Clergy Duties As Community Service Does Not Violate Establishment Clause

In City of Cleveland v. Curtis, (OH Ct. App., Cuyahoga, Nov. 8, 2007), an Ohio court of appeals held that a trial judge did not violate the Establishment Clause when, in a traffic case, he waived a fine, imposed community service, and permitted defendant, a clergyman, to satisfy the service through his regular clergy duties.

Afghanistan Arrests Publisher of Koran Translation

A week ago, Ghaus Zalmai, a spokesman for Afghanistan's Attorney General, was arrested trying to cross the border into Pakistan. Reuters reported last Monday that he was charged with publishing an unofficial translation of the Koran into Dari. Afghanistan's Chief Justice, Abdul Salam Azimi, said: "This is a plot against the religion of Islam, and no one will ever accept the book as the holy Koran." The Supreme Court ordered an investigation into the publication. The translation also sparked debate in Afghanistan's parliament.

UPDATE: The Nov. 12 Gulf Times reports that 1,000 university students demonstrated in Jalalabad on Sunday to demand the death penalty for Ghaus Zalmai. Zalmai is being interrogated after the Parliament barred him from leaving the country. Gulf Times reports: "A commission of clerics and prosecutors is examining the text, which does not include the original Arab verses and is said to differ on several issues, including homosexuality and adultery."

City Council Debates Rental of City Facility To White Supremacist Church Group

The Church of Jesus Christ - Christian, which has ties to the Neo-Nazi white supremacist Aryan Nations, has asked to rent the city-owned McClelland Arts Center in Longview, Washington for an organizational meeting. The city's Mayor Dennis Weber recommended to Longview City Council that it form a task force to make it clear to the group that it is not welcome in the city. Yesterday's Longview Daily News reports that Councilman Kurt Anagnostou objected saying that it is unconstitutional to prevent a particular group from renting the building because of its beliefs. Only one member of council was interested in joining the Mayor on the task force.

PBS Will Air Program On "Intelligent Design" Debate

This week's broadcast of NOVA on PBS will be: "Judgment Day: Intelligent Design on Trial". (AP). NOVA's website carries extensive background on the program scheduled to air on Nov. 13 at 8:00 p.m.

Catholic Cleric Argues For Revival of Charitable Immunity Doctrine

Chicago's Auxiliary Catholic Bishop, Thomas Paprocki, has suggested that courts should revive some doctrine of charitable immunity to protect churches from ruinous judgments in clergy sex abuse cases. Today's Chicago Tribune reports that Paprocki will speak on the topic later this month at the University of Notre Dame. He argues: "The settlement or award of civil damages is punishing the wrong people, namely the average parishioner or donor whose financial contributions support the church but who have no role in the supervision of clergy."

Number of Christian Law Schools Is Growing

Yesterday' Houston Chronicle reports on the growing number of Christian law schools in the United States. South Texas College of Law dean, James Alfini, says that these schools threaten traditions of academic freedom and faculty governance that prevail at other law schools. Defending the schools, Joe Aguillard, president of Louisiana College that is opening the newest Christian law school, says: "The law school will deliver through the lens of a biblical world view needed today in our nation and our system of justice."

LAPD Criticzed For Plans To Map Muslim Communities

The Los Angeles (CA) Daily Breeze reports that plans by the Los Angeles Police Department to create a map of Muslim communities in the city is being criticized. The police department says it is part of an effort to prevent radicalization. Police Chief William Bratton says police are trying to become more familiar with the Muslim communities. The city's ACLU executive director, Ramona Ripston, however, says: "Our fears is that this will profile an entire community rather than people who present a real danger."

Harvard Law Prof To Become US Ambassador To Holy See

Last Monday, the White House announced that the President intends to nominate Harvard Law Professor Mary Ann Glendon to be Ambassador to the Vatican. Yesterday’s Boston Pilot carried a long background article on Glendon, reporting that in a November 6, statement, Glendon said she hopes her background in international legal studies, as well as Catholic social thought, will be useful in continuing the US’s fruitful dialogue with the Vatican on issues such as human rights, religious freedom, human trafficking, health, hunger and poverty. CNS carried a story yesterday comparing Glendon’s background with that of Vatican ambassadors from several other nations.

Appeals Court Hears Arguments On Concealed Carry Law's Application To Churches

A Minnesota state Court of Appeals heard arguments yesterday in an appeal by the state of a decision that allowed churches to ban handguns from their premises without complying with the elaborate notice requirements applicable to commercial establishments under Minnesota' concealed carry firearms law. (See prior posting.) The Minneapolis Star Tribune reports on the arguments. The state contends that the concealed carry provisions may constitutionally be applied to churches because they do not render any religious practice unlawful.

Washington Court Enjoins Enforcement of Pharmacy Board Rules

A Washington federal district court has granted a preliminary injunction barring enforcement of Washington State Board of Pharmacy regulations that require pharmacists to fill all prescriptions even if doing so violates their religious beliefs. In Stormans, Inc. v. Selecky, (WD WA, Nov. 8, 2007), the court found that the regulations target religious beliefs:

The evidence thus far presented to the Court strongly suggests that the overriding objective of the subject regulations was, to the degree possible, to eliminate moral and religious objections from the business of dispensing medication.

... [T]he enforcement mechanism of the new law appears aimed only at a few drugs and the religious people who find them objectionable.

Applying strict scrutiny to the regulations, the court concluded:

the interests promoted by the regulations have more to do with convenience and heartfelt feelings than with actual access to certain medications. Patients understandably may not want to drive farther than the closest pharmacy and they do not want to be made to feel bad when they get there. These interests are certainly legitimate but they are not compelling interests of the kind necessary to justify the substantial burden placed on the free exercise of religion.

... On the evidence now before it, the Court cannot say that the subject regulations advance a compelling state interest and they are narrowly tailored to accomplish their announced purpose.... [T]he evidence suggests that the burden on the religious practices of plaintiffs is intentional not incidental, and substantial not minimal.

Relying on these findings, the court enjoined enforcement of the regulations against any pharmacy or pharmacist who refuses to fill a prescription for Plan B emergency contraceptives if they immediately refer the patient to a nearby source for it. Today's Seattle Times reports on the decision.

Federal Court Rejcts Attempt To Bar NJ Civil Rights Proceedings

In Ocean Grove Camp Meeting Association of the United Methodist Church v. Vespa-Papaleo, 2007 U.S. Dist. LEXIS 82577 (D NJ, Nov. 7, 2007), a New Jersey federal district court applied the Younger abstention doctrine, refusing to enjoin an investigation by the New Jersey Division on Civil Rights of a discrimination complaint filed by a lesbian couple. The Ocean Grove Camp Meeting Association refused to permit the couple to use its Boardwalk Pavilion for their civil union ceremony. (See prior posting.) Under the Younger doctrine, federal courts have discretion to abstain from exercising jurisdiction where their judgment would interfere with an ongoing state proceeding. The Association will be able to raise its constitutional objections in the state administrative proceeding. The New Jersey Star-Ledger covers the court's decision.

Mt. Soledad Establishment Clause Challenge Dismissed

A California federal district court has dismissed the Establishment Clause challenge to a federal law that took from the City of San Diego the Mt. Soledad Veterans' Memorial with its large cross. In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 82647 (SD CA, Nov. 7, 2007), the court dismissed for lack of standing the challenge to Public Law 109-272 brought by plaintiff Steve Trunk, and also dismissed the City of San Diego from the remainder of the litigation.

The court rejected three theories of standing. It held that any denial of use of the Memorial as it now exists was not impacted by the mere transfer of land ownership. It rejected general taxpayer standing because invalidating the land transfer would not redress any injury Trunk suffered. Finally the court rejected Trunk's argument that the transfer gave him standing because it prevented the enforcement of a previous injunction based on the California Constitution. The U.S. as owner is not subject to the California Constitution. The court said:

Public Law 109-272 merely provides for the acquisition of land, the compensation of the land's owners, and the maintenance of the property as a veterans memorial. These are not religious actions, nor do they injure Trunk.... Trunk tries to conflate acquisition of the Mt. Soledad property with unconstitutional operation of the property.

The court additionally pointed out that if it were to invalidate the law being challenged, the federal government would still own the Memorial under a transfer to it by the city which was ultimately upheld by the courts. NBC San Diego covers the decision in a short story.

Georgia Governor Plans Prayer Service For Rain

Georgia's Governor Sonny Perdue is sending out invitations to a prayer service for rain to be held at the state Capitol next week. Wednesday's Atlanta Journal-Constitution reports on the move, taken as Georgia faces a record drought. Perdue, son of a Baptist preacher, has held similar services in the past. A spokesperson for the Governor said that he recognizes there is nothing the government can do to get more rain, so "the request has got to be made to a higher power." The AP reported yesterday that planners, who are inviting leaders from several faiths to the service, say the prayer service will be moved inside the Capitol in case of rain. [Thanks to Alliance Alert for the lead.]

Church Leader Gets Probation On Sacramental Marijuana Charges

Wednesday's Maui News reports that in Wailuku, Hawaii, 72-year old James Kimmel was ordered to pay a $3,000 fine and placed on five years probation after pleading no contest to charges of second-degree commercial promotion of marijuana and possessing drug paraphernalia. Kimmel, founder of the Religion of Jesus Church, argued that he was smoking marijuana and furnishing it to others as part of his religious beliefs that marijuana was a required sacrament. The court however rejected a Free Exercise defense. The court also ordered Kimmel to not to sell, possess or use alcohol or illegal drugs while on probation.

Suit Threatened Over Surveillance of Religious Order's Building

The Thomas More Law Center is threatening to sue Northville Township (MI) officials over their alleged surveillance of a house owned by the religious order, Miles Christi. Journal Newspapers yesterday reported that the surveillance camera was apparently intended to document increased parking density at the house in order to support the township's request that the religious order submit a plan and apply for a zoning variance. Thomas Moore Law Center's Richard Thompson says that the township's targeting of the religious order violates the Religious Land Use and Institutionalized Persons Act.

Sonoma CA Will Not Have Creches On City Plaza

Yesterday evening, the Sonoma (CA) City Council voted 3-2 against a proposal that would have for the first time permitted creches and other religious displays to be placed on Sonoma Plaza. The proposed law would have allowed groups to put up any kind of unattended display, so long as it was not obscene. Reporting on developments, the Sonoma News said speakers objected that this policy would permit swastikas and Confederate flags, as well a nativity scenes. The Sonoma Valley Ministerial Association had opposed the new policy, saying it would not serve the religious and spiritual health of the community. The crucial third vote against the proposal was obtained in a deal in which the existing policy permitting non-religious displays was also rescinded.

Civil Rights Groups Urge Investigation of White House Faith-Based Office

The Forward reports that the Coalition Against Religious Discrimination-- a 70 member umbrella civil rights group-- sent a letter on Nov. 2 to the House Committee on Oversight and Government Reform urging it to investigate the White House Office of Faith Based and Community Initiatives. The letter expressed concern that FBCI "may have been utilized to serve partisan political goals; may violate federal regulations, laws and the Constitution; and may lack proper monitoring." However a number of Jewish groups that would ordinarily be expected to join the letter did not sign it because they felt it was insufficiently nuanced, particularly in its criticism of the Administration's views on religious groups' rights to hire on the basis of religious affiliation. The Forward says: "The area of employment is particularly sensitive for Jewish groups, which do not want Jews and other religious minorities to face unlawful discrimination, but also want to defend Jewish institutions, such as federations, that have for decades accepted government money for social programs while recruiting Jews for certain staff positions."

Negligence Claims Against Religious Order In Sex Abuse Case Survive 1st Amendment

In John Doe Cs v. Capuchin Franciscan Friars, 2007 U.S. Dist. LEXIS 82072 (ED MO, Oct. 11, 2007), a Missouri federal district court refused to dismiss on First Amendment grounds a negligence claim against The Capuchin Franciscan Friars. Plaintiff claimed that defendants should have known that Catholic high school teacher Father Thaddeus Posey had a history of sexually abusing minors, and that defendants failed to act to protect students from him. In permitting the claim to proceed, the court said: "There is no allegation (or defense at this point in the case) that ecclesiastical and canon law is relevant to this case. The factual issues raised ... appear to be secular in nature and do require this Court to not resolve or inquire into any religious doctrines of Defendants."

College's Civility Code Enjoined In Suit By Students Who Stomped On Religious Flag

Today's San Francisco Chronicle reports that a federal magistrate judge indicated that he will issue a preliminary injunction barring San Francisco State University from enforcing in any disciplinary proceeding its rule requiring students to be civil to one another. The policy was the basis of a disciplinary investigation into actions of members of the College Republicans who stomped on two flags bearing the name of Allah during an anti-terrorism rally last year. While no violations were found, College Republicans in the lawsuit alleged that their free expression was chilled by the mere existence of the civility code that could be used against them in future demonstrations. University officials said they never intended the civility code to be used as the basis for disciplinary actions, and that they will rewrite the rules to make that clear.

No Free Exercise Claim For Limiting Disclosures to Clergyman

A Utah federal district court has held that the free exercise rights of Utah Department of Corrections employee Vivian Kosan were not violated when she was reprimanded for telling a religious leader about her charges of sexual harassment against Brandon Burr, one of her superiors in the Department of Corrections (DOC). In Kosan v. Utah Department of Corrections, 2007 U.S. Dist. LEXIS 82122 (D UT, Nov. 2, 2007), the court rejected Kosan's claim that banning her from speaking to Burr's LDS Stake President substantially burdened her free exercise rights and targeted "religious orders that take a proactive approach to problems encountered by their members." The court said that the order to refrain from discussing the alleged harassment was not specifically directed to communications with clergy, but rather to communications with "anyone" regarding the allegations and their investigation, all treated as confidential under DOC policies.