Religion Clause

Monday, October 15, 2007

Another Mt. Soledad Cross Decision-- Quashing of Subpoena Affirmed

In the ongoing challenge to Congressional legislation that transfered the Mt. Soledad Veterans' Memorial (with its Mt. Soledad Cross) to the federal government, last month a California federal magistrate judge quashed plaintiffs' attempt to depose Thomas More Law Center regional director Charles Li Mandri. Li Mandri gave advice to the principal sponsors of the federal law. (See prior posting.) Plaintiffs then filed objections to the magistrate's order. Last week a federal district judge rejected those objections.

In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 75787 (SD CA, Oct. 11, 2007), the court held that nothing Li Mandri might say would likely lead to the discovery of relevant evidence on whether a reasonable observer would consider the legislation to have the effect of endorsing religion. A reasonable observer would not look to the views of advocacy groups, nor would an observer consider private information that had not been disclosed. The court also agreed with the magistrate's concerns about limits imposed by the Speech or Debate clause of the Constitution and about protecting non-party activists and political opponents from harassment.

Illinois Teacher Says He Will Challenge Moment of Silence Law

A Waukegan, (IL) teacher says he hopes to file a court challenge to Illinois' new law that requires him to begin each class with a moment of silence. Yesterday's Lake County (IL) News-Sun reported that the teacher, Brian Bown, unsuccessfully challenged a similar law passed by Georgia in 1994. (Bown v. Gwinnett County School Dist., (11th Cir. May 6, 1997)). There, Bown said, a church had encouraged school children to bring their Bibles to class and recite the Lord's Prayer during the moment of silence. His challenge to the Georgia law led to legislative investigations and personal harassment that affected his health.

Struggling Catholic Schools Considering Charter School Status

In Denver, Colorado, a small Catholic dual-language school that is struggling financially is considering converting to become a public charter school. Yesterday's Denver Post reports that Escuela de Guadalupe is part of a possible national trend, as eight Catholic schools in Washington, D.C. also debate possible conversion to charter status. In order to convert, the school must drop all of its religious instruction. However Barry Lynn, executive director of Americans United for Separation of Church and State, said: "Frequently the 'recreated' schools look suspiciously like the pre-recreated schools.... They say they're re-created but in fact it's the same school with the same curriculum and teachers." In an ABC News story last week, the Interim Principal of one of the D.C. Catholic schools that is moving to convert to charter status is quoted: "We can still teach the kids and love the kids in a Christ-like way without having to talk about Christ."

European Baptists Protest Conviction of Pastor In Azerbaijan

Ekklesia reports today that Baptists around Europe are renewing their efforts to obtain the release of Baptist Pastor Zaur Balaev who was sentenced to two years in prison by a court in Azerbaijan. Earlier this month, an appeals court rejected Balaev's appeal of his sentence. Forum 18 reported that the conviction stems from a raid by police last May on an "illegal religious service" by Balaev's unregistered congregation. Over the years, authorities have repeatedly refused applications for registration by the congregation in Aliabad in far north-west Azerbaijan. Police say that when they raided the service, Balaev attacked them. Balaev was charged under Article 315, Part 1 of the Criminal Code, which prohibits the application or threat of violence to a state representative carrying out official duties. Balaev now plans to appeal to Azerbaijan's Supreme Court, and will take his case to the European Court of Human rights if necessary.

Sunday, October 14, 2007

Arkansas School Still Runs Released-Time Program For Religious Instruction

Around the country, some public schools still have "released time" programs in which students, with their parent's permission, go off-premises for a portion of the day for religious studies. Today's Arkansas Democrat Gazette carries a lengthy description of the 70-year old overtly Christian released time program for grades K through 3 in Gravette, Arkansas. Once a week, volunteers escort the 95% of the children who participate down a 100-foot long sidewalk to Gravette’s Storytime Bible Studies building. The building is on a 50-foot wide piece of private property between the town's elementary and upper elementary schools. For 30 minutes, the children hear Bible stories and sing religious songs. The students who do not participate remain in class where teachers either go on with lesson plans or work individually with them. Until 1989, Gravette offered the Bible Studies program in the school building. However a federal district court, in a decision that was affirmed without opinion by the 8th Circuit, found that practice to be unconstitutional. Doe v. Human, 725 F. Supp. 1503 (WD AR, 1989) [LEXIS link], affd. 923 F.2d 857 (8th Cir., 1990).

New York's Syrian Jews Enforce Strict Edict Against Intermarriage

Do religious institutions retain any power to enforce rules over their members in an open society like that in the United States when civil courts clearly will not act as enforcers? Today's New York Times Magazine carries a long article on how the economically thriving 75,000-member Syrian Jewish community in Brooklyn has been successful in carrying out a rabbinic Edict issued over 70 years ago. The unusual Edict bars the community's Syrian Jews not only from marrying non-Jews, but also from marrying converts to Judaism. The few who ignore the ban are effectively ostracized by the community, including their own families.

Memphis Churches Charged With Improper Endorsement of Candidates

Americans United for Separation of Church and State has filed a complaint with the Internal Revenue Service claiming that three churches in Memphis, TN endorsed candidates in the city's Oct. 4 mayoral race. Federal tax law prohibits non-profits from making partisan endorsements. (IRS fact sheet.) Today's Memphis Commercial Appeal reports that at Oak Grove Missionary Baptist Church, Greater Community Temple Church of God in Christ and Trinity Church and Christian Center, the pastors specifically expressed support for one or the other mayoral candidates after the candidate appeared at Sunday services. In the race, incumbent Mayor Willie Herenton won a fifth term over challenger Carol Chumney.

Pakistan's Red Mosque Attracts Crowds After Court-Ordered Reopening

Today's Washington Post reports that "huge numbers of newcomers have been attracted to prayer at the Red Mosque" in Islamabad, Pakistan, now that it has been reopened. The radical mosque (see prior posting), known in Urdu as "Lal Masjid", was closed after a government troops raided it in July. On Oct. 2, Pakistan's Supreme Court ordered the mosque reopened. (IRNA). The Post reports that again worshippers at the mosque are calling for a Taliban style government in Pakistan, as they vow to repaint the mosque its traditional red. The government had painted it yellow after it took over in July.

Paper Profiles Faith-Based Prison Programs

USA Today this week end looks in-depth at faith-based prison facilities. While concluding that it is unclear whether the programs reduce recidivism, the article reports positively on the impact they have on individual prisoners who, for the first time, feel they are being treated with respect:

[E]vidence is strong that violence and trouble-making drop sharply in these programs, and they often are the only vibrant rehabilitation option at a time when taxpayer-funded alternatives have been cut back.
Elizabeth Alexander, director of the American Civil Liberties Union's National Prison Project, has qualms about whether the faith-based programs are fair to non-Christian inmates but hesitates to criticize them because they fill a void. Two decades of tough-on-crime policies have sharply reduced the number of rehabilitative prison programs, she said, and volunteer-driven religious initiatives offer states a low-cost way to meet some of the demand.

A federal district court decision in Iowa finding state support for InnerChange's faith-based prison program unconstitutional is now on appeal. (See prior posting.)

Boston Area Chabad Congregation Gets Controversial Zoning Approval

Today's Boston Globe reports that the Board of Aldermen in Newton Highlands (MA) have given in to a Chabad Orthodox Jewish congregation and voted to permit them to build a new synagogue building on property the congregation owns, even though the facility will have 60 fewer parking spaces than zoning rules require. Beth Menachem Chabad argued that since their members generally walk to services on Saturday, the added parking spaces are not needed. Opponents say that inevitably the building will be used for other events that require parking. The battle over municipal approval of the building has included charges by Beth Menachem members that officials who opposed the building plans were anti-Semitic.

Saturday, October 13, 2007

Abuses In Federal Employee Religious Comp Time Reported

Federal law (5 USC Sec. 5550a) provides that a federal employee “whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements.” An investigative article in yesterday’s Washington Post documents numerous abuses of these religious comp time provisions. Some federal employees have used the comp time for vacations instead of religious observances, while others have received large amounts when they retired to pay them for accrued religious comp time. The Post reports that the Bush administration has publicized the availability of religious comp time in various ways, and has told federal workers that they can be paid for unused religious comp time when they leave federal employment. [Thanks to Steven Jamar via Religionlaw for the lead.]

President, New York City, Mark Eid al-Fitr

Eid al-Fitr, the holiday marking the end of Ramadan, began this weekend for Muslims around the world. (Voice of America.) On Thursday, the White House released a message from the President sending greetings to Muslims in the United States and around the world who are celebrating the festival. (Full text.) President Bush said in part: “Our Nation is proud to be a land of many beliefs, and our society is enriched by our Muslim citizens.” For the first time, New York’s Empire State building will be lit up in green—the symbol of a happy occasion in Islam—to mark the holiday. This will be done annually, just as the building is also lit for the celebrations of Christmas and Hanukkah. (Voice of America).

Litigation On Ousting Virginia Pastor Continues

Today’s Hampton Roads (VA) Daily Press reports that a state court in Gloucester, Virginia has refused to dismiss a lawsuit filed by seven members of Zion Hill Baptist Church who want to fire the church’s pastor. Plaintiffs have requested the court to oversee a members’ meeting at which the congregation will vote on whether or not to dismiss Rev. Leon Abbott. The court rejected Abbott’s argument that plaintiffs are not members and therefore are not eligible to file the lawsuit. Meanwhile, though, the court refused to enjoin the church from implementing amendments to its constitution adopted last month that require church disputes to go to mediation. Plaintiffs had argued that the amendments were orchestrated by Abbott to consolidate his control. This is the second time this dispute is in court. Last April the court invalidated the results of a meeting that had voted to oust Abbott on the ground that members did not conduct the meeting in accordance with the church’s constitution.

Christian Groups In UK Oppose Homophobic Incitement Ban

Last Monday, according to the London Times, Jack Straw, Great Britain’s Justice Secretary, announced the government’s plans to introduce as part of a pending Criminal Justice and Immigration bill a provision that will outlaw inciting hatred against an individual on the basis of the person’s sexual orientation. CNSNews reported later in the week on the growing opposition by Christian groups to the proposed ban on incitement of homophobic hatred. A spokesman for Britain’s Evangelical Alliance warned that unless definitions are drawn very carefully, the new law could infringe free speech rights of those who are opposed to homosexual conduct. The Christian Institute warned: “Reasonable statements of Christian belief are often characterized as ‘hatred’ by people who strongly disagree with them.”

Friday, October 12, 2007

Illinois Legislature Overrides Veto of Required Moment of Silence

The Illinois legislature has overridden Gov. Rod Blagojevich's veto of SB 1463, the Silent Reflection and Student Prayer Act, according to yesterday's St. Louis Post Dispatch. (See prior related posting.) The bill requires public school teachers to begin each school day with a "moment of silence"for prayer or reflection. The governor's veto message said that the previous optional moment of silence struck "the right balance between the principles echoed in our constitution, and our deeply held desire to practice our faith." The vote to override in the Senate last week was 42-9; the vote yesterday in the House was 74-37.

Capitol Architect Will Now Allow Religious References On Flag Certificates

Members of Congress offer their constituents the opportunity to purchase an American flag that has actually been flown over the Capitol building for a few minutes. The flag is accompanied by a certificate of authenticity that includes a dedication authored by the constituent. Since the 1970's, the Office of the Architect of the Capitol-- the office that flies the flags and makes up the certificates-- has taken the position that the certificate should not contain religious or political expressions. This limitation became the center of controversy last month when a constituent complained to Ohio Rep. Michael Turner that his requested inscription was edited because it made reference to his grandfather's love of God, country and family.

Rep. Turner quickly issued a critical statement equating the policy with attempts "to take God from the Pledge of Allegiance". Fox News reported yesterday that Acting Capitol Architect Stephen T. Ayers has now changed the policy and will no longer censor the contents of notes on the certificate accompanying flags. A release issued yesterday by Ayers' office said that the "rules have been inconsistently applied" and that it is beyond the scope of the Capitol Architect's responsibilities to censor messages from members of Congress. It continued: "The Architect’s role is to certify that flags are appropriately flown over the U.S. Capitol, and any messages on the flag certificates are personal and between a Member of Congress and his or her constituents." [Thanks to Alliance Alert for the lead.]

Former College Instructor Settles Religious Discrimination Claim

In Florida, Broward County Community College has agreed to pay James H. Johnson, a former adjunct instructor, $250,000 to settle a religious discrimination lawsuit that he filed against the school. Today's Miami Herald reports on the settlement. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. A jury agreed with Johnson, but awarded him no damages. (See prior posting.) Johnson had planned to appeal the denial of damages.

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."