Court Says Halloween Decorations Are Secular Symbols

Rivera-Alicea v. Gonzalez-Galoffin, 2007 U.S. Dist. LEXIS 69905 (D PR, Sept. 20, 2007), involves claims by a secretary in Puerto Rico's Department of Justice that she was retaliated against for complaining that "pagan" office Halloween decorations offended her Pentecostal Christian religious beliefs. In rejecting plaintiff's Establishment Clause claim, the Puerto Rico federal district court held:

Halloween decorations, like valentines, Easter bunnies, and egg hunts are all secular displays and activities that neither convey religious messages nor constitute religious symbols. Halloween lost its religious and superstitious overtones long ago. It has become instead a commercial holiday enjoyed by communities in its many forms of entertainment.

The court also rejected plaintiff's Free Exercise claim and her claim under various provisions of Puerto Rican law. However the court permitted plaintiff to move ahead with her claim of retaliation under Title VII of the 1964 Civil Rights Act based on her allegations that various actions were taken against her because she filed a complaint with the EEOC over the Halloween decorations.

3rd Circuit Rejects Free Exercise Challenge To Giving Minor "Morning After" Pill

On Friday, the U.S. Third Circuit Court of Appeals rejected free exercise and parental rights claims against the City of Philadelphia's Health Department in a suit alleging that a health center acted unconstitutionally when it furnished a 16-year old girl emergency contraception without first notifying her parents or encouraging her to consult with them. In Anspach v. City of Philadelphia, (3d Cir., Sept. 21, 2007), the court rejected both parental rights and First Amendment claims. The suit, brought by both the parents and the girl, argued that the health center misled Melissa Anspach when a staffer told her that the morning-after pill would prevent her from getting pregnant, without informing her that it could prevent the implantation of a fertilized egg. Melissa's religious beliefs saw this as abortion.

The court rejected Melissa's free exercise claim, finding that she was not coerced by the government into taking the pills and that she does not allege she ever informed the clinic staff about her religious beliefs. It also rejected a free exercise claim by Melissa's parents, holding that the Constitution does not require the government to ensure that children abide by their parents' religious beliefs. Much of the court's 47-page opinion focuses on-- and rejects-- substantive due process claims that parental rights were infringed. The Baltimore Sun's news blog reported on the case on Friday.

Pennsylvaina Suit Claims Religious Discrimination In Marriage License Law

Represented by the ACLU, a Pennsylvania couple has filed a religious discrimination suit against the Allegheny County Register of Wills who refused to issue them a marriage license that would allow them to marry without a third party officiating. Yesterday's Pittsburgh Tribune-Review and today's Wilkes Barre Times Leader report the couple was told that only members of the Quaker and Baha'i faiths-- traditional religions that have no clergy-- are permitted to self-officiate. Pennsylvania law (23 Pa. Consol. Laws Sec. 1503(b)) provides that a marriage ceremony can be conducted by members of a religion without clergy "according to the rules and customs" of the religious group. Mary Jo Knelly and David Huggins-Daines, who want to have a ceremony similar to that of the Quakers, but secular in content, say this amounts to preferential treatment of one religion over another. However Register of Wills Solicitor Timothy E. Finnerty wrote them that under Pennsylvania law, "There is no provision for the individuals to officiate at their own marriage." (See prior related posting.)

UPDATE: On Thursday, federal judge Joy Flowers Conti granted a temporary restraining order, requiring Allegheny County to issue a marriage license to Knelly and Huggins-Daines. While the court did not make a final ruling on how Pennsylvania's law should be interpreted, Allegheny County said that in the future it would grant self-uniting marriage licenses without regard to religion. (Pittsburgh Post-Gazette, Sept. 28).

House Passes Bill With Funds Earmarked For Group Promoting Creationism

Yesterday's New Orleans Times-Picayune reports that the House has passed an sent to the Senate an appropriations bill containing a $100,000 earmark for a group promoting creationism to use "to develop a plan to promote better science education." Louisiana Senator David Vitter placed the earmark in the bill to benefit nonprofit Louisiana Family Forum, a group that has taken the lead in the state in promoting "origins science". The report authorized by the earmark will include an evaluation of a 2006 policy change by the Ouachita Parish School Board that permits teachers to introduce alternative theories to evolution in science classes. Two of Vitter's paid 2004 campaign staff are also employees of the Family Forum.

Hospital Chaplain Fired for Objecting To Gideons' Bible Distributions

Jews on First yesterday reported on the forced resignation of hospital chaplain Rev. Kay Myers by Salisbury, Maryland's Peninsula Regional Medical Center after she raised objections to Gideons going room-to-room delivering Christian Bibles to hospital patients. The Bibles contained only the New Testament and the book of Psalms. Not only was Myers, a Presbyterian minister, concerned about keeping the hospital's chaplaincy non-sectarian, but she also feared that giving the Gideons access violated patient privacy under HIPAA. In addition, the hospital's infection control department was concerned that the Bibles might harbor resistant organisms. Hospital CEO Alan Newberry told Myers that as Director of Pastoral Care, she should be taking the lead in placing Bibles in patient rooms.

Israel's Yom Kippur-Based Daylight Savings Time Shows Religious-Secular Split

Today's Chicago Tribune reports that in Israel, decisions about the date on which daylight savings time ends reflects the broader debate over the role of religion in public life. Two years ago, in a compromise bill, Parliament set the end of daylight savings time as the Sunday before Yom Kippur. The move was taken so that sunset-- the time at which observant Jews can break their Yom Kippur fast-- will arrive an hour earlier. Yom Kippur begins this evening, so daylight savings time has ended in Israel-- well ahead of the time that it ends in Europe and the United States. Secular Jews in Israel, however, are complaining because they are deprived of the extra hour of light after work. They say this is an example of how the interests of Israel's religious minority are interfering with the lifestyle of the majority of the population who are secular Israeli Jews.

House Passes Vietnam Human Rights Act

On Tuesday (by a vote of 414-3) the U.S. House of Representatives passed H.R. 3096, the Vietnam Human Rights Act. Among other things, it prohibits any increase in nonhumanitarian foreign aid to Vietnam until the President certifies that various human rights goals have been met. Among these are "substantial progress toward respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference by or involvement of the Government" and "substantial progress toward releasing all political and religious prisoners". The bill, which now goes to the Senate, also calls for the State Department to submit an annual report on Vietnam's progress in various areas of concern. Vietnam's News Service today published an opinion piece criticizing passage of the bill.

Authorities Prosecuting Promoters of "Corporations Sole" Scams

Today's Arizona Republic reports on efforts of federal and state law enforcement to prosecute promoters of "corporations sole" scams-- the use by individuals for tax evasion purposes of entities intended for church assets. A corporation sole, permitted under the laws of 17 states, is legitimately created by an individual church leader in order to provide an entity to hold church property and funds. A corporation sole does not need to file an income tax return. Promoters have bilked many individuals who have no connection to a church by charging them high fees to set up a corporation sole for their personal assets. The promoters incorrectly tell the individuals that this excuses them from paying income taxes.

China Appoints Vatican-Approved Bishop

In another step toward reconciliation with the Vatican, China's state-controlled Catholic church today appointed as bishop of Beijing a cleric who has the approval of the Vatican. The Associated Press reports that Joseph Li Shan, in taking the traditional oath to the Church, also added a promise to "lead all the priests seminarians and nuns of this diocese in adhering to the nation's constitution, maintaining national unification and social stability." (See prior related posting.)

Controversy Over Funding Denial For Christian Concert At University of Arizona

A decision last week by the Student Senate at the University of Arizona has created controversy. The organization refused to fund a Christian concert, already scheduled by Priority Campus Ministries, a student group. The concert, "Overflow", had been funded for the last seven years, but a recent change in the bylaws of the Associated Students of the University of Arizona was applied to deny funding this year. The bylaws now exclude funding for events that exclude some students, involve proselytizing and worship, are expressly political, or are merely for entertainment or commercial benefit. The concert went on with funding from local churches. An editorial in yesterday's Arizona Daily Wildcat reviews the controversy.

Qatar Starting New Moderate Islamic Satellite Channel

Gulf News reported yesterday that Qatar is developing a new Islamic satellite television channel designed to counter the growing number of channels in the Arab world that are promoting Sunni- Shiite conflict. The Organization of the Islamic Countries has approved the project. The new channel will focus on Islam's traditions of unity and tolerance.

Article Explores Trend Toward Ban On Wearing Religious Symbols

IBN carries an interesting lengthy article today on the trend in Western Europe (and to some extent in the U.S.) to ban the wearing of religious symbols-- particularly non-European cultural and religious symbols. The article, titled Ban on Asian symbols: A Westside story of bias? is worth a full read.

State Appeals Court Says Custody Order Burdens Father's Religious Exercise

A Minnesota court of appeals has ordered a lower court to narrow the order it issued in a custody proceeding that prohibited the non-custodial father from discussing "inappropriate" religious topics with his children. In In re the Marriage of: Barbara A. Kinley, (MN Ct. App., Sept. 18, 2007) the court held that while the lower court could issue an order protecting the custodial parent's right to determine her children's religion, here the order impermissibly burdened the father's free exercise of religion. The trial court failed to make findings supporting the restrictions and failed to place limits on their scope and duration. The prohibition on the father's reading of bible stories to the children was not narrowly tailored and the ban on discussing "inappropriate" religious ideas is vague and overbroad.

Christian Pakistani Teenager Cleared of Blasphemy Charges

In Pakistan today, a judge unexpectedly cleared 18-year old Shahid Masih of blasphemy charges. Journal Chretien reports that prosecution witnesses dropped their claims that they had been told that the defendant, a Christian, had torn pages from a book containing Quranic verses.

Quebec Jewish Hockey Player Surrenders Religious Observance To Game Schedules

In the Canadian provice of Quebec this week, just as the government's Consultation Commission on Accommodation Practices Related to Cultural Differences began hearings, Orthodox Jewish hockey player Benjamin Rubin announced that he had agreed to somewhat less accommodation as he begins to play for the Gatineau Olympiques of the Quebec Major Junior Hockey League. Today's Canadian Jewish News reports that Rubin, who has NHL ambitions, played for the Quebec (City) Ramparts last year under an arrangement that excused him from all games on the Jewish Sabbath, as well as Jewish holidays. That arrangement ultimately did not work out well. The Olympiques schedule for this year has over half of the team's game slotted for Friday night or Saturday. Rubin has agreed that he will play in these and will only take off for major Jewish holidays. Rubin's father said that the family had consulted several "esteemed" Orthodox rabbis. While none gave a formal ruling, most did not consider playing hockey a violation of the Sabbath if it is not for pay. Travel for the games however has posed the greater problem, as the Olympiques insists that Rubin travel with the rest of the team.

One 10 Commandments Display Stays, Another Goes, In Kentucky

A Kentucky federal district court this week upheld the constitutionality of a display of the Ten Commandments as part of a "Foundations of American Law and government" display in the Rowan County (KY) Fiscal Courtroom. The "Foundations" display was authorized by the Fiscal Court after the ACLU challenged an earlier posting of the 10 Commandments among 17 other miscellaneous documents. In American Civil Liberties Union of Kentucky v. Rowan County, Kentucky, (ED KY, Sept. 17, 2007), the court concluded that "plaintiffs have failed to show that religion was the county’s predominant purpose in posting the Foundations Display – it may have been a purpose, but it was not the predominant purpose."

Yesterday's Lexington Herald-Leader reported on the decision, and also reported that in a September 5 decision, the same judge found that a Ten Commandments display inthe Garrard County courthouse was unconstitutional. The Ten Commanments were displayed along with other documents linking government and religion. The court found that in this case, "a reasonable person would conclude that the county's display has the effect of endorsing religion."

Third Circuit Finds JCC Entitled To Title VII Religious Exemption

Yesterday, the U.S. 3rd Circuit Court of Appeals, in a 2-1 ruling, issued an important decision interpreting the scope of the religious institutions exemption in the 1964 Civil Rights Act. In LeBoon v. Lancaster Jewish Community Center Association, (3rd Cir., Sept. 19, 2007), an Evangelical Christian bookkeeper who lost her job at a Jewish Community Center claimed that the JCC was not entitled to claim an exemption from religious discrimination claims under Section 702 of the Civil Rights Act (42 USC 2000e-1(a)). She argued that the JCC "lacked financial or administrative ties with a synagogue and its nature and purposes were primarily cultural, not religious." The majority, however, disagreed, finding "the LJCC was entitled to the protection of Section 702 during the period under scrutiny because its structure and purpose were primarily religious."

Judge Rendell, dissenting, argued that "Congress understood § 702(a) to cover only those entities that, unlike the LJCC, are controlled by a religious sect." He said that the majority's approach places the court in the position of analyzing the activities of religiously inclined organizations to determine which are religiously meaningful.

The court unanimously rejected a retaliation claim by the plaintiff, crediting instead the JCC's explanation that LeBoon was terminated because of the financial problems the JCC was experiencing.

Ontario Catholic Schools Debate HPV Vaccine Program

In the Canadian province of Ontario, the government has begun a school-based program of offering the HPV vaccine to girls in grade 8. Now Catholic schools throughout the province are debating whether to permit the programs. The Hamilton Catholic School Board voted on Monday to allow public health officials into the schools. Tuesday's National Post reported that the Conference of Catholic Bishops issued a statement expressing regret that the program was introduced without more study. Their statement said that the decision is ultimately up to parents, but emphasized that HPV can only be contracted through sex, and sex outside marriage carries "profound risks to a young person's spiritual, emotional, moral and physical health." It went on: "Sexual activity is appropriate only within marriage. Outside of marriage, abstinence is not only clearly the choice that leads to spiritual and moral well being, but it is obviously the best protection against risks of disease."

DC Court Orders Members of Congress To Produce Documents On Mt. Soledad Law

The judicial decisions in the Mt. Soledad Cross cases never seem to end, as plaintiffs attempt to show that the Establishment Clause was violated by legislation under which the federal government acquired the war memorial. Plaintiffs have been attempting to gather evidence to show that Congress had a religious purpose in enacting legislation transferring control of the site to the federal government. A California federal district court has issued two decisions refusing to permit plaintiffs to take the depositions of members of Congress and their advisers on the issue of motivation. (See prior postings 1, 2.) Now, however, in Jewish War Veterans of the United States v. Gates, (D DC, Sept. 18, 2007), the D.C. federal district court has issued a 55-page opinion and an order permitting plaintiffs to subpoena some documents from three members of Congress.

The court held that "each category of documents requested has the potential to shed light on at least one of the three Lemon prongs. Foremost among these is legislative purpose." Responding to defendants' claim that production of the documents are shielded by the Constitution's "speech or debate" clause, the court said:

The Members are correct that... informal information gathering in connection with or in aid of a legitimate legislative act is itself protected by the Speech or Debate Clause. Such information gathering may take the form of communications with organizations, constituents, or officials of a coordinate branch. The Members are likewise correct that the Clause prohibits inquiry into an individual legislator's motives for engaging in particular legislative acts. At the same time, JWV is correct that accepting the Members' position on these points does not necessarily shield from production all documents responsive to specifications 3, 5, 7 and 9. Documents that reflect a Member's efforts to persuade Executive Branch officials to use existing statutory authority, for example, must be produced, as must documents that reflect legislative purpose, rather than the motives of individual legislators.

The court left it in part to the defendants to decide which documents must be produced under the principles announced in the court's decision. Today's New York Sun reports on the decision.

Soldier Sues Army Claiming Religious Discrimination

A press release distributed by the Military Religious Freedom Foundation yesterday announced a religious discrimination lawsuit that has been filed against the Department of Defense and an Army Major:

(MRFF) and U.S. Army Specialist Jeremy Hall have filed a lawsuit against Defense Secretary Robert Gates and Major Paul Welborne in U.S. District Court in Kansas City, Kansas citing a pattern of military practices that discriminate against non-Christians in the military. The lawsuit also cites overt government support of private civilian religious organizations and activities.

... In August of this year, Specialist Hall, after receiving permission from a chaplain at Contingency Operations Base Speicher, Iraq, posted flyers around his base announcing a meeting of atheists and other non-Christians.... Army Major Paul Welborne disrupted the meeting and threatened to retaliate against Hall by charging him with violating the Uniform Code of Military Justice and vowed to block Hall's reenlistment in the Army because of Hall’s role in organizing the meeting, a violation of Hall's First Amendment rights under the Constitution.

The complaint charges that Hall, who is based at Ft. Riley, Kansas, has been forced to "submit to a religious test as a qualification to his post as a soldier in the United States Army," a violation of Article VI, Clause 3 of the Constitution.

The International Herald Tribune has also published a report on the lawsuit.