Parents Challenge Nebraska's Metabolic Screening Requirement

Mary and Josue Anaya of Omaha , Nebraska have filed suit in federal district court challenging on religious grounds the constitutionality of Nebraska's requirement that all newborns be screened for various metabolic conditions. Yesterday's Omaha World-Herald reports that the couple is also appealing the state court decision that led to their 6-week old son being temporarily placed in foster care so the testing could be carried out. (See prior posting.) This is not the first time that the Anaya's have pressed this issue. (background). In 2005, the Nebraska Supreme Court rejected a similar constitutional challenge to the metabolic screening law brought when the state insisted on testing their daughter who was born in 2003. (Douglas County, Nebraska v. Anaya, NE Sup. Ct., 2005). Nebraska is one of the few states that has no religious exemption to its screening requirement. (See prior related posting.)

Columbus Ohio School Board Candidates Debate Religion In Schools

Today's Columbus (OH) Dispatch reports on a debate yesterday featuring nine of the ten candidates for Columbus school board. One questioner asked candidates whether they support teaching creationism, open prayer in public schools and students' learning from religious texts. Candidate Mike Wiles replied, "Yes." He later explained that teaching religion to students and exposing them to creationism would make them more well-rounded. He said he does not support separation of church and state. Incumbent candidate Carol L. Perkins said it was a disservice to take organized prayer out of schools, but she did not think it could be returned under present law. She advocated giving students an opportunity to say a silent prayer. Most of the other candidates said they would limit teaching about religion to courses on world cultures. [Thanks to Scott Mange for the lead.]

Anti-Abortion Protesters Lose Free Exercise and Speech Claims

In two separate opinions, a Pennsylvania federal district court has rejected free exercise and free speech claims asserted by two anti-abortion protesters who were prevented by police officers from picketing in an alley that ran next to a York, Pennsylvania Planned Parenthood facility. The court held that the police officers' directives to the protesters were neutral and generally applicable, applying to picketers regardless of their views. The restrictions were narrowly tailored and permitted the protesters to carry signs and distribute literature on sidewalks near the building. There was no evidence that the restrictions were motivated by disagreement with the views of the protesters. The cases are McTernan v. Barth, 2007 U.S. Dist. LEXIS 78567 (MD PA, Oct. 23, 2007), and Snell v. Camacho, 2007 U.S. Dist. LEXIS 78516 (MD PA, Oct. 23, 2007). (See prior related posting.)

AT&T Loses Religious Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission yesterday announced a $756,000 verdict in a religious discrimination lawsuit in federal district court in Jonesboro, Arkansas. The jury ordered AT&T to pay two Jehovah's Witnesses back pay and compensatory damages for violating Title VII of the 1964 Civil Rights Act. AT&T suspended and then fired two customer service technicians for taking one day off work to attend a week-end long religious convention. The employees, whose religious beliefs required them to attend the convention, had submitted written requests to their manager for permission to attend.

Trial of Westboro Church Anti-Gay Funeral Picketers Opens

Yesterday's Baltimore Sun reports on the opening in Baltimore's federal district court of the trial charging Westboro Baptist Church and its leaders with intentional infliction of emotional distress and invasion of privacy for the picketing of the funeral of Iraq veteran Matthew Snyder. (See prior posting.) Defendant Shirley Phelps-Roper, representing herself, told jurors that protesters remained out of sight, 1,000 feet away from the funeral of Lance Cpl. Snyder. She said that plaintiff Albert Snyder did not even see the picketers on his way to his son's burial. However Snyder's attorney told jurors that his client knew about the protests as he went to the funeral, and that since the funeral Snyder has suffered complications from diabetes. Westboro members regularly picket veterans' funerals to protest alleged U.S. acceptance of homosexuality. Among the signs carried near Snyder's funeral was one that read "Thank God for dead soldiers."

White House Hosts Faith-Based Conference on Human Trafficking

Yesterday, according to a White House news release, the White House Office of Faith-Based and Community Initiatives hosted a forum on "Faith-Based and Community Solutions to Combat Human Trafficking". The program was part of the Office's Compassion in Action Roundtable series. The conference focused on the role of faith-based organizations in "fighting for those coerced into bonded labor, bought and sold in prostitution, exploited in domestic servitude, enslaved in factories and captured to serve unlawfully as child soldiers."

Israel's High Court Overrules Rabbinate's Approach To Sabbatical Year Rules

Haaretz, Arutz Sheva and the Jerusalem Post all report on yesterday's decision by Israel's High Court of Justice that effectively forced the country's Chief Rabbinate to adopt a more liberal interpretation of rules governing agriculture in the country during this Sabbatical year. In the past, Orthodox rabbis in Israel have permitted the sale of produce grown on land technically "sold" to a non-Jew during the year in which Jewish-owned land in Israel is supposed to lie fallow according to religious law. This year, however, the Chief Rabbinate deferred to local rabbis, some of whom refused to certify as kosher produce grown under this legal loophole (known as "heter mechira"). (See prior posting.)

The 3-judge panel of the High Court ordered the Chief Rabbinate to exercise its authority to authorize kashrut certificates for produce grown under heter mechira. In the lawsuit filed by the Plants Production and Marketing Board, the Israel Farmers Federation, and a group of farmers and marketers, the High Court criticized the informal telephone poll that the Chief Rabbinate used to change its prior policy. The court also said that the Rabbinate's had no authority to take this more stringent stance unnecessarily, that its new approch seriously harmed farmers' livelihood, leads to discrimination and results in inequality due to the high prices of produce. The Court, according to Justice Rubenstein, was not expressing a Halakhic (Jewish legal) opinion, but was instead ruling on the administrative validity of the decision by the Chief Rabbinate.

For those interested in following Israeli issues closely, Joel Katz has a new blog and weekly E-Newsletter, Religion and State In Israel. A link to it is also in the Religion Clause sidebar.

5th Circuit Affirms Teacher's Parental Rights Win

Barrow v. Greenville Independent School District, (5th Cir., Oct. 23, 2007), is the latest decision in a long running challenge by a Greenville, Texas public school teacher who was passed over for promotion to Assistant Principal because she refused to move her own children from a private religious school to public school. The court held that under the law of the case, the district court was correct in applying strict scrutiny to the teacher's parental rights claim, even after the jury decided that teacher Karen Jo Barrow's free exercise rights were not infringed. The 5th Circuit also upheld the lower court's award of attorneys' fees to Barrow.

British Consistory Court Refuses Widow's Request To Move Husband's Remains

In the British town of Exeter, a widow, Dorothie Warwick, has lost her bid to have her deceased husband's ashes exhumed and reburied at the Exeter and Devon Crematorium where she could eventually be buried along side him. Her husband, Arthur, is now buried next to his parents in Exeter. Today's London Telegraph reports that while the Exeter City Council granted a license for exhumation, apparently the Church of England Consistory Court has final say in the matter since Arthur is now buried in consecrated ground. The Consistory Court has refused the request, which would involve moving Arthur's remains to unconsecrated grounds, saying that Mrs. Warwick's desire to be buried with her husband away from her in-laws is not a strong enough reason to depart from the normal rule that "a Christian burial is intended to be once and for all".

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.

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."