EEOC Sues Nursing Home On Behalf of Sikh Woman Ordered To Remove Kirpan

The Sacramento Bee reports that last Thursday the Equal Employment Opportunity Commission filed a federal lawsuit against a Sacramento nursing home for refusing to accommodate the religious beliefs of a Sikh employee. The nursing home, owned by ManorCare Health Services, insisted that Baljit Kaur Bhandal remove her kirpan while at work, or lose her job. Bhandal wears the sheathed ceremonial knife under her clothing.

Canadian Court Refuses To Order Breakaway Churches To Host Loyalists

In February, eleven Canadian Anglican parishes voted to separate from the Anglican Church of Canada and join together instead in the Anglican Network in Canada. The breakaway congregations object to the ACC's liberalizing positions on issues such as homosexuality. The Anglican Journal today reports on the first court decision flowing from the split. In Hamilton, Ontario, the question of who owns the property of three breakaway parishes is pending before a Superior Court judge. (CBC News.) Last Sunday, these breakaway congregations voluntarily permitted clergy representing the "loyalist" faction to hold their own services in the church building for their followers. However, when the loyalists invited supporters from surrounding parishes to attend the services, the breakaway congregations cried foul and refused to extend the arrangement for the next two weeks until the court rules on the property issue. The loyalists asked the court to order the arrangement extended, but Justice James Ramsay refused to do so.

Wife of Russia's Likely Next President Presses Religious Ties

In the U.S. presidential elections, the religious views of the candidates have often assumed importance. In Russia, according to Sunday's London Telegraph, the religious views of the leading presidential candidate's wife are important. Svetlana Medvedev, wife of Dmitry Medvedev who is likely to be elected to succeed Vladimir Putinin the country's elections on Sunday, is credited with drawing her husband into the Orthodox Church. The Church has endorsed Medvedev's candidacy. Svetlana Medvedev currently is the head of a Church board that is pushing to reintroduce religion into Russian schools.

California College Says Quaker Teacher May Not Sign Amended Loyalty Oath

California requires teachers to sign an oath swearing or affirming that they will support and defend the federal and state constitutions against all enemies, foreign and domestic. The San Francisco Chronicle reported on Friday that California State University East Bay has fired a graduate student who was employed part-time to teach remedial math because she would not sign the oath without modifying it to reflect her pacifist Quaker views. Citing a 1968 California appellate decision, Smith v. County Engineer, the University took the position that graduate student Marianne Kearney-Brown could not amend the oath. The University said she could sign it, and then place a separate note in her personnel file explaining her views. Kearney-Brown, however, declined that option. [Thanks to Joel Sogol via Religionlaw for the lead.]

High School Suspends Students For Wearing Crucifxes; Seen As Gang Symbol

The AP reported on Friday that an Albany, Oregon high school suspended two teenagers for refusing to remove crucifixes that they say were gifts from their mothers. Apparently high schools in this part of Oregon have been dealing with crucifixes and rosaries as gang symbols. South Albany High School principal Chris Equinoa says he has authority to ask a student to remove an item that may indicate gang membership, even if it is also a religious symbol. Equinoa said that he would only do this based on other information as well.

7th Circuit Upholds Dismissal of FLSA Claim On Basis of Ministerial Exception

In Schleicher v. Salvation Army, (7th Cir., Feb. 28, 2008), the U.S. 7th Circuit Court of Appeals, in an opinion by Judge Posner, applied the "ministerial exception" doctrine to dismiss a suit brought under the Fair Labor Standards Act by two ordained Salvation Army ministers. Plaintiffs, who administered one of the Salvation Army's Adult Rehabilitation Centers, were provided basic needs allowances less than the FLSA's prescribed minimum wage. While the FLSA applies to religious organizations when they engage in ordinary commercial activities, the court held that here clergy were engaged in ecclesiastical administration of a church. They were not merely commercial employees of thrift shops which were a part of the Rehabilitation Center program. The court held that plaintiffs' claim should be dismissed not for lack of jurisdiction (as the lower court had held), but because defendants were entitled to summary judgment on the merits. [Thanks to How Appealing for the lead.]

[Corrected & Revised]-- Kosovo's Orthodox Albanian Minority Says Draft Constitution Infringes Their Religious Rights

Ethnic Albanians are the majority in newly-independent Kosovo. Most of them are Muslim. About 3% are Roman Catholic. Some 5% to 6% of Kosovars are Serbs, and they are generally members of the Serbian Orthodox Church. (Background.) However, apparently there are a small number of Albanians in Kosovo who are (or wish to be) members of the Orthodox Church of Albania. An analysis published Thursday by the New Kosova Report argues that the recently released Draft Constitution of the Republic of Kosovo denies freedom of religion and belief to Kosovo's Albanian Orthodox minority.

While Article 58 provides that "the Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities," the report argues that "any Albanian wishing to worship as Orthodox will be forced to define themself as Serb." It reaches this conclusion because Article 143 of the Draft Constitution provides: "The Constitution of the Republic of Kosovo shall be interpreted in compliance with the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007. If there are contradictions between the provisions of this Constitution and the provisions of the status settlement, the latter shall prevail." The referenced Comprehensive Proposal (full text), also known as the Ahtisaari Plan, defines the Orthodox Church in Kosovo as the Serbian Orthodox Church. (Annex V).

Colorado Catholic Conference Does Not Support Personhood Amendment

This November, Colorado voters will cast ballots on a proposed Human Life Amendment to the Colorado Constitution. (Background.) Yesterday's Denver Post reported that the state's Catholic Conference believes that Colorado For Equal Rights, the sponsor of the Amendment, has misrepresented the views of the state's Catholic bishops regarding the Amendment. In a statement issued yesterday, the Catholic Conference said: "No broad-based coalition of Catholic leaders has voiced support for Colorado’s Personhood Amendment. We commend the goal of this effort to end abortion. Individual Catholics may certainly choose to work for its passage. At the same time, we recognize that other people committed to the sanctity of life have raised serious questions about this specific amendment’s timing and content. We encourage any and all efforts to eliminate or reduce attacks on the unborn, but we do not believe that this year’s Colorado Personhood Amendment is the best means to pursue this issue at this time." An article in last December's Chicago Tribune outlines the concerns of many anti-abortion strategists about the approach of granting personhood to embryos.

The proposed amendment would define "person" for purposes of Art. II, Secs. 3, 6 and 25 of the state Constitution (inalienable rights, equality of justice and due process clauses) as "including any human being from the moment of fertilization". If passed, it would presumably create substantial hurdles to in vitro fertilization practices in which some of the fertilized eggs are not implanted, as well as to some methods of contraception. This Amendment's protection of access to the courts once eggs are fertilized apparently creates the possibility of lawsuits brought on behalf of a fetus prior to birth.

Arkansas Supreme Court Hears Arguments In Buddhist Temple Election Dispute

The Arkansas Supreme Court on Thursday heard oral arguments in a case challenging an election of board members at a Buddhist Temple in Fort Smith (AK). The Northwest Arkansas Morning News reports on the appeal of a state circuit court's decision ordering an election and deciding who was a voting member of Wat Buddha Samakitham. James Dunn, attorney for the defendants, argued that it was unconsitutional for the trial court to decide who is a member of a religious organization. Brian Meadors, attorney for the plaintiffs, countered that the trial court did not become involved in ecclesiastical matters. He said the court merely interpreted the Temple's bylaw provision defining requirements for membership.

Cuba Signs International Covenant on Civil and Political Rights

The AP reports that yesterday Cuba signed two important international human rights treaties-- the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The Civil and Political Rights document protects the right to freedom of thought, conscience and religion.

Air Force Academy Invites New Speakers After Controversial Anti-Muslim Forum

Earlier this month, three controversial speakers (known as the "3-X Terrorists") appeared at the U.S. Air Force Academy at a forum on "Dismantling Terrorism" organized by the school's political science department. As described by Inter Press Service: "To supporters, the 3-X represent 'moderate' voices; they are self-professed Muslim extremists who converted to evangelical Christianity and are now exposing Islam for what it really is. To critics, they are frauds, accused of fabricating much of their past exploits as mass murderers in order to peddle their Islamophobia on the lecture circuit and on cable news networks..."

Yesterday the San Diego Union-Tribune reported that three speakers with different viewpoints have now been invited after the Academy received complaints that the earlier forum had unfairly condemned all Muslims. Mikey Weinstein, head of the Military Religious Freedom Foundation, former U.S. ambassador to Niger Joe Wilson and Islamic expert Reza Aslan, a research associate at the University of Southern California's Center on Public Diplomacy will speak to cadets on April 9.

Suit Challenges Christian Prayers At NY Town Board Meetings

Americans United announced yesterday that it has filed suit in a New York federal district court against the town of Greece, N.Y., and its supervisor, John Auberger. The suit, filed on behalf of two local residents, challenges on Establishment clause grounds the Town Board's practice of opening its meetings with prayers that have overwhelmingly been overtly Christian in content. The complaint (full text) in Galloway v. Town of Greece, (WD NY, filed 2/28/2008), contends that "By sponsoring persistently sectarian ... prayers, the Town Board has publicly aligned itself with a single faith. ... [It] sends the message to non-Christians that they are unwelcome at Board meetings and that the Board does not represent non-Christians' concerns."

Competing Bible Study Groups In California Capitol

Yesterday's Sacramento Bee carries a story about rather nasty competition between two separate Bible study groups for California lawmakers. At the center of the controversy is former UCLA basketball player Ralph Drollinger who now, as an evangelical chaplain for Capitol Ministries, teaches a Legislators' Bible Study. As Drollinger explains it in a blog posting, several years ago two disgruntled participants started a competing group that uses a "share-your-thoughts" format, instead of one that involves a lecture by the group leader. Drollinger writes:

The fellowship group makes everyone feel okay, no matter what spiritual direction they are coming from. They are made to feel okay about their rejection of salvation in Christ alone. It is apparent too that these lost (spiritually speaking) legislators have been made to feel superior to me in their progressive religious tolerance.... Although they are pleasant men in their personal demeanor, their group is more than disgusting to our Lord and Savior. What the fellowship group offers is Jesus of Nazareth, a good moral teacher who loves everyone without distinction. This is a deadly lie. There is no true fellowship without first being reconciled to God (i.e. repentance from sin and faith in God through the work of Jesus Christ the Messiah).

Assemblyman Rick Keene, who sponsors the competing group, says that both he and Drollinger think they are doing the right thing. Sen. Darrell Steinberg, who will serve as Senate president pro tem next year, was less charitable, calling Drollinger's statements "offensive," "intolerant," "troubling" and "deplorable." [Thanks to Scott Mange for the lead.]

Bush Appoints Envoy To Organization of the Islamic Conference

President Bush announced yesterday that he is appointing businessman Sada Cumber as Presidential Envoy to the Organization of the Islamic Conference. Bush said that Cumber's mission "is to explain to the Islamic world that America is a friend -- is a friend of freedom, is a friend of peace, that we value religion -- that, matter of fact, we value it to the point where we believe that anybody should be able to worship the way they see fit, and we respect that."

Arizona House Panel Approves Bill To Protect Student Religious Expression

On Wednesday, the Arizona House Education Committee narrowly approved, and sent on to the full House of Representatives, HB 2713, a bill that would prohibit public schools from discriminating against students on the basis of their religious belief or expression. It permits students to engage in prayer and religious activity on an equal basis with other activities, but does not permit the school to require participation in religious activities. It includes provisions prohibiting banning of religious attire and jewelry when similar secular items are permitted and another section that prohibits discrimination for or against a student in grading coursework in which the student expresses a religious viewpoint or religious content. Yesterday's Yuma Sun and the Oklahoman both reported on the bill. One of the issues discussed during committee debate was whether teachers could grade down a student who applies Biblical notions of creationism in answering test questions. Rep. Doug Clark said it depends on how the question is asked. A teacher could legitimately ask students to answer a question "based on the theories and science taught in class".

Suit Claims Headscarf Amendments To Turkish Constitution Are Impermissible

An interesting Constitutional challenge was filed in Turkey's Constitutional Court on Tuesday, according to Today's Zaman. Article 4 of Turkey's Constitution makes the document's first three articles unamendable. 112 opposition deputies signed a nearly 50-page petition claiming that recent Constitutional amendments lifting the country's ban on wearing of headscarves at universities are inconsistent with unamendable Article 2. That article provides: "The Republic of Turkey is a democratic, secular and social state governed by the rule of law ... and based on the fundamental tenets set forth in the Preamble." The Preamble in turn provides: "as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics".

Meanwhile, 12 nongovernmental organizations in Erzurum said they will file a criminal complaint against Atatürk University Rector Yaşar Sütbeyaz who continues to ban headscarves at his school.

UPDATE: AFP reported on Friday that only 7 out of more than 100 universities in Turkey have complied with the new provisions permitting headscarves. Turkey's ruling party called for legal action against University rectors who have not complied.

Suit Challenging Georgia City's Demonstration Ordinance Settled

Yesterday, a Georgia federal district court approved a settlement in Baumann v. City of Cumming, Georgia, (ND GA, Feb. 27, 2008), a suit brought by Frederic Baumann who was arrested for handing out Christian gospel tracts in front of the Cumming Fairgrounds. The court previously issued a preliminary injunction barring the city from enforcing its parade and demonstration ordinance. (See prior posting.) The city then rescinded the challenged ordinance. In the settlement, plaintiff was awarded an undisclosed amount of damages and attorneys' fees. Alliance Defense Fund yesterday announced the settlement.

Advocacy Group Criticizes Use Of Religion In Presidential Primaries

The Interfaith Alliance yesterday released its list of the top ten incidents involving the misuse of religion for political purposes in the 2007-08 Presidential primaries. It has also posted a video of its picks titled "Top Ten Moments In the Race for Pastor-In-Chief". Topping the Alliance's list is Mike Huckabee's statement that: "What we need to do is to amend the Constitution so it's in God's standards rather than try to change God's standards."

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.)