White House Meeting With Israeli Religious Leaders Will Discuss Temple Mount

Arutz Sheva reported last Sunday that, ahead of the planned Annapolis Mid-East peace talks, an unusual three-day meeting has been scheduled by the White House with Israeli rabbinical leaders, along with members of the Islamic Wakf and Israeli Christian leaders. Reportedly the Washington meetings will discuss a proposal for the Jerusalem "Holy Basin" to be administered by a joint committee, rather than remain under Israeli sovereignty. During one of Secretary of State Condeleezza Rice's visits to Israel last month, a secret meeting with Jewish, Muslim and Christian religious leaders to discuss the Temple Mount took place. Following that meeting, Rice said that she understood that religious matters were at the root of the disagreements, but said that "if this matter is not solved, then nothing will be solved." The invitees to the White House meeting include Rabbi She'ar-Yashuv Cohen, Chief Rabbi of Haifa, who is strongly opposed to any Israeli withdrawal from the Temple Mount. He believes it should be open to Jewish worship and a synagogue should be constructed there. [Thanks to Joel Katz for the lead.]

Sunni-Shiite Rivalries In New York Prisons

An article in today's New York Sun explores the growing tensions in new York state prisons between Sunni and Shiite Muslims. All but one of the Muslim chaplains in the New York prison system is Sunni. Shiite prisoners have been demanding their own chaplains and their own separate Friday religious services. The only prison Shiite imam in the state is currently precluded from entering any New York prison pending an internal investigation into whether he broke an undisclosed regulation.

Oregon Supreme Court Hears Arguments In Circumcision Case

Oregon Live reports that the Oregon Supreme Court heard oral arguments yesterday in a case in which divorced parents are battling over whether their 12-year old son who wishes to convert to Judaism can be circumcised. (See prior posting.) The boy's decision came after his father, James Boldt (an attorney who argued his own case in the Oregon Supreme Court), himself converted to Judaism. The arguments turned on whether the trial court should have permitted the boy's mother, who no longer has custody of him, to present evidence on her health concerns about the procedure. Four national Jewish groups have filed a joint amicus briefs supporting the father's right as custodial parent to make the decision for his son. (Full text.)

Pope Meets Saudi King-- Raises Issue of Christian Rights In Saudi Arabia

Yesterday King Abdullah of Saudi Arabia met with Pope Benedict XVI in the Vatican. This is the first time that a sitting Saudi king has met with a Pope. The Saudis do not have diplomatic relations with the Vatican because Wahhabist interpretations of Islam would preclude a Vatican embassy in Saudi Arabia. The Washington Post and the Toronto Star report on the meeting, during which the Pope emphasized the contributions made by the 890,000 Catholics-- mainly guest workers from the Philippines-- who live in Saudi Arabia. The Pope raised concerns about restrictions on Christian worship in Saudi Arabia. It is illegal to practice Christianity publicly or to bring non-Islamic religious symbols or Bibles into the country. Some secret Christian worship services are held in the country.

Senator Seeks Information On Financial Accountability From Six Tele-Evangelists

Yesterday's Houston Chronicle reports that Iowa Senator Chuck Grassley, ranking member on the Senate Finance Committee, has sent letters to six tele-evangelists asking for information about alleged misuse of donations to the religious organizations. As church groups, they are exempt from filing the usual Form 990 that non-profits submit to the IRS. Saying that he was acting after receiving complaints from the public and seeing news media coverage, Grassley said that "allegations involve governing boards that aren't independent and allow generous salaries and housing allowances and amenities such as private jets and Rolls Royces." Sen. Grassley's website links to the six letters, each of which asks for extensive information and documents. His letters to each begins by saying: "The Finance Committee has a long tradition of reviewing tax-exempt organizations. It is important that Congress and the public have confidence that public charities, which benefit from very significant tax breaks, are operated in a manner that promotes continued trust and that the adhere to guidelines established by the Internal Revenue Service."

Updates on Election Results of Interest

Here are links to updates of three recent postings on yesterday's election contests. The Updates reflect election results and other developments: gubernatorial races in Kentucky (including developments on a 10 commandments issue)and Mississippi and two ballot issues (Michigan and Utah).

Mississippi Gubernatorial Challenger Runs Evangelical-Laden Campaign

Today residents of Mississippi are voting for governor. Yesterday's Washington Post reports on the Christian evangelical overtones in the campaign of Democratic challenger John Arthur Eaves Jr. He says he is running against Republican incumbent Haley Barbour because he wants "to serve my creator." Eaves' website asks, "Who's on Jesus' side in Mississippi?" He advocates banishing "the money changers" from state politics and supports a health-care proposal that he says focuses on the "least among us" -- just as Jesus would. Columnist Jerome Wright, in a piece in the Memphis (TN) Appeal, says that "... Eaves faces an insurmountable task to win the election. Yet, he may do better than originally expected."

UPDATE: As expected, Gov. Haley Barbour was elected to a second term in Tuesday's contest. (Northeast Mississippi Daily Journal.)

Two Ballot Issues Around Nation Impact Church-State Concerns

In today's off-year elections around the United States, at least two issues impact church-state concerns. In Berkley, Michigan voters will decide whether to approve an amendment to the city charter to require the display of a nativity scene on city hall property. (See prior posting.) Sunday's Observer & Eccentric reports that a write-in candidate for mayor, 76-year old Maybelle Fraser, who supports the nativity display, decided to mount a campaign against incumbent 73-year old mayor, Marilyn Stephan, over the nativity scene issue. Stephan was among the majority of council who voted 6-1 to donate the nativity scene to the Berkley Clergy Association for display at local churches.

In Utah, voters are casting ballots on a school voucher program that includes vouchers that can be used in private religious schools-- so long as the school enrolls at least 40 students. Yesterday's Salt Lake Tribune carries a Q&A on the proposal. Vouchers of $500 per student would be available regardless of family income, with vouchers of up to $3000 per student for lower income families. The voucher program was passed by the legislature in February (see prior posting), but opponents gathered enough signatures to force this referendum on the law.

UPDATE: Berkley, Michigan's proposed charter amendment to require display of a nativity scene on city property was defeated 55%- 45% in Tuesday's election. (Detroit Free Press.) Also on Tuesday, Utah's voucher program was defeated by a substantial majority. With most of the precincts in, over 60% of voters had voted to kill the voucher law. (Salt Lake Tribune.)

Rise of Independent Congregations Explains Rising Church Litigation

Last Sunday's Tennessean carries a report on the rising number of lawsuits between church members and church leaders. Many times the disputes revolve around spending of funds and access to church financial records. The article quotes experts who say that the rise of mega-churches and other independent congregations means that there is often no hierarchy to which congregants can appeal if they are dissatisfied with the conduct of the church's pastor. So church members turn to secular courts to deal with their complaints.

Columnist Says Anti-Semitism On Rise In Britain

Conservative columnist Melanie Phillips writing in the Autumn 2007 issue of Manhattan Institute's magazine, City Journal, says that anti-Semitism is on the rise in Britain. Here is a short excerpt from her lengthy article:

Every synagogue service and Jewish communal event now requires guards on the lookout for violence from both neo-Nazis and Muslim extremists. Orthodox Jews have become particular targets; some have begun wearing baseball caps instead of skullcaps and concealing their Star of David jewelry....

[A]nti-Semitism has also become respectable in mainstream British society.... At the heart of this ugly development is a new variety of anti-Semitism, aimed primarily not at the Jewish religion, and not at a purported Jewish race, but at the Jewish state. Zionism is now a dirty word in Britain, and opposition to Israel has become a fig leaf for a resurgence of the oldest hatred.

Pre-Trial Hearing Held In Charges Against Anti-Gay Funeral Protesters

Yesterday anti-gay Westboro Baptist Church leader Shirley Phelps-Roper appeared at a pre-trial hearing in a Sarpy County (Nebraska) Court. Bellevue, Nebraska police charge her with flag mutilation, disturbing the peace, negligent child abuse and contributing to the delinquency of a minor, all growing out of one of Westboro's funeral protests in which Phelps-Roper's 10-year-old son stomped on an American flag. Yesterday's Omaha World-Herald reports that the pretrial hearing focused on a defense motion requesting that the prosecution describe in detail the facts that support each of the charges. Later Phelps-Roper said that her son, Jason, had grown up attending protests and acted on his own in standing on the flag that he placed on the ground. The court asked both sides to submit written arguments on the defense motion. (See prior related posting.)

US Agency Wants To Talk With Nigerian Leader About Religious Freedom

Today's Nigerian Tribune says that the U.S. Institute of Peace has invited the spiritual leader of Nigeria's Muslims, Sultan of Sokoto, Alhaji Sa’ad Abubakar, to open a direct discussions on religious freedom in Nigeria. The U.S. government is concerned about the potential for rising influence by Islamic militants in Nigeria.

Blogger Questions Verdict Against Westboro Funeral Picketers

At PrawfsBlawg, Howard Wasserman has an interesting post on the recent $10.9 million verdict against the Westboro Baptist Church funeral picketers. Less sympathetic to the jury's determination than much of the commentary has been, Wasserman predicts that the damage award will be overturned by the 4th Circuit. He questions some of the judge's instructions to the jury as well as the extent of interference into the Snyder family's privacy that was really involved.

UPDATE: Another analysis of the legal issues in the case appears today in an article by Michael C. Dorf on Findlaw. [Thanks to How Appealing for the lead.]

Zoning Issue Posed By "Theater Church"

An article in yesterday's Lancaster (PA) Sunday News raises an interesting religious land use issue posed by the apparently growing practice of churches renting out movie theaters for use for religious services on Sunday mornings. The zoning rules in Manheim Township, Pennsylvania permit theaters and other commercial uses in industrial zones, but not churches. Township zoning officials have issued a notice of violation to the owner of the Penn Cinema who rents out his theater each Sunday to the Crossings Church. Theater owner Penn Ketchum argues that renting out the theater for a church service does not change the character of the building. He argues: "While they're finishing up their service, we're literally opening our doors to the moviegoing public."... At no time do we cease to be a movie theater. We continue to be well within our parking ratios, as well as building capacity. The service still leaves literally 90 percent of the building unoccupied.... To me there's a big difference between a church and a church service."

Plans For London Mosque Draw Opposition

In a story from Britain, yesterday's International Herald Tribune focuses on the the opposition that has developed to plans to build a large mosque in London's East End. Originally it would have been the largest mosque in Europe at the gateway to the 2012 Olympics. Christian Peoples Alliance Party leader Alan Craig has started a campaign against the mosque, first focusing on its size, but then objecting to its sponsor, the Tablighi Jamaat, an evangelical Islamic group based in Pakistan whose teachings, authorities say, encourage terrorists. The original plans for the mosque envisioned a complex that would hold 70,000 worshipers, featuring wind turbines instead of minarets, as well as gardens, courtyards and restaurants. Those grand plans have now been dropped as a new architectural firm has been hired to design a smaller mosque, one that will accommodate 12,000. Planners are moving slowly, and say they will not break ground until after the 2012 Olympics. Also a London public relations firm has been hired and has created a website to deal with concerns about the planned mosque.

Egyptian Court Acquits Christians Charged With Defaming Islam

M&C reported yesterday that in Egypt, Christian activists Adel Fawzy Faltas and Peter Ezzat have been acquitted by a state security court of charges of threatening social peace by propagating anti-Islamic material. The charges stemmed from their distributing a book titled The Persecuted that focuses on the perceived persecution of Christian Copts. Earlier charges of converting a Muslim, Mohamed Ahmed Hegazy, to Christianity, were dropped for lack of evidence.

Recently Available Articles on Law and Religion

From SSRN:

• R. Randall Kelso, Custom and Tradition Versus Reason in Modern Secular and Religious Moral Reasoning and in Modern Constitutional Law, (August 2007).


• Christina T. Trotta, From God to Gab: Analyzing the First Amendment Rights of Religious Student Groups in an Age of Free Speech and Political Correctness, (February 16, 2007).


• Mary Jean Dolan, Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life, (Hastings Constitutional Law Quarterly, Vol. 35, No. 3, 2008).


• Alan Weinstein, Avoiding a RLUIPA Claim, (Cleveland-Marshall Legal Studies Paper No. 07-150, Oct. 24, 2007).

From Bepress:

• Patrick McKinley Brennan, Locating Authority in Law, and Avoiding the Authoritarianism of 'Textualism', (Villanova University School of Law Working Paper Series, No. 86, Oct. 2007. Forthcoming, Notre Dame Law Review.)

From SmartCILP:

• 13th Annual International Law and Religion Symposium. The 1981 U.N. Declaration on Religious Tolerance and Non-discrimination: Implementing Its Principles after Twenty-five Years, 2007 Brigham Young University Law Review 575-812 (2007). Articles by: Jose Maria Contreras Mazario, Carolyn Evans, Shavarsh Khachatryan, Christopher Marsh, Daniel P. Payne, Raul Gonzalez Schmal, Robert A. Seiple, Eiichiro Takahata, Khatuna Tsintsadze, Carlos Valderrama Adriansen and Ilhan Yildiz.

Belgians Bring Fraud Charges Against Church of Scientology

Yesterday's St. Petersburg (FL) Times reports that Belgian prosecutors, after ten years of investigation, are bringing criminal charges against the Church of Scientology in Belgium and 12 of its members, along with the Church's European Office for Public Affairs and Human Rights. Officials say that the Church's Belgium operations constitute a "criminal organization" that has used fraud and extortion to obtain money from its members. Defendants are also charged with practicing medicine without a license and violating privacy laws. Scientology spokesman Fabio Amicarelli said: "In 2007, the position of the (Belgian) prosecutor is really out of date."

Court Refuses Summary Judgment In Religious Leafleting Case

Frantz v. Gress, (ED PA, Oct. 25, 2007), involved a claim by plaintiff that he was impeded by police officers in his attempts to hand out religious pamphlets on a public sidewalk in Philadelphia. Plaintiff argued this was an unconstitutional content-based restriction on his speech. The court refused to grant plaintiff's motion for summary judgment, however, holding that issues of material fact remain regarding the reasons officers did not allow plaintiff to continue distributing his pamphlets in the manner he wished. The court also, though, rejected defendants' claims of qualified immunity.

Minnesota High Court Reverses Clergy Sexual Conduct Conviction In Split Decision

In a fragmented decision handed down by the Minnesota Supreme Court last week, Catholic priest John Joseph Bussmann's conviction under the state's clergy sexual conduct statute was reversed and remanded for a new trial. At issue was the priest's relationships with two adult female parishioners who he was counselling on religious and marital issues. In State of Minnesota v. Bussmann, (MN Sup. Ct., Nov. 1, 2007), the court described its ultimate holding as follows:

The clergy sexual conduct statute makes it a crime for a member of the clergy to engage in sexual penetration with a person who is seeking or receiving “religious or spiritual advice, aid, or comfort in private.” Bussmann argues that the clergy sexual conduct statute is unconstitutional because it is void for vagueness and it violates the Establishment Clause of the United States and Minnesota Constitutions. Because we (1) conclude that the clergy sexual conduct statute is not void for vagueness; (2) are equally divided on whether the statute facially violates the Establishment Clause; but (3) conclude that Bussmann’s conviction, based on the admission of extensive evidence concerning religious doctrine and church policies and practices, violated the Establishment Clause, we affirm the court of appeals’ decision on the first two issues, reverse the court of appeals’ decision on the third issue, and remand for a new trial.

The judges who concluded that the statute was facially inconsistent with the Establishment Clause argued that its provisions: "are not secular and neutral, but instead incorporate religious doctrine, as reflected in the legislative determinations that the clergy member is always in a position of power over an advisee, that any sexual penetration with an advisee is always causally related to the religious and spiritual advice given by the clergy member to an advisee, and that an advisee always lacks capacity to effectively consent to that sexual penetration."