Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, February 09, 2008
Indonesian Christian Group Sues Magazine For Blasphemy
Sunday's Jakarta Post reports that Indonesia's Alliance of Christian Students and Youths (AMPK) has filed a lawsuit charging Tempo magazine with blasphemy. A lawsuit was filed after a Feb. 4 special edition of the magazine featured a cover depicting the late president Suharto having dinner with his six children in the same poses as figures in Leonardo Da Vinci's painting, The Last Supper. The magazine has apologized, but AMPK wants copies of the magazine withdrawn. It also wants the apology run in three successive editions, in the Koran Tempo newspaper and on Tempo's website. Catholic leaders, however, said the public should not blow the incident out of proportion. It also appears from the magazine's website that it has met many of AMPK's demands. Apparently it has changed the cover, has placed its apology online and will run it in Koran Tempo.
Egypt's High Court Says ID Papers Can Reflect Conversion Back To Christianity
On Saturday, according to Reuters, Egypt's Supreme Administrative Court held that twelve individuals who had converted to Islam and then back to Christianity were entitled to have their birth certificates and government identity papers reflect that they are Christian. The ruling reversed a lower court decision that had rejected the applications for new identity documents because the conversion back to Christianity violated Islam's ban on apostasy. (See prior posting.) However, under Saturday's ruling, the individuals' previous conversion to Islam will also be noted on their papers. About 450 similar cases brought by Christian Copts are pending in Egyptian courts.
US Agency Holds Hearings On Anti-Semitism In US and Europe
On Thursday, the U.S. Helsinki Commission held the second of two hearings on "Taking Stock: Combating Anti-Semitism in the OSCE Region". Transcripts of the Jan. 29 hearing and the Feb. 7 hearing are available online. The press release announcing the hearings billed them as: "a two-part series that will review U.S. government and civil society efforts to combat anti-Semitism in North America and Europe."
Friday, February 08, 2008
Turkish Parliamentary Vote Approves End To University Headscarf Ban
The Turkish Daily News reports that after 13 hours of heated debate yesterday, Turkey's Parliament passed a constitutional amendment that will permit Muslim women to wear headscaves at universities. (See prior posting.) By a vote of 404 to 92, the legislators approved an amendment to Article 42 of the Constitution that will provide that no one can be deprived of their right to a higher education. A final Parliamentary vote on the Constitutional provisions is expected tomorrow. In today's New York Times, Harvard Law Professor Noah Feldman discusses the controversy in Turkey, placing it in the context of proposed broader constitutional liberalization in the country.
UPDATE: On Saturday, Turkey's Parliament gave its final approval to the constitutional amendment permitting women students to wear Muslim headscarves at universities. The vote was 411-103. President Gul is expected to sign the amendment quickly. However a law governing the supervisory body for higher education must also be amended before the headscarf ban is finally lifted. (The Age, Feb. 10).
UPDATE: On Saturday, Turkey's Parliament gave its final approval to the constitutional amendment permitting women students to wear Muslim headscarves at universities. The vote was 411-103. President Gul is expected to sign the amendment quickly. However a law governing the supervisory body for higher education must also be amended before the headscarf ban is finally lifted. (The Age, Feb. 10).
Romney Campaign Said To Revive Anti-Mormon Views
Today's Wall Street Journal carries a front-page article concluding that Mitt Romney's now-ended campaign for the presidency "exposed a surprisingly virulent strain of anti-Mormonism that had been largely hidden to the general public." The article points in particular to statements made in December by political commentator and actor Lawrence O'Donnell Jr. on the "McLaughlin Group" television talk show. Of particular concern has been O'Donnell statement that: "Romney comes from a religion founded by a criminal who was anti-American, pro-slavery, and a rapist. And he comes from that lineage and says, 'I respect this religion fully.'" Here is the full transcript of that McLauglin Group broadcast.
9th Circuit Hears Arguments In Tax Dispute Over Tuition Deductions
Today's New York Sun reports on last Monday's oral arguments before the U.S. 9th Circuit Court of Appeals in Sklar v. Commissioner of Internal Revenue. An Orthodox Jewish couple is claiming that they should have been permitted to deduct for tax purposes the amount by which the tuition they paid to Orthodox Jewish schools exceeded the market value of the secular component of the education their children received. They base their claim on a closing agreement that the IRS reached with the Church of Scientology in 1993 to settle disputed tax liabilities. The agreement allowed Scientologists to deduct 80% of the fees paid for religious training and services, at least through the year 1999. The Sklars argue that it is a violation of the First Amendment for the IRS to give special benefits only to Scientology. The IRS agreement with Scientolgy has been made avaialble only through publication of it by the Wall Street Journal in 1997 (full text). An audio recording audio recording of the oral argument before the 9th Circuit is available from the court's website. (See prior related posting.) [Thanks to Josh Gerstein for the lead.]
Bill Introduced In Congress To Permit Church Super Bowl Parties
As previously reported, the National Football League again this year told churches that the copyright law limited their ability to host Super Bowl parties in auditoriums larger than 2000 square feet if the bowl game was shown on TV screens larger than 55 inches. This creates problems for churches that wish to offer an alcohol-free family-friendly alternative for watching the game. So this week, Sen. Arlen Specter introduced S.2591, a bill to permit churches to display televised professional football contests free of copyright concerns, so long as no direct charge is made for viewing the game, no money is received by the church during the broadcast, and the game is not further retransmitted by the church. Yesterday's Christian Post reports that Rep. Heath Shuler plans to introduce a similar bill in the House of Representatives.
Archbishop of Canterbury Suggests Role for Sharia In British Legal System
In Britain, the Archbishop of Canterbury Dr. Rowan Williams has provoked a firestorm of controversy by suggesting that British law should give some level of recognition to Sharia. Williams delivered the foundation lecture in the Temple Festival Series at the Royal Courts of Justice on Thursday. The title of the series is "Islam in English Law". The Anglican Communion News Service reprints the full text of Rowan's talk titled Civil and Religious Law in England: A Religious Perspective. It notes that Rowan "will look at what space can be allowed alongside the secular law of the land for the legal provisions of faith groups." Rowan also was interviewed by the BBC (full text). He told interviewer Christopher Landau that "there is a place for finding what would be a constructive accommodation with some aspects of Muslim law as we already do with some kinds of aspects of other religious law."
The Guardian, the AP and Ekklesia all report on the widespread criticism that followed Rowan's talk. A spokesman for Prime Minister Gordon Brown said: "The prime minister believes British law should apply in this country, based on British values." A more stinging criticism by Ekklesia argues that "the Church of England, recognising the untenability of privileges it still claims as an Established Church, is now seeking to create a broader 'multi-faith establishment' where 'the same problems will be replicated across a wider and more complex arena.'"
Simon Barrow on the blog Our Kingdom, however writes of Rowan's proposal: "It’s not quite such an outlandish suggestion as the headlines and knee-jerk reactions of politicians who haven’t read his nuanced speech might make you think, but I still think it’s heading in precisely the wrong direction – though thankfully, without a prayer."
The Guardian, the AP and Ekklesia all report on the widespread criticism that followed Rowan's talk. A spokesman for Prime Minister Gordon Brown said: "The prime minister believes British law should apply in this country, based on British values." A more stinging criticism by Ekklesia argues that "the Church of England, recognising the untenability of privileges it still claims as an Established Church, is now seeking to create a broader 'multi-faith establishment' where 'the same problems will be replicated across a wider and more complex arena.'"
Simon Barrow on the blog Our Kingdom, however writes of Rowan's proposal: "It’s not quite such an outlandish suggestion as the headlines and knee-jerk reactions of politicians who haven’t read his nuanced speech might make you think, but I still think it’s heading in precisely the wrong direction – though thankfully, without a prayer."
In Property Dispute, Court Finds Assemblies of God Is Hierarchical Church
In Leach v. Johnson, (Macomb Co. MI Cir. Ct, Jan. 25, 2008), a Michigan trial court held that the Assemblies of God is an hierarchical religious organization. Based upon this, the court concluded that the decision of the parent body to assert control over the property of the Gospel Lighthouse Church in Warren, Michigan is binding upon the courts. The parent body found that Gospel Lighthouse Church had defected from the Church's tenets of faith, and was therefore required to transfer its property to the District Council. Under the ecclesiastical abstention doctrine, the court may not review the correctness of the parent body's decision. The court's decision followed a remand of the case last year by the Michigan Court of Appeals. (See prior posting.)
Two ADF Suits Settled; Student Religious Groups Prevail
Settlement has been reached in two separate lawsuits that were filed by the Alliance Defense Fund challenging restrictions imposed on student religious groups. In one case, Georgia's Savannah State University has agreed to allow the Christian student group "Commissioned II Love" to return to campus. (Feb. 1 Release). Suit was filed after the University claimed the group violated university rules by badgering members of fraternities and sororities to accept Jesus, and by activities at a retreat where current members, imitating Jesus, would wash the feet of new members. (See prior posting).
In a second unrelated case, a Vermont school district has agreed to furnish the Youth Alive religious club with an advisor, a minimal budget and recognition in the school district’s list of activities. Yesterday's Addison County (VT) Independent reports that under the settlement, nearly finalized, Middlebury Union High School will grant Youth Alive essentially the same benefits as other co-curricular clubs. A lawsuit filed last October charged the school district with violations of the Equal Access Act as well as the 1st and 14th Amendments. (See prior posting.)
In a second unrelated case, a Vermont school district has agreed to furnish the Youth Alive religious club with an advisor, a minimal budget and recognition in the school district’s list of activities. Yesterday's Addison County (VT) Independent reports that under the settlement, nearly finalized, Middlebury Union High School will grant Youth Alive essentially the same benefits as other co-curricular clubs. A lawsuit filed last October charged the school district with violations of the Equal Access Act as well as the 1st and 14th Amendments. (See prior posting.)
Denial of Variance For Church Sign Upheld Under RLUIPA
In Trinity Assembly of God of Baltimore City, Inc. v. People's Counsel, (MD Ct. Spec. App., Feb. 6, 2008), a Maryland appellate court upheld Baltimore City's denial of a zoning variance for a large sign that a church proposed to erect near an expressway. The center part of the sign would carry electronically changeable messages. Rejecting the church's RLUIPA challenge to the zoning denial, the court said:
[T]he Church has not been denied any use of a sign as a means of evangelism, but only the non-conforming use of a sign that cannot be as large and eye-catching as the Church might desire. Denial of its variance request burdens the Church’s religious exercise, but not substantially, so as to make any use of a sign for uplift and recruitment "effectively impracticable" or to compel the congregants to "violate [their religious] beliefs.” The Board properly interpreted the “substantial burden” standard in RLUIPA; and, on the record before it, did not err in concluding that the Church did not meet that standard.Reporting on the decision, yesterday's Baltimore Sun said that opponents of the sign were concerned about visual clutter and distraction of motorists. [Thanks to Alliance Alert for the lead.]
Thursday, February 07, 2008
Real ID Photo Requirement Creates Problems For Religious Objectors
CNet News yesterday reported on the problem created for a number of religious groups by new drivers' license and identification card standards imposed by the federal Real ID Act. New regulations (full text) being phased in require states to have a full facial digital photo of the licensed driver on each license. 37 CFR Sec. 37.17 also provides that veils, scarves or headdresses must not obscure any facial features and not generate shadow. Beginning May 11, 2008, federal agencies will only accept drivers' licenses and identity cards from states that have been determined to be in compliance with the new federal regulations. A number of states presently allow religious exemptions from photo requirements for groups such as some Amish or Old Order Mennonites who object to being photographed, and for others who insist for religious reasons on keeping their faces veiled. The new federal regulations have no religious exeptions. The National Committee for Amish Religious Freedom has met twice with Homeland Security officials to talk about a compromise-- such as using fingerprints instead of photos-- but so far there has been little progress.
First Orthodox Jewish Member of New Hampshire Legislature Profiled
Today's Concord Monitor carries an interesting profile of New Hampshire state representative Jason Bedrick, the first Orthodox Jew elected to the New Hampshire legislature. Growing up as a non-observant Jew who attended a Catholic high school, Bedrick became religiously observant in college. One of his most complicated challenges has been campaigning while following the religious mandate that prevents him from shaking hands with women. Bedrick's main legislative issue is school choice, and he has endorsed Mike Huckabee, an evangelical Christian, for president.
Dutch Government Cited By EC For Anti-Discrimination Exception
Last week, the European Commission notified eleven member states that they have failed to fully implement the EU's rules prohibiting discrimination in employment. (Press release.) Yesterday Radio Netherlands reported on the problem the EC found with the Dutch antidiscrimination law. The law allows religiously sponsored educational instituitons to refuse employment to teachers whose lifestyle conflicts with the principles of a school. In practice, this means that Christian schools can refuse to hire gays and lesbians. The government has two months to respond to the EC's complaint, after which it could be referred to the European Court.
Website Tracks References To Faith By Presidential Contenders
Georgetown University's Berkley Center for Religion, Peace and World Affairs has created a web page titled Faith 2008. It tracks references to faith and religion in the statements of the candidates of both parties in the 2008 race for U.S. President. Quotes can be sorted by candidate, topic area or date.
Israel Creates New State Conversion Authority
In Israel, according to yesterday's Jerusalem Post, the Ministerial Committee on Immigration, Absorption and the Diaspora has approved creating a new State Conversion Authority to speed up the conversion process for some 150,000 immigrants who would like to become Jews. These are individuals who came to Israel as family members of Jews, but who are not Jewish by halachic (Jewish law) standards. In a related step, ten new salaried rabbinic judges were added to the 22 already serving in conversion courts. However, the Cabinet has not yet implemented another recommendation-- that 50 volunteer rabbinic judges also be added. The new judges would be appointed by Sephardi Chief Rabbi Shlomo Amar, who would select judges who would be more lenient in approving conversions. The current conversion court judges have often been criticized for insisting on too stringent a level of religious observance from conversion candidates. The appointment of the additional judges has been delayed over concern about the legality of using unpaid government officials.
Petition For En Banc Rehearing Filed In Curry v. Hensinger
A petition for en banc rehearing (full text) has been filed with the U.S. 6th Circuit Court of Appeals in Curry v. Hensinger. In the case, a 3-judge panel last month upheld a school principal's decision barring a fifth-grader from selling candy canes with religious material attached as part of a classroom project to learn about marketing. (See prior posting.) In a release announcing the filing of the petition, the Alliance Defense Fund argued that the panel decision was an "astonishing departure from fundamental First Amendment principles."
Wednesday, February 06, 2008
Pakistan Plans Non-Muslim Worship Facilities In Prisons
Asia News reported yesterday that Pakistan's Human Rights Minister, Ansar Burney, toured several of his country's prisons and announced a number of reforms. Among them were plans to construct places of worship for non-Muslims inside Pakistan's correctional facilities. Before the project can begin, Pakistan's finance minnister must approve funding for it.
British Court Refuses Temporary Relief For Sikh Teenager Seeking To Wear Bangle
In Britain, London's High Court has refused to grant temporary relief to a Sikh school girl who wishes to be able to wear a religious wrist bangle to school, in violation of the school's rule against wearing jewelry other than a wrist watch and plain earnings. (See prior posting.) Yesterday's Daily Mail reports that lawyers for Sarika Watkins-Singh argued that she should be permitted to wear her Kara bangle on her wrist under a long-sleeved jumper until there is a final ruling in her challenge to the school's dress code. Lawyers for Aberdare Girls School in south Wales said that even a temporary exception to its dress code would cause disruption, and the judge agreed.
Kansas Supreme Court Temporarily Quashes Subpoenas In Abortion Probe
In Wichita, Kansas, an unusual voter-initiated grand jury is investigating whether abortion provider George Tiller violated Kansas law by performing late-term abortions. (See prior posting.) Yesterday, the Kansas Supreme court issued a temporary order (full text) quashing subpoenas for medical records of 2000 women who have sought late-term abortions at the Women's Health Care Services clinic. The court said that petitioners have raised significant isssues of patient privacy, as well as issues of a judge's role in grand jury proceedings and a grand jury's authority to issue subpoenas. Today's Wichita Eagle reports that while the subpoenaed records were to have the women's names removed from them, Tiller's lawyers argued that this does not assure patient privacy. Apparently in an earlier investigation, former state Attorney General Phil Kline was able to cross-reference information in redacted medical files with a guest roster at a motel near the Tiller's clinic to find patients' names.
Subscribe to:
Posts (Atom)