PA Supreme Court Rejects Establishment Clause Challenge To Eminent Domain [Corrected]

The Pennsylvania Supreme Court on Thursday rejected an Establishment Clause challenge to Philadelphia's use of eminent domain to permit redevelopment of blighted property by a coalition of Catholic groups wishing to build a non-denominational, faith-based, not tuition based school for children of the neighborhood. In In re A Condemnation Proceeding In Rem by the Redevelopment Authority of the City of Philadelphia, (PA Sup Ct., Dec. 27, 2007), the court found that the city's conduct passed the Lemon test under the Establishment Clause. The court said, in part:

While ... an effect of this taking is to advance a religious organization’s mission to provide faith-based educational services, this is clearly not the principal or primary effect. The principal or primary effect ... is to eliminate blight in this long-suffering neighborhood. One secondary effect is the provision of quality nondenominational educational opportunities to low-income urban families in their own neighborhood... Another secondary effect could potentially be the advancement of religion; however, as far as we can tell from the record, all potential developers were treated in the same manner...

[Corrected:] Justice Baer dissented arguing that the action amounted to direct aid to a religious institution in violation of the Establishment Clause. Today's Philadelphia Inquirer reports on the decision.

Judgment Against Holy Land Foundation and Others Reversed By 7th Circuit

In Boim v. Holy Land Foundation for Relief and Development, (7th Cir., Dec. 28, 2007), the U.S. 7th Circuit Court of Appeals reversed a lower court's award of $156 million in damages against four defendants, including the Holy Land Foundation (a large Muslim humanitarian relief organization) which allegedly contributed funds to Hamas. The suit was brought under 18 USC 2333-- a statute that permits recovery of treble damages by victims of international terrorism. The suit was filed by the parents and estate of David Boim who was murdered on the West Bank outside of Jerusalem by gunmen apparently connected with Hamas. The court remanded the case saying that plaintiffs need to prove a causal connection between defendants' conduct and the murder:

Permitting liability to be imposed on a defendant based solely on proof that the death of David Boim was a foreseeable result of the defendant’s conduct, without proof that the conduct actually was a cause of the death, would give section 2333 a far broader sweep than traditional tort principles would allow. The actual use to which the funds ... was put would be irrelevant. This would transform the doctrine of proximate causation from a principle that limits tort liability into one that expands liability, essentially rendering a defendant who intended to aid Hamas’s terrorist activities strictly liable for all foreseeable injuries even if that defendant’s aid actually did nothing to enable the terrorism and the injuries it inflicted....

Today's Springfield (IL) State Journal-Register reported on the decision.

Returning Military Chaplains Have No Reemployment Protection

An article that will appear in Sunday’s St. Louis Post Dispatch chronicles the re-employment problems faced by Reserve and National Guard military chaplains who are called up for duty in Iraq or Afghanistan and then return home. A 1979 Supreme Court case, concerned about governmental interference in affairs of religious organizations, has been seen as holding that chaplains are excluded from coverage under the Uniformed Services Employment and Reemployment Rights Act, 38 USC Sec. 4301 et. seq. (Background). The Lutheran Church- Missouri Synod has begun a program, Operation Barnabas, that works with chaplains, their families and their congregations before, during and after their deployment.

New Jersey Governor Signs Bills Protecting Religious Exercise

On Dec. 20, New Jersey's Governor Jon Corzine signed two bills designed to protect religious exercise in the state. A 3513 requires that exams for various state licenses be offered a second time on an alternative date when the scheduled exam conflicts with an applicant's religious observances. A3517 provides that patients or their family members can postpone signing admission papers when entering a health care facility if their date of admission is a day on which their religious beliefs preclude them from doing signing. The Jewish Standard reports that this will allow observant Jews admitted to a hospital on Saturday to wait until after sundown to sign required paperwork. The bills are part of a 7-bill package sponsored by Assemblyman Gary Schaer and Sen. Loretta Weinberg. (See prior related posting.)

Historic Church Gets State Grant For Repairs

The Pennsylvania Department of Conservation and Natural Resources through its Community Conservation Partnerships Program has awarded a $10,000 matching grant to the historic Methodist Episcopal Church of Burlington, PA for repairing wall and ceiling plaster. Yesterday's Towanda (PA) Daily & Sunday Review reports that church-- which is on the National Register of Historic Places-- is open to the public and does not have an active congregation. However members meet once a year in the building for a service. Apparently no one has raised church-state concerns regarding the grant.

Today Is 350th Anniversary of Flushing Remonstrance

An op-ed in today's New York Times reminds us that today is the 350th anniversary of the Flushing Remonstrance-- a document (full text) seen as the first on this continent calling for religious liberty. The Remonstrance was signed by 30 citizens of New Amsterdam who objected to an edict issued by New Amsterdam's director general Peter Stuyvesant banning Quakers in the Dutch colony. [Thanks to Steven Sheinberg for the lead.]

China Justifies Rule On Tibetan Living Buddha Reincarnations

China Daily today published a long justification for China's rule on the management of reincarnations of Tibetan living Buddhas. The regulation was issued by the State Administration for Religious Affairs on July 18 came into effect on September 1. (See prior related posting.) According to the official Chinese publication: "The rule is bound to have significant impact on standardizing governance on living Buddha reincarnation, protecting people's religious freedom, maintaining the normal order of Tibetan Buddhism and the building of a harmonious society."

Malaysia's Highest Court Rules On Divorce Jursidiction After Husband Converts

Malaysia's Federal Court has issued an important 2-1 decision in a case involving jurisdiction over a divorce when a spouse has converted to Islam. According to The Star, the majority held that a non-Muslim marriage does not automatically dissolve when one of the parties converts to Islam. The husband could go to the Syariah High Court, but the non-Muslim marriage would continue under civil law until civil courts dissolve it. The court also held that if either spouse converts to Islam, that spouse has the right to convert the children of the marriage. However the majority held that the wife in this case must refile her divorce petition in civil courts because under civil law she needs to wait at least 3 months after her husband's conversion to file.

UPDATE: The full opinion in Rajasingam v. Thangathorya is now available online.

"In God We Trust" Will Move To More Prominent Spot On $1 Coins

Section 623 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (HR 2764), signed into law by the President on Dec. 26, mandates that the motto "In God We Trust" on $1 Presidential coins be moved from the edge of the coins to a more prominent location on the face or back of the coins. Baptist Press yesterday reported that the provision was sponsored by Kansas Senator Sam Brownback and West Virginia Senator Robert Byrd. Apparently some were concerned that the edge-incused inscriptions could wear off over time, and others thought moving the inscription might be a step toward totally removing it.

Ban On Feeding the Hungry On Public Property Challenged

In West Palm Beach, Florida, two non-profit groups have sued to challenge the city's three-month old ordinance that bans their feeding of the hungry on public property at two locations in the city. Yesterday's Palm Beach Post reports that plaintiffs claim the ordinance is vague and overbroad. One of the plaintiffs, "Art and Compassion" is a religious group that says feeding the poor is part of their religious obligation to God. Referring to a recent grand jury report that found West Palm Beach Mayor Lois Frankel had created a "pay to play" environment in which developers felt pressure to contribute to city organizations and the mayor's campaign, plaintiffs in this law suit charge that a "pay to pray" system has been created. The lawsuit alleges: "Those who can pay for a building or pay money for the mayor's special projects or charities are granted the permission to pray and practice their religion as they see fit, but those who lack the funds to own a building. . . are told to go inside another's church in order to carry out their sacred duties outside the public view."

Court Says Kwanzaa Is Not "Religious"

A Shelby County, Tennessee Probate Court judge has ruled that Kwanzaa is not a "religious" celebration so that use of County Commission chambers for a Kwanzaa celebration does not violate the Establishment Clause. Yesterday's Memphis Daily News and today's Memphis Commercial Appeal report on the decision handed down in a suit filed last week by Probate Court Clerk Chris Thomas against the county and County Commissioner Henri Brooks. Thomas argued that since nativity scenes and other religious events could not be hosted on county property, it would be discriminatory to permit a Kwanzaa event. Anthony Pietrangelo, representing Thomas, said that Kwanzaa is a spiritual alternative to Christmas and by allowing the event, the county would be saying "no to access for Christmas, but yes to access for Kwanzaa." Chancellor Walter Evans, however, disagreed ruling that the celebration is not religious just because it has a spiritual dimension to it. He also said it would be inappropriate for the court to allow one elected official to infringe on the territory of another elected official.

Ahmadis In Pakistan Continue To Be Denied Recognition As Muslims

Today's London Telegraph reports on the ongoing problems faced by the 2 million members of the Ahmadiyya community in Pakistan. They consider themselves Muslim, but a 1974 amendment to Pakistan's constitution declared them non-Muslims. Twenty years ago, charges were filed against the Ahmadiyya community in the Punjab city of Rabwah charging them with impersonating Muslims (a violation of Pakistan Penal Code Secs. 298B and C). The charges are still outstanding, so the 50,000 Ahmadis in Rabwah need to keep their beards short and avoid using Muslim religious invocations. The tombstone of Ahmaidyya scientist Dr. Abdus Salam used to read: "the first Muslim Nobel Laureate". However a magistrate ordered the inscritption removed. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

Christian Churches Attacked By Hindus In Indian State of Orissa

The AP reports that in the Indian state of Orissa, Hindu extremists attacked and burned six small Christian churches on Christmas eve. There were conflicting reports of how the violence began. The Catholic Bishop's Conference said Hindu extremists objected to a Christmas pageant, believing it was designed to convince low-caste Hindus to convert. Apparently then some Christians forcibly stopping 80-year-old Hindu leader Laxmanananda Saraswati and attempted to attack him. A Hindu was killed in the resulting violence. Orissa is the only Indian state in which police permission is required before a person may change religions.

UPDATE: IANS reported on Friday that retired Orissa High Court Justice Basudev Panigrahi has been appointed to investigate the attacks under the state's Commission of Inquiry Act.

UPDATE: Christian Today reported on Saturday that a delegation from the All India Christian Council met with India's Vice President Mohammad Hamid Ansari to ask the government to stop ongoing attacks against Christians in Orissa and restore the rule of law. Other meetings of Christian delegations with government officials have also been held.

UPDATE: VHP on Saturday said that "forceful" conversions by Christian missionary groups were behind the violence in Orissa. It called for strengthening of the law on illegal conversions, enhanced sentences for violations and the monitoring of the flow of foreing funds into the area. (New India Press.)

Suit Filed Over Green Bay Nativity Display

Even though Christmas has passed, the Freedom from Religion Foundation along with 12 individuals is pursuing litigation against Green Bay, Wisconsin over the city's nativity scene display. (See prior posting.) The federal court complaint (full text) sets out the chronology of events and alleges that the display violates the Establishment Clause. The FFRF's Christmas eve news release announcing the lawsuit said: "Since federal offices are closed on Dec. 24, the Foundation has mailed its lawsuit to be received by Dec. 26 by the U.S. District Court, Eastern District of Wisconsin." A report on the lawsuit by Gannett Wisconsin Newspapers quotes Green Bay Mayor Jim Schmitt: "They can't even file the suit in recognition of the federal holiday. There's a message there — we do have a right to celebrate Christmas." The display is scheduled to be taken down today. (WFRV News).

Christmas Messages From President Online; From Queen on YouTube

Last Friday, the White House posted on its website the Presidential Message: Christmas 2007. After quoting a passage from Gospel of Luke, the Message begins: "During the Christmas season, our thoughts turn to the source of joy and hope born in a humble manger on a holy night more than 2,000 years ago. Each year, Christians everywhere celebrate this single life that changed the world and continues to change hearts today. The simple and inspiring story of the birth of Jesus fills our souls with gratitude for the many blessings in our lives and promises that God's purpose is justice and His plan is peace."

In Britain, this year's Christmas Message from Queen Elizabeth II will not only be broadcast on television, but will also be posted on YouTube. Today's New York Times reports that on Sunday, The Royal Channel: The Official Channel of the British Monarchy went live on YouTube, carrying videos of historic events in the Monarchy's history. These include the Queen Mother's wedding in 1923 and the first Royal Christmas broadcast in 1957. Transcripts of all the Royal Christmas broadcasts since 1952 are online at the Monarchy's website.

All of this contrasts rather vividly with the actions of of the General Court of the Massachusetts Bay Colony on this day in 1651. The Puritan-controlled legislature passed a law imposing a fine of 5 shillings for observing Christmas. As reported today by Politico, this was part of the Puritans' attempt to purify the church and their personal lives.

Azeri Parliament To Consider Hijab Ban In Schools

In Azerbaijan, Parliament on Friday is expected to debate a new education bill. Trend News today reports that one portion of the proposed draft bans both pupils and teachers from wearing the Muslim headscarf (hijab) or other religious dress in schools. Azerbaijan’s Center for the Protection of Religious Rights and Freedoms of Conscience says that this ban violates the country's constitution as well as international agreements to which the country is a party. However Shamsaddin Hajiyev, chairman of the Parliamentary Commission on Science and Education, says the ban is consistent with Azerbaijan's secular character where religion and state are separate. 95% of the country's population is Muslim.

UPDATE: During Friday's parliamentary debate, Oktay Asadov, Speaker of Azerbaijan Parliament, urged that the ban on headscarves be removed from the bill and that the matter be left to the head of each school. (Trend News).

President Sends Kwanzaa Greetings

Last Friday, the White House released the President's message to those observing Kwanzaa. The President said, in part: "As family and friends gather to celebrate Kwanzaa, our citizens are reminded of the many African Americans who have contributed their talent and strength to this great Nation. I commend those observing this holiday for taking pride in your rich heritage. May the coming year be filled with the blessings of health and happiness."

Huckabee's Use of Religion In Iowa Campaign Attracts Increasing Attention

Republican presidential candidate Mike Huckabee's appeal to Iowa's evangelical voters has become the center of press attention as the Iowa caucuses approach. Today's Dallas Morning News reviews Huckabee's strategy of working with the decentralized network of Christian evangelicals, lining up endorsements from high profile evangelical leaders. Reuters reported yesterday however that Huckabee, a former Baptist preacher, has angered some Catholics by delivering the Sunday sermon at Pastor John Hagee's Cornerstone megachurch in San Antonio, Texas. Bill Donohue, president of the Catholic League, says that "Hagee has a history of denigrating the Catholic religion." And in today's Des Moines Register, two former Iowa Lieutenant Governors, Democrat Sally Pederson and Republican Joy Corning, co-authored an op-ed decrying the growing interjection of religion into the campaign. They said: "We call on the presidential candidates to run for office based on their vision, their judgment and their plans to deal with the challenges and issues that confront our nation. Do not ask us to vote for you based on your personal religious affiliation. Do not ask us to stand in judgment of your opponents' religious beliefs."

Recent Scholarly Articles of Interest

From SSRN:

• Caspar P.L. van Woensel, Symbols and the Law. BRAND, GOD, AND BAN: IMPROPER USE AND MONOPOLIZATION OF SIGNS WITH A HIGH SYMBOLIC VALUE, (Amstelveen, Netherlands: deLex, 2007 ).

From SmartCILP:

• Aaron Baker, Controlling Racial and Religious Profiling: Article 14 ECHR Protection v. U.S. Equal Protection Clause Prosecution, 13 Texas Wesleyan Law Review 285-309 (2007).


• Javaid Rehman, "War on Terror" and the Future of Muslim Minorities in the United Kingdom: Dilemmas of Multi-Culturalism in the Aftermath of the London Bombings, 29 Human Rights Quarterly 831-878 (2007).


• Jeffrey Omar Usman, Defining Religion: The Struggle to Define Religion Under the First Amendment and the Contributions and Insights of Other Disciplines of Study Including Theology, Psychology, Sociology, the Arts, and Anthropology, 83 Notre Dame Law Review 123-223 (2007).


• Symposium. The Future of Islamic Law Scholarship. Foreword by Hisham M. Ramadan; articles by Bernard K. Freamon, Nazeem MI Goolam, Sherman A. Jackson, Liaquat Ali Khan, Aminah Beverly McCloud and Hisham M. Ramadan. 2006 Michigan State Law Review 1399-1640.


• Symposium: Religion and Morality in the Public Square. Excerpts from keynote address by Noah Feldman; articles by Christopher J. Eberle, Kent Greenawalt, Leslie Griffin, Peter Steinfels, Richard W. Garnett and Bernadette Meyler. 22 St. John's Journal of Legal Commentary 417-558 (2007).

Alabama Court Rejects Defamation Claim On Church Autonomy Grounds

In Reynolds v. Wood, 2007 Ala. Civ. App. LEXIS 782 (AL Ct. Civ. App., Dec 21, 2007), an Alabama state appellate court overturned a $10,000 verdict that plaintiff had won at trial and dismissed a defamation claim brought by a church deacon against its pastor. The court said: "The statements at issue in this case were made by a pastor during a sermon and addressed the conformity of a deacon to the church's standards of faith and morality. Our courts may not decide the truth or falsity of such statements and, therefore, may not entertain claims pertaining to those issues. Furthermore, as a matter of policy, we have strong reservations about restricting the religious speech of a pastor from his pulpit.... Deacon Wood may seek recourse through the governing boards and disciplinary processes established by the church..." An AP report gives some background on the dispute between the parties over the operation of the church's benevolent fund.