Clergy Privilege Scope At Issue In Molestation Prosecution

A child molestation case in Riverside County, California is testing the reach of California's privilege for communications with clergy. Yesterday's Riverside Press-Enterprise reports that prosecutors want two elders in a Jehovah's Witnesses congregation to testify about statements made to them by Gilbert Simental, who is charged with molesting two of his daughter's friends. The victims' parents complained to congregational elders about the abuse, and the elders convened a judicial committee to look into the charges. Prosecutor Burke Strunsky says that Simental confessed to the judicial committee, and afterwards, Elder Andrew Sinay talked about the admissions with the girls' mother. Simental's attorneys say their client is innocent. Prosecutors will likely point to a 2005 decision by a Napa County court holding that statements by an accused molester made to Jehovah's Witnesses elders during a judicial committee are not covered by the penitent-clergy privilege because the committee is not required by the organization's practices to keep the statements confidential. The information goes to Jehovah's Witnesses headquarters, and it keeps a non-public database of those who elders have found committed child molestation.

Soldier Says Promotion Was Blocked Because of Earlier Free Exercise Claims

Last September, Spc. Jeremy Hall filed a lawsuit against the military claiming he was threatened by an Army major for holding a meeting of non-Christians and atheists in Iraq. (See prior posting.) The lawsuit was refiled yesterday in a Kansas federal court with an added claim that Hall's promotion was blocked in retaliation for filing the original lawsuit. According to the AP, the new lawsuit says that Hall's platoon sergeant told him that he would be "unable to put aside his personal convictions and pray with his troops" and would have trouble bonding with them if he were promoted. Hall's co-plaintiff is the Military Religious Freedom Foundation. Hall's attorneys allege that Ft. Riley has permitted a culture that promotes Christianity and promotes anti-Islamic sentiment. A press release on the case by MMRF says: "It is beyond despicable ... that the United States Army is actively attempting to destroy the professional career of one of its decorated young fighting soldiers ... simply because he had the rare courage to stand up for his Constitutional rights ... against a superior officer who was forcefully attempting to intimidate him into accepting fundamentalist Christianity."

Odessa, Texas Bible Curriculum Lawsuit Settled

The ACLU announced yesterday that a settlement has been reached in a 2007 lawsuit challenging a course in The Bible in History and Literature offered by two Odessa, Texas schools. (See prior posting.) According to the ACLU's release, the current curriculum calls for "true" and "false" answers on matters of religious faith, and asks students to memorize Bible passages and discuss their impact on their lives. It also presents a view of American history that promotes specific religious beliefs. Under the settlement agreement, Ector County schools must stop teaching its current course after this school year. Any future Bible course must follow guidelines that will make it appropriate for for students of all faiths, including non-believers. Future courses may not use the curriculum developed by the National Council on Bible Curriculum in Public Schools. Today's New York Times reports on the settlement.

Court Rejects Establishment Clause Attack on "Good Samaritan" Requirement

The Texas Transportation Code, Sec. 550.023 provides that the operator of a vehicle involved in an accident must stop and provide reasonable assistance to any person injured in the accident. In Guerra v. Texas, (TX 4th Dist. Ct. App., March 5, 2008), a Texas state appellate court rejected a claim that this provision violates the Establishment Clause. Defendant had argued that the provision imposes "Christian conduct, custom, philosophy and principles to all drivers to be 'Good Samaritans.'" The court held, however that "a statute does not violate the Establishment Clause just because it is consistent with religious views." The court also rejected privacy, vagueness and due process challenges to the statute.

House of Lords Votes To Repeal Blasphemy Law; Refuses Appeal In Blasphemy Case

Britain's House of Lords yesterday voted 148-87 to add an amendment to a pending criminal justice bill to repeal Britain's existing blasphemy law. The bill must now go back to the House of Commons for approval. Yesterday's Los Angeles Times reported that the vote was preceded by "a wrenching, two-hour debate." Britain's current blasphemy law, as interpreted by the courts, protects only the Church of England. (Background). The government had previously agreed to consult with the Church of England before moving ahead with the repeal. (See prior posting.) While the Church's archbishops have expressed reservations about the repeal at this time, the Church has not gone further to oppose the move. (See prior posting.)

Meanwhile, icWales reported yesterday that a House of Lords Appeal Committee has refused to hear an appeal in the blasphemy case involving the musical Jerry Springer – The Opera. Last year, two High Court judges ruled that the performance did not violate Britain's blasphemy laws. (See prior posting.) The Appeals Committee said that "the petition does not raise an arguable point of law of general public importance ..." Criticizing the denial, Christian Voice, which originally sought to prosecute the case, said: "Apparently Jesus Christ, Mary, the mother of the Lord, and Almighty God may now be ridiculed and insulted on stage and by broadcasters free from the sanctions of the law."

Maryland Town Debates Policy of Free Water To Churches

Yesterday's Baltimore Sun reports that Mount Airy (MD) Town Council is debating whether to modify its current policy of providing free municipal water service to churches and other non-profit organizations. A proposed resolution would set criteria for entitlement to the exemption from water charges. It would require the non-profit to provide a public service at the site; not exceed an average use of 20,000 gallons per quarter; agree to use water conservation items provided by the town; and cooperate in conservation planning. Also the exemption would not be permitted if it led to rate increases or other negative effects on other users. Monday night, Council decided to postpone adopting the proposed changes until the town's water and sewer commission gives its views. However, the town will temporarily apply the proposed guidelines to churches until a permanent decision is made. Two councilmen are concerned about the church-state implications of the current policy.

Harvard Accommodates Muslim Women In Setting Gym Hours

The AP yesterday reported that Harvard University has taken a step to accommodate Muslim women by setting setting six hours a week as women-only hours at one of its gyms. The policy-- which applies to only one of the university's less-used gyms-- is controversial even among some women on campus. Harvard Crimson writer Lucy Caldwell published a column last month criticizing the University's decision. It's subtitle is one that would probably appear only in a college newspaper-- "Women-only Hours at the QRAC Constitute a Pareto Inefficient Policy".

Illinois House Votes To Eliminate Mandatory Moment of Silence In Schools

The Illinois House of Representatives yesterday voted to reverse its action of less than a year ago. (See prior posting). By a vote of 72-31 it approved, and sent to the Senate, H.B. 4180 that would make a moment of silence optional instead of mandatory in Illinois schools. Both the State Journal-Register and the Chicago Tribune report that even though last year the legislature overrode Gov. Rod Blagojevich's veto of a bill that made the moment of silence mandatory, a number of legislators have now reversed their positions after complaints from many teachers and superintendents. Senate passage of the bill is less certain. Last November, a federal judge issued a preliminary injunction blocking one school district from enforcing the law. (See prior posting.)

Minnesota City Rejects Bond Issuance For Christian School

The Edina, Minnesota City council on Monday voted 4-1 against approving the issuance of tax-exempt bonds to help a Christian elementary school expand its building. the Minneapolis Star Tribune reports that the vote follows a letter from the ACLU that urged rejection of the proposal on church-state grounds. Advocates for Calvin Christian School had argued that the $1.5 million expansion would involve non-religious space, but the school's website emphasizes that Christian teaching permeates every aspect of the school's life.

Vatican To Honor Galileo With Statue

Yesterday's London Times reported that the Vatican is attempting to complete its rehabilitation of 17th century scientist Galileo Galilei who was forced by the Church to recant his view that the earth revolves around the sun. Coinciding with next year's celebration of the 400th anniversary of Galileo's development of the telescope, the Vatican will erect a statue of him inside the Vatican walls. Paid for by private funds, the staute will be placed in the Vatican gardens near the apartment where Galileo was jailed while awaiting trial for heresy in 1633. Nicola Cabibbo, head of the Pontifical Academy of Sciences, said: "The Church wants to close the Galileo affair and reach a definitive understanding not only of his great legacy but also of the relationship between science and faith."

Obama Cites Sermon on Mount In Support of Civil Unions

Yesterday's Christian Post reports that Sen. Barack Obama created some consternation among evangelicals while campaigning in Ohio last Sunday. He cited Jesus' Sermon on the Mount to back his support for gay civil unions. Responding to a question from a local pastor, Obama said: "I believe in civil unions that allow a same-sex couple to visit each other in a hospital or transfer property to each other. I don't think it should be called marriage, but I think that it is a legal right that they should have that is recognized by the state. If people find that controversial, then I would just refer them to the Sermon on the Mount, which I think is, in my mind, for my faith, more central than an obscure passage in Romans." Commenting on Obama's position, Pastor John Barner, manager of pastoral care at Focus on the Family, said: "We believe isolated portions of Scripture should not be used to justify a personal preference or a social position that goes in a different direction than the overall message of Scripture."

Court Holds Several Liable In Challenge To Faith-Based Rehab Placement

Hanas v. Inner City Christian Outreach, Inc., 2008 U.S. Dist. LEXIS 15472 (ED MI, Feb. 29, 2008) is a suit in federal district court in Michigan in which Joseph Hanas, who pled guilty to possession of marijuana, challenged a court's placement of him in a faith-based rehabilitation program operated by Inner City Christian Outreach (ICCO). ICCO staff prevented Hanas from practicing Catholicism and forced him to participate in Pentecostal worship and Bible studies. The suit sought a declaratory judgment and damages against ICCO, its pastor, a Drug Court social worker and a Drug Court consultant. The court held that most of the defendants were liable for Establishment Clause and Free Exercise violations.

Turkish Court Rules That Religion Classes Are Not Compulsory

Turkey's Council of State ruled yesterday that students may be excused from religion courses as they are currently offered in Turkey's schools. Today's Zaman reports on the court's ruling in a case brought by the father of a seventh grader. Explaining the ruling, the 8th Chamber of the Council of State said: "It is stated in Article 24 of the Constitution that primary, secondary and high school students are obliged to attend classes on religion, culture and morality. But these classes cannot be considered classes on culture and morality in terms of their content. Thus, it is not against the law to allow students' parents to decide whether they should attend these classes." Today's International Herald Tribune reports that plaintiffs in the case were an Alevi family who objected to their children being forced to attend Sunni-oriented classes. It continues: "The ruling is likely to please the European Union which has made religious liberties a condition for Turkey's membership bid. The EU has been pressing Turkey to address Alevi claims, including difficulties opening their houses of worship and obtaining state funds for religious facilities." (See prior related posting.)

Ohio Muslims Tend To Support Obama In Primary

As a crucial Presidential primaries are held in Ohio and Texas today, BBC News reports that Muslims in Ohio tend to be supporting Barack Obama. The article foucses primarily on the 60,000 Muslims who live in Cleveland.

Church of England Is Concerned About Proposal To Abolish Blasphemy Laws

Today's London Guardian reports that the archbishops of the Church of England have "serious reservations" about the method and timing of government proposals to abolish Britain's blasphemy laws. In a joint letter, the archbishops of Canterbury and York said that while they have supported repeal in the right context, they fear that the present move could be seen as a move toward secularization or as an invitation to attack or insult religion. (See prior related posting.)

UN Report On Religious Freedom In Britain Released

Religious Intelligence reported yesterday that the United Nation's Special Rapporteur on Freedom of Religion or Belief has prepared a report on religious freedom in Britain. While finding a high degree of freedom, the report indicated a number of issues that remain. Muslim groups consider the government's anti-terrorism policy to be discriminatory. The continued existence of Britain's blasphemy law was criticized. Jewish groups complained of increased anti-Semitism; Hindus objected to an educational curriculum that favors Urdu over Hindu; Sikhs want proportional representation by religion in parliament. Some Christian groups object to policies and rules prohibiting discrimination against gays and lesbians.

Univeristy of South Carolina Student Organization Funding Challenged

Last Thursday, the Christian Legal Society at the University of South Carolina filed suit against the University challenging a University rule that makes recognized student religious organizations ineligible for general funding from student activity fees. Religious groups may only apply for special funding for content neutral programs. The federal court complaint (full text) alleges that the University rule amounts to unconstitutional viewpoint discrimination and violates CLS's free exercise rights. A release issued Sunday by the Alliance Defense Fund says that "instead of formally serving the complaint filed with the court, ADF and CLS attorneys sent a courtesy copy to university officials with a letter requesting that they correct the unconstitutional policy within two weeks."

Malaysian Churches Are Entering Politics

According to today's Boston Globe, in Malaysia, Christian churches are becoming involved in this week end's upcoming elections. Churches are urging Christians to back candidates who promote religious freedom. The Christian Federation of Malaysia is encouraging Christians to vote for candidates whose policies "reflect God's standard and Christian values." Many Christians are worried about a perceived Islamization of national life in Malaysia.

Arizona Case Makes Canon Law Relevant To Former Priest's Fraud Defense

In Arizona, prosecutors are deciding whether to again charge former Roman Catholic priest Dennis Riccitelli with fraud. Phoenix's East Valley Tribune reported yesterday that a judge's prior dismissal of the case requires prosecutors to tell any new grand jury that they must consider canon law in deciding whether to indict. Riccitelli was charged with using church real estate and funds to benefit himself. His lawyers, however, argued that under canon law a priest has the right to spend his church's money as he sees fit. Last year Maricopa County Judge Silvia Arellano ruled that church law and policies are directly relevant to whether Riccitelli committed fraud. State appellate courts have refused to review the decision. Prosecutors are concerned that the case will invite other defendants to use religious law to justify criminal conduct.

Two Courts Are Reviewing Revocation of Property Tax Exemptions

Two different courts last week focused on when an organization meets the standards for a property tax exemption as a religious or charitable non-profit institution. In Urbana, Illinois, a county court ruled that Provena Covenant Medical Center's lawsuit seeking an immediate property tax refund should be permitted to continue. After the state ruled that the property tax exemption for the Catholic hospital should be revoked, the hospital sued. A Sangamon County court ruled the hospital qualifies for the exemption as both a religious and charitable organization. The Department of Revenue is appealing that ruling and claims that it is not required to refund past taxes to the hospital until appeals have been exhausted. Covenant sued for an immediate refund. The Urbana News-Gazette reported last Thursday that in holding that this suit could continue, the court urged the state to give "serious thought" to making the refund and to stop spending taxpayer money on litigation.

Meanwhile, Friday's Roanoke (VA) Times reported that the Virginia Supreme Court has agreed to hear an appeal by The Glebe, a Baptist retirement facility, that is attempting to overturn the revocation of its property tax exemption. Last year a state circuit court ruled that the religious and benevolent exemption granted in 1976 by the Virginia legislature to Virginia Baptist Homes applies to land held in the name of VBH only if the specific property is used for religious or benevolent purposes. (See prior posting.) The county contends that The Glebe is a resort for wealthy retirees that provides no charitable or religious services to its residents. VBS says that eventually the facility will offer reduced rates.