Religion Clause

Wednesday, September 12, 2007

Presidential Greetings On Rosh Hashanah That Begins Tonight

Tonight begins the Jewish holiday of Rosh Hashanah. Last week, the White House issued a Presidential Message sending greetings form the President and Mrs. Bush to those around the world celebrating the holiday. It said in part: "The enduring traditions of Rosh Hashanah remind us of the deep values of faith and family that strengthen our Nation and help guide us each day."

6th Circuit Rejects Challenge To Admission Of Religious Journal Entries Into Evidence

In Varner v. Stovall, (6th Cir., Sept. 11, 2007), the U.S. 6th Circuit Court of Appeals rejected the Establishment Clause and Free Exercise claims raised by Janniss Varner who had been convicted of assault with intent to commit murder after she hired someone to shoot her abusive boyfriend. Varner objected to the trial court's decision to admit into evidence her journal entries that included prayers and acknowledgements that she had tried to kill her boyfriend.

The court rejected Varner's argument that Michigan's clergy-penitent privilege law "improperly favors religions that encourage their members to seek guidance through intermediaries, such as a pastor or priest, over faiths that have no such tradition." It also held that the limitation of the privilege to communications addressed to a spiritual counselor did not restrict Varner's ability to practice her religion. The court held that "Michigan's privilege rules do not discriminate between denominations but distinguish between the methods of communication that the individual--any individual of any faith or no faith--chooses to pursue."

Belfast High Court Upholds Equality Law, But Not Harassment Provisions

In Application for Judicial Review by the Christian Institute, et. al., (No. Ireland High Ct, Sept. 11, 2007), Belfast's High Court has rejected a broad challenge to Northern Ireland's Equality Act (Sexual Orientation) Regulations, but did strike down the harassment provisions because of an absence of proper consultation before they were adopted. The court held that claims of interference with the right to manifest religious belief must be made in the context of particular applications of the rules, so that a court can balance justification for them with the interference involved. Finally the court rejected the argument that that the regulations treat evangelical Christians less favorably than others because they are subject to civil liability for expressing their religious beliefs about homosexuality. Reporting on the decision today, the London Telegraph says the decision will have widespread importance because the government has begun consultations on whether to include harassment prohibitions in the proposed Single Equality Bill that would apply to the rest of Britain.

Indian Judge Issues Opinion Questioning Country's Secular Principles

In India, controversial Allahabad High Court Justice S.N. Srivastava has provoked widespread criticism by including a sentence in a recent decision declaring: "it is the duty of every citizen of India under Article 51-a of the Constitution of India, irrespective of caste, creed or religion, to follow dharma [the right way of living] as propounded by the [Bhagvad] Gita." The judge's statement came in the context of a case in which a Varanasi priest challenged the sale of temple property by his brother. A broad spectrum of experts say that the statement is inconsistent with India's constitutional secularism. The controversial decision was handed down just days before the justice who authored it retired. Calcutta's Telegraph reported on the decision yesterday.

Canadian Court Delays Deportation So Man Can Complete Conversion

Canada's Federal Court last week issued a decision delaying implementation of a removal order against a Brazilian immigrant to Canada so that the deportee can complete his conversion from Christianity to Judaism while he is still in Canada. In Cichaczewski v. Minister of Citizenship & Immigration, (Fed. Ct., Sept. 4, 2007), the court cited Article 18 of the International Covenant on Civil and Political Rights that provides: "No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice." Today's National Post reports on the decision.

Chechen Leader Requires Women Civil Servants To Wear Islamic Headscarf

According to Reuters yesterday, Ramzan Kadyrov, president of Russia's Chechnya region, has decreed that women working for state institutions must wear the Muslim headscarf in order to retain their jobs. The order by the conservative Muslim leader appears to be contrary to Russian law that calls for separation of church and state, and equality of the sexes.

Settlement Reached By Episcopal Diocese and Syracuse Breakaway Congregation

On Aug. 28, a New York trial court approved a settlement in a lawsuit brought by the Episcopal Diocese of Central New York against the breakaway St. Andrews Episcopal Church in Syracuse. (See prior posting.) Under the settlement reported yesterday by Episcopal News Service, the diocese will be given title to the church property, but members of the breakaway church can use it rent-free for up to one year. More specifically:

The diocese will lease the building to the breakaway members at no charge for six months. The lease can be extended at their request on a month-to-month basis, for a maximum of six months if the court finds that the members have complied with all terms and conditions of the settlement, including making good-faith efforts to relocate. The breakaway members have to maintain the property and insure it, and they cannot remove any Episcopal symbols or signs.

At the end of the lease, the breakaway congregation will vacate the building and the former rector, Robert Hackendorf, will leave the rectory.

The members were also ordered to account for the parish's financial assets, which can later be transferred to any new church formed after the dissolution of St. Andrew's. The settlement says those assets amount to less than $50,000.

During the time that the building is being used by the members that changed their affiliation from ECUSA to the more conservative Anglican Mission in America, no Anglican bishop can visit or officiate there.

Tuesday, September 11, 2007

Intelligent Design Activist Loses California Challenge

In Caldwell v. Roseville Joint Union High School District, 2007 U.S. Dist. LEXIS 66318 (ED CA, Sept. 7, 2007), a California federal district court dismissed claims by intelligent design activist Larry Caldwell that he was unconstitutionally denied access to various forums to promote his "Quality Science Education" proposals. Caldwell alleged free speech, establishment clause, due process and equal protection violations because his proposals were not placed on the School Board's agenda, his complaints about the school district's biology textbook were rejected, and his proposals were not placed on the agenda of of the Curriculum Instruction Team in his daughter's and son's high school. In granting summary judgment to the school district, the court emphasized that "this case is not about whether a theory of intelligent design can or should be included in the science curriculum.... Rather, this case is about whether Larry Caldwell was denied access to speak in various fora or participate in certain processes because of his actual or perceived religious beliefs."

Bar Exam Taker Wants His Free Exercise Suit Dismissed

Law school graduate Stephen Dunn who challenged the February Massachusetts bar exam in federal court on Free Exercise grounds has now filed a motion asking the court to dismiss his lawsuit. (Full text of motion to dismiss.) Bay Windows reported yesterday on dthe most recent evelopments. Dunn's lawsuit (see prior posting) claimed that by asking him to answer an essay question on gay marriage, the bar examiners were calling on him to promote views that violate his religious beliefs. Dunn's motion to dismiss says that by excluding questions on gay marriage on the most recent bar exam, bar examiners have assured that future exam takers will not be forced to promote a "liberal ideology". However the state, in its response said:

Defendants wish to make clear that they have not agreed to limit the content of any future examination questions.… That Defendants elected not to ask the same questions ... merely reflects their standard practice of not repeating questions on successive bar examinations. Defendants maintain that the question to which Plaintiff objects was a legitimate question regarding the current state of law in the Commonwealth. The Board of Bar Examiners maintains its right to test bar applicants on that same subject matter in future examinations.

En Banc 9th Circuit Finds Juror's Bible Notes Did Not Impact Death Penalty Decision

In an en banc decision in Fields v. Brown, (9th Cir., Sept. 10, 2007), yesterday the U.S. 9th Circuit Court of Appeals in a 9-6 decision agreed with a 2005 decision of a 3-judge panel upholding the death sentence of Stevie Lamar Fields, who has been on death row since 1979. The majority held that the jury foreman's notes setting out Biblical arguments for and against the death penalty had no substantial effect on the jury's decision, so the court need not decide if the bringing of this extraneous material into the jury room amounted to juror misconduct. Two dissenting opinions were filed, each on behalf of three judges. Both strongly challenged the majority's statement that the Biblical quotations were merely "notions of general currency that
inform the moral judgment that capital-case jurors are called upon to make." The 99 pages of opinions involve other challenges to Fields sentence as well-- all of which were rejected. Today's Los Angeles Times reports on the decision.

American Legion Blasts 9th Circuit's Mojave Cross Decision

American Legion National Commander Marty Conatser has issued a strong statement criticizing the U.S. 9th Circuit Court of Appeals' recent decision in Buono v. Kempthorne. The 9th Circuit concluded that Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW did not eliminate an Establishment Clause violation. According to the Legion's press release, Conaster said:

This is one more prime example of wrong-headed political correctness and one more critical reason why the current Congress must pass the Public Expression of Religion Act.... Today it’s a memorial. Tomorrow, these same judges can order the removal of crosses on veterans gravestones, the dismissal of military chaplains and the closure of base chapels.

Roman Catholic Foundation Files New Suit Against Univeristy of Wisconsin

Last May, a lawsuit brought against the University of Wisconsin (UW) by the Roman Catholic Foundation (RCF) was settled. In the settlement, UW agreed to recognize RCF and recommend funding for it, while RCF agreed it would not seek University funding for events requiring the direct control of ordained clergy. (See prior posting.) Yesterday, RCF filed a new lawsuit against the University. (ADF press release.) The complaint (full text) in Roman Catholic Foundation, U-W Madison, Inc. v. Planton, (WD WI, filed 9/10/2007) alleges that the University has:

refused to fund any religious expression of RCF because Defendants believed that doing so gave state funds to "the Church." ... Defendant ... told RCF that the [settlement] Agreement was inapplicable.... UW-Madison officials ... stated that they will not fund any of RCF’s religious expression that involves "worship," "prayer," and/or "proselytizing...." Essentially, Defendants assumed a line-item veto power—in direct contradiction of the Agreement—over RCF’s previously approved budgets. Defendants have not applied this same level of scrutiny to other student organizations at UW-Madison.

By treating RCF differently than other similarly situated student organizations, and announcing that RCF cannot receive segregated fee funding for religiously expressive activities, Defendants have repudiated the Agreement, [and] violated RCF’s constitutional rights for a second time in a year....

Yesterday's Rhinelander Daily News reports additional details of the lawsuit.

Focus on Family Cleared By IRS of Political Endorsement Charges

The AP reported yesterday that James Dobson has been cleared of charges that he used resources of Focus on the Family to endorse Republican political candidates in 2004. Citizens for Responsibility and Ethics in Washington and the Citizens Project complained that Dobson's actions were inconsistent with Focus on the Family's non-profit tax status. The IRS, however, apparently agreed that Dobson was not speaking for the non-profit pro-family Christian group in making his endorsements.

China Appoints Bishop Supported By Vatcan

The government of China appears to have taken a step toward improving relations with the Vatican. BBC News reports that China's state-controlled Catholic Church ordained Paul Xiao Zeijiang as assistant bishop in Guizhou province on Sunday. The first ordination since a June letter from Pope Benedict XVI calling for closer relations, this appointee reportedly had approval from both the Vatican and supporters of the Pope in China. In the past, unilateral appointments by China led to the excommunication of two bishop seen by the Vatican as illegally appointed.

Canadian Politicians Criticize Deference To Muslim Women In Vote ID Rules

Canada's Prime Minister Stephen Harper and other Canadian politicians are criticizing the decision by Marc Mayrand, head of Elections Canada, to permit Muslim women to be identified at the polls in upcoming Quebec elections without removing their full-face veil. (See prior posting.) Maynard said the women would be asked to voluntarily remove their face covering, but they cannot be required to do so under current law. They have the alternative of taking an oath and being identified by someone else. Parliament members critical of Maynard say they will press for an amendment to require voters to show their face for identification purposes. Some Canadian Muslim groups say the controversy has been blown out of proportion and that the small number of women who wear the niqab are used to removing it for identification purposes. These developments were reported yesterday by Jurist and by the Prince George Citizen.

Monday, September 10, 2007

More On Prison Chapel Library Book Limitations

A New York Times article today offers new details about the federal Bureau of Prisons restrictions on titles that are permitted in prison chapel libraries. The limitations are the subject of a pending lawsuit. (See prior posting.) The Times discloses that the titles selected by the Bureau of Prisons for inclusion are apparently far from balanced. 80 of the 120 permitted Jewish titles are from the same Orthodox publishing house. Wheaton College Professor Timothy Larsen says that the Christian materials "show a bias toward evangelical popularism and Calvinism" and do not include materials from early church fathers, liberal theologians and major Protestant denominations.

Indian Governor Vetoes Anti-Conversion Bill

The Governor of the Indian state of Chhattisgarh has refused to consent to an anti-conversion bill passed last year by the state assembly. IANS reports today that the Chhattisgarh Religious Freedom (Amendment) Act, 2006, would have required individuals to obtain approval from a district magistrate 30 days in advance of converting to another religion. The BJP that supported the bill argued that Christian missionaries were bribing poor tribals and low caste Hindus into changing their faith.

San Diego Diocese Reaches Settlement With Abuse Victims

On Friday, a settlement was reached in the sexual abuse claims of 144 people against the Catholic Diocese of San Diego. The San Diego Union-Tribune yesterday reported that the settlement will total $198.1 million. It also includes an agreement on release of documents regarding abusive priests and employees, and records of how the Church dealt with them. The agreement was mediated by a federal magistrate. The Diocese is in contentious bankruptcy reorganization proceedings. (See prior posting.)

Court Modifies Judgment Against Postal Service Prohibiting Proselytizing

A Connecticut federal district court has granted a motion by the U.S. Postal Service to amend a declaratory judgment and injunction issued in April prohibiting contract postal units from posting displays that involve religious proselytizing. (See prior posting.) In Cooper v. United States Postal Service, 2007 U.S. Dist. LEXIS 65507 (D CT, Aug. 28, 2007), the court limited its ruling to the contract postal unit operated by Sincerely Yours, Inc. (SYI), eliminating broader language applying to all other contract postal units as well. It also modified its injunction to more specifically indicate the proselytizing activities of SYI that are to be prohibited.