Religion Clause

Wednesday, October 24, 2007

White House Threatens Veto of ENDA

Democratic leaders in the House of Representatives announced yesterday that they are postponing a vote on the Employment Non-Discrimination Act. (See prior posting.) The Washington Blade reports that differing reasons were given for the postponement. The announcement came several hours after the White House issued an interesting Statement of Administration Policy threatening a possible veto of ENDA:

H.R. 3685 is inconsistent with the right to the free exercise of religion as codified by Congress in the Religious Freedom Restoration Act (RFRA).... For instance, schools that are owned by or directed toward a particular religion are exempted by the bill; but those that emphasize religious principles broadly will find their religious liberties burdened by H.R. 3685.

A second concern is H.R. 3685’s authorization of Federal civil damage actions against State entities, which may violate States’ immunity under the Eleventh Amendment to the U.S. Constitution.

The bill turns on imprecise and subjective terms that would make interpretation, compliance, and enforcement extremely difficult. For instance, the bill establishes liability for acting on "perceived" sexual orientation, or "association" with individuals of a particular sexual orientation.... Provisions of this bill purport to give Federal statutory significance to same-sex marriage rights under State law. These provisions conflict with the Defense of Marriage Act, which defines marriage as the legal union between one man and one woman. The Administration strongly opposes any attempt to weaken this law, which is vital to defending the sanctity of marriage.

The White House concern about same-sex marriage stems from language in Section 8 of the Act: "An unlawful employment practice ... shall include [employment discrimination] ... that is conditioned, in a State in which a person cannot marry a person of the same sex, either on being married or being eligible to marry.

Vietnam Welcomes USCIRF Delegation; Suggests Discussions

A delegation from the U.S. Commission on International Religious Freedom is in Vietnam from Oct. 21 to Nov. 2 to discuss religious liberty and related human rights issues. (USCIRF release). Vietnam has been on the State Department’s list of Countries of Particular Concern until recently, and USCIRF has recommended it be placed back on the list this year. (See prior posting.) Today VietnamNet reports that Prime Minister Nguyen Tan Dung told the visiting delegation that Vietnam is willing to talk with the U.S. about their disagreements on religious freedom matters. He said, however, that there are differences in cultures and legal systems between the two countries, and that the U.S. delegation should avoid imposing its lopsided viewpoints about religious freedom in Vietnam. He also urged the delegation to study the situation of Vietnamese who suffer from Agent Orange dioxin contamination-- a result of U.S. action during the Vietnam War.

UPDATE: On Thursday, Thanhnien News published a transcript of a meeting between USCIRF members in Vietnam and Deputy Minister of Public Security Senior Lieutenant General Nguyen Van Huong. The U.S. delegation inquired of him about a number of religious and human rights issues.

Jewish Group Emphasizes To Congress the Religious Centrality of Jerusalem

As Secretary of State Condoleeza Rice is about to appear before the House Foreign Affairs Committee, the Union of Orthodox Jewish Congregations announced yesterday that it is delivering educational materials to members of Congress emphasizing the centrality of city of Jerusalem in the religion and history of the Jewish people. The material includes a copy of Rabbi Aryeh Kaplan's book, "Jerusalem: Eye of the Universe" (excerpts). The OU's director of public policy, Nathan Diament, said:

With political leaders stating or implying that Jerusalem might be redivided for the sake of a "peace process," we must remind them of basic principles. The holy city of Jerusalem has been central to the spirituality and destiny of Jews for millennia. Forty years ago, Jerusalem was rescued from languishing as a divided city. During the period of 1948-1967, when the city was under Arab jurisdiction, Jews and Christians were barred from their holiest sites. Many holy sites were damaged or destroyed. Western Jerusalem was subjected to daily sniper fire. The duly enacted policy of the United States of America is the recognition that the holy city of Jerusalem as the indivisible capital of the State of Israel.

Myanmar Uses Force Against Monks; Unsettles Society

Today's New York Times reports that in Myanmar, fundamental Burmese values have been unsettled by the government's successful use of force against Buddhist monks who have been demonstrating against the increased poverty and deprivation of the country's population. The Times says: "For decades, two powerful institutions have shaped Burmese life: the 500,000-member Buddhist clergy, which commands a moral authority over the population, and Senior Gen. Than Shwe’s junta, whose 450,000-strong military controls the population through intimidation. Their uneasy coexistence has shattered.... The guns have prevailed over mantras, at least for now." A shop owner in Yangon says his young son now fears becoming a soldier because he may have to kill a monk.

Establishment Clause Claim From Required AA Treatment Is Dismissed

In Davis v. City of New York, 2007 U.S. Dist. LEXIS 78031 (EDNY, Sept. 28, 2007), a police officer in the NYPD alleged a number of constitutional and statutory violations stemming from police officials forcing her into treatment for alcoholism. One of her claims-- that the city violated the Establishment Clause by placing her in a religious-based Alcoholics Anonymous program-- was dismissed because plaintiff alleged only that the AA program was "religious-based", and did not allege that she was forced to pray or worship any god. (See prior related posting.)

Pearland Texas School Board Debates Prayer At Meetings

Yet another school board is battling over whether to continue a long-standing practice of opening its meetings with prayer. This time it is the Pearland Texas Independent School District, near Houston. KTRK TV reported yesterday that Suzy Roberts, one of the board's newest members, questioned the practice at a meeting and then at a board workshop. The suggestion outraged Baptist minister, Reverend Mike Hogg, who showed up with over 200 people at this month's board meeting to press for prayer to remain. Board member Roberts however says that the board should be focusing on excellence in education. She said: "If I'm a Muslim child and the board only prays to Jesus Christ,... I would think, 'Maybe my school doesn't think I matter'."

Proposed Thai Law Will Protect Buddhism

Thailand's National Legislative Assembly today will consider a bill that is designed to protect and promote the Buddhist religion. Today's Bangkok Post reports that the proposed law will impose a jail term of 10-25 years and/or a fine of 500,000-1,000,000 baht (approx. US$16,000 to US$32,000) for insulting, offending, imitating and distorting Buddhism and the Lord Buddha. It calls for a jail term of 5-10 years and/or a fine of 100,000-500,000 baht for damaging Buddhist objects, personnel and places. A similar sentence will be imposed on anyone having sexual relations with a monk, novice or nun, and enhanced penalties are prescribed for assaulting a monk, novice or nun. Also, for the first time, the bill recognizes and promotes the status of nuns in Buddhism. The bill also calls for the creation of a government committee, chaired by the Prime Minister, to promote and protect Buddhism.

Tuesday, October 23, 2007

Christian Evangelicals Oppose Employment Non-Discrimination Act

Christianity Today reports that a number of conservative Christian evangelical leaders have spoken out against the Employment Non-Discrimination Act (ENDA), HR 3685, which will come before the House of Representatives for a vote tomorrow. The bill would prohibit employment discrimination on the basis of sexual orientation. The bill exempts religious organizations and religiously supported educational institutions where the curriculum "is directed toward the propagation of a particular religion". However it would not exempt para-church organizations or independent pro-family movements. Colin A Hanna, president of Let Freedom Ring, said that he is not opposed to non-discrimination laws but is opposed to perverting the language of discrimination to advance the political goals of the homosexual agenda. Provisions in an earlier version of ENDA that would have also banned employment discrimination against trans-gendered individuals was split of into a separate bill after it appeared that there was greater opposition to that proposal. (Advocate.com).

California School Board Split Over Motto In Classrooms

In Bakersfield, California, the 5-member Kern High School District board of trustees is badly split over competing proposals to place "In God We Trust" posters in classrooms. Yesterday's Bakersfield Californian reported that originally trustee Chad Vegas proposed placing the motto in all classrooms. Then he modified his proposal, suggesting that it be placed there along with the U.S. Constitution, the Bill of Rights and the Declaration of Independence. He says that understanding the link between faith and country is necessary to understand the nature of the United States. Two of the trustees have been opposed to the plan, and yesterday trustee Bryan Batey said he could only support placing the documents in civics and history classrooms. Trustee Joel Heinrichs who opposes the plan says it is offensive to equate patriotism and faith.

Maldives Constitution Drafting Delayed Over Issue of Shariah

In the Maldives, the process of drafting a Constitution has been delayed by a controversy over whether the document should outlaw acts prohibited by Shariah and protect all conduct not prohibited by Islamic Shariah law. Minivan News today reports that President Maumoon Abdul Gayoom's brother-in-law, Abbas Ibrahim, is proposing that the clause embodying Shariah be added. Opponents say that the proposal effectively undercuts the separation of powers in the new constitutional draft. Since there is disagreement on many details of Shariah, this would permit the Executive to define what is and is not illegal. Malidvian Democratic Party member Ibrahim Ismail says that the government is using religion as an excuse for delaying the new constitution.

Mistrial In Holy Land Foundation Prosecution

The New York Times reports that yesterday in Dallas (TX), a federal judge declared a mistrial in the case against the Holy Land Foundation and five of its supporters. (Full text of indictment.) The jury acquitted one of the defendants, Mohammed El-Mezain, on all but a conspiracy charge against him. It was unable to agree on a verdict on the charges against the other defendants (or on the conspiracy charge against El-Mezain)-- leading to the mistrial. At trial the prosecution attempted to show that the Foundation supported terrorism by sending over $12 million to Muslim charitable groups (zakat committees) controlled by the terrorist organization Hamas. Some of the defendants had family ties to Hamas leaders. The Holy Land Foundation had been the largest Muslim charity in the United States until the government froze its assets in 2001.

The Dallas Morning News reports that U.S. Muslim leaders were relieved by the verdict. At a Dallas news conference, Mahdi Bray of the Muslim American Society Freedom Foundation said: "The American Muslim community is protected under the First Amendment. Feeding people is not a crime and we aren't going to let the American government make it a crime."

Churches Lack Standing To Challenge Oklahoma Illegal Immigrant Law

A Tulsa, Oklahoma federal judge yesterday ruled that a group of churches and church leaders lack standing to challenge the constitutionality of Oklahoma's new "Taxpayer and Citizens Act" (HB 1804). The new law makes it illegal to transport, hire, harbor, house or conceal illegal immigrants. It also requires local law enforcement authorities to check on immigration status, and effectively ends state benefits for illegal immigrants. NewsOK reports on the decision and says that the National Coalition of Latino Clergy and Christian Leaders that-- along with several other plaintiffs-- filed the action will amend its complaint and refile it within the next few days. The law is scheduled to go into effect Nov. 1.

UPDATE: The Oklahoma City Journal Record reports that the lawsuit was refiled on Thursday, this time adding as a plaintiff a restaurant that claims it has lost 40% of its business as a result of the passage of HB 1804.

Israel's Justice Minister Opposes Proposed Constitutional Compromise On Religion

In a speech to the Knesset two weeks ago, Israel's Prime Minister Ehud Olmert strongly supported ongoing efforts by the Knesset's Constitution, Law and Justice Committee to come up with a draft of a Constitution. The compromise now under consideration would prohibit the High Court of Justice from exercising "judicial oversight" on various matters of religion and state - including marriage and divorce, religious conversion, the nature of the Sabbath and Jewish holidays in the public domain, Jewish dietary laws at state institutions and the granting of Israeli citizenship under the Law of Return. Under the proposal, Knesset legislation on religious matters could not be invalidated by the Court because it violates principles of equality, or other constitutional protections. So, for example, legislation that prohibited women from serving as judges on rabbinical courts would be protected. However today Haaretz reports that Israel's Justice Minister Daniel Friedmann is opposed to this compromise between secular and religious forces.

Monday, October 22, 2007

Ohio Court Refuses To Enforce Muslim Dowry Obligation

Saturday's Columbus Dispatch reports on an Oct. 10 decision by the Franklin County (OH) Common Pleas Court. Domestic Relations Judge Dana S. Preisse ruled that a promised dowry ("mahr") is unenforceable. Ruling against a Muslim woman, the judge said: "the obligation to pay $25,000 is rooted in a religious practice, the dowry is considered a religious act, not a legal contract ." Now-divorced Raghad Alwattar argued that the dowry was part of an enforceable pre-nuptial agreement. The judge ruled, however, that a prenuptial agreement must be entered into without duress. Here husband Mohammed Zawahiri was hurried into making the agreement only a few minutes before the wedding. In some other states, this sort of contract has been enforced. Columbus imam Mouhamed Tarazi says that after this case he will require grooms to sign a promissory note for the mahr so it will be enforceable in civil court.

Dalai Lama's Bloomington Visit Sparks Controversy Over City Hall Displays

Beginning Tuesday, the Dalai Lama will be spending six days in Bloomington, Indiana to visit the Tibetan Culture Center and to lecture at the University of Indiana. (Cincinnati Enquirer.) To mark the visit, Bloomington Mayor Mark Kruzan placed an exhibit in Ciy Hall. It includes photographs and craft work of Tibet, religious cloth paintings, a Peace Tree and statues of Buddha. A group of Christians however claim that they should be permitted space for a similar display. Friday's WorldNet Daily reports that they showed up at City Hall with two stone tablets containing the Ten Commandments and set them up on a table in front of the display of Buddhist artifacts. One participant read a statement saying: "These commandments are our symbol of peace, and we want to include them with the city's display to promote religious enlightenment. We ... do not agree with the ideology of the Dalai Lama or Buddhist beliefs – we are Christians and believe in one God, our Lord and Savior Jesus Christ."

In response to the city's contention that its display of Tibetan objects is cultural, not religious, Christian activist Amy Bernitt said the Ten Commandments also are cultural and artistic because they are carved from limestone for which the Bloomington area is famous. The city quickly removed the Ten Commandments after the brief ceremony.

Study of Florida's Faith-Based Prison Program Released

Last week, the Urban Institute Justice Policy Center released a report on Florida's faith-based prison rehabilitation program titled Evaluation of Florida's Faith- and Character-Based Institutions. The report concluded:

Staff, inmates, and volunteers overwhelmingly find value in the FCBI model and believe that it is achieving its goals of changing inmate behaviors, preparing inmates for successful reentry, and ultimately reducing recidivism. Respondents feel that, in particular, the FCBI experience helps promote family reunification and employment prospects upon release, while also improving the prison environment for inmates, volunteers, and staff.

... At six months after release, male FCBI inmates have lower reincarceration rates than a matched comparison group of inmates housed in general population FDOC facilities.... [However] the differences between the two male groups are not statistically significant at twelve months post-release, nor are the differences between female FCBI participants and their matched comparisons at either six or twelve months after release.... [C]orrections officials may ... wish to replicate the impact analysis ... in a year’s time, when the sample sizes are more likely to yield results in which they can have increased confidence.

The Report also concluded: "The FCBI model is carefully administered to avoid many of the conflicts with the principle of church-state separation that have led to challenges of other faith-based prison programs."

Role of Maldives Government Over Religion Debated After Extremist Bombing

A full-blown church-state controversy seems to have broken out in the Maldives according to a report by Minivan News yesterday. After a bombing in Male last month which injured 12 tourists, President Maumoon Abdul Gayoom has called for a ban on preaching by foreign clerics and for the criminalizing words or actions likely to encourage extremism. Grayoom has also written the government-appointed Supreme Council for Islamic Affairs [background], instructing it to impose a ban on the full-face veil. However the conservative Adhaalath Party has called on supporters to ignore the President's directive and the Supreme Council says it has not decided how to respond to it. More broadly, Supreme Council chief Sheikh Rasheed is supporting a bill to make the Council independent of the President. The Adhaalath Party argues that the government, instead of enacting criminal sanctions, should rely on Islamic scholars to reform religious dissidents.

Sunday, October 21, 2007

Values Voter Summit Hears From Republican Candidates

The New York Times reports on the Values Voter Summit in Washington that ended yesterday. The meeting was an attempt by Christian conservatives to focus on which Republican Presidential candidate to support. Rudolph Giuiliani's speech [excerpts] was described at the "most anticipated", as he attempted to overcome concerns that conservative Christian voters have about his stands on abortion and gay rights, as well as his personal life. In a straw poll among attendees, Mitt Romney came out first, with Mike Huckabee second, and Ron Paul third. Giuiliani came in eighth out of the nine candidates, followed by John McCain.

Indian State Bans Private Publishing of Sikh Scriptures

In the Indian state of Punjab, the Cabinet this month agreed to the promulgation of an Ordinance to ban private publishing houses from publishing the Sikh scriptures, Sri Guru Granth Sahib. World Sikh News on Friday reported on developments. The new law will give a monopoly on publishing to the official Shiromani Gurdwara Parbandhak Committee (SGPC). The announcement has led Punjab’s oldest publisher, B. Chattar Singh Jiwan Singh, to stop its publication of the Sikh scriptures. The government acted after two relatives of Harbhajan Singh, the owner of the private publishing house, were dragged and beaten by hardliners who alleged that copies of the scriptures published by them were being transported in a way that was not in accord with Sikh law.