Wednesday, February 27, 2008

IRS Opens Investigation of Obama Speech To United Church of Christ Meeting

The Internal Revenue Service has opened an investigation into Barack Obama's June 2007 speech (full text) to the United Church of Christ's General Synod. (See prior related posting.) In a news article posted online by the UCC yesterday, the Church said that it had taken "great care to ensure that Senator Obama's appearance before the 50th anniversary General Synod met appropriate legal and moral standards." The IRS letter to the Church (full text) said that, in addition to the speech, the IRS was concerned about reports that 40 Obama campaign volunteers were staffing tables outside the Hartford Convention Center where the General Synod was taking place. The Internal Revenue Code precludes tax-exempt non-profit organizations like the UCC from participating in candidates' political campaigns. Today's Cleveland Plain Dealer reports that Obama, who is a long-time member of the United Church of Christ, was invited to address the General Synod before he announced his candidacy for President of the United States.

A number of people have expressed puzzlement at the IRS's move. Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State said his organization did not file a complaint with the IRS over Obama's speech because it "saw no evidence of UCC officials seeking to appear to endorse his candidacy." Writing in the Washington Post, Rev. Susan Brooks Thistlewaite said: "There is true irony in the IRS investigating the UCC for the presentation of a speech that may go down in history as one of the most profound articulations of how we as Americans live into transcendent meaning and purpose through our free, democratic institutions." Also Blog from the Capital and Melissa Rogers both discuss the IRS's investigation of the UCC.

USCIRF Urges Liberalization Of Religious Freedom By Cuba

Today's Christian Post reports that the U.S. Commission on International Religious Freedom has issued a statement (full text) urging the new Cuban government of Raul Castro to change past policies and grant greater religious freedom and other human rights to Cuba's citizens. Cuba has been on USCIRF's Watch List of countries whose treatment of religion requires close monitoring. (See prior posting.)

Refusal Of Athlete's Acommodation Request Ultimately Benefits Player

Today's Palm Beach Post reports on a case with an unusual twist in which a high school athlete sought to obtain accommodation of her religious beliefs in the scheduling of state tournament competitions. Orthodox Jewish girl's basketball player, Bassie Orzechowitz, unsuccessfully petitioned the Florida High School Athletic Association to move its Queen of the Hill three-point competition a few hours later so she could compete after sundown on Saturday. (Palm Beach Post, 2/23). Failing to get accommodations, Orzechowitz decided not to compete. On Saturday--the day of the competition-- Orzechowitz developed stomach pains and, it turns out, needed an emergency appendectomy. Doctors said that had she competed, her appendix might have ruptured while she was on the court. Orzechowitz's mother attributed her daughter's observance of the Sabbath as saving her from a more serious health situation.

Argentine Nominee For Ambassador To Vatican Withdraws

Alberto Iribarne, recently named by Argentina as its ambassador to the Holy See, has decided not to accept the post after objections from the Vatican. CNA reported yesterday that the appointment created problems because the Vatican, in accepting an ambassador, insists that if the individual is Catholic, he or she must not be "in a state of canonical irregularity". Iribarne's remarriage after being divorced precludes him from receiving communion. Some Catholics in Argentina also have objected to Iribarne's appointment because, as former Justice Minister, he signed an anti-discrimination law that pro-life groups said would promote abortion and homosexuality and would change Church-state relations.

FLDS Warren Jeffs To Be Arraigned In Arizona Today

Warren Jeffs, former leader of the polygamous FLDS Church, will be arraigned in Arizona today on charges growing out of his activities in arranging the marriages of two teenage girls to older men. Jeffs has already been convicted in Utah of being an accomplice to rape in a case involving one of the same marriages that are issue in the Arizona prosecution. He is charged in Arizona with being an accomplice to incest and sexual contact with a minor. The AP reports that Jeffs will plead not guilty and seek a change of venue.

Delaware Religion In School Case Settled

Jews on First reported yesterday that a settlement has been reached in Dobrich v. Indian River School District, a long-running lawsuit by two Jewish families against a school district in southeast Delaware. (Text of the Feb. 21 order approving settlement.) The suit alleged that the schools unconstitutionally fostered Christianity and forced religion on children. The settlement requires the school district to adopt policies to prevent teachers and other employees from promoting religion. They include a set of "real-world" examples illustrating how the policies will operate. All district personnel are required to read the new policies and sign a statement indicating they have done so. An undisclosed settlement amount will be paid by the school district's insurer. The settlement permits plaintiffs to continue their litigation over the school board's policy of opening its meetings with prayer. Portions of the settlement agreement and the identity of one of the plaintiff families will remain confidential. The Jews on First report includes excerpts from an interview with the mother of that family. (See prior related postings.)

Televangelists Continue To React To Sen. Grassley's Investigation

This week saw two developments in the attempts by Senator Chuck Grassley to probe the financial affairs of six "prosperity gospel" ministries. (See prior posting.) Benny Hinn of World Healing Center Church became the third minister to respond to Grassley's inquiries. (Tampa Tribune.) However, televangelist Kenneth Copeland sent a letter to his supporters accusing Grassley of attempting to tear down the wall between church and state. According to today's Des Moines Register, the letter said in part: "The enemy is not going to steal what the Lord has won through this ministry, and he is not going to use this attack to bring harm to the rest of the churches and ministries in America." Grassley's office is dissatisfied with the responses that Copeland submitted to their inquiries last December.

Clinton-Obama Debate Includes Discussion of Anti-Semitism

The debate between Sens. Clinton and Obama in Cleveland last night (full transcript) for the first time focused on the issue of anti-Semitism (beginning here in the transcript). Moderator Tim Russert asked Sen. Obama whether he accepts the recently announced endorsement by Nation of Islam leader Louis Farrakhan who once called Judaism a "gutter religion". In a lengthy exchange, Obama said: "I have been very clear in my denunciation of Minister Farrakhan's anti-Semitic comments." Obama pointed to strong support from the Jewish community and added that "what I want to do is rebuild what I consider to be a historic relationship between the African-American community and the Jewish community." Sen. Clinton responded that Obama should not just "denounce" Farrakhan's remarks, but should "reject" his support, citing a parallel situation in her 2000 campaign for the Senate. Obama responded: "There's no formal offer of help from Minister Farrakhan that would involve me rejecting it. But if the word 'reject' Senator Clinton feels is stronger than the word 'denounce,' then I'm happy to concede the point, and I would reject and denounce."

Tuesday, February 26, 2008

Israeli Court Imposes Fine For Violating Law On Sabbath Employment

In Israel, according to a report in today's Haaretz, a Beersheva Regional Labor Court has fined a store owner for employing Jewish employees on the Sabbath and Jewish holidays. The owner of the store "Melekh HaJungle" had argued that he had no way of knowing the employees' religion since it did not appear on their identity cards. He said most of the store's employees are of Russian descent which makes it difficult to determine their religion.

EU Criticizes Iran's Proposed Penal Code Provisions On Religion

Reuters reports today that the European Union has called on Iran to drop provisions in its proposed Penal Code that would impose the death penalty for apostasy, heresy and witchcraft. In a statement, EU's presidency said that the proposed law violates Iran's obligations under international human rights conventions. (See prior related posting.)

White House Issues Report on Faith-Based Initiative

Yesterday, the White House Office of Faith-Based and Community Initiatives issued a comprehensive report titled The Quiet Revolution: The President's Faith-Based and Community Initiative: A Seven-Year Progress Report. Here is a link to the Fact Sheet on the report. Here are links to other portions of the Report: Letter From President Bush; Executive Summary ; Chapter 1: A Determined Attack On Need; Chapter 2: Transforming Government; Chapter 3: Strengthening the Private Sector; Chapter 4: Measurement Matters; Chapter 5: Taking Root Across America ; The President's Faith-Based and Community Initiative in 50 States: A Report to the Nation's Governors. [Thanks to Blog from the Capital for the lead.]

Iowa Ends Controversial Faith-Based Prison Program

Iowa officials have notified Prison Fellowship Ministires that its faith-based InnerChange program will be ended in Iowa prisons in mid-March. Sunday's Des Moines Register reported that under the state's contract with the program, the state can teminiate it if enrollment falls belaow 60 inmates. That will happen when 27 prisoners graduate from the program on March 14. Last year the U.S. 8th Circuit Court of Appeals ruled that the program could no longer be run on government funding. Since then it has been funded privately, but the state ended new enrollments by prisoners in the program.

Australian Sikhs Protest Two Incidents

Sikhs in Australia are expresseing concern over discrimination after two unrelated incidents, according to today's Daily India. In one case a Sikh family has filed a complaint with Queensland's Anti-Discrimination Commission saying that the exclusive Ormiston College had refused to admit their 12-year old son because his long hair and turban would violate the school's uniform policy. (Brisbane Times). In the other case, Brisbane airport security officials required 13 Sikhs to remove their turbans and a Muslim woman to remove her face veil.

Court Rejects Free Exercise Challenge To Abortion Picketing Law

In Brown v. City of Pittsburgh, 2008 U.S. Dist. LEXIS 13463 (WD PA, Feb. 22, 2008), a Pennsylvania federal district court refused to grant a preliminary injunction against enforcing Pittsburgh's ordinance limiting picketing, demonstations and handbilling near abortion clinics. Among the arguments rejected by the court was the claim that the ordinance infringes the free exercise rights and the rights under the Pennsylvania Religious Freedom Act of plaintiff who wishes to engage in sidewalk counseling and leafleting near three reproductive health clinics.

Watchdog Group Challenges Congressional Earmarks On Establishment Clause Grounds

Yesterday, Americans United sent a letter (full text) to the Attorney General and to three other cabinet secretaries calling attention to a number of Congressional earmarks for fiscal year 2008 that raise church-state concerns. According to AU's press release, the letter identifies ten grants to religious groups that appear to violate the Establishment Clause and 16 others that merit further investigation.

Women in Turkey Test New University Headscarf Rules

In Turkey, yesterday was the first day of classes since the country's president, Abdullah Gul, signed into law a constitutional amendment permitting the wearing of headscarves at universities. However, the administration had ordered that only headscarves tied in a bow under the chin could be worn. Yesterday's Washington Post reported on the experience of women students testing whether universities would comply with the new rules. BBC News reported that some univerisities were refusing to permit headscarves as Turkey's main opposition party says it will ask the Constitutional Court to invalidate the new provisions. (See prior related posting.)

Monday, February 25, 2008

Michigan City To Consider New Invocation Guidelines

City Council in Port Huron, Michigan today plans to consider a written policy that would permit the invocation at its meetings to be led only by a minister from a recognized church in the community. Sunday's Port Huron Times Herald reported that the proposal was initiated after Khalil "Casey" Chaudry, an atheist, was refused permission to lead the invocation on the grounds that he wanted to use the time for a protest. Chaudry then used public speaking time to suggest that Council's unwritten policies be formalized. The proposed new policy will also limit any individual minister to three invocations per year, and will call for inviting ministers from all churches in the yellow pages to deliver the opening prayer. Also the invocation will be removed from the formal agenda and will instead be offered before the meeting is called to order. Finallly the mayor will no longer tell those wishing to participate to stand and bow their heads. [Thanks to Scott Mange for the lead.]

Pakistan Blocks YouTube Access Over Anti-Islamic Content

Monday's Guardian reports that Pakistan's Telecommunications Authority has blocked Internet access to YouTube because of anti-Islamic film clips posted on the site. Apparently the move was triggered by the posting of a trailer for an upcoming film by Dutch politician Geert Wilders. (See prior posting.) The government said it is also blocking access to websites carrying objectionable Danish cartoons of the Prophet Muhammad.

UPDATE: Technical errors in blocking access to YouTube led to a loss of access for up to two hours on Sunday to the wesite for two-thirds of the world's Internet users-- particularly those in Asia. CBN News reported on Monday that the unintended extension of the ban outside of Pakistan resulted from an international data carrier in Hong Kong routing traffic to YouTube through Pakistan.

Recent Prisoner Free Excercise Cases

In Smith v. Kyler, 2008 U.S. Dist. LEXIS 12586 (MD PA, Feb. 20, 2008), a Pennsylvania federal district court rejected the claims of a Rastafarian prisoner that his free exercise and equal protection rights, as well as his rights under RLUIPA, were violated by authorities' refusal to provide weekly group prayer services led by a Rastafarian prayer leader.

In Lane-El v. Indiana Department of Corrections, 2008 U.S. Dist. LEXIS 13192 (SD IN, Feb. 20, 2008), an Indiana federal district court rejected plaintiffs' claims that their free exercise and equal protection rights, as well as their rights under the Indiana constitution, were violated when the Assistant Superintendent at Pendleton Correctional Instituiton temporarily suspended religious activities of the Moorish Science Temple of America. The suspension was ordered so that officials could investigate claims that inmates were being charged money to have their names placed on the list of those who could attend Moorish Science services.

In Odom v. Dixion, 2008 U.S. Dist. LEXIS 11748, (WD NY, Feb. 15, 2008), a New York federal magistrate judge dismissed, for failure to demonstrate proof, claims by a prisoner that his constitutional rights were violated by the denial of properly prepared kosher meals.

In Scott v. High Desert State Prison, 2008 U.S. Dist. LEXIS 12170, (ED CA, February 6, 2008), a California federal magistrate judge dismissed, with leave to amend, a prisoner's RLUIPA complaint that was too vague for the court to determine whether or not it was frivolous. Plaintiff, a member of the House of Yahweh, alleged that religious vendors were not approved and prison chaplains were ordered to deprive him of his right to religious activities.

In Bridgewater v. Scribner, 2008 U.S. Dist. LEXIS 12264 (ED CA, Feb. 6, 2008), a California federal magistrate judge permitted a Muslim prisoner to continue with his claim that his free exercise rights were violated when was prevented from attending a festival to commemorate one of the five holy pillars of Islam. However, plaintiff was required to file an amended complaint if he wished to proceed as to certain of the defendants.

Saturday, February 23, 2008

Public Officials Criticize NC Schools' Requirement For Speakers

The Wake County, North Carolina schools have irritated a number of public officials by instituting a new policy requiring all guest speakers at schools to sign a form promising they will not denigrating any culture, race, gender, national origin or religion, that they will provide accurate information, and acknowledging that appropriate attire, language and behavior are required. The new policy was implemented after problems with an invited speaker last year at Raleigh's Enloe High School who called Islam a religion of violence. Today's Raleigh News Observer and Myrtle Beach Sun News report that Wake County Sheriff Donnie Harrison and Apex Mayor Keith Weatherly say it is insulting to ask public officials to sign this kind of statement before they are permitted to speak.