TRO Against Anti-Muslim Group Extended

Yesterday a federal district court in Dallas, Texas extended an earlier temporary restraining order against Joe Kaufman and his organization, Americans Against Hate. The original TRO was aimed at planned protests at Six Flags Amusement Park during Muslim Family Day at the park earlier this month. The TRO barred Kaufman from threatening members of various Muslim organizations. Kaufman had used his website to encourage protests against sponsors of the Family Day who he referred to as "radicals", "extremists" and "jihadists", because of their connection to the Holy Land Foundation, a group listed as an unindicted co-conspirator in the recent Holy Land Foundation terrorism financing case. Today's Dallas Morning News reports that in obtaining an extension of the TRO, plaintiffs' attorney Don Fulton argued that Muslim groups are still being targeted on Mr. Kaufman’s Web site. Kaufman has posted photos and addresses of local mosques affiliated with the North American Islamic Trust. Fulton says this encourages violence against them. The court rejected Kaufman's argument that it lacked personal jurisdiction over him.

Military Funeral Flag Script Dropped After Objection To Jewish References

At military funerals, it has been a tradition if requested by the family for the honor guard to fold the flag that covered the veteran's coffin 13 times and to recite a script developed by veterans' groups that suggests an inspirational meaning for each fold. Now, according to Friday's Military Times, the National Cemetery Administration has banned the ceremony at all funerals after receiving a complaint about the language describing the 11th fold: "The eleventh fold, in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Isaac, and Jacob." The Chico (CA) Enterprise Record says that the complaint originated with a funeral at Southern California's Riverside National Cemetery.

The script accompanying the 12th fold also mentions religion: "The twelfth fold, in the eyes of a Christian citizen, represents an emblem of eternity and glorifies, in their eyes, God the Father, the Son, and Holy Ghost." Last July, the Air Force secularized the script used at its funerals. (See prior posting.) [Thanks to Scott Mange for the lead.]

Breakaway Presbyterians In Ohio Keep Church Property

In November 2006, members of the Hudson (OH) Presbyterian Church voted 166-61 to disaffiliate from the Presbyterian Church USA. It has since been operating independently, but two weeks ago voted to affiliate with the New Wineskins Association of Churches. After the vote-- which was prompted by disagreements over theological and policy issues-- those remaining loyal to the PCUSA were designated by the Eastminster Presbytery as the true Hudson Presbyterian Church. However, according to the Akron Beacon Journal, a Summit County Common Pleas Court magistrate ruled on Friday that the church's property belongs to the majority breakaway group. Magistrate John Shoemaker rejected the argument that the church property was held in trust for the denomination as defined in the PCUSA constitution. The decision is consistent with one by a New Hampshire court earlier this month. (See prior posting.)

UPDATE: Here is the full text of the magistrate's opinion in Hudson Presbyterian Church v. Eastminster Presbytery, (OH Com. Pl., Summit Co., Oct. 23, 2007). [Thanks to Ed Koster for sending along the opinion.]

UPDATE: The Christian Post on Monday reports on the fourth annual Convocation of the New Wineskins Association of Churches beig held this week. It will create a non-geographical Transitional Presbytery for the increasing number of congregations leaving the PCUSA to seek New Wineskins membership.

Prisoner Claim Raises Holiday Decoration Issue In New Context

An obscure prisoner case has raised the issue of holiday decorations in a new context. In Spence v. Federal Correctional Institute, 2007 U.S. Dist. LEXIS 75398 (WD LA, Oct. 9, 2007), affirming Magistrate's recommendation and report, 2007 U.S. Dist. LEXIS 77617 (WD LA, Sept. 12, 2007), a prisoner claimed that his free exercise rights had been violated when an officer at a federal correctional facility in Pennsylvania ordered him to assist with installation of a Santa Clause and reindeer being put up in the prison as holiday decorations. Eugene Spence said that assisting was in conflict with his beliefs as a Muslim and requested another job assignment. However prison authorities refused, saying that the decorations were non-denominational. In this decision, the court merely transferred the case from Louisiana to a Pennsylvania federal court, thus temporarily avoiding the merits of the claim.

Some Wisconsin Amish Object To Obtaining Building Permits

Sunday's LaCrosse, Wisconsin Tribune reports on a small group of conservative Amish in Albion, Wisconsin who object on religious grounds to taking out building permits before constructing homes or driveways. Eric Gove, an Amish friend of some of the objectors, says that Amish beliefs create problems with granting officials a right of inspection. Some also object to signing the permit because it violates the Biblical verse in 2 Corinthians that reads: "Be not unequally yoked together with non-believers." Beginning in July, the town cited five Amish men for noncompliance with permit requirements, which could lead to fines of $10 to $1000 per day.

Recent Articles of Interest

From SSRN:

• Martha Jane Bailey, Beverley Baines & Bita Amani, Expanding Recognition of Foreign Polygamous Marriages: Policy Implications for Canada, (Queen's Univ. Legal Studies Research Paper No. 07-12, 2006).


• Muriel Morisey, Flag Desecration, Religion and Patriotism, (Rutgers Journal of Law and Religion, Vol. 9, 2007).


• Robert A. Sedler, Essay: The Protection of Religious Freedom under the American Constitution, (Wayne State University Law School Research Paper No. 07-37).


• Benjamin Straumann, The Peace of Westphalia (1648) as a Secular Constitution, (September 2007).

Other:

• Journal of Church and State , Vol 49, No. 3 (Summer 2007) has recently been published.

Roots of Spain's Church-State Tensions Go Back to Spanish Civil War

In Spain, tensions between the Catholic Church and the country's current Socialist government revive tensions and memories from the bloody Spanish Civil war of 70 years ago. Today's Los Angeles Times reports that in addition to the offering of classes in Catholicism under an arrangement that dates back to post-Civil War rule of Francisco Franco, Spain's government has now introduced a new mandatory "education for citizenship" course. The Church claims that the new offering contradicts Church teachings by advocating the acceptance of homosexuals. The church's liaison to the Education Ministry, Sister Maria Rosa de la Cierva, says: "This is a frontal assault on the Catholic religion. This is an authentic scholastic war . . . and part of a clear persecution, little by little, of the Catholic faith." The Church wants students to be able to opt out of the new course, and several months ago LifeSite News reported that at least some religiously-operated schools are offering that option.

Meanwhile, in another move that heightens tensions, USA Today reports that the Vatican has beatified 498 victims of the anti-Catholic persecution that began in 1931 and became an excuse for Nationalists to launch a rebellion that ultimately placed Franco in power. This declaration of martyrdom comes just three days before Spain's Parliament is to enact a Socialist-sponsored law that will condemn Franco and call for the removal of tributes to him around the country. (See prior posting.) The ceremony today in St. Peter's Square in Rome is the largest mass beatification ceremony the Church has ever held.

Catholic Bishops Debating Draft Of Election Year Guide

Saturday's New York Times discusses the challenge facing Catholic bishops when the meet in Baltimore next month to consider the draft of their 2008 statement on political responsibilities of Catholics. This election year's draft is titled "Forming Consciences for Faithful Citizenship". The bishops do not want this to be a partisan voters' guide. However debate looms on how prominent the abortion issue should be in the guide as well as on why the war in Iraq is not a more prominent part of the statement. The guide, issued each Presidential election year since 1976, regularly deals with a broad range of social issues.

Canadian Bill Would Require Muslim Women To Uncover Face Before Voting

In the Canadian Parliament on Friday, the government introduced a bill that would require all voters, including veiled Muslim women, to identify themselves with their faces uncovered in order to vote. Bill C-6 provides an exemption only when uncovering one's face would be harmful to the prospective voter's health. Reporting on the bill, Friday's Toronto Globe & Mail indicated that election officials would have flexibility in administering the law in order to respect religious beliefs. For example, Elections Canada could allow Muslim women to uncover their faces behind a screen with only a female elections official present. The introduction of the bill follows political criticism of Quebec's election officials who said they would permit women wearing a niqab to identify themselves with their faces covered. (See prior related posting.)

Kansas Supreme Court Temporarily Halts Grand Jury Probing Abortion Provider

The state of Kansas has a provision that requires a grand jury to be summoned in a county upon a petition of 100 plus 2% of the total number of votes cast for governor in the county in the last election. (K.S.A. § 22-3001). Following the lead of Sedgwick County citizens, a coalition of anti-abortion groups has just filed a petition to impanel a grand jury in Johnson County, Kansas to investigate whether a Planned Parenthood clinic has violated the state's abortion law. (Background). Meanwhile, according to the Kansas City Star, on Friday the Kansas Supreme Court issued an order temporarily blocking the Sedgwick County grand jury convened in this manner from proceeding. Wichita abortion provider George Tiller, the object of the investigation, alleged that the proceedings amount to harassment. The Supreme Court ordered two Sedgwick County judges to respond to Tiller's petition to the Supreme Court.

No Free Exercise Issue In Church's Flea Market Restrictions

In Shaffer v. Jones, 2007 U.S. Dist. LEXIS 79117 (ND IN, Oct. 5, 2007), an Indiana federal district court dismissed free exercise and equal protection claims brought against the the manager of a flea market, holding that the manager was a private individual and was not acting under color of law. The market apparently was operated by the Embassies of Christ Church. Plaintiff James Shaffer alleged that the manager, Jerwan Jones, told him that he worshiped a false God and was going to hell. Jones warned Shaffer that if he did not remove all non-Christian items from his booth space, he would no longer be allowed to operate at the market. The court said: "The Constitution does not prevent a church from restricting the message presented at an event it is running."

UN Religious Freedom Official Worries About Abuse of Religious Power

Two recent speeches by Asma Jahangir, the United Nations Special Rapporteur for Freedom of Religion or Belief, are in the news as the UN official expresses concern about blasphemy laws and about illegal conduct undertaken in the name of religion.

In an Oct. 25 speech to the NGO, Committee for Freedom of Religion or Belief, she warned against countries going too far in banning defamation against religion. According to the Adventist News Network, Jahangir argued that "objective criticism" of religion is a human right, and expressed concern that blasphemy laws can be used to silence dissent. She also rejected analogies between racial hatred and religious hatred, saying: "religion is unlike race -- you cannot proselytize to change [your] race. There are serious differences."

Speaking on Oct. 26 before the General Assembly’s Social, Humanitarian and Cultural (Third) Committee, Jahangir warned against the use of religion as an excuse for criminal action that encroaches on the rights of others. A UN News Centre release quotes her: "No impunity should be awarded when criminal acts which infringe on the human rights of others are given a religious label. At the same time, all governmental actions should be proportionate, abide by the rule of law and respect the applicable international human rights standards."

NYT Article Focuses On Splits In Evangelical Movement

Today's New York Times Magazine carries a feature article by David D. Kirkpatrick titled The Evangelical Crackup. It discusses at length generational and theological splits in the evangelical Christian movement. Here is an excerpt:

For the conservative Christian leadership, what is most worrisome about the evangelical disappointment with President Bush is that it coincides with a widening philosophical rift. Ever since they broke with the mainline Protestant churches nearly 100 years ago, the hallmark of evangelicals theology has been a vision of modern society as a sinking ship, sliding toward depravity and sin. For evangelicals, the altar call was the only life raft — a chance to accept Jesus Christ, rebirth and salvation. Falwell, Dobson and their generation saw their political activism as essentially defensive, fighting to keep traditional moral codes in place so their children could have a chance at the raft.

But many younger evangelicals — and some old-timers — take a less fatalistic view. For them, the born-again experience of accepting Jesus is just the beginning. What follows is a long-term process of “spiritual formation” that involves applying his teachings in the here and now. They do not see society as a moribund vessel. They talk more about a biblical imperative to fix up the ship by contributing to the betterment of their communities and the world. They support traditional charities but also public policies that address health care, race, poverty and the environment.

Employment Discrimination Suit Filed Against New York Synagogue

The New York Sun reported Friday on a discrimination suit filed in New York state court by two former administrators against a prominent Manhattan synagogue, Temple Emmanu-El. Plaintiffs Marion Hedger and Phyllis Treichel allege they were fired because of their age and because they were not Jewish as the synagogue attempted to change the image of its religious school.

6th Circuit Says Christian High Schoolers Can Cahllenge Anti-Harassment Code

Yesterday in Morrison v. Board of Education of Boyd County, (6th Cir., Oct. 26, 2007), the U.S. 6th Circuit Court of Appeals rejected mootness and standing challenges to a claim brought by Christian high school students and their parents who argued that Boyd County (KY) High School students’ First Amendment speech rights were “chilled” by the school’s anti-harassment/ discrimination policy. More specifically, plaintiffs alleged that the speech codes in effect during the 2004-05 school year (and later changed) prevented Christian students from expressing their views that homosexuality is sinful, and that the speech codes and related anti-harassment training undermined students’ ability to practice their Christian faith.

In a 2-1 decision, the majority held that “an allegation of a past chill of First Amendment-protected activity is sufficient to confer standing to a plaintiff seeking retrospective relief, even when that relief comes in the form of nominal damages…. [T]o establish such a claim, a plaintiff must show that the defendant’s actions or policy would deter a person of ordinary firmness from exercising his or her First Amendment liberties in the way that the plaintiff alleges he or she would have, were it not for the defendant’s conduct or policy.”

Judge Cook, dissenting, said: "'This is a case about nothing.' The majority burdens a federal district judge with a full-blown trial to determine whether to award the plaintiff a single dollar if a policy no longer in effect was unconstitutional despite never being enforced against the plaintiff.”

The appeal brought together unusual allies. Both the ACLU and the Alliance Defense Fund praised the 6th Circuit’s result. The AP reported on the decision. (See prior related posting.)

Suit Challenges Illinois' Moment-of-Silence Law

In Chicago, high school freshman Dawn Sherman and her father, a radio talk show host, have filed suit against Gov. Rod Blagojevich and Township High School District 214 challenging the constitutionality of Illinois new law mandating a moment of silence each school day. (See prior posting.) The Associated Press report quotes Sherman: “What we object to is Christians passing a law that requires the public school teacher to stop teaching during instructional time, paid for by the taxpayers, so that Christians can pray.” This is not Sherman’s first church-state lawsuit. He previously sued to remove religious symbols from city seals and to ban Boy Scouts from meeting at public schools.

UPDATE: On Monday, according to the AP, Illinois U.S. District Judge Robert Gettleman refused to issue a temporary restraining order to prevent District 214 and Buffalo Grove High School from holding a moment of silence, after school officials agreed they would not mention religion in carrying out the law. However the court permitted the suit challenging the law to move ahead and scheduled another hearing for next month. The judge suggested that Sherman drop the Governor as defendant and replace him with the state board of education.

County To Provide Tax Exempt Financing For Parochial School Construction

The Toledo- Lucas County (Ohio) Port Authority Board of Directors has approved a bond inducement resolution indicating that it plans to issue up to $12 million in bonds to provide tax-exempt financing to the Catholic Diocese of Toledo for construction and renovation of six elementary school buildings. Today's Toledo Blade reports that payment of the bonds will be backed by a bank letter of credit, and not by the Port Authority. Michael Frank, chairman of the Board's finance committee, said that the facilities being built or renovated will be used solely for education, and not for religious purposes.

British Prime Minister Announces Plans To Create Constitution and Bill of Rights

In an important speech today at the University of Westminster, British Prime Minister Gordon Brown announced the initiation of a national consultation to draw up a Bill of Rights and create a written constitution for the United Kingdom. Currently Britain's constitution is a collection of basic laws and unwritten traditions. A UK government press release sets out the full text of the Prime Minister's remarks. Part of his lengthy speech focused on the history of religious tolerance in Britain. Here are excerpts:

First, I trace the historical roots of liberty in Britain to a struggle for tolerance, by which I mean also a gradual acceptance of pluralism - a notion of political liberty that would allow those of different denominations and beliefs to coexist peacefully together.... This did not happen all at once, or without setbacks and struggle. The flames of religious intolerance burned across this land too. But never as strongly as in continental Europe....

[W]e should neither glorify nor distort what has gone before - and the struggles, both the ups and downs, of empire are not long behind us - to uphold a particular view of where we are now or what we can become. So we need to recognise, for example, that it took until 1829 for Catholic emancipation, even later for legislation ending discrimination against the Jewish community..... But the single most powerful thread that runs though our history is a succession of chapters in the defence of liberty and toleration. We gave refuge to Huguenots fleeing persecution in the 1600s. By the eighteenth century, London was arguably already the world's most diverse city - a situation which we can remain proud of in Britain to this day.

Head of White House Faith-Based Initiative Interviewed

Today's Waco, Texas Tribune-Herald publishes an interview with Jay Hein, director of the White House Office of Faith-Based and Community Initiatives. Among other things, Hein says he expects that his Office, created by Executive Order, will survive beyond the Bush administration. He said: "more and more public officials on both sides of the political aisle see the pragmatic value of this as a governing strategy." Asked about safeguards in maintaining separation of church and state in the program, Hein said: "We're setting the bar very high on understanding appropriateness, the appropriate use of public funds and the appropriate expression of faith in delivery of services."

Suit Challenges New York's Charter Schools Act and Blaine Amendment

The Gotham Legal Foundation announced yesterday that it has filed suit in federal district court in Manhattan challenging a provision in New York's Charter Schools Act that prohibits the state's issuance of a charter to any school "that would be wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine would be taught." That prohibition is required by provisions in the New York Constitution (Art. XI, Sec. 3). New York and other states adopted this kind of constitutional prohibition-- known as the Blaine Amendment-- in the late 19th century to prohibit public funding of Catholic schools.

The suit just filed was brought on behalf of the New Horizon Church Ministry that wishes to submit a charter application. The complaint in New Horizon Church Ministry v. Spitzer, (full text) claims that the Charter Schools Act and the state's Blaine Amendment violate federal constitutional guarantees of equal protection, free exercise of religion and free speech.Gotham Legal Foundation has posted online a series of questions and answers about the case.