application of the religious doctrine is said to have caused a death. In any event, the pleadings will not require any examination of the "truth" of the respondents’ beliefs about blood transfusions.... The record indicates that the respondents are opposed to transfusions as a matter of faith, not because they are experimental or ineffective.... [O]bjective validity of the belief of the respondents that blood transfusions are prohibited by scripture is not an issue in this litigation ... even though the respondents may raise their sincerely held religious beliefs as a defence or justification.

Yesterday's Calgary Sun in additional background on the case says that the trial court last year had held that the allegations were merely an attack on Jehovah's Witness beliefs.

Sikh Charges Discrimination After JP Forces Him To Remove Turban In Court

On Friday, the ACLU of Texas announced that it had filed suit in state court under the Texas Religious Freedom Restoration Act on behalf of Amardeep Singh, a member of the Sikh faith. In June 2006 Singh appeared in the courtroom of Justice of the Peace Albert Cercone to defend a speeding ticket. The bailiff told Singh he would need to remove his turban. Singh says he tried to explain the religious significance of the turban, but was ignored. According to yesterday's Dallas News, Cercone says that Singh made no mention of his religious concerns. Cercone argues that the request was necessary for security reasons since Justice of the Peace courts do not have metal detectors. The complaint in the case is available online. Singh has also filed with the State Commission on Judicial Conduct.

Tibet Criticizes China's New Order On Buddhist Reincarnates

Tibet's government today issued a lengthy statement criticizing China's recent Order on Management Measures for the Reincarnation of 'Living Buddhas' in Tibetan Buddhism. Phayul reprints the statement issued by the Kalon for Religion and Culture of the Central Tibetan Administration. The statement says that China's Order is "replete with contradictory statements and wild claims ... [and] will serve as a big tool for the Chinese government to brutally repress the innocent Tibetans under their tyrannical rule...."

Salt Lake City's New Mayor Will Need To Deal Wtih "Religious Divide"

Anticipating November's election, today's Salt Lake Tribune says that the next mayor of Salt Lake City will need to deal with the city's "religious divide". Salt Lake has become increasingly non-Mormon. The LDS Church will be seeking various permits as it enters a $1 billion development of City Creek Center on the city's downtown mall. Other issues, such as reform of the city's liquor laws, also pose tensions. David Richard Keller, associate professor of philosophy at Utah Valley State College says: "The mayor has to try to lay down a fundamental assumption: Is Salt Lake City going to reflect LDS values, or is it going to be a pluralistic American city that welcomes some things that may not be consistent with LDS morality? "

Virginia City Gives Temporary Permit To Buddhist Monks

Virginia Beach, Virginia's City Council last week voted to give a temporary 12-month permit to a three Buddhist monks to continue to hold services in their home in a residential area on Sundays and on three Buddhist holidays-- with numbers limited to 20 on Sundays and 50 on holidays. Today's Hampton Road Pilot reports that in January master monk Thanh Cong Doan asked the city to allow the Buddhist Education Center of America Inc. to operate out of his home. Another proposal to build a 6,000 square foot pagoda on their front lawn was dropped after neighbors complained. The monks hope to use the next 12 months to convince neighbors that they should drop their complaints.