Religion Clause

Wednesday, December 19, 2007

9th Circuit Remands RFRA Objection To Giving DNA Sample

Yesterday in United States v. Zimmerman, (9th Cir., Dec. 18, 2007), the U.S. 9th Circuit Court of Appeals held that a federal district court wrongly rejected a criminal defendant's objection under the Religious Freedom Restoration Act to providing a DNA sample. The sample was mandated by the 2004 DNA Act (42 USC Sec. 14135a.) The district court had merely held that defendant's beliefs were not religious because they are not central to the Roman Catholic faith in which he was raised. The 9th Circuit remanded saying that RFRA does not require that a belief be central to a mainstream religion. Instead, it ordered the district court to determine the precise scope of the defendant's beliefs, to determine whether they are sincerely held religious beliefs that are substantially burdened by giving a DNA sample and, if so, whether nevertheless this is the least restrictive means of furthering a compelling governmental interest. [Thanks to Sean Sirrine for the lead.]

San Francisco Archbishop Issues Q&A's On Religion and Politics

Following up on the U.S. Conference of Catholic Bishops' guidance on choices facing the electorate (see prior posting), San Francisco Archbishop George H. Niederauer has released a statement, in Question and Answer format, titled Religion and Politics - 2008. Here are some excerpts:

Q: Doesn't separation of church and state mean that religion and politics should have nothing to do with each other?
A: Religion and politics, church and state, should be independent of each other. However, both politicians and religious leaders rightly - and unavoidably - concern themselves with many of the same issues ... and it is only sensible that they communicate and even collaborate on the answers....
Q: Doesn't the moral perspective of the Catholic bishops on the issues facing voters in 2008 simply deny the reality of today's partisan divide and political choices?

A: Yes, the Catholic Church denies the reality and logic of a political structure in which citizens are forced to choose between protecting unborn children and fighting the horrors of global poverty because there are no viable candidates willing to do both. We deny the reality and logic of a political structure that prevents the emergence of candidates pledged to fighting the evil of euthanasia while seeking comprehensive justice on the issue of immigration.

Catholic News Service today reports on the Archbishop's statement.

Boulder City Council Approves Building Of An Eruv

After a discussion of First Amendment concerns, Boulder, Colorado's City Council last night approved by a vote of 5-2 a proposal to lease use of public rights-of-way so an Orthodox Jewish congregation can build an eruv-- a symbolic boundary within which religious restrictions on Sabbath activities can be relaxed. Acting City Attorney Jerry Gordon told Council that because the city already permits residents to lease use of public rights-of-way for cornices, patio seating and other encroachments, it cannot treat applications for religious uses more restrictively. Today's Boulder Daily Camera, reporting on the vote, quoted eruv opponent Councilwoman Lisa Morzel who said: "I believe that there are many people who would be offended with the idea that we are going to take a demarcation for religious purposes to make it convenient for a community to abide by a rule that's 4,000 years old."

Oklahoma City Employees Sue Over Holiday Display Policy

On Monday a federal lawsuit was filed over a Departmental Memo on holiday decorations issued last month by the City Manager of Oklahoma City (OK). The memo tells city employees that holiday decorations in government offices should be religiously neutral-- evergreen trees, snowflakes and reindeer, and not angels, crosses or menorahs. The complaint in Spencer v. City of Oklahoma City, (WD OK, filed Dec. 17, 2007) labels the memo the "Anti-Christmas Memo" and alleges that it violates the speech, free exercise and establishment clauses of the First Amendment as well as the 14th Amendment's equal protection clause. In particular, it asserts that the memo and the city's enforcement of it "has targeted the Plaintiffs religious expression and exercise based solely on its religious viewpoint." Alliance Defense Fund which filed the suit on behalf of two city employees issued a release announcing it and saying: "The attacks on Christmas are simply part of a larger war being waged on anything and everything Christian."

Reporting on the lawsuit, today's Oklahoman says City Manager Jim Couch sent supervisors a follow-up memo on Tuesday saying that his original directive applies only to holiday decorations in public spaces at city office buildings — not decorations in employees' personal work spaces. Many of the allegations in the lawsuit relate to plaintiffs' desire to maintain religious items in one employee's office, and to a Bible kept in an employee break room.

UPDATE: The Tulsa World reports that on Wednesday, U.S. District Court Judge Timothy DeGiusti denied a temporary restraining order in the lawsuit, saying that it was not necessary because of the clarifying memo sent out by the City Manager. UPDATE: The opinion denying the TRO is available on LEXIS: Spencer v. City of Oklahoma City, 2007 U.S. Dist. LEXIS 94675 (WD OK, Dec. 19, 2007).

Teacher's Title VII Religious Discrimination Claim Dismissed

In Amekudzi v. Board of Richmond Public Schools, 2007 U.S. Dist. LEXIS 92275 (ED VA, Dec. 17, 2007), a Virginia federal district court dismissed a Title VII religious discrimination claim brought by a substitute school teacher. Benony Amekudzi alleged that the Richmond public schools "allowed Magic and Witchcraft to be Taught" and invited weather forecasters to give magical powers to control the weather to students, but prohibited him from teaching about Christianity. The court, in rejecting plaintiff's claim, said: "While the RPS must reasonably accommodate Amekudzi's religious beliefs ..., it is not required to permit Amekudzi to turn his classroom into a pulpit. In fact, if it did so, it could be held liable for violating the Establishment Clause."

En Banc Review Sought Of 8th Circuit Decision On Faith-Based Prison Program

The state of Iowa and Prison Fellowship Ministries are seeking en banc review from the U.S. 8th Circuit Court of Appeals in Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc., (8th Cir., Dec. 3, 2007). The AP yesterday reported on the filing of the motion which seeks review of a decision by a 3-judge panel earlier this month. The panel concluded that a state funded faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.)

Tuesday, December 18, 2007

Visits By Conservative Christian Leaders To White House Must Be Disclosed

In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, Dec. 17, 2007), a federal district court has ordered the Secret Service to release records of visits to the White House and to Vice President Dick Cheney's residence by nine prominent conservative Christian leaders. Reuters, reporting on the decision, says it could shed light on the extent to which religious leaders such as James Dobson affect policies of the Bush administration. The court held that the visitor records are "agency records" under the control of the Secret Service that must be disclosed under the Freedom of Information Act. Citizens for Responsibility and Ethics in Washington (CREW), which made the FOIA request, is a self-described government watchdog group.

UPDATE: The White House on Thursday asked federal district court Judge Royce C. Lamberth to stay enforcement of his order to release records while his decision is appealed. (AHN)

UPDATE: On Friday, the federal district court granted the White House's motion, allowing the logs to be kept secret until the Court of Appeals rules in the case. (AP)

RLDS Church Wins Preliminary Injunction Protecting Its Trademarked Name

In Community of Christ Copyright Corp. v. Miller, 2007 U.S. Dist. LEXIS 90531 (WD MO, Dec. 7, 2007), a Missouri federal district court granted a preliminary injunction barring a Raytown, Missouri church from using the federally registered trademarks "Reorganized Church of Jesus Christ of Latter Day Saints" and "RLDS". Defendant church is one of the breakaway "Restoration Branches" of the RLDS church. The court rejected defendant's claim that the marks are generic and also rejected its fair use defense. The court ordered defendant to change its signage and to cancel ads using the protected trademarks. [Thanks to Brian D. Wassom for the lead.]

Green Bay's Holiday Display Attempts Create Problems

Things seem to have gotten a bit out of hand with holiday displays in Green Bay, Wisconsin. As previously reported (1, 2), City Council President Chad Fradette put up a nativity scene, and city council invited other religions to place their own displays up as well. Quickly a Wiccan pentacle joined the creche. Today's Green Bay Press Gazette reports that overnight, someone stole and damaged the Wiccan display. Meanwhile, yesterday Mayor Jim Schmitt announced a moratorium on new displays until City Council has a chance tonight to consider proposed guidelines. That angered two people who had brought displays-- a Unitarian Universalist who wanted to put up a peace sign and another individual who wanted to display a decorated cross wrapped in American flag cloth to symbolize the improper merging of church and state. Other proposed displays included ones for Festivus and a "Flying Spaghetti Monster" display. The mayor's proposed guidelines limit the size of displays, provide they cannot contain written words, lights or electronic devices, and require the symbol to be one of a religious holiday celebrated between Dec. 8 and 31.

UPDATE: On Tuesday evening, Green Bay City Council voted to leave Fradette's nativity display up until Dec. 26, to impose a moratorium for now on any other religious displays, and to eventually draw up a set of guidelines for future displays. The Council vote was 6-6 with Mayor Schmitt breaking the tie. Schmitt on Wednesday ordered city maintenance workers to move a Christmas tree and wire reindeer next to the nativity display to secularize the display. He said Liberty Counsel advised him that his Santa Claus-and-reindeer display on City Hall's other main entrance was already sufficient to do that. Meanwhile the Freedom from Religion Foundation is talking with possible plaintiffs in order to file a lawsuit. (Green Bay Gazette, Dec. 20).

Saudi King Pardons Rape Victim Sentenced For Meeting With Man

Today's New York Times reports that Saudi Arabia's King Abdullah has pardoned a rape victim who, in a high profile case, was sentenced to 200 lashes and six months in jail for meeting her boyfriend in a car, unaccompanied by a male relative. The woman was partially dressed in the car when she was attacked by seven men who raped her. Her sentence, imposed under Islamic law administered by Saudi courts, had been widely criticized. (See prior posting.) The woman, who has now married, was not jailed while she appealed her conviction. There have been reports that the woman's brother tried to kill her to vindicate the family's honor. Saudi Minister of Social Affairs, Abdul Mohsin al-Akkas, said that if the woman needs housing to protect her after her pardon, the government will offer it to her.

CLS At University of Montana Sues Over School's Refusal To Grant Recognition

The Christian Legal Society chapter at the University of Montana law school has filed suit in federal district court challenging the Student Bar Association's refusal to recognize the organization and provide it with funds for its activities. The complaint (full text) in Christian Legal Society v. Eck, (D MT, Dec. 14, 2007), alleges that the SBA Executive Board originally recognized the CLS group, but revoked that recognition after a student body vote rejected an SBA budget that included funding for CLS. The law school's dean upheld the SBA decision. In derecognizing the CLS chapter, the SBA Executive Board said that the Chapter's requirement that voting members and officers agree with its Statement of Faith, including sexual abstinence outside of heterosexual marriage, violates the SBA's non-discrimination rule. The suit alleges that CLS's First Amendment rights of expressive association, free speech and free exercise of religion have been infringed. Alliance Defense Fund issued a release announcing the filing of the lawsuit.

As UN Votes On Death Penalty, Islamic Countries Seen As Block To Abolition

Earth Times reports that today the United Nations General Assembly will vote on a resolution (full text) calling for a moratorium on the death penalty. The resolution also calls on nations that still maintain the death penalty to respect international standards protecting the rights of defendants in capital cases. In Rome, AKI interviewed former French justice minister Robert Badinter, author of a new book, Against the Death Penalty. Badinter told AKI that the major obstacles to abolishing the death penalty world-wide are regimes run by Islamic fundamentalists. He says that reform within Islam is a prerequisite to success: "If for example, the Moroccan sovereign, who is said to be a direct descendant of the [Islamic] prophet, and who shares the roles of head of state and religious leader, decides to abolish the death penalty, then we find ourselves with an instrument in our hand which can be used to start a dialogue with other Islamic countries."

10th Circuit Hears Arguments In Eagle Feather Protection Challenge

Yesterday the U.S. 10th Circuit Court of Appeals heard oral argument in United States v. Friday, a criminal prosecution of a member of the Northern Arapaho Indian Tribe for violating the Bald and Golden Eagle Protection Act (BGEPA). The district court below dismissed charges against Winslow Friday, finding that the government's implementation of the BGEPA violated his free exercise rights. (See prior posting.) Yesterday's Casper (WY) Star-Tribune reported that in the appellate court, the government argued that Friday lacked standing to challenge the BGPEA's permit process because he never applied for a permit. Federal public defender John T. Carlson, representing defendant, argued that the Fish and Wildlife Service hid the existence of the permit process. Attacking the BGEPA, he said: "No other religion has a permit system denying it access to its sacred objects."

Report Claims Kenya Presidential Candidate Promises To Institute Shariah

In a report published yesterday, International Christian Concern claims that in Kenya, leading presidential candidate Raila Odinga has promised Muslims that if he is elected, he will bring Sharia law to Muslim parts of the country. The report says that a secret Memorandum of Understanding between Odinga and Sheikh Abdullahi Abdi, chairman of the National Leaders Forum, provides that if he is elected, Odinga will "within 6 months, re-write the Constitution of Kenya to recognize Shariah as the only true law sanctioned by the Holy Quran for Muslim declared regions." This provision is not in a public version of the Memorandum of Understanding that was released last month.

Monday, December 17, 2007

White House Holiday Card Sparks Differing Comments

The White House has mailed out its 2007 Holiday Card, designed by Hallmark (release). The blogosphere is filled with competing characterizations of it. The Huffington Post on Thursday reproduced the card and quoted Barbara Walters who said the card was the most religious one in recent memory. On the other hand, Wall of Separation on Friday pointed out that, as in past years, the card does not contain the word "Christmas" nor does it contain religious Christian symbolism. The painting on the card of the Jacqueline Kennedy Garden at the White House does show a lighted Christmas tree inside the White House. The card features a verse from the Prophet Nehemiah, and adds "May the joy of all creation fill your heart this blessed season 2007." The White House website features reproductions of White House holiday cards sent out by a dozen past presidents.

Pakistan's Ahmadis Will Boycott Election Claiming Discrimination

In Pakistan, the Ahmadi community says it will boycott the upcoming elections because of discriminatory action taken by the country's Election Commission. According to yesterday's Daily Times , the Commission has issued a separate list of Ahmadi voters. Ahmadis consider themselves Muslims. However, other Muslims do not, and Pakistan's Constitution defines them as non-Muslims. (Background from USCIRF and Wikipedia.) The Ahmadis see the Election Commission's move as an attempt to force them to acknowledge that they are not Muslims. (Release from Ahmadiyya Movement.) Friday's Daily Times has background on the Pakistan's move to a single electoral roll for all religious groups except the Ahmadis.

Hajj Begins; Freedom To Attend Measured In Several Countries

AFP reports that in Saudi Arabia nearly 2 million pilgrims began the Hajj today. The press is assessing religious freedom in several countries by examining the extent to which Muslims were allowed to travel to Saudi Arabia to participate. Today's New York Times reports that Russia (reversing restrictive Soviet policies) has permitted 26,000 pilgrims-- the full quota allotted to it by the Saudis-- to go. A government liaison office assists pilgrims with visas and transportation. The Russian press says that a number of government security service personnel are among the pilgrims to keep an eye on them. Russian government officials deny the report. The London Telegraph reports that Israel is allowing over 900 Palestinians to leave the Gaza strip to go on hajj. It also says that China has allowed 10,700 of its Muslim citizens to attend. However, in Turkmenistan, according to Forum 18, the government has permitted only 188 Muslims to go on Hajj, even though Saudi Arabia allotted the country around 5000 places. (See prior related posting.)

Florida Seeks Alternative Route To Get Voucher Amendments [Corrected]

After Florida's Supreme Court struck down the state's school voucher program in 2006, then-Governor Jeb Bush pressed to get a state constitutional amendment that would clearly allow vouchers that could be used by parents who send their children to religious schools. However the state Senate rejected Bush's proposal. (NSBA release, May 2006). Today's Palm Beach Post reports that now supporters are trying another route. The state's Tax and Budget Reform Commission, a body empaneled every 20 years, can propose state constitutional amendments to the voters. Commission member Patricia Levesque (executive director of Bush's Foundation for Florida's Future) is urging the Commission to propose two constitutional amendments-- one that would allow state funds to go to religious institutions and a second that would provide a parallel system of aid for private schools outside the public school system. (See prior related posting.)

German State Official Wants To Ban Burkas In Schools

Roland Koch, prime minister of the German state of Hesse, said in an interview on Sunday that he wants to ban female Muslim students from wearing burkas in schools. M&C reported yesterday, however, that Koch has no plans to ban students from wearing Muslim head scarves. Critics say that Koch is using religion to garner votes in next months election. They say they know of no school students in Hesse who wear burkas.