Religious Schools In Britain Are Focus of Government Policies

Friday's Jewish Chronicle reports that the head of Britain's Charity Commission, Dame Suzi Leather, has indicated that she will give a narrow interpretation to a provision in Britain's Charities Act 2006. Under the new law, private religious schools will be required to show that their educational activities provide a "public benefit" in order to maintain their advantageous tax status. Leather said that "public benefit" will require that activities extend beyond “a narrow, exclusive group” and that they benefit those on low incomes. The Chronicle says that the "narrow group" test may threaten 45 ultra-Orthodox Jewish schools that only admit children who come from rigidly observant Jewish families.

Meanwhile, Britain's Department for Children, Schools and Families last week released a document titled Faith in the System. The document, a joint statement with Christian, Hindu, Jewish, Muslim and Sikh supporters of faith schools, seeks to increase understanding of the role of publicly-funded schools with a religious character.

7th Circuit Rejects Free Exercise Challenge To O'Hare Airport Expansion

Last week, the U.S. 7th Circuit Court of Appeals upheld an Illinois district court’s denial of a preliminary injunction in one of the numerous lawsuits that have been filed to prevent expansion of Chicago’s O’Hare Airport. At issue in this case are challenges to Chicago’s plans to take by eminent domain a cemetery belonging to St. John’s United Church of Christ. In St. John’s United Church of Christ v. City of Chicago, (7th Cir., Sept. 13, 2007), the court, in a 2-1 decision, rejected religious freedom and other claims growing out of the Church's belief that remains buried in the cemetery must not be disturbed until Jesus raises them on the day of Resurrection.

The Court found that no free exercise violation occurred when the Illinois legislature amended the state’s Religious Freedom Restoration Act to exclude from its provisions Chicago’s actions in relocating cemeteries or graves as part of carrying out the O’Hare expansion. The amendment was found both to be a neutral law of general applicability and to meet the strict scrutiny test. The Court also rejected challenges under the Equal Protection Clause and RLUIPA.

Judge Ripple, dissented, saying:

I believe that the amendments to the Illinois Religious Freedom Restoration Act … made in the O’Hare Modernization Act … violate the Free Exercise Clause, and, for that reason, must be subject to strict scrutiny. I further believe that there remain factual questions regarding whether the City of Chicago … has shown that the proposed modernization and expansion plan of O’Hare Airport is narrowly tailored to meet the compelling interest the City claims. These factual issues render dismissal inappropriate at this stage in the litigation.

Chicago Business and the Wayne (IL) Republican both report on the decision. (Also see prior posting.)

State Department's 2007 Report On International Religious Freedom Released

On Saturday, the State Department released its 2007 Report on International Religious Freedom (full text). Ambassador John V. Hanford III answered reporters' questions on the Report. He pointed out that the Department will not release its list of “countries of particular concern” until later this year.

In answer to a question about religious freedom in Iraq, Hanford said:

what we're dealing with in Iraq is really a security situation that makes it difficult for religious practice to occur in a normal way. The constitution of the new Iraqi Government actually provides rather robust guarantees, and this is something we're very pleased to see because it's a very good constitution for that region of the world. But religious minorities are vulnerable, sometimes due to their small numbers and lack of organization. For the most part, people are getting caught in the crossfire. In the case of these minorities, though, there have been cases where it's clear that certain groups have been targeted.

The real problem that we're dealing with is that with the sectarian violence, not necessarily focused upon religious practice, that at the same time religious practice winds up being affected.

Ohio Supreme Court Asked To Rule On Religious Evidence In Support Proceeding

Spero News reports on a petition for writs of prohibition and mandamus filed with the Ohio Supreme Court of Sept. 12 by Marie Macfarlane, a family law activist who has conducted a campaign against no-fault divorce. The petition in Macfarlane v. Tanner (full text) challenges a ruling made by a Cuyahoga County magistrate in a child support proceeding brought against Macfarlane by her former husband who was awarded custody of their four children. Magistrate James Tanner refused to permit Macfarlane introduce evidence that she and her husband agreed to follow the teachings of the Catholic Church in their relation to each other, including the belief that women should not be required to work outside the home. Tanner’s ruling said: “This court is constitutionally forbidden from evaluating the religious convictions of either party…. For this court's decision to be motivated by a conviction that either party's religious belief is in the best interest of the children would implicate the First Amendment of the United States Constitution and the Religious Freedom Provision of the Ohio Constitution.”

Cert. Filed In Faith-Based "Teen Ranch" Case

SCOTUS blog reports that a petition for certiorari (full text) has been filed with the U.S. Supreme Court in Teen Ranch v. Udow, (cert. filed 9/13/2007). In the case, the U.S.6th Circuit Court of Appeals upheld Michigan's decision to cut off placement of abused, neglected and delinquent children with Teen Ranch, finding its program coerces religious participation by the youths by failing to give them a true private choice to opt out of religious activities.

Hebrew Curriculum Finally OK'd For Florida Charter School

Hollywood, Florida’s Broward School Board finally approved the Hebrew language curriculum of the Ben Gamla charter school, according to the Sept. 12 Miami Herald. Church-state issues have dogged the school’s attempt to become the first Hebrew-English dual language charter school in the nation. (See prior posting.) After raising questions about the school’s curriculum, the Board hired a consultant, religious studies professor Nathan Katz. Now Katz has reported back that “this new proposed curriculum is thoroughly within the acceptable boundaries for public education and in no way constitutes advocating or promoting religion.”

Presidential Greetings On Beginning of Ramadan

The Muslim holy month of Ramadan began Sept. 12. On that day, the White House released a Presidential Statement sending greetings to Muslims in the U.S. and around the world who are observing the month of fasting and prayer. The statement said in part: “America is a land of many faiths, and our society is enriched by our Muslim citizens. May the holy days of Ramadan remind us all to seek a culture of compassion and serve others in charity.”

Ohio Inspector General Reports On Governor's Faith-Based Office

In March, Ohio's new Democratic Governor Ted Strickland asked the state's Inspector General to investigate the administration of the Governor's Office of Faith Based and Community Initiatives (GOFBCI), and particularly its contract with We Care America (WCA) to administer grants. (See prior posting.) The Inspector General's Report was released on Sept. 12. It found no evidence that the selection of WCA was the result of any political pressure or improper influence. However it did conclude that GOFBCI should have done a better job of monitoring WCA's activities and of reviewing the invoices WCA submitted. An audit disclosed overcharges and improperly documented costs. Melissa Rogers blog has covered this story closely and has more on the release of the report.

India's Archeological Agency Creates Religious Stir In Supreme Court Affidavit

An affidavit filed last Wednesday by the Archaeological Survey of India (ASI) in a case pending before India’s Supreme Court has stirred up a religious controversy, according to reports by the Canadian Press, Reuters and the Times of India. At issue is a challenge to the government’s plans to dredge a shipping canal between India and Sri Lanka in order to reduce sailing time between India’s coasts by 30 hours. However, the channel goes through limestone shoals known as Adam’s Bridge or Ram’s Bridge that Hindus believe were built by the God King Rama.

Defending the project in the court challenge against it, ASI’s affidavit said that the shoals were the result of "several millennia of wave action and sedimentation" and "the issue cannot be viewed solely relying on the contents of mythological text." It added that there is no historical evidence to prove the "existence of the characters or occurrence of events" in Ramayana (the epic tale of Rama). Quickly, a leader of the Hindu BJP party charged that the language in the affidavit was "an insult to millions of Hindus all over the world."

By Saturday the government had agreed to withdraw the controversial parts of the ASI affidavit. Culture Minister Ambika Soni suspended two officials over the matter and offered her own resignation. Meanwhile BJP leader L.K. Advani said the affidavit amounts to blasphemy that is punishable under Sec. 295 of the Indian Penal Code as a defilement that insults the Hindu religion.

"Equal Access" For High School Groups Under Federal Law Interpreted

In ALIVE v. Farmington Public Schools, 2007 U.S. Dist. LEXIS 65326 (ED MI, Sept. 5, 2007), a Michigan federal district judge granted a permanent injunction to a Christian student group in a case that interprets what is meant by “equal access” under the federal Equal Access Act and under Michigan's similar law. The court found that ALIVE is entitled to all the privileges granted by Farmington High School to any other student group, including meeting under the same terms and conditions as other noncurriculum-related groups; advertising its meetings over the public address system, internal TV network and on bulletin boards; listings on the school’s website and in its yearbook; and use of photocopying machines. LifeSiteNews reported on the case on Sept. 12.

Survey Shows Some Surprising Views on Religion and the Constitution

A survey released today by the First Amendment Center shows some surprising views held by Americans on First Amendment religious issues. (Press release; full survey results). 65% either mildly agree or strongly agree that the nation's Founders intended the United States to be a Christian nation. 55% mildly agree or strongly agree that the Constitution establishes a Christian nation. Only 56% 56% believe that the freedom to worship as one chooses extends to all religious groups, regardless of how extreme. 50% mildly or strongly agree that a public school teacher should be able to use the Bible as a factual text in a history or social studies class. Only 56% believe that freedom of worship applies to all religious groups, regardless of how extreme their beliefs are, while 28% say freedom of worship was never meant to apply to religious groups that a majority of the people consider extreme or on the fringe.

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.

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.