What Are Establishment Clause Rules For Adult Education Courses?

Northport, NY (a village on Long Island's North Shore), is the scene of a new chapter in the battle over teaching of Creation Science. According to an article in Sunday's New York Times, the new dispute centers on whether the Establishment Clause precludes the teaching of a Creation Science class as part of the adult education offerings taught in the evenings in public school buildings.

Foster Care Does Not End Mother's Right To Object To Immunization

Arizona, like many states, requires children enrolled in day-care facilities to be immunized against various diseases, but creates an exemption for children whose parents have religious objections to immunization. Earlier this week, in Diana H. v. Rubin, (AZ Ct. App., Div. 2, Nov. 21, 2007), an Arizona Court of Appeals held that a mother retains the right to obtain a religious exemption for her child, even though the state has taken temporary physical custody of the child and has placed the child in foster care. The court concludes that a dependency determination does not extinguish a parent’s right to control the religious upbringing of his or her child. Judge Espinosa dissented, arguing that the majority's opinion "elevates the rights of the irresponsible parent over the needs of an innocent child..." Today's Douglas Daily Dispatch covers the decision.

PBS Documentary-- Prayer In America

During November and December, PBS stations around the country will be broadcasting a two-part documentary-- Prayer in America. The programs, based on James P. Moore, Jr.'s book, One Nation Under God: The History of Prayer in America, includes segments on school prayer; science and prayer; civil religion and prayer; slavery and prayer; and a number of other topics. David Yonke in today's Toledo Blade reviews the upcoming program.

Oral Roberts University President Resigns Under Fire

The AP reports that Richard Roberts, president of the evangelical Oral Roberts University, resigned on Friday, after receiving a vote of no confidence from the school's tenured faculty last week. Roberts, who was the son of the university's founder Oral Roberts, had been accused in a civil suit filed by three former faculty members of financial improprieties, as well as of requiring students in a government class to work on the campaign of a particular Republican candidate in the mayoral primary in Tulsa, Oklahoma. (See prior posting.) ORU Board of Regents Chairman George Pearsons posted a brief announcement of the resignation on the University's website, indicating that the regents will meet next week to determine the next steps to take in searching for a successor.

UPDATE: An AP story on Saturday chronicles the reactions of students and others in the ORU community to the resignation.

House of Lords Debates IVF For Lesbians Partly In Religious Terms

Britain's House of Lords this week is debated the second reading of the Human Fertilisation and Embryology Bill. Section 23 of the bill would amend a provision in the Human Fertilisation and Embryology Act 1990 (Sec. 25). That current section calls for a Code of Practice that gives guidance to those providing treatment services about, among other things, the child's need for a father. The proposed bill would eliminate this reference to the need for a father, thus clearly making IVF available to single women and to lesbian couples. Yesterday's Pink News reports that during the debate, a number of Lords objected to the proposed change, often using arguments based at least in part in religion.

For example, Lord Elton said: "to rule out the male responsibility seems to go in the face of nature, religion and good sensible politics on the part of a government who are trying to stop overfilling the jails of this country." Lord Ahmed argued that "Muslims have a profound belief not just in the sanctity of human life from conception onwards but in the importance of knowing your antecedents: the root from which you spring." Baroness Paisley of St George's argued: "This proposal totally disregards the biblical law on mixing kinds or species as laid down in Holy Scripture, and would be an offence to the Creator Himself, who made man in His own image." Responding for the government, Under-Secretary of State for Health, Lord Darzi said: "the available research evidence suggests that it is the quality of parenting that is the factor of prime importance, not the gender of the parent per se."

Hindus In Malaysia Sue British for Failing To Protect Against Malaysian Oppression

Asian Tribune today reports on the continuing demolition by Malaysian authorities of Hindu temples that were built on government property by communities that had no land of their own. The Hindu Rights Action Force which alleges a series of repressive actions by the government of Malaysia, in August 2007 filed a fascinating class-action lawsuit in the Royal Courts of Justice in London. It seeks damages of 48 trillion pound from Britain for bringing Indians into Malaysia as indentured servants and then failing to assure that their rights were protected by Malaysia's constitution when independence was granted. (Wikipedia). Following the latest temple destruction -- of the 100-year-old Maha Mariamman Temple in Padang Jawa -- HAF has asked for government approval of a gathering of Hindus scheduled for Sunday to submit a petition, referring to the class-action suit, to the British High Commission in Kuala Lumpur.

Nigerian Politicos May Use Religion To Postpone Their Own Ouster

In Nigeria, the present national executive leaders of the Peoples Democratic Party are invoking religion in a new way. According to Thursday's This Day Online, in order to extend the term of PDP National Working Committee officials, the party's executive committee is likely to move the special national convention scheduled for January 5, 2008 to March and April of 2008 instead. The excuse that will likely be used by the National Executive Committee is that Muslims on hajj as well as Christians getting ready for Christmas will not be able to participate in planning for an early January convention.

Miami Federal Prison Warden Encourages Aleph Institute

On Wednesday, John T. Rathman, new warden of Miami, Florida's Federal Detention Center, met with staff of the Aleph Institute to learn about its programs that help former inmates with housing and employment so they can successfully reenter society. Rathman indicated a strong interest in working with Aleph-- an organization sponsored by the Orthodox Jewish Chabad movement-- to create pre-release programs that can be offered in prison to those who are approaching their release dates. According to a release issued yesterday by Chabad, the new warden also indicated an interest in helping Aleph to expand its educational programs at the prison.

Indonesian Poll Backs Sharia Law In Districts That Have Adopted It

In Indonesia, a poll conducted by the Centre for the Study of Religion and Culture in six districts that have implemented Sharia-inspired laws found that they were supported by 94.7% of respondents. AKI yesterday reported on the poll of 1000 Indonesians, including 200 non-Muslims. Interestingly, 46% of the non-Muslim respondents also supported the laws. However 44.5% of Muslims surveyed said that the Sharia laws did not improve the economy of the regions. In the district of Bireun, tourism has suffered after the local authorities enforced caning punishments for adultery and alcoholism. The survey also found that most Muslim respondents would like to ban non-Muslim places of worship being built in their neighborhoods.

President Marks Thanksgiving In Several Venues

Last week, President Bush issued a Proclamation declaring today to be Thanksgiving Day. It reads in part:

Our country was founded by men and women who realized their dependence on God and were humbled by His providence and grace. The early explorers and settlers who arrived in this land gave thanks for God's protection and for the extraordinary natural abundance they found. Since the first National Day of Thanksgiving was proclaimed by President George Washington, Americans have come together to offer thanks for our many blessings. We recall the great privilege it is to live in a land where freedom is the right of every person and where all can pursue their dreams. We express our deep appreciation for the sacrifices of the honorable men and women in uniform who defend liberty. As they work to advance the cause of freedom, our Nation keeps these brave individuals and their families in our thoughts, and we pray for their safe return.

On Monday the President spoke (full text) at Berkeley Plantation in Charles City, Virginia, which claims to be the site of the first Thanksgiving, predating that of the Pilgrims in Massachusetts. As the President recounted:

In 1619, a band of 38 settlers departed Bristol, England for Berkeley aboard a ship like the one behind me. At the end of their long voyage, the men reviewed their orders from home. And here's what the orders said: "The day of our ship's arrival h shall be yearly and perpetually kept holy as a day of Thanksgiving to Almighty God." (Applause.) Upon hearing those orders, the men fell to their knees in prayer. And with this humble act of faith, the settlers celebrated their first Thanksgiving in the New World.

Finally, on Tuesday in remarks in the Rose Garden, The President issued the traditional pardon for this year's two White House turkeys, May and Flower, and sent them on to Disney World to serve as honorary Grand Marshalls in the Thanksgiving Day parade. However the White House staff has apparently found some replacements since the Thanksgiving Day menu for the President at Camp David includes Oven Roasted Turkey.

Indiana Senate Opens With Sectarian Invocation

Prayer in the Indiana legislature remains in the news. Now that the constitutional challenge by taxpayers to opening House sessions with sectarian prayer has been dismissed on standing grounds (see prior posting), the Indiana state Senate is getting into the fray. On Tuesday, State Sen. Dennis Kruse offered the opening invocation, and ended it with the words: "We pray this in the name and beloved power of our Lord Jesus Christ and for his sake, Amen." (Anderson, IN Herald Bulletin). Yesterday's Indianapolis Star says that Senate President Pro Tem David Long specifically permitted the sectarian prayer, concluding that the Senate was on safe legal ground now that the suit against the House speaker has been dismissed. However House Speaker B. Patrick Bauer said state Attorney General Steve Carter advised him not to permit sectarian prayer in the House because the 7th Circuit's standing opinion is subject to a pending motion for en banc review. ACLU attorney Ken Falk said that his organization would likely sue on behalf of someone who was subjected to the prayer if the Senate continues the use of sectarian invocations.

China's Rules For Olympic Visitors Bars Falun Gong Materials or Activities

The Coalition to Investigate the Persecution of Falun Gong issued a press release yesterday calling attention to the disparate treatment of Falun Gong members who will be attending the 2008 Winter Olympics in China. Apparently the News Director of the Beijing Olympics media center in Canada responded to criticism of religious restrictions, saying that the government would allow athletes and tourists to bring religious objects for their personal use during the Olympics. However, he said, this does not apply to Falun Gong practitioners since Falun Gong texts and activities are outlawed in China.

Opening In VA Episcopal Church Case Published; More Defections Loom

As previously reported, a trial in Fairfax, Virginia is underway to determine the ownership of property housing eleven Virginia churches that have broken from the Episcopal Church USA to join a more conservative parent group, the Convocation of Anglicans in North America. At the heart of the trial is Virginia's "division statute" enacted at the time of the Civil War to deal with church splits over slavery. Virtue Online yesterday posted the full text of the opening statement at trial made by attorney Steffen Johnson on behalf of the breakaway congregations. He summarized his position as follows:

[T]he General Assembly enacted the division statute to ensure that a neutral principle, majority rule, would govern situations when a group of congregations divided from their former denomination and formed a new branch of the church. That happened in the 19th century and it continues to happen today. What is perhaps unique about this case is that the division has played out at the international level of the church as well, but it is no less a division within the meaning of the statute. Indeed, the international element of this dispute merely confirms the magnitude of the division...

Meanwhile last Saturday, the Episcopal Diocese of Forth Worth, Texas became the fourth Episcopal diocese to begin the process of leaving the Episcopal Church USA in order to affiliate with a more conservative Anglican province. Tuesday's Christian Post reports that the first of two required votes were taken at the diocese's annual convention.

Scalia Will Have Two Orthodox Jewish Law Clerks In 2008

Beginning in July 2008, two law clerks to U.S. Supreme Court Justice Antonin Scalia will be Orthodox Jews. Moshe Spinowitz and Yaakov Roth, both Harvard Law graduates and both now clerking for U.S. 1st Circuit Court of Appeals judge Michael Boudin, say their religious faith was not a significant issue in their selection. Wednesday's Forward, reporting the story, inteviewed Nathan Lewin, a prominent Orthodox Jewish lawyer who clerked for Justice John M. Harlan from 1961 to 1962. Lewin was a classmate and friend of Scalia's at Harvard where they both were law review editors. Lewin recalled Scalia commenting at times that Talmudic training gives law students a head start. Roth's selection as a Scalia clerk was reported on earlier this year.

Most of "Flying Imams" Claims Survive Motion To Dismiss

In the so-called "flying imams" case (see prior posting), a Minnesota federal district judge on Tuesday permitted plaintiffs-- who claim that religious and racial discrimination was involved in their removal from a flight out of Minneapolis last year-- to move ahead with most of their numerous federal and state claims against US Airways and the Metropolitan Airports Commission (MAC). In Ibrahim v. U.S. Airways Group, Inc., (D MN, Nov. 20, 2007), the court among other things held that plaintiffs sufficiently alleged that U.S. Airways acted under color of law through joint conduct with MAC. The court also held that while the Federal Aviation Act shields airlines' decisions to exclude passengers for security reasons, that shield does not extend to plaintiffs' claims arising out of their arrest and detention after they were taken off the plane.

Yesterday's Minneapolis Star Tribune reporting on the decision, quoted Frederick Goetz, one of plaintiff's lawyers, who praised the decision: "This has always been a straightforward civil rights case. You had six individuals ... doing absolutely nothing wrong. They prayed in the airport and got arrested. That's unconstitutional, and they deserve redress."

British Groups Produce Model Governance Documents for Independent Churches

In Britain, the government's Charity Commission has been attempting to improve governance standards of religious charities. Now, together with the Evangelical Alliance, the completion of three model governance documents for independent churches has been announced :

The documents set out the proper checks and balances required to allow paid church leaders to take appropriate leadership responsibilities as church charity trustees, manage any potential conflicts of interest, and offer churches a legal structure to help govern their charity....

A revised Model Trust Deed ... offers independent churches with a non-voting membership a legal structure to help govern their charity.

Also now available are a Model Constitution - designed for situations where the wider membership of the church is involved in its governance and decision-making processes - and a Model Memorandum and Articles of Association designed for situations where a corporate structure is considered important. Guideline documents are also accessible for further assistance.

The full text of all the documents and accompanying guidelines are available from the Evangelical Alliance website.

Florida County School Board Members Favor Teaching Intelligent Design

The Lakeland (FL) Ledger reported yesterday that a majority of the Polk County, Florida, School Board is in favor of teaching intelligent design in public schools. Three of the seven board members say they oppose Florida's proposed science standards that include evolution and biological diversity as one of the "big ideas" that are critical for a well-grounded science education. A fourth member says she wants intelligent design taught in addition to evolution.

Former FLDS Leader Sentenced To Prison

A Utah judge yesterday sentenced Warren Jeffs, former leader of the polygamous FLDS Church, to two consecutive terms of five years to life in prison for forcing 14-year old Elissa Wall to "spiritually" marry her 19-year old cousin Allen G. Steed. Jeffs did not heed her later request to be released from the marriage because of unwanted sexual contact. Today's New York Times reports on the sentencing following Jeffs conviction on the unusual charges of being an accomplice to rape. Reporting on the sentence, the AP quotes Jeff's attorney, Wally Bugden, who said: "This was all about religion. The foundation of this case was the prosecution of Mr. Jeffs because of placement marriage." Meanwhile according to UPI, Jeffs attorneys have already filed an appeal of his conviction, arguing that there was no evidence showing Jeffs was aware of the nonconsensual sex forced on Wall. (See prior related posting.)

Establishment Challenge To Highway Patrol Memorial Crosses Dismissed

In an interesting opinion, a Utah federal district court has granted summary judgment to defendants and dismissed an Establishment Clause challenge brought by American Atheists to crosses placed on public property to memorialize state Highway Patrol officers who died in the line of duty. The case is American Atheists, Inc. v. Duncan, (D UT, Nov 20, 2007) [full text at this link, scroll down to pg. 78]. In dismissing the case and permitting the Utah Highway Patrol Association to continue erecting memorials, the court said:

Just as the Christmas tree evolved into a secular symbol of celebration, the cross has evolved into a symbol capable of communicating a secular message of death and burial. While the cross retains its religious meaning when placed in religious contexts, it has transformed into a representation of death and burial when placed in pop culture settings and when used as a memorial. Like the Christmas tree, which took on secular symbolism as Americans used the tree without subscribing to a particular religious belief, the cross has attained a secular status as Americans have used it to honor the place where fallen soldiers and citizens lay buried, or had fatal accidents, regardless of their religious belief. And the progression of the cross from a religious to a secular symbol continues as crosses are increasingly used to symbolize death in advertising campaigns, films, television, and seasonal holiday decorations--frequently having nothing to do with religion or a particular religious belief. Consequently, the court finds a reasonable observer, aware of the history and context of the community would not view the memorial crosses as a government endorsement of religion.

Yesterday's Deseret Morning News reports on the decision. (See prior related posting.)

UPDATE: Fox News reported on Wednesday that American Atheists plans to appeal the ruling.

Cert Petition Filed In Summum "Seven Aphorisms" Case

A petition for certiorari (full text) has been filed by the American Center for Law and Justice with the U.S. Supreme Court in Pleasant Grove City v. Summum. In the case, the 10th Circuit Court of Appeals held that Summum was entitled to erect a Seven Aphorisms monument in a city park that already features a number of other displays relating , including a 10 Commandments monument donated by the Fraternal Order of Eagles. (See prior posting.) En banc review was denied by a 6-6 vote. (See prior posting.) In announcing the filing, ACLJ said: "The lower court’s decision misses the crucial distinction between government speech and private speech. The government has to be neutral toward private speech, but it does not have to be neutral in its own speech."