Jordan Expels A Number Of Foreign Evangelical Christians

The Jerusalem Post and Earth Times yesterday reported that Jordan's Foreign Minister Nasser Judeh for the first time has officially acknowledged that Jordan has expelled a number of foreign evangelical Christians who enterd the country under the "pretext" of carrying out charitable work, but instead engaged in preaching activities. Jordan's Council of Churches, however, issued a statement supporting the government and criticizing the foregn missonaries. It said in part: "It is puzzling that certain small groups with a few hundred members and which are foreign to Christians in Jordan and to the history of Muslim-Christian relations, permit themselves to speak in the name of Christians and act as protectors of Christianity as if it were in danger." Jordanian law requires government approval of religious activities, whether by Christians or Muslims.

School Board Debates Religious Absence Procedure

In Lynchburg, Virginia, the City School Board is debating a suggestion by its attorney for a "simplified" process to be used to request an excused absence for a student on religious grounds. Tuesday's Lynchburg News & Advance reports that the proposal would require a written statement explaining how religious beliefs conflict with the child's attendance, signed by both parents, and by the child if he or she is older than 14. In addition parents would be required to submit a written statement from "a friend and/or member of the clergy corroborating" religious beliefs. Finally both the parents and the child, if older than 14, would be required to sign a "Statement of Belief" form. School board member Darin Gerdes said the proposed simplification of the exemption proces is "a lawsuit waiting to happen". The Board has asked its attorney to revise the proposal before the Board's March 4 meeting. [Thanks to Blog from the Capital for the lead.]

Turkish Parliament Passes Bill Returning Properties To Religious Foundations

On Wednesday, Turkey's Parliament by a vote of 242-72 approved a law to allow foundations belonging to the Christian and Jewish communities to reclaim property seized by the government around 1974, so long as it is still owned by the government and has not been transfered to third parties. The International Herald Tribune reports that the law was enacted in response to pressure from the European Union. The law also allows Muslim foundations to receive aid from foreign countries. A similar foundations bill was approved in November 2006, but it was vetoed by then Turkish president Ahmet Necdet Sezer. (See prior posting.) This time, President Abdullah Gul is expected to sign the measure.

Supreme Court Denies Review In Two Cases of Interest

The U.S. Supreme Court denied review yesterday (order list) in two cases of interest. It denied certiorari in Archdiocese of Washington v. Moersen, (Case No. 07-323). The Maryland court of Appeals below had held that a Catholic church organist could pursue a Title VII employment discrimination claim, finding that his job position was not covered by the "ministerial exception" to Title VII. (See prior posting.)

The Court also denied a petition for a writ of mandamus and/or prohibition in In re Westboro Baptist Church, Inc., (Case No. 07-626). The unusual petition to the Court was filed by the anti-gay Westboro Baptist Church and its leaders. They were seeking to overturn a $10.9 million federal jury verdict awarded to the father of a deceased Marine whose funeral was picketed by Westboro members. (See prior posting.) Apparently the damage award has not deterred Westboro members. Yesterday's Arlington Heights (IL) Daily Herald reported that three members of the church showed up to picket two different funerals for victims of last week's shooting at Northern Illinois University. [Thanks to Steve Sheinberg for the lead.]

Florida Adopts New Science Standards Calling For Teaching of Evolution

The Florida State Board of Education yesterday, by a vote of 4-3, adopted new standards for the teaching of science which, for the first time, explicitly refer to evolution, instead of to vaguer terms such as "change over time". (South Florida Sun Sentinel; Miami Herald). Board member Donna Callaway was unable to muster a second for her motion to add an "academic freedom" provision that would have given teachers the explicit permission to engage students in a critical analysis of the evidence on evolution. (NCSE release.) The new standards say evolution is "the fundamental concept underlying all of biology and is supported by multiple forms of scientific evidence." However, in a concession to religious proponents, the phrase "the scientific theory of" was added before references to evolution, big bang, plate tectonics, cells, atoms, and electromagnetism. The phrase "the law of" was added before mentions of gravity, universal gravitation, conservation of energy and conservation of mass. (Summary of adopted changes.) Brandon Haught, communications director for Florida Citizens for Science, praised the new standards, even with the changes, saying: "They're light years ahead of what's been used in the state." (See prior related posting.)

British Tribunal Rules Church Organist Is Protected By Employment Rights Act

Today's London Times reports that an employment tribunal in the North of England has held that a church organist is an "employee" protected from unfair dismissal by the Employement Rights Act of 1996. A tribunal order prohibits identifying the organist or the church involved in the case. The status of organists employed by the Church of England has been unclear. Mark Mansell, a British employment law attorney, said: "there is a movement away from treating people who work for the Church as people with a calling and towards treating them as a member of staff." A hearing will now be held on whether the dismissal of the eminent organist and choirmaster who filed the lawsuit was for a permissible reason.

Students' Rights To Wear Religious Attire Debated In Mauritius

The right of students to wear religious attire has now become an issue in the African island nation of Mauritius. L'express today reports on the case of a 15-year old Muslim student who was expelled several weeks ago from Eastern College in Flacq for wearing her "tious" (traditional trousers) under her school uniform. Yesterday the country's Muslim Women’s Council held a press conference to protest the school's action.

Saudi Religious Police Defend Arrest of Businesswoman

In Saudi Arabia, the Commission for the Promotion of Virtue and the Prevention of Vice has posted an unusal statement on the Internet defending the arrest of a U.S. businesswoman living with her husband in Saudi Arabia. Today's London Times reports that the woman, identified only as Yara, is a managing partner in a finance company in Riyadh. She was arrested earlier this month as she was having coffee with a male colleague (a Syrian financial analyst) at a Starbucks. She claims she was strip searched and made to place her fingerprints on a confession in Arabic that she could not understand. (Muslim News, Feb. 10.) These allegations are denied by the religious police.

In their posting, the religious police said: "It's not allowed for any woman to travel alone and sit with a strange man and talk and laugh and drink coffee together like they are married. All of these are against the law.... First, for a woman to work with men is against the law and against religion. Second, the family sections at coffee shops and restaurants are meant for families and close relatives." The religious police say they will sue two newspaper columnists who defended Yara. The Mutaween say the columnists are spreading lies that give the wrong idea of Saudi Arabia.

Oklahoma City Settles Suit Over Christmas Decorations Policy

City Council in Oklahoma City voted yesterday to approve a settlement in a lawsuit that was filed last year by two city employees who challenged the city's policy on religious Christmas decorations in work areas and its policy on use of the employee break room for reading the Bible. (See prior posting.) Under the settlement, according to yesterday's Oklahoman, the city will clarify its rules on religious decorations, the city manager will make a public statement, and the city will pay plaintiffs' attorneys fees.

Belarus Decree Imposes New Limits On Foreign Religious Workers

Forum 18 today reports that in Belarus, the Council of Ministers last month issued a new decree (full text in Russian) giving the Plenipotentiary for Religious and Ethnic Affairs complete discretion to refuse-- without giving reasons-- a visa for the travel of invited foreign religious workers to the country. The decree creates a more detailed application procedure for visits, and permits the government to shorten the time for which a worker is invited to that necessary for achieving the purpose of the visit. The Religion Law already allows only registered religious associations to invite workers. The new rules will have their greatest impact on the Catholic and Jewish communities in Belarus. Meanwhile, a petition with over 50,000 signatures is about to be presented to officials asking for liberalization of the country's 2002 Law on Religion.

As Castro Resigns, His Relationship With Catholic Church Is Profiled

As Cuban leader Fidel Castro last night announced that he is retiring, Catholic News Service reviews his "often stormy relationship" with Cuba's Catholic Church. Catholics initially supported the Jesuit-educated Castro's revolution. However in the 1960's, Castro nationalized 350 Catholic schools and expelled 136 priests. Churches were limited to holding religious services on church property and social action projects were banned. Cubans were discouraged from attending church and those who did were discriminated against in state and university employment. In the 1970's, though, Castro cultivated relationships with non-Cuban Marxist Catholic intellectuals. In the late 1990's Castro's relations with the Church improved as Castro met with Pope John Paul in the Vatican and the Pope visited Cuba.

Battle Over Charitable Choice Language Looming In Senate

Today's Washington Times reports that a behind-the-scenes battle is shaping up over the charitable choice provisions in the Substance Abuse and Mental Health Services Administration Act. Groups that are part of the Coalition Against Religious Discrimination want language removed that allows religious groups receiving funds under the Act to limit their hiring to members of their own faith. A coalition of religious groups is attempting to have the language retained in the reauthorization so they can continue to favor members of their own faith when hiring for federally-funded substance abuse programs. (SAMHSA Charitable Choice Regulations.) The charitable choice language was first placed in SAMHSA near the end of the Clinton administration. Some say that removing the language from SAMHSA would be a first step toward eliminating similar provisions from various other federal programs as well.

Hudsonville, MI Resident Wants God Removed From City's Website

Hudsonville, Michigan's official website sets out the following as part of city government's Mission Statement: "The City Commission and Administration of the City of Hudsonville strive to serve God through the strengthening of family and community life and are committed to excellence in providing quality municipal services." According to an AP story yesterday, the Freedom from Religion Foundation, acting on behalf of a Hudsonville resident, has asked the city to remove the reference to God. The city's mayor has no comment until he talks with the city's lawyers.

UPDATE: WZZM13 reported on Feb. 25 that Hudsonville Mayor Don VanDoeselaar said that the city will not change its mission statement. He said that the city is on solid legal ground. [Thanks to Steve Sheinberg for the lead.]

Honolulu Drops Land Use Charges Against Church

In Honolulu, Hawaii, The Ark Christian Center has reached an agreement with the city and county that will result in dismissal of a citation against the church. A press release by the Alliance Defense Fund explained that officials threatened to enforce a zoning rule against the church without citing other nonreligious groups that were also in violation. At issue is a provision prohibiting "meeting facilities" from locating within 1,000 feet of one another in light industrial zones. ADF attorneys represented the church in the negotiations that led to the agreement permitting The Ark to finish out its current lease.

Church of England Faces New Pressures Toward Disestablishment

The influential British magazine, The Economist, last week called for disestablishing the Church of England. In an editorial titled Sever Them, it says in part:

England has an established church whose authority has been intertwined with the state's for five centuries.... The queen is its head; Parliament approves its prayer book; and only last year did the prime minister relinquish the right to select its bishops, 25 of whom sit in the House of Lords.... It makes no sense in a pluralistic society to give one church special status. Nor does it make sense, in a largely secular country, to give special status to all faiths. The point of democracies is that the public arena is open to all groups—religious, humanist or football fans. The quality of the argument, not the quality of the access to power, is what matters. And citizens, not theocrats, choose.... Disestablishing the Church of England does not mean that it has no public role to play.... Let religion compete in the marketplace for ideas, not seek shelter behind special privileges.

Spero News carries an article commenting upon The Economist editorial. Meanwhile Sunday's London Telegraph reported that senior bishops in the Church of England fear that last year's decision (referred to by The Economist) giving the General Synod of the Church more power in selecting bishops could lead to disestablishment. Prime Minister Gordon Brown agreed to give up the government's role in the selection of bishops. Traditionally the Prime Minister would choose between two names presented to him by the Church's Crown Nominations Commission. A recent a survey of the General Synod found that 63% of its members think disestablishment will come within a generation.

Israel's Chief Ashkenazi Rabbi Will Return To Supreme Rabbinical Court

In the complicated religious politics in Israel, Ashkenazi Chief Rabbi Yona Metzger next month will end his voluntary suspension and return as a member of the country's Supreme Rabbinical Court and as a member of the committee that appoints religious court judges. Metzger is in line to become president of the Supreme Rabbinical Court in six weeks. Metzger had stepped down in the wake of charges that he improperly accepted free stays at a Jerusalem hotel. Haaretz today reports that the Justice Ministry's appointments committee approved Metzger's return, ignoring advice to the contrary from Attorney General Menachem Mazuz and Justice Minister Daniel Friedmann.

As Governor Huckabee Rejected Use of Term "Act of God"

CNS News today, focusing on charges that former Akansas Governor Mike Huckabee injects his religious views excessively into politics, reports on an illustrative incident that occurred in 1997 while Huckabee was governor. He refused to sign a bill passed by the Arkansas legislature to protect homeowners from having their insurance cancelled because the bill referred to natural disasters using the common legal term "act of God". Huckabee said: "I refuse to walk through tornado damage and to say that what destroyed it was God and what built it back was only human beings. I saw God protect a lot of people, save a lot of people. That's an act of God, too." After a week of debate, the Arkansas House finally relented and changed the wording of the bill.

President's Remarks In Africa Reflect His Religious Faith

The Wall Street Journal reported on Sunday that during his current tour of Africa, President Bush often invokes religious allusions in his speeches and statements. The article points out the appeal of this approach to religious voters who, in recent years, have focused increasingly on issues of poverty and disease around the world.

Chief Justice Roberts Speaks To Rabbinical Group

U.S. Chief Justice John Roberts spoke before the Rabbinical Assembly, the organization of Conservative rabbis, as he received its Truth and Justice award last week in Washington. Saturday's Jerusalem Post reports that Roberts spoke of connections between Jewish tradition and the American legal structure. He said: "The friezes that surround the Supreme Court's courtroom provide a visible reminder that throughout history, progress in law, which is to say human progress, has been marked by a procession in which religion, morality and personal liberty have traveled together." Some rabbis in attendance were critical of Roberts views on certain issues, including women's reproductive health. The Conservative movement supports a woman's right to choose.

Recent Scholarly Articles of Interest

From SSRN:

• Daniel Augenstein, A European Culture of Religious Tolerance, (EUI LAW Working Paper No. 2008/4, Jan. 2008).


• Katherine B. Darmer & Robert M. Baird, Introduction to Morality, Justice and the Law, (MORALITY, JUSTICE AND THE LAW: THE CONTINUING DEBATE, Prometheus Books, 2007).


• Wojciech Sadurski, Rights and Moral Reasoning: An Unstated Assumption, (December 2007).


• Robert L. Tsai, Reconsidering Gobitis: Lessons in Presidential Leadership, (Feb. 2008).


• Candidus Dougherty, Heffron v. International Society for Krishna Consciousness, (Encyclopedia of the United States Supreme Court, 2008).


• Shelley Ross Saxer, Faith in Action: Religious Accessory Uses and Land Use Regulation, (Utah Law Review, Forthcoming).


• Nathan B. Oman, Preaching to the Court House and Judging in the Temple, (Feb. 11, 2008).


• George P. Smith, Of Panjandrums, Pooh Bahs, Parvenus, and Prophets: Law, Religion, and Medical Science, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-11).


• Jared Rubin, Printing and Interest Restrictions in Islam & Christianity: An Economic Theory of Inhibitive Law Persistence and Divergence, (January 22, 2008).

From SmartCILP:

• Cindy Skach, From "Just" to "Just Decent"? Constitutional Transformations and the Reordering of the Twenty-First-Century Public Sphere, 67 Maryland Law Review 258-280 (2007).

The Journal of Church and State, Vol. 49, No. 4 (Autumn 2007) has recently been published.