Mormon Student's Suit Against West Virginia Scholarship Board Settled

According to the Charleston (WV) Gazette-Mail, on Friday the West Virginia Higher Education Policy Commission and the state's Promise Scholarship Board agreed to settle a lawsuit that had been filed by West Virginia University student David Haws. The suit challenged Promise scholarship rules that has prevented Haws from keeping his scholarship after he took a two-year leave of absence to serve a Mormon church mission. Haws scholarship was reinstated in October, and earlier this month the Board voted to change its leave policy. (See prior posting.) The last step leading to the parties signing a joint stipulation settling the case was the state's reimbursement of legal fees to the ACLU which had filed suit on behalf of Haws. Despite this, in January Haws will transfer to Southern Virginia University, a private school that has awarded him a full scholarship.

Naturalization Oath Modified To Accommodaate Raelian

The standard Oath of Allegiance for Naturalized Citizens prescribed by the U.S. Citizenship and Immigration Services concludes with the phrase "so help me God". Las Vegas Now reports that at a naturalization ceremony on in Nevada on Friday former Swiss citizen Thomas Kaenzig convinced federal officials to permit him to take the oath without that final phrase. Kaenzig is a Raelian. Raelians believe that humans were created by a race of extraterrestrials. As a pacifist, Kaenzig was also permitted to exclude from his oath the promise to bear arms on behalf of the United States.

UPDATE: 8 CFR Sec. 337.1(b) specifically permits deletion of "so help me God" from the oath for reasons of conscience. [Thanks to posted Comment from Scott M.]

Two Reports On Faith-Based Activities Released

Last Wednesday, the Roundtable on Religion and Social Welfare Policy held its 2007 Conference, "Acts of Faith: Congregations and Social Services". In connection with the conference, it released two reports. One titled American Congregations and Social Service Programs presents the result of a survey by Prof. John Green on the extent to which religious congregations offer social service programs, and the extent to which they rely on grants to fund the programs. The report found: "less than one-tenth of all congregations reported seeking government grants for social services in the past four years. But nearly one-half said they were likely to increase government grant activity in the future. Overall, the congregations reported higher levels of private agency grant activity, with more than one-sixth having sought a private grant in the last four years. Nearly two-thirds of all congregations said they would likely increase private grant activity in the future." Friday's Chicago Tribune summarizes other portions of the survey.

The second report was The State of the Law 2007: Legal Developments Affecting Government Partnerships with Faith-Based Organizations , written by law professors Ira Lupu and Robert Tuttle. The report covers areas such as standing, legislative earmarks, child custody, various kinds of government grants to faith-based groups, government chaplains, prison activities, and discretionary exclusion of faith-based groups from government programs. [Thanks to Melissa Rogers for the lead.]

Recent Prisoner Free Exercise Cases

In Bock v. Gold (Case No. 1:05-CV-151, D VT, Nov. 28, 2007) [available on PACER], a Vermont federal magistrate judge recommended that a portion of a Jewish prisoner’s free exercise claims be permitted to proceed. The prisoner alleged that he was refused certain accommodations that would permit him to celebrate Passover, Hanukkah and Purim. He also alleged that prisoners of other faiths obtained more extensive accommodation of their practices. The magistrate judge rejected plaintiff’s claim that damages are available under RLUIPA. However he concluded that a claim for punitive damages for violations of plaintiff’s free exercise rights could move ahead. The Dec. 1 Burlington Free Press reported on the decision.

In Farnworth v. Craven, 2007 U.S. Dist. LEXIS 88223 (D ID, Nov. 30, 2007), an Idaho federal magistrate judge refused to permit a prisoner, now on parole, to pursue a damage claim against the executive director of the Idaho Commission of Pardons and Parole. Plaintiff complained that he was required to attend a substance abuse program containing a religious component in order to gain eligibility for parole. The court concluded that defendant had absolute immunity from damage claims stemming from this exercise of discretion in imposing parole conditions.

In Georges v. Ricci, 2007 U.S. Dist. LEXIS 89030 (D. NJ, Dec. 4, 2007), among numerous claims about his condition of confinement, plaintiff, without specifying his religious beliefs, alleged generally that he had been deprived of unspecified religious items and services. The court dismissed the claim, with leave to amend and refile it spelling out his claim more clearly.

In Kaufman v. Schneiter, 2007 U.S. Dist. LEXIS 88880 (WD WI, Nov. 27, 2007), a Wisconsin federal district court dismissed for lack of standing an atheist prisoner’s Free Exercise claim challenging the policy that prevented inmates in the high security “step program” from receiving religious or other publications. The court also rejected an Establishment clause claim that the prison maintained a stock of Christian reading materials, but not reading materials on atheism. The court found that the prison official named in these charges had not been shown to have been involved in decisions not to stock atheist literature.

In Campbell v. Schriro, 2007 U.S. Dist. LEXIS 89300 (D AZ, Nov. 21, 2007), and Arizona federal district court allowed a prisoner, a follower of the Avsarian religion, to proceed with a claim that a prison chaplain discriminated against him in not approving a vegetarian diet while approving such diets for Christian inmates who requested them. The court rejected plaintiff’s claims that the Arizona Department of Corrections negligently hired, supervised and trained its chaplains, and permitted Christian chaplains to assess the legitimacy of non-Christian religions. Plaintiff failed to allege facts supporting these claims.

In Roberson v. Woodford, 2007 U.S. Dist. LEXIS 89253 (NC CA, Nov. 15, 2007), a California federal district court permitted a prisoner to proceed with a claim that he should receive time credit restoration and damages because he was unconstitutionally disciplined for wearing a beard as required by his religion. He claimed that prison grooming standards violated his rights under the free exercise clause and RLUIPA.

New York Principal Demoted For Using School Funds For Santeria Ceremony

The New York Post reported last week that New York City school principal Maritza Tamayo has agreed to a demotion, a pay cut, and to resign next year after an investigation by the city's Conflicts of Interest Board. Tamayo convinced an assistant principal to fund $900 so she could cleanse the Unity Center for Urban Technologies building of negative energies through a Santeria ceremony. The ceremony, involving the use of chicken blood, was conducted at a time that no students were in the school. [Thanks to Chas S. Clifton for the lead.]

Florida High Court Refuses Review Of School Chaplain's Confidentiality Breach

Yesterday in Woodard v. Jupiter Christian School, (FL Sup. Ct., Dec. 6, 2007), the Florida Supreme Court, by a vote of 5-2, refused to review a case brought by a former student at a private Christian school. Jeffrey Woodard was expelled from Jupiter Christian School after the school's chaplain in whom he confided went back on his promises of confidentiality and disclosed to school administrators that Woodard was gay. In 2005, a Florida Court of Appeals (Woodard v. Jupiter Christian Sch., Inc.) certified to the Supreme Court the question of whether Florida's "impact rule" precludes "a claim for negligent infliction of emotional distress arising out of the breach of confidential information provided to a clergyman." The impact rule prevents suits solely for negligent infliction of emotional distress unless the injury resulted from a physical impact. Today's Palm Beach Post reports on the Supreme Court's decision.

Creationist Sues After Firing For Refusing To Work On Part of NIH Grant Project

An interesting religious discrimination lawsuit was filed earlier this week in federal district court in Boston. Biology researcher Nathaniel Abraham was fired from his post-doc position at the prestigious non-profit Woods Hole Oceanographic Institution in 2004 after he requested not to work on "evolutionary aspects" of the NIH grant for which he was hired. Today's Boston Globe reports on the lawsuit by Abraham who claims he was subjected to a hostile work environment after he disclosed to his supervisor, senior scientist Mark E. Hahn, that he does not believe in evolution as a scientific fact. Abraham, who is now employed by Liberty University, was dismissed by Hahn because evolutionary theory was central to the research and to publications that Abraham was to co-author with Hahn. The Massachusetts Commission Against Discrimination dismissed Abraham's complaint earlier this year.

New Institute Trains Christian Students To Engage Secular Society

A story reprinted yesterday from the Colorado Springs (CO) Gazette profiles the Colorado Springs-based John Jay Institute for Faith, Society and Law. The Institute offers a year-long program to train college graduates on how to promote conservative Christian values as leaders in secular public life. Students spend a semester in demanding academic courses, and a second semester as interns at conservative political think-tanks in Washington, D.C. and elsewhere. The article reports: "The institute is the latest evidence of an intellectual movement that is taking the conservative Christian message beyond buzzwords such as anti-homosexuality and anti-abortion to attract better-educated and younger people who are interested in wider social issues such as the environment, science and law."

8th Circuit Enjoins MO's Funeral Picketing Law; KS Law Argued in State Supreme Court

Leaders of the Topeka, Kansas Westboro Baptist Church yesterday won their appeal to the U.S. 8th Circuit Court of Appeals and obtained a preliminary injunction prohibiting Missouri officials, at least for now, from enforcing the state's anti-funeral picketing law against them. The court summarized plaintiff's claim as follows:

Phelps alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church's religious message: that God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not. Phelps believes funerals are the only place where her religious message can be delivered in a timely and relevant manner.

In Phelps-Roper v. Nixon, (8th Cir., Dec. 6, 2007), the court held that plaintiff had demonstrated a fair chance of prevailing on the merits of her claim, and so was entitled to a preliminary injunction while the constitutionality of the statute is being thoroughly reviewed. Treating the statute as content-neutral and thus subject to intermediate scrutiny, the court questioned how important an interest the state has in protecting individuals from unwanted speech directed at them outside of their home. It said that plaintiff has a fair chance of proving that the Missouri statute is not narrowly tailored or is facially overbroad, and that it does not leave open ample alternative channels of communication. The court relied particularly on its 1999 decision in Olmer v. Lincoln enjoining enforcement of a law banning picketing of churches immediately before, during and after a scheduled religious activity. The AP yesterday reported on the decision. [Thanks to How Appealing for the lead.]

Meanwhile, AP reports that yesterday morning the Kansas Supreme Court heard arguments in another funeral-picketing-law case. Kansas placed a provision in its anti-funeral picketing statute, preventing it from going into effect until it was declared constitutional by the state Supreme Court or a federal court. The provision was included in order to prevent Westboro Baptist Church from becoming a plaintiff in a case challenging the law, and potentially collecting attorneys' fees if successful. (AP) However now the Kansas Supreme court is questioning whether the judicial trigger is constitutional. The Kansas attorney general's office is arguing that the judicial trigger provision can be struck down and the remainder of the law enforced. (See prior related posting.)

Hate Crimes Provisions Stripped From Defense Bill, Dooming Passage This Year

The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act will not pass Congress this year. The bill which was strongly opposed by many Christian conservatives extends hate crimes protection to gays and lesbians (as well as to women and the disabled). (See prior posting.) Today the New York Times and the Washington Post report on the complicated maneuverings that doomed the bill. The hate crimes measure had passed the House, and then passed the Senate as an addition to the 2008 defense authorization bill. A number of Democrats in the House, however, were refusing to vote for the defense bill because it includes no timeline for troop withdrawal from Iraq, and many House Republicans were opposed to attaching the hate crimes measure to the defense bill, since the President has threatened to veto the hate crimes amendments. (See prior posting.) Faced with the prospect of insufficient votes in the House, Democrats agreed in Conference yesterday to strip the hate crimes language from the defense bill. California Rep. Lynn Woolsey commented: "That is what happens when you put good things in bad bills."

President Speaks At National Christmas Tree Lighting

President Bush yesterday spoke (full text of remarks) at the lighting of the National Christmas Tree. He said, in part:

Each year at this time, we rejoice in the proclamation of good news, that in Bethlehem of Judea, a Savior was born. And we rejoice in the Christmas promise of peace to men of goodwill. We also reflect on the mystery of Christmas: the story of the Almighty, who entered history in the most vulnerable form possible -- hidden in the weakness of a newborn child. And we reflect on the call of our Creator -- who by taking this form, reminds us of our duty to protect and care for the weak and the vulnerable among us.

During this Christmas season, millions of Americans will answer this call by reaching out a compassionate hand to help brothers and sisters in need. We are thankful for these good souls who show the good heart of our nation. We're also thankful for the thousands of Americans who answer the call by serving our nation in uniform....

DC Church Unwillingly Gets Historical Status

Yesterday the Washington, DC Historic Preservation Review Board (HPRB) conferred historic landmark status on DC's Third Church of Christ, Scientist, over the objections of the congregation. The Washington Post and the Examiner both report the story. At the request of a group that included an architectural historian, the board voted 7-0 to designate the building, designed by architect Araldo Cossutta, as a historical landmark. It is an important example of the modern architectural form known as "brutalism"-- a fortress-like concrete "boxy structure" with few windows. (Photo of building.) The designation prevents the Church from carrying out plans to tear down the building and replace it with a smaller structure. Now no changes can be made without approval of the HPRB. The Becket Fund for Religious Liberty sent a letter to the HPRB arguing that landmarking the building would violate the Religious Freedom Restoration Act.

UPDATE: The full text of the Becket Fund's letter, which focuses on the Religious Land Use and Institutionalized Persons Act as well as RFRA, is now available online.

Florida Paper Criticizes Inspection Exemptions For Faith-Based Day Cares

As part of its series of article on inspection of day care centers, last Sunday's Gainseville (FL) Sun carried an article critical of provisions that permit faith-based child day-care centers to be inspected by private organizations rather than the state of Florida. (FL Stats., Title XXIX, Sec. 402.316). Reporting that Florida is among a dozen states that have special exemptions for religiously-sponsored day cares, the paper contends that some centers have switched to faith-based status after unhappiness with state inspections. Some Florida lawmakers have called for stricter regulation of faith-based centers after a 2001 incident in which a 2-year old was found dead in a van operated by a faith-based day care. However proposals for change have not been enacted.

Romney Delivers Major Speech On Role Of His Faith In Any Future Presidency

Fox News reports that Republican presidential candidate Mitt Romney made an important speech this morning attempting to answer questions that have been raised about his Mormon religious beliefs and their impact on decisions he would make as President. The speech was delivered at the George H.W. Bush Presidential Library in College Station, Texas, and Romney was introduced by the former president. The Wall Street Journal reprints the full text of Romney's speech. Here are some excerpts:

There are some who may feel that religion is not a matter to be seriously considered in the context of the weighty threats that face us. If so, they are at odds with the nation's founders.... Freedom requires religion just as religion requires freedom....

Let me assure you that no authorities of my church, or of any other church for that matter, will ever exert influence on presidential decisions. Their authority is theirs, within the province of church affairs, and it ends where the affairs of the nation begin....

There are some for whom these commitments are not enough. They would prefer it if I would simply distance myself from my religion, say that it is more a tradition than my personal conviction, or disavow one or another of its precepts. That I will not do. I believe in my Mormon faith and I endeavor to live by it. My faith is the faith of my fathers – I will be true to them and to my beliefs....

There is one fundamental question about which I often am asked. What do I believe about Jesus Christ? I believe that Jesus Christ is the Son of God and the Savior of mankind. My church's beliefs about Christ may not all be the same as those of other faiths. Each religion has its own unique doctrines and history. These are not bases for criticism but rather a test of our tolerance....

There are some who would have a presidential candidate describe and explain his church's distinctive doctrines. To do so would enable the very religious test the founders prohibited in the Constitution. No candidate should become the spokesman for his faith. For if he becomes President he will need the prayers of the people of all faiths.

I believe that every faith I have encountered draws its adherents closer to God. And in every faith I have come to know, there are features I wish were in my own: I love the profound ceremony of the Catholic Mass, the approachability of God in the prayers of the Evangelicals, the tenderness of spirit among the Pentecostals, the confident independence of the Lutherans, the ancient traditions of the Jews, unchanged through the ages, and the commitment to frequent prayer of the Muslims....

It is important to recognize that while differences in theology exist between the churches in America, we share a common creed of moral convictions. And where the affairs of our nation are concerned, it's usually a sound rule to focus on the latter – on the great moral principles that urge us all on a common course....

We separate church and state affairs in this country, and for good reason. No religion should dictate to the state nor should the state interfere with the free practice of religion. But in recent years, the notion of the separation of church and state has been taken by some well beyond its original meaning. They seek to remove from the public domain any acknowledgment of God. Religion is seen as merely a private affair with no place in public life. It is as if they are intent on establishing a new religion in America – the religion of secularism. They are wrong.

The founders proscribed the establishment of a state religion, but they did not countenance the elimination of religion from the public square. We are a nation "Under God" and in God, we do indeed trust....

Perhaps the most important question to ask a person of faith who seeks a political office, is this: does he share these American values: the equality of human kind, the obligation to serve one another, and a steadfast commitment to liberty?...

I'm not sure that we fully appreciate the profound implications of our tradition of religious liberty.... The establishment of state religions in Europe did no favor to Europe's churches. And though you will find many people of strong faith there, the churches themselves seem to be withering away.

Infinitely worse is the other extreme, the creed of conversion by conquest: violent Jihad, murder as martyrdom... killing Christians, Jews, and Muslims with equal indifference. These radical Islamists do their preaching not by reason or example, but in the coercion of minds and the shedding of blood. We face no greater danger today than theocratic tyranny, and the boundless suffering these states and groups could inflict if given the chance.

Here is a video of Romney's full speech. [Thanks to Melissa Rogers for finding this link.] Meanwhile this morning's New York Times ran a front page article on one of Romney's challengers, Mike Huckabee, focusing in large part on Huckabee's experience as an evangelical pastor.

New Mexico Town's School Board Rescinds Science Policy; Evolution Proponents Win

The Rio Rancho, New Mexico, Public Schools Board of Education on Monday night rescinded a policy it had adopted two years ago that had been read to permit Creationism and Intelligent Design to be taught in science classes along with evolution. Today's Rio Rancho Observer reports that, by a 3-2 vote, the Board rescinded Science Policy 401. The change came after new board member Divyesh Patel was elected to replace former board member Kathy Jackson. Patel said that there is "overwhelming scientific evidence for evolution" and that alternate beliefs should be taught in other classes, not in science courses. Board member Don Schlichte who opposed the repeal said he did not believe evolution is a fact, and that 50% of the world's population does not believe in evolution.

Muslim Student Sues Over Forced Removal of Headscarf At Jail Booking

The ACLU of Southern California has filed suit on behalf of a Muslim Ph.D. student at Claremont Graduate University who was arrested-- but never charged-- when she was discovered to be riding a Los Angeles commuter train without a valid ticket. The AP reports that graduate student Jameelah Medina was forced by the San Bernadino County Sheriff's Department to remove her headscarf for booking at jail. She also says that while being driven to jail, she was intimidated by Los Angeles County sheriff's deputy Craig Roberts who called Islam an "evil" religion. Medina's lawyer, Hector Villagra, argues that if the federal prison system can allow female Muslim inmates to wear the headscarf while in custody, there is no reason that the San Bernadino sheriff's office cannot have the same policy.

Maryland Court Rejects Zoning Objections To Retreat Center for Jesuit College

The Maryland Daily Record summarizes an unreported opinion of the Maryland Court of Special Appeals issued yesterday holding that Loyola College in Maryland is entitled to a special zoning exception to build a religious retreat center in Baltimore County. A neighborhood group objected that the Center would damage the rural character of the area. The opinion in the case, Loyola College v. People's Counsel, (Docket No. 0558/06, Dec. 5, 2007), distinguished earlier precedent that would have required Loyola, a Jesuit school, to show its proposed development would have no greater impact than if located anywhere else in the R.C. 2 zone of Baltimore County.

Secular Group Puts Its Own Display In Wisconsin Capitol

In Madison, Wisconsin, the Freedom From Religion Foundation has apparently decided to purse the strategy of "if you can't beat them, join them". It has put up its own display sign in the state Capitol near the holiday tree and Menorah that are already there. FFRF's sign reads: "At this season of the Winter Solstice, may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world." The Badger reported yesterday that FFRF co-president Dan Barker offered to take down the sign if the other displays are also removed. Rep. Marlin Schneider who is seeking to rename the Capitol holiday tree and call it a Christmas tree (see prior posting) is not opposed to FFRF's sign. He said that FFRF has a constitutional right to display it.

Branson, MO Council Resolution Would Support "Ozark Mountain Christmas"

Despite concerns from the City Attorney about Establishment Clause problems, the Board of Aldermen of Branson, Missouri on Tuesday met and discussed a resolution declaring the city's support for the "Ozark Mountain Christmas". The Springfield (MO) News-Leader and Branson Daily News report on the push for tourism that is at the heart of the resolution. The resolution also urges local businesses to keep the word and spirit of "Christmas" in Christmas and to foster the history and heritage of the traditional American Christmas in Branson. Finally it encourages businesses and residents to display Christmas decorations in order to help visitors experience an old-fashioned Christmas. Alderman Stephen Marshall who proposed the resolution said that some businesses were not displaying Christmas lights. He said the resolution is not a religious statement, but is an attempt to promote an event for which Branson is known. City Attorney Paul Link will review the language of the resolution further before it is presented for final passage next Monday.

UPDATE: On Monday, Branson's Board of Aldermen unanimously approved an amended version of the resolution. The Springfield (MO) News-Leader reports that, as passed, the resolution expresses the board's "support of the celebration of Ozark Mountain Christmas," but omits sections that urged local businesses and residents to display Christmas decorations and "keep the word and spirit of 'Christmas' in Christmas."

1st Circuit Hears Arguments In Challenge To Gay-Friendly Storybook In School

The U.S. First Circuit Court of Appeals yesterday heard arguments in a case in which parents allege that their free exercise of religion rights were infringed when a Lexington, Massachusetts school teacher read the book King and King to a first-grade class without giving prior notice to parents so they could exclude their children from hearing it. The book, designed to promote understanding of gay couples, tells the story of two princes who marry. During argument in Parker v. Lexington, according to a report in Bay Windows yesterday, the attorney for parents David and Tonia Parker and Rob and Robin Wirthlin said his clients have strong religious convictions that only heterosexual couples should be allowed to marry. Seeking a reversal of the district court's decision, attorney Robert Sinsheimer argued that the parents' free exercise rights include the right to teach their faith to their children.