Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, February 29, 2008
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.
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.
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."
Thursday, February 28, 2008
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.
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."
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.
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.
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