Anti-Gay Funeral Picketers Ordered To Pay $10.9 Milliion In Damages

A federal jury in Baltimore, Maryland yesterday awarded $10.9 million in damages in the civil lawsuit against the homophobic Westboro Baptist Church and its leaders who had been sued over their picketing of the funeral of Marine Lance Cpl. Matthew Snyder. (See prior posting.) The Baltimore Sun and CNN report on the award to Snyder's father of $2.9 million in compensatory damages, followed by an award of $6 million in punitive damages for invasion of privacy and $2 million in punitive damages for causing him emotional distress. The award far exceeds the assets which defendants claim to have, though in closing arguments, plaintiff's attorney told jurors that they did not have to believe defendants' claims about their meager assets.

Churches Pledge Defiance As Oklahoma's New Immigration Law Takes Effect

Oklahoma's new HB 1804 that makes it a felony to harbor, house, conceal or transport illegal aliens, goes into effect today. The new law also requires state contractors to check on workers' immigration status and denies various state benefits to illegal immigrants. According to the Tulsa World, a federal judge late yesterday afternoon issued a ruling denying a preliminary injunction requested by opponents of the law. (See prior posting.) At Gov. Brad Henry's office in Oklahoma City on Tuesday, Richard Klinge, a representative of Catholic Charities, delivered over a thousand signed pledges to oppose and defy the law. (Joplin Globe report.) Most of the pledges were from from members of the predominantly Hispanic Sacred Heart Catholic Church in Oklahoma City. Klinge said: "The Catholic Church will not quit serving the needs of the poor. The Catholic Church will be there for them."

7th Circuit Holds Taxpayers Lack Standing To Challenge Indiana Legislative Prayer

Yesterday in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly, (7th Cir., Oct. 30, 2007), the U.S. 7th Circuit Court of Appeals, in a 2-1 decision, held that Indiana taxpayers lack standing to challenge the opening of Indiana legislative sessions with sectarian prayers. The majority applied two recent U.S. Supreme Court decisions-- DaimlerChrsyler Corp. v. Cuno, a 2006 case that held state taxpayer suits in federal court must meet the same criteria as federal taxpayer suits, and Hein v. Freedom from Religion Foundation, Inc., a 2007 case that interpreted federal taxpayer standing narrowly. The majority opinion in the 7th Circuit relied on the fact that there was no specific legislative appropriation establishing the program that invited guest ministers to deliver invocations. The majority said that the minimal costs associated with the program have nothing to do with the content of the prayers offered. Judge Wood dissenting argued that the House Rule calling for opening each session with prayer is a legislative act that creates a pocketbook injury to plaintiff taxpayers, and therefore gives them standing.

Covering yesterday's decision, the Indianapolis Star quotes ACLU attorney Ken Falk. He says if the legislature resumes sectarian prayer, his group would be willing to file suit on behalf of a person who would likely have standing-- someone who regularly attends legislative sessions and must listen to the prayers.

Meanwhile the American Jewish Committee issued a release saying that yesterday's decision "is extremely alarming because it denies taxpayers the right to challenge a legislative act that in practice gives preferential access to Christian clergy in determining who shall present a daily legislative prayer." Indiana Attorney General Steve Carter released a statement in support of the decision, saying: "Legislative prayer is a worthy act that I think the State should protect within relevant legal precedents."

Numerous prior postings on the case can be accessed at this link. Links to a recording of the Sept. 2006 oral arguments before the 7th Circuit , and to the earlier opinion staying the lower court's injunction pending appeal, are also available online.

Buddhist Chapel Added At Air Force Academy

At the U.S. Air Force Academy, prayer space for use by Buddhist students opened on Monday. Yesterday's Air Force Times reports that the new Vast Refuge Dharma Hall in the basement of the Academy's modernistic Chapel will serve the 26 Buddhist cadets currently enrolled in the Academy.

Virginia Case Raises Question of Private Enforcement of Charitable Trust Terms

A case pending in the Virginia Supreme Court may have an important impact on religious institutions in that state. Today's Lynchburg (VA) News-Advance reports that the case (which involves the use of donations to the former Randolph-Macon Women's College) raises the question of whether only the state's Attorney General can enforce the terms of a charitable trust, or whether private parties can also do so. A brief filed Monday by state Attorney General Robert McDonnell argues that private parties with a sufficient interest should be permitted to pursue enforcement of the terms of a charitable trust.

Murders For Witchcraft Use of Body Parts On Rise In South Africa

South Africa's Cape Times today reports on the rise of murders involving the theft of human body parts by practitioners of muthi. the problem is particularly acute in the province of KwaZulu-Natal. President of the KwaZulu-Natal Traditional Healers Association, Sazi Mhlongo, condemned the murders, saying that many people are confusing the witchdoctors practicing muthi with legitimate traditional healers.

7th Circuit Rules For Baptist Church In RLUIPA Zoning Case

Writing for the 7th Circuit in his usual engaging style, yesterday Judge Richard Posner in Digrugilliers v. Consolodated City of Indianapolis, (7th Cir., Oct. 30, 2007), reversed a district court's denial of a preliminary injunction in a religious land use case. At issue was whether in requiring a Baptist Church to obtain a variance in order to lease space for its religious services in a district zoned for commercial use, Indianapolis was violating the provision of RLUIPA that prohibits unequal treatment of religious institutions.

The Court of Appeals rejected two rather elaborate theories used by the district judge to deny relief to the church. The lower court said that since a religious use includes not only religious services, but also residential uses such as a rectory for the minister, churches would get preferential treatment if they were not required to obtain a variance. Second it said that a church could interfere with existing businesses because state law prohibits the sale of liquor or pornography within specified distances from any church. Judge Posner wrote: "Government cannot, by granting churches special privileges (the right of a church official to reside in a building in a nonresidential district, or the right of the church to be free from offensive land uses in its vicinity), furnish the premise for excluding churches from otherwise suitable districts."

Saudi King Urges British Muslims Toward Moderation

Yesterday's International Herald Tribune reports on the remarks made by Saudi Arabia's King Abdullah at a halal banquet given in his honor by Queen Elizabeth during the king's visit to Britain. Praising British toleration of "all races, creeds and color," King Abdullah said: "I should like to take this opportunity to call upon our Muslim brethren living in Britain to be honest and upright Muslims and worthy British citizens, striving to build and construct so that they may convey the true image of the principles of Islam, those eternal principles of love, mercy and moderation." These remarks come as a conservative British think tank, the Policy Exchange, released a report (full text) claiming that agencies linked to the Saudi government are distributing extremist literature to mosques and Islamic centers in Britain. Today's New York Sun has more on these charges.

New Poll Shows Voters Oppose Candidates Using Religion To Influence Election

The Interfaith Alliance released a new poll yesterday showing that 68% of all Americans, and 60% of those who attend religious services regularly, oppose presidential candidates using their faith or religion to influence voters. 81% of all those polled and 75% of those who attend religious services regularly believe it is important that the next president nominate Supreme Court Justices who will protect the separation of church and state. When respondents were asked how much influence clergy should have on voters' decisions, 57% of all respondents thought none or not much, while over 70% of those who do not attend religious services regularly thought clergy should have little or no influence on voting. The full report (Word.doc) gives additional statistical details. The October poll of 1010 people has a margin of error of 3.1%.

Article Explores Accommodation of Religious Anti-Gay Workplace Expression

An article in today's New York Law Journal explores the difficulties raised for employers under the New York Human Right Law in accommodating employees who regard workplace expression of beliefs against homosexuality as a religious duty. Author Judith Moldover says: "The conflict between sexual orientation discrimination and the duty to accommodate religious bias against homosexuals typically arises in three types of situations: refusal to service homosexual clients, refusal to participate in diversity programs and training, and supervisory conduct."

Supreme Court Hears Arguments In Prisoner's Tort Claims Act Case

Yesterday the U.S. Supreme Court heard arguments (full transcript) in the case of Ali v. Federal Bureau of Prison, 06-9130. At issue is whether a suit for damages can be brought under the Federal Tort Claims Act (FTCA) by a Muslim inmate who claims that prison officials mishandled his prayer rug and two copies of the Koran. They are among items that are missing after inmate Abdus-Shahid Ali was transferred from a prison in Atlanta to one in Kentucky. The government argues that Ali should be limited to filing an administrative complaint for the items lost in transit. (Associated Press.) The 11th Circuit Court of Appeals below dismissed Ali's claim because 28 USC Sec. 2680(c) provides that the waiver of sovereign immunity in the FTCA does not extend to claims for the detention of property. Circuits are split over whether this provision applies to suits against all government officials, or only to suits against officers acting in a tax, excise, or customs capacity. (Questions presented.) The merit briefs in the case are also available online. [Thanks to How Appealing for the lead.]

As Halloween Approaches, Paper Recounts 17th Century Witch Trials

As Halloween approaches, today's Idaho Statesman recounts the history of four different witch trials in 17th century New England. Rebecca Bowen-Odom, a descendant of one of those tried, argues that the strange behavior of women in those days may have been caused by egot fungus poisoning. Ergot was used by 17th century midwives to hasten childbirth.

Canadian Prime Minister Meets With Dalai Lama For First Time

Canadian Prime Minister Stephen Harper yesterday became the first Canadian prime minister to hold an official meeting with the Dalai Lama. CTA.ca reports that the Chinese embassy in Ottawa has protested the meeting, saying: "It is a blatant interference in China's internal affairs and has severely hurt the feelings of the Chinese people." Earlier in the day, the Dalai Lama praised Canada's multiculturalism, urging China's leaders to learn from Canada's "promotion of unity based on mutual respect." The meeting follows a first-time public appearance between a U.S. president and the Dalai Lama earlier this month. (See prior posting.)

Recent Prisoner Religious Exercise Cases In U.S. and Britain

In Ashmore v. Frank, 2007 U.S. Dist. LEXIS 79235 (WD WI, Oct. 23, 2007), a prisoner claimed that while he was in temporary lockup for 26 days he was denied use of his Bible and attendance at religious services. A Wisconsin federal district court ruled that he can proceed with his claim if he amends his complaint to identify the individual defendants personally involved in the deprivation.

Singh v. Goord, 2007 U.S. Dist. LEXIS 78742 (SDNY, Oct. 9, 2007), involved a challenge by a Sikh prisoner to various policies of the new York Department of Corrections, attempting to obtain greater accommodation of a number of Sikh religious practices. Some of the claims were dismissed for failure to exhaust administrative remedies. However, the court permitted plaintiff to move ahead on his claim that he should be permitted to wear the kara (steel bracelet) and khanda (pendant), possess a second kanga (religious comb), possess longer turbans, remain in contact with religious articles during searches, and that prison religious exercise policies should be re-written to include Sikhs. It granted plaintiff summary judgment on separate packing and storage of his scriptures. It granted defendants summary judgment allowing them to require plaintiff to pray quietly instead of out loud, upholding the vegetarian diet plaintiff is now served, and permitting the identity card maintained by prison authorities.

In Britain, Muslim prisoners at a high security facility in Leeds are suing for $20 million in damages because of a mistake in the Ramadan menu. CFP yesterday reported that the menu offered ham sandwiches as one of the options. Ministry of Justice officials say it was merely a printing mistake, but some inmates claim they actually received ham sandwiches when they ordered cheese sandwiches, and that some were so hungry that they ate the religiously forbidden ham.

Israeli Rabbinate Threatens To Fine Zionist Rabbinical Group

In Israel yesterday, the Chief Rabbinate's legal counsel said he would press to have the Rabbinate impose fines on Tzohar, the organization of Zionist rabbis that is moving to implement an alternative certification process for produce grown in Israel during the current sabbatical year. Today's Jerusalem Post quotes Chief Rabbinate Legal Advisor Shimon Ulman: "We can't allow every Dr. Jekyl and Mr. Hyde to open his own kosher supervision outfit." However the director general of the Chief Rabbinate was more cautious, saying that technically the Tzohar rabbis are not violating the Kashrut Fraud Law. If implemented by the Chief Rabbinate, an order of the Israeli Supreme Court issued last week will moot the controversy. The court ordered the Chief Rabbinate to override local rabbis and certify as kosher produce grown on land technically "sold" to a non-Jew during the sabbatical year (heter mechira). (See prior posting.) [Thanks to Joel Katz for the lead.]

Italian Church Groups Evicting Tenants To Get Higher Rents

Rising rents in Italy, particularly in Rome, have led landlords to refuse to renew many residential leases at their current rates. A temporary law has blocked some landlords from evicting low-income families with children and households with members who are elderly, seriously disabled or terminally ill. However the law does not apply to ecclesiastical bodies. Today's Guardian reports that several thousand residents in Rome are about to be evicted from properties owned by religious orders, papal colleges and foundations originally set up for charitable purposes. A tenants' organization has written a letter of protest to Archbishop Angelo Bagnasco, head of the Italian bishops' conference, who last month delivered a widely-reported speech protesting the lack of low-cost housing for pensioners and single-income families who are being evicted.

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.