Suit Challenges Room Use Rules In Ohio Library

On Friday, the Alliance Defense Fund announced that it had filed a federal lawsuit against the trustees of the Upper Arlington (Ohio) Library challenging the Library's refusal to permit its meeting rooms to be used for a program sponsored by a non-profit group, Citizens For Community Values, Inc. (CFCV). Library rules permit meeting rooms to be used for cultural activities, and for discussion of public questions and social issues. However, rooms may not be used for commercial, religious or political meetings. Committees affiliated with a church are allowed to use the rooms, but not for religious services. CFCV wanted to use the room for a program titled "Politics in the Pulpit". The Library ruled that since a portion of the program involved prayer and religious song, it was not permitted under the Library rules. The complaint (full text) alleges that the Library's refusal violates the free speech, free exercise, due process and equal protection clauses of the U.S. constitution as well as the free exercise clause of Ohio's constitution.

Appropriation to Religious College Held To Violate Kentucky's Blaine Amendment

A Franklin, Kentucky Circuit Court judge yesterday ruled that the state legislature acted unconstitutionally when it appropriated $10 million for a pharmacy school building at University of the Cumberlands, a private Southern Baptist university. Judge Roger Crittenden ruled that the appropriation violated a Blaine Amendment provision in the state's constitution. Sec. 189 of the Kentucky constitution prohibits public funds from being appropriated to aid any sectarian school. The decision did not reach the question of whether the University also acted unconstitutionally in expelling a student who stated on his website that he is gay. Yesterday's Lexington Herald-Leader and the AP reported on the decision. (See prior related posting.)

Secret Service Tells Sikhs No Kirpans In Meeting With Pope

Representatives of the World Sikh Council will not join a group of interfaith leaders who will meet with Pope Benedict XVI during his U.S. visit in April. Yesterday's Contra Costa (CA) Times reports that the U.S. Secret Service demands that Sikhs remove their kirpans (ceremonial daggers) before the meeting. Kavneet Singh, managing director of United Sikhs, said: "We would all agree that the safety of the pope is paramount, but individuals of any faith shouldn't have to check their faith at the door." Secret Service spokesman Ed Donovan countered: "We're trying to be flexible. We understand it's a sanctified object, but it's still a weapon."

Arkansas Supreme Court Upholds Judicial Supervision of Buddhist Temple Election

Yesterday in Viravonga v. Wat Buddha Samakitham, (AK Sup. Ct., March 6, 2008), the Arkansas Supreme Court upheld a Circuit Court's order growing out of its supervision of a disputed election for the Board of Directors of a Buddhist Temple. Among other things, the Circuit Court determined a list of eligible voters and concluded that the Buddhist temple was non-denominational and not affiliated with the Dhammayut denomination. Affirming, the Supreme Court said:

in determining that an election was required under the 1989 bylaws and in supervising that election when the temple members proved incapable of conducting it on their own, the circuit court and its special master did not delve into matters that were essentially religious in nature, but rather applied neutral principles of law concerning election procedures.

The Pine Bluff (AK) Commercial yesterday reported on the decision. (See prior related posting.)

Canadian Court Rejects Cycle Helmet Exemption For Turban-Wearing Sikhs

In a widely publicized Canadian case, an Ontario court judge yesterday refused to grant a Sikh man a religious exemption from the requirement that motorcyclists wear helmets. Baljinder Badesha's religious beliefs prevent him from wearing anything over his turban. (See prior posting.) The court ruled, however, that cycling without a helmet creates a significant extra safety risk, in turn imposing added health care costs on the province's publicly funded health care system. It also pointed to the devastating impact on spouses and children when a cyclist is killed in a crash. Reports on the court's decision were carried by yesterday's Globe & Mail, Canadian Press, National Post, and Inside Toronto.

Florida Supreme Court Hears Arguments In Jews For Jesus False Lights Case

Yesterday the Florida Supreme Court heard oral arguments in Jews for Jesus, Inc. v. Rapp. A state appellate court had certified to the Supreme Court the question of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. (See prior posting.) Edith Rapp, a traditional Jew, claimed that Jews for Jesus falsely portrayed her in an online newsletter as a convert to the group's beliefs, causing her emotional distress and harming her reputation among her religious Jewish friends. The Ft. Myers News-Press reporting on the arguments said: "questioning by most of the justices indicated great skepticism about allowing newspapers or broadcasters to be sued over a story that is factually accurate and not deliberately constructed to hurt anyone." The briefs, pleadings and orders in the case are available online. A video of the full oral argument is also available from the Supreme Court's website. (Windows Media Player; Real Player). A press release by Liberty Counsel previewing the oral arguments gives additional background on the case.

Group Asks IRS To Probe Endorsement of Texas Congressional Candidate

Americans United for Separation of Church and State announced yesterday that it has asked the IRS to look into an endorsement of Texas Congressional candidate Shelley Sekula-Gibbs by Steve Riggle, pastor of Grace Community Church, a Houston mega-church. AU's March 6 letter to the IRS notes that Riggle's mailing nowhere says he is speaking as a private citizen in making his endorsement. Riggle said that one of the reasons he is endorsing Sekula-Gibbs is because she will co-sponsor legislation to remove limits on on-profits involvement in political campaigns. KHOU News yesterday reported on the AU's letter.

Afghan Clerics Want Ban On Indian TV Soap Operas

ANI reported yesterday that in Afghanistan, the Islamic Council of Scholars is demanding that the government ban popular Indian soap operas being shown on Afghan TV channels (dubbed in the local Dari language). They argue that the shows encourage idol worship, even though Hindu images are pixelated and worship scenes have been cut. Apparently all activities come to a halt around the country at 8:30 p.m. as everyone watches Kyunki Saas Bhi Kabhi Bahu Thi (Because a Mother-in-law was once a Daughter-in-law Too). This has led to a dramatic decline in attendance at evening Namaz prayers. Afghanistan's Minister for Information and Culture has threatened to prosecute TV channel operators if they continue with soap operas deemed offensive to public morality.

California Hospital Issues Veiled Apology To Transgender Patient

Catholic News Agency reported on Tuesday that a Daly City, California Catholic hospital which is being sued for refusing to allow gender reassignment surgery has issued a "veiled apology" to the patient. (See prior related posting.) While still claiming that Catholic teaching prohibits it from accommodating the breast augmentation surgery sought by Charlene Hastings, last week the hospital issued a written statement saying: "We regret any confusion that may have come from this situation. We want this patient and her physician to know that they are welcome at Seton Medical Center." Hastings has already decided to have surgery elsewhere, and her lawsuit for damages will continue. California law allows religiously-affiliated hospitals to refuse to perform abortions, but has no anti-discrimination exemption for refusing transgender procedures.

Fayetteville Veterans' Hospital Chaplain Speaks Out On Chapel Controversy

Archie Barringer, head chaplain at the Veterans' Administration Hospital in Fayetteville, NC, is finally speaking out on the controversy surrounding the hospital's chapel now that his early retirement has been approved. Last year, hospital officials interpreted VA neutrality requirements to mean that the Bible and cross in the chapel needed to be removed when Christian religious services were not in progress. (See prior posting.) Today's Fayetteville Observer quotes Barringer who said it was likely that hospital director Bruce Triplett would have found space for a separate non-Christian meditation room if the VA's National Chaplain Center had not gotten involved. Barringer said he will ask Fayetteville City Council to draft a resolution condemning the removal of Christian symbols from the chapel and asking the area's congressional representatives to obtain changes in the law. Barringer said: "I do not believe in using a room designated for Almighty God for other faith groups when we can provide other rooms for them." He also disclosed that at one chapel service in 2007, a chaplain concluded a pro-Christian presentation by saying that if anyone in the audience was a Muslim, a Buddhist or believed in the Dalai Lama, that they could leave.

Wisconsin D.A. Resisting Enforcement of Premise Registration For Amish

The District Attorney in Clark County, Wisconsin is questioning a request by the state's Department of Agriculture, Trade and Consumer Protection that he force the county's Old Order Amish to register their farms under the state's Premises Registration Act. WRN News today says that D.A. Darwin Zwieg wants the DATCP to show him statistical data establishing that premise registration is the only way to achieve their objective of controlling livestock disease. The Amish say that registration violates their religious beliefs.

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.