City Arts Commission Funds Religious Statues At Churches

The AP yesterday reported on an interesting use of public funds by the Edmond, Oklahoma Visual Arts Commission. The Commission unanimously approved paying half of the $17,500 cost of a statue of Moses to be placed in front of First Christian Church in Edmond. It previously paid $3,187.50 for a statue of St. Francis that is displayed at the Church of the Good Shepherd. The Commission administers the city's Art In Public Places ordinance.

French High Court Upholds Ban On Keski In Schools

The Conseil d'Etat, France's highest court for review of administrative decisions, has upheld the 2004 expulsion from the Louise-Michel High School of Bobigny of three Sikh boys who insisted on wearing a keski (an under-turban). Punjab News Line yesterday reported that the decision, handed down December 5, finds that the keski is not a discreet sign but is an ostensible manifestation of religion which is prohibited in schools by a 2004 French law. The court held that the keski ban did not lead to an excessive infringement of freedom of thought, conscience and religion guaranteed by Article 9 of the European Convention on Human Rights. Since the ban applies to all religions, the court said it does not violate the anti-discrimination provisions of Article 14 of the ECHR. The schoolboys, represented by United Sikhs, plan to appeal to the European Court of Human Rights and to the United Nations Human Rights Committee. It is not clear how the decision of the Conseil d'Etat affects arrangements that have by now been worked out in many French schools that permit Sikhs to wear a keski. (See BBC News, April 19, 2005.)

North Carolina Court Bans Eid al-Adha Slaughter Arrangement At Farm

In Smithfield, North Carolina, a Johnston County judge yesterday issued a temporary restraining order preventing farmer Eddie Rowe from again opening his Princeton (NC) farm to Muslim families who wish to slaughter lambs for Eid al-Adha (Feast of the Sacrifice). According to the Raleigh News & Observer, Rowe charges individuals $160 for a lamb which they can personally slaughter on his 300-acre farm. State agriculture officials insist that Rowe must build a custom slaughterhouse to protect against disease and unsanitary conditions. Rowe says that would cost $740,000. Apparently, however, under North Carolina law (NCGS Sec. 106-549.27) individuals could take the lambs back to their own residences and slaughter them there under an exemption for non-commercial slaughter.

Rowe's attorney, Glenn Barfield, hopes that some of Rowe's customers will appear in court next week when a hearing will be held on whether to make the slaughter ban at Rowe's farm permanent. Those individuals could raise free exercise objections to the ban imposed by the court. Eid al Adha begins next Wednesday.

Meanwhile, Raleigh's Muslim American Society Freedom Foundation is offering local Muslims an alternative. They can donate money which the Foundation will use to have cows killed at a licensed slaughterhouse. The meat will be butchered and distributed to charities.

UPDATE: On Tuesday, the court rejected a request from several Muslim families in Wake and Johnston counties that it lift the injunction. Johnston County Superior Court Judge Tom Lock said that the order does not infringe the families' free exercise of religion because they can still slaughter their own lambs at a state-licensed facility. (News & Observer, Dec. 19).

Wiccan Symbol Joins Nativity Scene In Green Bay

As previously reported, Chad Fradette, City Council President in Green Bay, Wisconsin, obtained agreement from other city officials to install a nativity scene at City Hall, in sympathy with a smaller Wisconsin town whose nativity display was being challenged. Green Bay's resolution approving the nativity scene also provides that other religious groups can put up displays alongside it. Yesterday's Green Bay Press-Gazette reports that the city has received six requests from others. The first to actually be installed is a Wiccan symbol-- a 3-foot diameter wreath encircling a pentagram. Fradette, displaying broad ecumenical tolerance, said: "That’s pretty. I’m glad there’s something else up there." Another group has told Fradette that it will appear to sing Christmas carols before next Tuesday's City Council meeting begins. Council will discuss rules and guidelines for religious displays on City Hall property.

Canada's High Court Affirms Damages To Wife Who Was Denied A Jewish Divorce

In a 7-2 decision yesterday, Canada's Supreme Court held that an Orthodox Jewish woman could collect damages in a Quebec civil court for her husband's breach of an agreement to give her a Jewish divorce decree ("get"). In Bruker v. Marcovitz, (Sup. Ct. Canada, Dec. 14, 2007), the majority held that the promise to obtain a get, set out in the Consent to Corollary Relief entered into by the parties as part of their divorce proceedings, was a valid and binding agreement. The majority rejected the husband's argument that his freedom of religion assured by the Quebec Charter of Human Rights and Freedoms protected him from having to pay damages for breach of a promise to carry out a religious act. The majority said:

Despite the moribund state of her marriage, Ms. Bruker remained, between the ages of 31 and 46, Mr. Marcovitz’s wife under Jewish law, and dramatically restricted in the options available to her in her personal life. This represented an unjustified and severe impairment of her ability to live her life in accordance with this country’s values and her Jewish beliefs. Any infringement of Mr. Marcovitz’s freedom of religion is inconsequential compared to the disproportionate disadvantaging effect on Ms. Bruker’s ability to live her life fully as a Jewish woman in Canada.

Justice Deschamps' dissenting opinion argued that the husband's agreement to give his wife a "get" is merely a moral undertaking, and even if it were enforceable, civil courts cannot be used to sanction an individual's failure to perform a religious act. Interestingly, both the majority and dissenting opinions reviewed precedent from other countries in reaching their conclusions, citing cases from France, Britain, Australia, the United States and Israel.

CBC News and the Montreal Gazette both report on the case which reverses the Court of Appeals decision and upholds the trial court's award of $47,500 in damages to Stephanie Bruker who for 15 years was denied a "get" by her former husband Jessel Marcovitz.

Danish Sikh Appeals Conviction For Carrying Kirpan

Today's Hindustan Times reports on the legal battle that has grown out of the arrest in Denmark of a Sikh youth for carrying a Kirpan. Ripudaman Singh was convicted and fined for violating a Danish law that prohibits carrying a knife or dagger over 2.5 inches long in public places, unless it is part of occupational activities. The Copenhagen City Court judge who convicted Singh said that there is no exception in Danish law for the Kirpan, even though Sikh religious beliefs require baptized Sikhs to carry it. Singh says he will appeal the conviction.

Religion In China Continues To Draw Attention

Religious freedom, or the lack of it, in China continues to make the news. The Christian Post yesterday reports on the mass arrest last Friday of 270 unregistered "house church" pastors who were gathering for a meeting in Shandong province. As of yesterday morning, 70 remained in jail. Today's USA Today reports on China's secret detention of Christian bookstore owner Shi Weihan who has refused to register his "house church". Meanwhile Earth Times today reports on the rapid growth of Buddhism in China. It says that the Chinese government has supported Buddhism and state-sanctioned temples in part to counteract the influence of the banned Falun Gong movement. Some critics say that large Buddhist Temples spend too much time promoting tourism and other non-religious activities.

Scholars Discuss Church-State Issues

An hour-long video of Dan Rather Reports titled Church & State: Separation Anxieties, is available online from HDNet. The discussion of religion and government in American life features 10th Circuit Judge Michael McConnell, Baptist Joint Committee general counsel Holly Hollman, Notre Dame Law Professor Rick Garnett, and Princeton University Provost Christopher Eisgruber. [Thanks to How Appealing for the lead.]

Sectarian Prayer At Ohio County Board Becomes An Issue

Opening prayers at meetings of the Delaware (Ohio) County Board of Commissioners are the latest to come under fire. This Week Community Newspapers and today's Columbus Dispatch both report on a letter sent to the Commissioners by Americans United urging the them to eliminate "all future prayers in order to make all feel equally welcome at meetings." This year's Board president, Glenn Evans, has opened each meeting with the pledge of allegiance and a prayer, instead of with the moment of silence that previous Board president Jim Ward used. Evans typically concludes his opening prayer with: "In your son's name, we ask these things."

Lisbon Treaty Makes EU Charter of Fundamental Rights Legally Binding

Yesterday, leaders of the European Union signed the Lisbon Treaty (full text), a document that restructures the EU's governance. (New York Times). Among its provisions is one that makes the EU's Charter of Fundamental Rights legally binding on members. (Earth Times.) Article 10 of the Charter protects freedom of thought, conscience and religion, including the right "to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance." It goes on to recognize the right to conscientious objection in accordance with national laws governing the exercise of that right. A protocol to the Lisbon Treaty limits the application of the Charter of Fundamental Rights in Britain and Poland to rights recognized by the national law of those countries. Britain is concerned that the Charter might be used to override its labor laws, and Poland is concerned about the Charter's prohibitions on discrimination based on sexual orientation. The Lisbon Treaty will come into force only if all 27 EU members ratify it.

US Official Charged With Threatening To Put "Hex" On Staff Members

The Washington Post reports today that employee complaints have led to four separate investigations into the employment practices of the Office of the Special Inspector General for Iraq Reconstruction (SIGIR). In addition to allegations of overspending and unauthorized examination of employee e-mails, a more unusual allegation has been lodged against Inspector General Stuart Bowen's deputy, Ginger Cruz. Complaints say that Cruz, a Wiccan, threatened to put hexes on employees. A former SIGIR employee told the Post, "We warned Ginger not to talk about witchcraft, that it would scare people."

British Officials Euthanize Cow Being Protected By Hindu Monks

In Britain, according to yesterday's Times Online, leaders of the Hindu Community at Bhaktivedanta Manor temple in Hertfordshire are considering legal action against the Royal Society for the Prevention of Cruelty to Animals after RSPCA officials euthanized a cow while worshippers were at prayer. Officials were carrying out provisions of Britain's Animal Welfare Act that makes it an offense to permit an animal to suffer unnecessarily. The cow, suffering from a muscle-wasting disease, was being cared for by monks at a temple that former Beatle George Harrison donated to the Cow Protection Project. The Project allow cows and bulls-- considered sacred by Hindus-- to die naturally. The temple's account of events are posted on its website.

Scientolgy Now Recognized As Registered Religion by Portugal

A release today from the Scientology Press Office reports that Portugal now recognizes Scientology as a registered religious community. The new recognition comes after a 2001 religion law enacted in Portugal required certain previously recognized groups, including Scientology, to re-apply for registration.

House Passes Resolution On Importance of Christmas-- But Not Unanimously

On Tuesday, the U.S. House of Representative passed by a vote of 372 to 9 (with 10 voting "Present") H. Res. 847, recognizing the importance of Christmas and the Christian faith (full text). Fox News reports that the resolution was sponsored by Iowa Rep. Steve King who said he introduced it because of "secularists in the country who are trying to eradicate Christ from Christmas." King is particularly upset with the nine Democrats who voted against the Resolution, saying that most of them supported earlier resolutions acknowledging Ramadan and recognizing the Indian celebration of Diwali. King voted "present" on those two resolutions.

Chilean Priest Sentenced To Reciting Psalms For Parking Violation

In the Chilean city of Puerto Montt, a judge has imposed an unusual alternative sentence for illegal parking on a Catholic priest, Father Jose Cornejo. CNN reports that Judge Manuel Perez, informed that the priest could not afford the fine equivalent to $100 (US), ordered him instead to recite seven Psalms from the Bible each day for three months. Judge Perez said that he imposed the sentence: "as a tribute to Galileo Galilei ... who received a similar sentence from the Catholic Church ... for saying the Earth rotates around the sun." [Thanks to Bill Wildhack for the lead.]

Religion Remains An Issue In Republican Caucuses and Primaries

In the Republican presidential campaign, candidates' religious views seem to continue to be of importance. The New York Times has published on its website an advance copy of The Huckabee Factor which will appear in next Sunday's Magazine section. In it, reporter Zev Chafets describes this exchange with Huckabee about the religious beliefs of his chief rival, Mitt Romney:

I asked Huckabee, who describes himself as the only Republican candidate with a degree in theology, if he considered Mormonism a cult or a religion. "I think it’s a religion," he said. "I really don’t know much about it." I was about to jot down this piece of boilerplate when Huckabee surprised me with a question of his own: "Don’t Mormons," he asked in an innocent voice, "believe that Jesus and the devil are brothers?"

According to CNN, yesterday Huckabee personally apologized to Romney for his statement. Huckabee was surprised at the furor caused by his remarks, which were part of a several-hour conversation with Chafetz. He said: "[Chafetz] was trying to press me on my thoughts of Mitt Romney's religion, and I said 'I don't want to go there.' I really didn't know. Well, he was telling me things about the Mormon faith, because he frankly is well-schooled on comparative religions. As a part of that conversation, I asked the question, because I had heard that, and I asked it, not to create something -- I never thought it would make the story."

Meanwhile, in yesterday's Des Moines Register debate among Republican candidates (full transcript), the primary mention of religion was in remarks by candidate Alan Keyes. Interjecting himself into a discussion on education policy, Keyes said:

Governor Huckabee just addressed the question of education claiming that he is the spokesman, do you know the major problem? We allowed the judges to drive God out of our schools. We allowed the moral foundation of this republic which is that we are created equal and endowed by our creator, not by our constitution or our leaders with our rights. If we don't teach our children that heritage and the moral culture that goes along with it, we cannot remain free, they will not be disciplined to learn science, to learn math, to learn history, to learn anything. And they don't want to talk about this except when they're squabbling about their own personal faith and forgetting that we have a national creed. And that national creed needs to be taught to our children so that whether they were scientists or businessmen or lawyers they will stand on the solid ground of a moral education that gives them the discipline they need to serve the right, to exercise their freedom with dignity, and to defend justice because they understand it is our heritage.

Tennessee Trial Under Way Over "Praying Parents" In School

The Tennessean is giving extensive coverage to the trial that began in federal court in Nashville on Wednesday in Doe v. Wilson County. (See prior related posting.) The suit charges that Lakeview Elementary School in Mt. Juliet, Tennessee, unconstitutionally endorsed particular religious beliefs. At issue are activities in the school of a group known as Praying Parents, which was given a link on the school's website, allowed to run announcements in the school's newsletter, leave "you've been prayed for" cards for teachers and students, and send announcements home with students. News articles cover the testimony of one of the Praying Parents; testimony of the anonymous plaintiff who objected to See You at the Pole and National Day of Prayer events at the school; and testimony of the school's former principal who said that he would have allowed other groups equal access to the school's website and to distribute flyers. An article today summarizes testimony so far.

California Student Sues Alleging Teacher's Remarks Violated Establishment Clause

A Mission Vejo, California high school student and his parents have filed a suit in federal district court against Capistrano Valley High School teacher James Corbett and the Capistrano Unified School District. The suit grows out of remarks Corbett repeatedly made in teaching his Advanced Placement European History class. The complaint (full text) asks the court to declare that Corbett's remarks-- which were hostile toward religion and toward traditional Christian views on sexuality-- violate the Establishment Clause. The suit alleges that Christian students in Corbett's class felt ostracized by Corbett's anti-religious statements. Yesterday's Orange County Register reports on the court filing which contains numerous quotations recorded in Corbett's class by plaintiff Chad Farnan.

Missouri's Governor Responds To Christmas Dispute

Today's St. Louis Jewish Light reports on Missouri Governor Matt Blunt's response last month to a dispute over holiday decorations at Missouri State University. After a Jewish faculty member complained about a Christmas tree in one of the University buildings, it was taken down. However a few days later it reappeared with a Hanukkah menorah next to it. The Governor issued a statement on Nov. 29 saying:

I was deeply troubled by MSU's decision to take down a campus Christmas tree. President Nietzel’s reversal of this outrageous decision by University bureaucrats was the only proper decision and I thank him for it. The historical underpinnings and meaning of Christmas cannot be ignored because some university office received a complaint.

Today, I issued a directive to state agencies that no state employee will be reprimanded, cautioned or disciplined for saying "Merry Christmas" to others. I strongly recommend that MSU as well as all other taxpayer supported institutions adopt my policy.

Charter Proposal In Quebec Would Protect Women From Religious Discrimination

Quebec Premier Jean Charest's government has introduced legislation that would modify the preamble to Quebec's Charter of Human Rights and Freedoms to guarantee the Charter's application equally to men and women, according to a report in today's National Post. The proposal, based on a recommendation of the province's Council on the Status of Women, is designed to prevent courts from limiting the rights of women in order to protect religious liberty. Quebec's Charter covers private actions as well as governmental ones. University of Quebec professor Pierre Bosset says that the amendment is not needed because existing provisions in the Charter already prohibits gender discrimination.