Church May Be Marital Asset In NY Divorce Proceeding

In CH v. RH, (NY Sup. Ct., Nassau, Nov. 13, 2007), a New York judge, rejecting Establishment Clause concerns, held that a Church could be a marital asset in a divorce proceeding. At issue is the church building, catering hall and rental business of Grace Christian Church in Brooklyn. According to the court:

plaintiff claims that the Church is a marital asset because it is actually the defendant's "business" which he operates as his "personal piggy bank." Specifically, the plaintiff claims that the defendant provided $50,000.00 of their marital money to the Church as start-up capital; defendant controls all of the finances of the Church and makes all financial decisions, defendant refuses to make any financial disclosures to the Church's Board of Directors and the Church Administrator, hides his finances from the Church elders, determines his own income, refers to the Church as "my Church" and dismisses anyone who challenges his operation and finances of the Church.

The court concluded that if it is shown that the church is the husband's "alter ego", it will be valued as a marital asset for purposes of determining equitable distribution. The issue is one of first impression in New York. Newsday, the AP and the New York Daily News all carried reports on the case earlier this week.

Parishioners of Closed Ohio Churches, Critical of Diocese, Pursue Litigation,

Today's Toledo Blade carries two stories on lawsuits in which rural Catholic Churches are challenging the 2005 decision of the Diocese of Toledo to restructure parish boundaries. In Junction, Ohio, a former member of the now-closed St. Mary’s Catholic Church has sued to prevent the Diocese from removing the windows and other sacred items from the church. The Diocese wants to store the items for future use elsewhere. Meanwhile in Kansas, Ohio, parishioners of the former St. James Catholic Church who filed suit last year to challenge their church's closing have been angered by new discoveries. They have found that over $44,000 of funds they donated to the parish before it closed have been transferred by the Diocese to pay attorneys hired to fight the parishioners' lawsuit.

Hawaiians Want Army To Clear Bomb From Area Used For Ceremony

On the Hawaiian island of Oahu, community groups are holding a vigil outside the Makua Military Reservation, according to a press release today from Earth Justice. At issue is the delay by the Army in removing a 250-pound bomb left over from World War II discovered this month near Makua Beach Park. The Army has created an exclusion zone in the area for safety purposes. However the zone includes the area in which the Makahiki, the traditional Hawaiian celebration of the time of peace, had been scheduled. Protesters say that under a 2001 agreement, the Army should have long ago cleared this area of unexploded ordnance. The Army says it will make plans to remove the bomb once it completes a sweep of the area for other unexploded ordnance.

Reactions to Grassley's Investigation of Tele-Evangelists Continue

An article in today's Des Moines Register reports on the reactions to letters sent out recently by U.S. Senator Charles Grassley to six televangelists asking for information about alleged misuse of donations to their religious organizations. (See prior posting.) The paper says that most of the ministries in question preach the "prosperity gospel". One of Grassley's targets, Bishop Eddie Long of the New Birth Missionary Baptist Church in Lithonia, Ga., calls Grassley's letter an attack on religious freedom and privacy rights.

Indian Supreme Court Upholds Legislative Oaths In Name of Allah

A panel of the Supreme Court of India has rejected a challenge to the seating of eleven members of the Kerala Legislative Assembly who last year took their oaths of office in the name of Allah, according to today's Newstrack India. Petitioner, Madhu Parmula, Vice President of Bhartiya Janata Yuva Morcha, argued the Indian Constitution, Third Schedule, requires that legislators' oaths be taken in the name of God. The court ruled, however, that Allah in Arabic means God, so the requirement was met. The court distinguished an earlier case in which the Kerala High Court ordered a legislator not to take his seat after he took his oath in the name of a religious Guru. The Supreme Court panel said that taking the oath in the name of an individual is unconstitutional.

Mexico Politicians Want To Strengthen Church-State Separation

In Mexico, Rep. Maria Beatriz Pages Llergo of the Institutional Revolutionary Party, along with lawmakers from the Revolutionary Democratic and Convergence parties, are proposing a constitutional amendment to strengthen the long-standing tradition of church-state separation in Mexico. Yesterday's International Herald Tribune reports that in remarks at a forum on religious tolerance, Llergos said that both public and private education should be secular, and criticized moves by the Catholic Church to ease restrictions on members of the clergy participating in politics.

Papal Nuncio Criticizes Israel's Performance Under Agreements With Vatican

Spero News yesterday reported on remarks by the Papal Nuncio to Washington, Mgr. Pietro Sambi, who was formerly the Vatican's nuncio to Israel. Sambi strongly criticized Israel for its delay in implementing agreements signed with the Vatican in 1993. Citing the long-stalled negotiations on taxes, church property and compensation for services provided to Israelis, as well as the failure to obtain Knesset ratification of 1997 Fundamental and Legal Personality Agreements, Sambi said: "relations between the Catholic Church and the State of Israel were better when there were not diplomatic relations." (See prior related posting.)

"Push Polling" Questions Romney's Mormon Beliefs

Republican presidential candidate John McCain has asked New Hampshire's attorney general to investigate incidents of "push polling" that purport to be from McCain backers and that raise questions about the religious beliefs of rival candidate Mitt Romney. McCain says that his campaign is not behind the calls. The AP reported yesterday that persons called are asked if they "knew that Romney was a Mormon, that he received military deferments when he served as a Mormon missionary in France, that his five sons did not serve in the military, that Romney's faith did not accept blacks as bishops into the 1970s and that Mormons believe the Book of Mormon is superior to the Bible." The calls have been received by at least seven voters in New Hampshire and Iowa. A Romney spokesman said that the calls amount to repulsive religious bigotry.

Religious Beliefs Fail To Lighten Drug Possession Sentence

In New London, Connecticut on Thursday, Vernon Smith, a Rastafarian, was unsuccessful in convincing a court to reduce on religious grounds the sentence sought by prosecutors after he plead guilty to possession of marijuana with intent to sell. Today's Hartford Courant reports that Smith's attorney argued his client believes marijuana is a sacrament and smoking it is a human right. The judge accepted prosecutor's recommendation for a sentence of two-and-one-half years in jail and three years probation. Judge Susan B. Handy told Smith: "I have the greatest respect for your religious beliefs, but they interfere with the law. You, sir, put your family at risk because you sell drugs."

President Announces Pick For Assistant AG For Civil Rights

The White House announced yesterday that President Bush intends to nominate Grace C. Becker to head the Civil Rights Division of the Department of Justice. Becker currently serves as Deputy Assistant Attorney General in the Division. Previously Becker had been Associate Deputy General Counsel at the Department of Defense and a prosecutor with the Department of Justice. Earlier she clerked for DC Circuit Judge James L. Buckley and DC District Judge Thomas Penfield Jackson. A biographical sketch of Becker on the website of The Institute for Corean-American Studies has additional information. Becker will replace Wan J. Kim who resigned in August. (See prior posting.) In recent years, the Civil Rights Division has shown an increased interest in religious liberty issue. (See prior posting.) [Thanks to How Appealing for the lead.]

Pennsylvania's Coverage of Gays In Hate Crime Law Struck Down

In 2004, members of the Christian group Repent America were arrested by Philadelphia police on charges including ethnic intimidation because of a confrontation during their preaching and picketing at OutFest, a gay pride festival. They subsequently filed suit challenging the constitutionality of Pennsylvania's ethnic intimidation law that was amended in 2002 to add sexual orientation and several other categories to its previous coverage of crimes committed because of race, religion or national origin. Yesterday in Marcavage v. Rendell, (PA Commnw. Ct., Nov. 15, 2007), the Pennsylvania Commonwealth Court, in a 6-1 decision, struck down the statute because of the legislative procedures used to enact it. The Commonwealth Court is one of Pennsylvania's intermediate appellate courts.

Art. I, Sec. 3 of Pennsylvania's constitution provides that "no bill shall be so altered or amended, on its passage through either House, as to change its original purpose." The court held that the ethnic intimidation amendments, that began as a bill to criminalize crop destruction, violates this constitutional provision because the final provisions bear no nexus to the conduct at which the original legislation was directed. Reporting on the decision, today's Philadelphia Enquirer says that Pennsylvania Governor Ed Rendell has called on the legislature to re-enact the invalidated provisions.

Head Start Reauthorized With Prohibition On Religious Discrimination In Bill

Blog from the Capital reports that H.R. 1429, the Head Start for School Readiness Act, was passed in final form by Congress and sent to the President on Wednesday, leaving in it the anti-discrimination provision that had been the subject of extensive debate in the House. (See prior posting.) Some House members had backed amendments to allow religious preferences in hiring by Head Start programs.

Deviant Islamic Sects Are Being Banned By Indonesian Government

Yesterday's International Herald Tribune reports on arrests in Indonesia of several unorthodox Islamic leaders and the banning of their organizations, even though the country's Constitution (Art. 29) guarantees freedom of religion. On Nov. 9, the Indonesian Supreme Court sentenced Abdul Rachman, a leader of Lia Eden, to three years in prison for blasphemy. Rachman claims to be the reincarnation of the Prophet Muhammad. In another case, the attorney general's office is pursuing blasphemy charges against Ahmad Moshaddeq, leader of al-Qiyada, even though he has declared his teachings were misguided and says he will return to mainstream Islam. A 1965 presidential decree permits banning of religious organizations that "distort or misrepresent" official faiths. A spokesman for Indonesia's top clerical body, the Ulema Council, says that the Council tries to educate deviant groups about "true Islam" before police become involved. The Ulema Council, using the beliefs of Sunni Islam, lists 250 Muslim sects in the country as "deviant". Human rights lawyers in the country are concerned about these developments.

Senate Resolution Recognizes Diwali Festival

On Wednesday, the U.S. Senate passed S. Res. 299, a resolution recognizing the significance to U.S. Hindus, Sikhs, and Jains of Diwali, a Festival of Light that has varying historical associations to each religious group. The resolution also calls on the President to issue a proclamation recognizing Diwali. An identical resolution, H. Res. 245, has been introduced in the House of Representatives. This year, Diwali was celebrated on Nov. 9.

Vetoed Bill Protected Voluntary Prayer In Schools

H.R. 3043, the Departments of Labor, Health and Human Services, and Education Appropriations Bill that was vetoed by President Bush on Tuesday, provides in Sec. 303 that "no funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools." Bush's veto message, of course, was not directed at this provision, but instead at his concern over "excessive spending".

NY High Court Dismisses Orthodox Jew's Privacy Claim As Time-Barred

Yesterday in Nussenzweig v. diCorcia, (NY Ct. App., Nov. 15, 2007), New York's highest court agreed with a majority in the Appellate Division (see prior posting) that the statute of limitations barred a Hasidic Jew from suing a professional photographer who took his photo without consent. Photographer Philip-Lorca DiCorcia took a series of photographs of people in Times Square, including Erno Nussenzweig, and used the photos in a gallery exhibition and accompanying catalogue. Nussenzweig's interpretation of the Biblical ban against making graven images was violated by the use of the photo. The court held that New York's "single publication rule" should be applied to right of privacy actions under the state's civil rights law (Sec. 50 and 51), so that the cause of action accrued on the date the offending material was first published. Haaretz reports on the decision.

7th Circuit Rejects School Counsellor's Religious Discrimination Claim

In Grossman v. South Shore Public School District, (7th Cir., Nov. 15, 2007), the U.S. 7th Circuit Court of Appeals affirmed the district court's rejection of a First Amendment and Title VII religious discrimination claim brought by a school guidance counsellor. The school denied plaintiff tenure because, without consulting her supervisors, she destroyed literature on condom use and replaced it with literature advocating abstinence. Plaintiff had also urged two students who came to her for advice to pray with her. The court concluded that plaintiff was not denied tenure because of her religious beliefs, but instead because of her actions. The court declared: "Teachers and other public school employees have no right to make the promotion of religion a part of their job description." The 7th Circuit's website also links to an audio recording of oral arguments in the case presented last September.

Preliminary Injunction Issued To Permit Gideons To Distribute Bibles Near Schools

In Gray v. Kohl, (SD FL, Nov. 14, 2007), a Florida federal district court adopted a magistrate's earlier Report and Recommendation (June 29, 2007) and issued a preliminary injunction against enforcing Florida's School Safety Zone Statute against a Gideon who had been distributing Bibles within 500 feet of a Key Largo school. (See prior posting.) The magistrate's report concluded that the law was unconstitutionally vague, in particular because of the uncertainty of what constitutes having "legitimate business" near a school. Alliance Defense Fund issued a release praising the decision.

Senator Says Defy China's One Bible Limit At Olympics

CNS News reports that Colorado Senator Ken Salazar, in a Cybercast News interview (audio), said that Americans travelling to the Beijing Olympics next year should defy China's requirement that travellers bring no more than one Bible into the country. Wang Hui, executive deputy director of the Beijing Organizing Committee for the Olympic Games, has described the policy as one permitting athletes and travellers to bring their own Bibles, but not multiple copies for public distribution.

Strip Club Owner Sues Church and County Sheriff

Today's Zanesville, Ohio Times Recorder reports on a lawsuit pending in federal district court in Columbus (OH). In Nellie, Ohio, members of the New Beginnings Ministries have been conducting weekly picketing of a strip club known as the Foxhole. Foxhole owner, Thomas George, has filed suit against the church and its members seeking damages and an injunction. George also claims that Coshocton County Sheriff Tim Rogers has violated his rights by refusing to remove protesters from his property and refusing to file trespassing charges against them. Thomas Condit, attorney for the church, says that church members are merely exercising their First Amendment rights to advise the public "not to patronize a business they think is unhealthy and immoral." Last week the church filed a counter-claim alleging that an explosion last July in a dumpster outside of the Foxhole was aimed at threatening or injuring protesters.