Case Must Decide If Minor Can Choose Religion Against Wishes of His Parent

An article published yesterday by the Forward discusses an interesting custody case that poses the question of the extent to which courts will allow teenagers to make their own religious decisions instead of deferring to the wishes of the custodial parent. Robert Solko and his former wife Julie Ann Bergmann were both Orthodox Jews and raised their their four children in that tradition in Kansas City, Kansas. The couple divorced in 1994 at which time Bergmann moved with the children to the ultra-Orthodox Flatbush neighborhood in Brooklyn.

Ten years later, custody of the two children who were still minors was transferred to Solko who had by then moved away from Orthodox Judaism. His three older children are now emancipated and estranged from him. However he still has legal custody of 13-year old Ephraim who wishes to continue to practice Orthodox Judaism. Solko however forbids his son from practicing traditions such as keeping kosher and wearing a yarmulke. This has led Ephraim to attempt to run away from home. His mother is attempting to obtain a change in custody so that Ephraim can attend school in Brooklyn and merely spend the summers with his father.

In the case, a group of child advocates has filed an amicus brief arguing that the boy should be able to make his own religious decisions, free from the views of either his parents or the court. Interestingly, the Orthodox Jewish group Agudath Israel, which has in the past supported parental rights, has now joined this brief. [Thanks to Jack Shattuck for the lead.]

State Highway Signs Pointing To Creation Museum Questioned

In Kentucky, as in other states, a tourist attraction that draws enough visitors can-- for a price-- have highway signs put up by the state indicating the highway exits that leads to the attraction. Cincinnati Post columnist Kevin Eigelbach yesterday questioned the propriety of Kentucky's erecting four of these signs directing visitors to Boone County, Kentucky's Creation Museum. Rules require that a committee of transportation and commerce officials consider applications for signs. They are available only for cultural, historical, recreational, agricultural, educational or entertainment sites. Barry Lynn, executive director of Americans United for Separation of Church and State, said it is a "close call" whether the state's support of the museum violates the Constitution's Establishment Clause. At any rate he thought it was bad policy, saying: "It just seems foolish for a state to promote a kind of monument to ignorance anyway, and this certainly does that."

Spain's Catholic Church May Lose Funds Because of Bill Condemning Franco Era

Spain's ruling Socialist Party finds itself in an odd conflict with the Roman Catholic Church as the country's legislature moves to make amends for atrocities committed two generations ago. The Associated Press reported yesterday that a pending bill that will condemn the 40-year rule of dictator Francisco Franco also calls for the removal of all publicly-displayed symbols that honor the Franco regime. Government aid and subsidies will be denied any organization that fails to follow this mandate. Some Catholic churches in Spain display plaques with names of pro-Franco fighters who died in the 1936-39 Spanish Civil War, paying tribute to them as men who have "fallen for God and for Spain". Under the new legislation, if Churches do not remove these plaques, they will lose government aid. Spain's government pays the salaries of religion teachers in state subsidized schools, and also permits Spaniards to earmark a small portion of their income tax for the Church.

Innovative Settlement Reached In Pharmacists' Challenge To IL Rules

An innovative settlement has been reached in a suit by pharmacists challenging Illinois' rules requiring all pharmacies to fill prescriptions for Plan B emergency contraceptives. (See prior posting.) Under the agreement filed in federal district court last week, the state would change its rules so that pharmacies could have the prescription approved by phone or fax by an off-site pharmacist. The drug would then be delivered to the customer by the pharmacy owner or another employee instead of by the on-site pharmacist who has moral or religious objections to dispensing it. Yesterday's Chicago Tribune says that the settlement gives the state until March 3 to amend its rules. [Thanks to Blog from the Capital for the lead.]

3rd Circuit: Federal Employee Cannot Use RFRA For Employment Discrimination

In Francis v. Mineta, (3rd Cir., Oct. 10, 2007), the U.S. 3rd Circuit Court of Appeals held that Title VII of the 1964 Civil Rights Act is the exclusive route that a federal employee may use to assert a claim of religious discrimination in employment. The court held that a Transportation Security Administration screener fired for wearing dreadlocks in violation of the TSA's grooming policy cannot use the Religious Freedom Restoration Act as a way of avoiding Title VII's requirement that administrative remedies be exhausted before a lawsuit is filed.

Detroit Student Gets TRO Permitting Him To Attend Class With Long Hair

In Wayne County, Michigan, a state court has issued a temporary restraining order requiring Detroit's Old Redford Academy, a college-preparatory charter high school, to temporarily readmit 14-year old Claudius Benson II who refuses to cut his hair as required by the school's dress code. Today's Detroit Free Press reports that the high schooler has not had his hair cut for ten years because of his mother's Old Testament religious beliefs. Circuit Judge Kathleen Macdonald held that the school should permit Benson to attend classes while the court is considering his challenge to the school's dress code.

The lawsuit, filed by the Michigan Civil Liberties Union, argues that under the state Constitution and Michigan's civil rights law the school is required to grant Benson a religious exemption from the school's grooming rules. (Full text of complaint.) Fox News gives additional background on the case. Originally the complaint also contained federal law claims, but after the school removed the case to federal court, the ACLU withdrew the lawsuit and refiled it in state court with only state law allegations. (Oct. 5 Detroit Free Press.)

New Hampshire Court Refuses To Order Co-Use of Presbyterian Church By Factions

Last Friday, a Rockingham County, New Hampshire, Superior Court Judge refused to issue an injunction ordering co-use of Londonderry's Presbyterian Church by two feuding groups. Today's Manchester Union-Leader reports that last month, 200 members of the church voted to disaffiliate from the Presbyterian Church USA and join the more conservative New Wineskins association of Presbyterian churches. Following the court's decision, the New Wineskins changed all the locks on the church, preventing the "continuing congregation," the group that wants to stay affiliated with the national Presbyterian Church, from using the building for services. So last Sunday long-time pastor Dr. John Mokkosian held service under a tree on the front lawn.

Two To Be Sentenced For Obtaining False Religious Licenses For Cuba Travel

In Miami, Florida later this week and next two men will be sentenced after being convicted in a scheme in which they fraudulently obtained religious travel licenses for travel to Cuba. Today's Miami Herald reports that Victor Vazquez and David Margolis created phony churches to apply for the licenses. They then sold the right to travel under these permits to some 6,500 people. One of the few ways for Americans to legally travel to Cuba is under this type of religious travel permit that is issued by the U.S. Treasury Department's Office of Foreign Assets Control . 31 CFR Sec. 515.566 sets out the rules for obtaining licenses for religious activities in Cuba.

President To Attend Presentation of Congressional Medal To Dalai Lama

Next Wednesday, members of Congress will hold a Capitol Hill ceremony at which House Speaker Nancy Pelosi will award the Dalai Lama the Congressional Gold Medal that was authorized last year. AFP reports that President George Bush and First Lady Laura Bush will attend the ceremony, even though this will anger the government of China that considers the award an interference in China's internal affairs. It views the Dalia Lama as a political exile who wants independence for Tibet. This will be the first time that a sitting U.S. President has appeared at a public event with the 72-year old Buddhist spiritual leader.

Federal Faith-Based Grants Announced

The Department of Health and Human Services has awarded $57.8 million in grants to 387 faith-based and community organizations (list of grantees), according to a report published Monday by the Roundtable on Religion and Social Welfare Policy. The grants were awarded from the Compassion Capital Fund, an important part of President Bush's Faith Based and Community Initiative. This year's awards included 37 grants to Demonstration Program intermediary organizations; 131 organizations received grants under the Communities Empowering Youth program; the remaining grants were under the Targeted Capacity Building Program and went for programs that focus on homeless persons, rural communities, at-risk youth and strengthening marriages. [Thanks to Blog from the Capital for the lead.]

Tunisian Court Strikes Down Ban on Wearing Muslim Veil

An Administrative Court judge in Tunisia has held that Circular No. 102, issued in 1986, that prohibits Muslim women from wearing the veil, is unconstitutional. Magharebia yesterday reported that the ruling issued last week calls on the Ministry of Education to reinstate teacher Saiida Adali who had been suspended for wearing a veil to work. The court also called for the Ministry to pay Adali damages. The ban on the veil was originally adopted twenty years ago to prevent the spread of radical Islam in the wake of the Iranian Revolution. The Administrative Court, however, ruled that the ban "interferes in personal freedoms, since such dress expresses distinctively cultural, religious and intellectual belonging and reflects personal inclination."

Tensions In Europe Over Muslim Presence Examined

The Organization for Security and Co-operation in Europe (OSCE) is sponsoring a conference in Cordoba, Spain on Intolerance and Discrimination Against Muslims. SwissInfo today interviewed Switzerland's Deputy State Secretary of Foreign Affairs, Anton Thalmann, who spoke at the conference. Thalmann said that religious intolerance affects fundamental Swiss values. Meanwhile today's Guardian reports on growing tensions in Switzerland and elsewhere in Europe over the construction of mosques, minarets and Islamic culture centers, as some Europeans attempt to keep their cities culturally Christian.

Applicability of NY Human Rights Laws To Students Being Challenged

The Ithaca City School District is challenging the applicability of New York's Human Rights Law to public school students. The Ithaca Journal reports on impassioned testimony at yesterday's school board meeting. Parents, students and community members are asking the board to drop its challenge that is pending in an appeal of a case in which the district is charged with failing to protect a student from racial harassment. The Human Rights Law prohibits religious discrimination, as well as discrimination on the basis of race, gender, sexual orientation, disability, genetic characteristics, or military or marital status. The school district is arguing that the law's coverage does not extend to public school students. It claims that the public hearing procedures in discrimination cases heard by the New York Division of Human Rights forces schools to violate federal student privacy laws in order to mount a defense. Civil rights groups are planning to ask the New York legislature to amend the law to make it clear that it does apply to public school students.

Group Claims Sex Ed Curriculum Will Lead To Religious Discrimination

Conservative groups are raising a new kind of religious objection to Montgomery County, Maryland's sexual education curriculum. A group called Citizens for Responsible Curriculum argues that the new curriculum will lead to intolerance against those who oppose homosexuality on religious grounds. Today's Examiner reports that Maryland Circuit Court Judge William Rowan III yesterday refused to enjoin the schools from implementing the curriculum while challenges to it are pending. An appeal of the Maryland State Board of Education's approval of the curriculum will be heard by the court in January.

Conscientious Objector's Trial Delayed As Amnesty International Expresses Concern

Army First Lieutenant Ehren Watada's court martial on charges that he refused to deploy with his unit to Iraq in June 2006 was scheduled to begin yesterday. However, a federal judge in Washington state ordered the Army to delay the trial. Honolulu's KNHL reports that Watada's lawyer says the court martial would amount to double jeopardy because an earlier court martial ended in a mistrial. Watada is a conscientious objector-- not to all wars, but to the war in Iraq. Because he does not object to all wars, U.S. law would not grant him CO status. Last week Amensty International expressed serious concern over Watada's fate. It said: "The right to refuse to perform military service for reasons of conscience, thought or religion is protected under international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), which the US has ratified."

Michigan Town Will Vote On Creche Display

The Nov. 6 ballot in Berkley, Michigan will include a proposed Charter Amendment that would require the city to display a Nativity scene on city hall property every year from the Monday following Thanksgiving until January 6. (See prior related posting.) The ballot measure calls for the display to also include gift packages, colored lights, a "Seasons Greetings" sign, and a Santa Claus figure. Last year, after the ACLU raised objections to the city's traditional creche display, city council ultimately decided to turn it over to local churches to display on a rotating basis. (See prior posting.) This led to the formation of Berkley Citizens Vote YES to Christmas Holiday that is backing the ballot measure. Today's Berkley Daily Tribune reports that Berkley Mayor Marilyn Stephen and a majority of City Council members have signed a letter opposing the ballot proposal.

California Councilman Insists On Arguing Against Church-State Separation

Today's San Diego Union-Tribune reports on efforts of El Cajon (CA) City Council member Bob McClellan to use Council meetings to argue for more religion in government. Last month, McClellan, an evangelical Christian, began placing an item on Council's agenda labelled "Bob's Constitutional Moments". He used the time to quote from historical documents to argue that the nation's founders did not favor separation of church and state. Last week, however, City Attorney Morgan Foley sent a memo to council recommending that the agenda item be dropped in order to avoid embroiling the city in protracted and expensive church-state litigation. So at last night's meeting, McClellan instead spoke at the end of the public comment period of the meeting. However he ignored the city attorney's recommendation that he "be required to leave his seat on the dais and stand at the podium in order to send the clear message that his comments express opinions of his own and not necessarily those of the entire City Council, or the City of El Cajon."

European Human Rights Court Says Turkey's School Curriculum Violates ECHR

Yesterday in Case of Hasan & Eylem Zengin v. Turkey, (ECHR, Oct. 9, 2007), the European Court of Human Rights held that compulsory courses on religious culture and ethics in Turkish primary and secondary schools are taught in a way that violates the European Convention on Human Rights. Protocol No. 1, Art. 2 of the ECHR provides:

In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

The suit was brought by Hasan Zengin and his daughter Eylem, members of the Alevi faith, after Turkish authorities refused to exempt Eylem from the required religion and culture classes. Today's Zaman traces the background of the case. The ECHR held that the courses do not meet the criteria of objectivity and pluralism, and fail to respect the philosophical convictions of Hasan Zengin. The Court also observed that the exemption procedure does not provide sufficient protection to parents who believe the course is likely to create a conflict of allegiance in their children between the school and their own values.

UPDATE: On Thursday, Turkey's ruling Justice and Development Party agreed to implement the court's ruling by allowing students to opt out of existing courses on religion that emphasize Islam. However, those who do will be required to take "universal religious knowledge" courses in which all religions are covered equally. (Today's Zaman.)

Ohio House Speaker Ends Advance Submission of Invocations

Last May, the Clerk of the Ohio House of Representatives sent a memo to all House members urging respect for the then-House policy on invocations by guest ministers. Prayers were to be non-denominational, non-sectarian and non-proselytizing, and were to be submitted 72 hours in advance. (See prior posting.) Now an Alliance Defense Fund release reports that Ohio House Speaker Jon Husted has changed that policy. Husted sent a memo last month to the House Clerk stating: "Throughout the past few months I reflected and prayed upon an issue of great importance ... the issue is that of protecting prayer. After thoughtful deliberation, including the consideration of hiring a House chaplain, I have determined that our current guest minister program is working quite well.... [W]hile the Ohio House ... is under my leadership, we will not censor the content of prayers given prior to a House session. Please implement this policy immediately."

Suit Challenges Denial of High School Credit For Religious Community Service

Liberty Counsel announced yesterday that it has filed suit against the Long Beach (CA) Unified School District, challenging its Community Service Learning requirement rules as discriminatory. All district high school students must complete at least 40 hours of community service in order to graduate. The lawsuit was filed on behalf of 15-year old Chris Rand who was denied credit for 80 hours of work with children he performed at the Long Beach Alliance Church. The lawsuit claims that no credit will be granted for service to religious communities. However, the current Student Service Learning Manual grants credit for religiously sponsored social service activities. It denies credit for teaching about religion, helping with religious services (including babysitting) recruiting members, or providing merely office or maintenance work. The Long Beach Press-Telegram quotes a school district spokesman who said that work at churches counts as long as it is not designed "to enhance a religion". That restriction, he said, results from church-state separation concerns.