California Home School Decision Provokes Strong Reaction

Last month's decision by a California appellate court that parents have no constitutional right to home school their children is drawing increasing protest around the state. (See prior posting.) On Monday, Yahoo News reported that Governor Arnold Schwarzenegger will seek legislative changes if the decision is not reversed. A commentary published yesterday by the Acton Institute makes the case against the decision. Meanwhile the Home School Legal Defense Association plans to file a petition with the California Supreme Court asking it to depublish the court of appeals decision, thereby depriving it of precedential effect in other California courts. HSLDA is circulating a petition online which it hopes to use in its request for depublication.

Parents who are homeschooling their children will likely not see any change in current state policies. According to Tuesday's San Diego Union-Tribune, State Superintendent of Public Instruction Jack O'Connell has said that the state will not change current policies that allow parents to home school if they file to be a small, private school and hire a credentialed tutor. Alternatively they can enroll their children in an independent study program supervised by an established school. [Thanks to Scott Mange for a lead to some of the material.]

Court Ordered Church Election Dismisses Pastor

In Beaumont, Texas last Friday, a federal district judge announced the results of a court-ordered church election. Yesterday's Beaumont Enterprise reports on the case that began last year when members of the Sunlight Missionary Baptist Church delivered a letter of dismissal to their pastor, Curtis Jean Johnson. Members charged him with intimidating people from the pulpit and using church money and a credit card for personal expenses. Last June the chair of the church's deacon board filed for a restraining order and temporary injunction to enforce the dismissal. The court granted the request and ruled that a vote of members should take place to resolve the matter. By a vote of 84 to 59, members have now decided that Johnson should leave the pulpit.

State Department's Country Report on Human Rights Released

Yesterday the U.S. State Department released the Country Report on Human Rights Practices for 2007. The report broadly surveys the human rights situation separately for each county in the world, including each country's respect for freedom of religion. An AP story today reviews highlights of the new report.

Univeristy Secular Society Revises Constitution In Hopes of Student Funding

The University of South Dakota's Student Government Association's Fiscal Guidelines exclude organizations "affiliated with or dedicated to a particular religion or religious point of view" from eligibility for funding from student activity fees. Volante Online today reports that, applying this provision, the University's Student Senate rejected general funding for the Student Secular Association-- though it can still request funds for speakers. This has led SSA to rewrite its constitution in hopes of qualifying for funding. The new draft constitution merely refers to the group as providing a community for "freethinkers", taking out references to "atheists, agnostics, humanists, [and] naturalists." It also substitutes examining "the universe and humanity" for the earlier language stating that one of its purposes was to examine "the universe and our place in it." Some senators saw no problems with the original constitution, saying that there is a difference between an organization that explores the reasons for personal belief and one that promotes religion.

Township Officials Sued For Raiding Church and Threatening Prosecution of Rock Band

On Monday, the Thomas More Law Center (TMLC) filed a federal lawsuit against the Waterford (Michigan) Township supervisor, prosecutor and two Waterford police officials. The suit charges that defendants infringed the freedom of speech, association and free exercise of religion of Faith Baptist Church and of a Christian rock band playing there. A release by TMLC and a long article in WorldNet Daily discuss details of the case. Apparently after a neighbor complained of the loud music from the Church's worship band, Prosecuting Attorney Walter Bedell arranged for uniformed police officers to raid the Church and threaten band members with disorderly conduct charges. Another raid ensued the following Sunday and the prosecutor personally conducted surveillance on the church from his parked car. The suit alleges that Waterford Township authorities targeted the Church because of the type of religious music it uses in its services. Meanwhile today's Detroit News reports that a separate lawsuit has been filed by a neighbor of the Church asking an Oakland County Circuit Court to limit the volume levels of the Church's music.

UPDATE: Here is the full text of the complaint in Faith Baptist Church v. Waterford Township. [Thanks to Brian D. Wassom]

Texas Education Commissioner Seeks AG's Opinion On Bible Courses

Yesterday's El Paso (TX) Times reports that Texas Education Commissioner Robert Scott has asked the state's attorney general for an interpretation of a new law that provides for elective high school courses on the Bible's impact on history and literature. (See prior posting.) The opinion request (full text) asks whether schools are required to offer such courses beginning next year, or whether the new law is merely permissive. Scott says the issue is complicated by the fact that the law requires the courses be taught only by teachers who have completed special training. However no funds have been appropriated by the legislature for the development of training materials.

Glendon Says Pope Is Intrigued With US Church-State Arrangements

Time Magazine yesterday reported on its interview with former Harvard Law Professor Mary Ann Glendon, the new U.S. Ambassador to the Holy See. Her immediate concern is coordinating the Pope's itinerary for his visit to the U.S. that begins April 15. Glendon said the Pope is "intrigued" by the way church-state issues are handled in the United States.

Suit Against Teacher For Anti-Christian Remarks Survives Motion To Dismiss

Yesterday's Orange County Register reports that a California federal court judge has refused to dismiss a suit against a Mission Viejo high school history teacher who allegedly made in-class remarks hostile toward religion and toward traditional Christian views on sexuality. (See prior posting.) Student Chad Farnan argues that Capistrano Valley High School teacher James Corbett's remarks violate the Establishment Clause by promoting hostility toward Christianity and "irreligion over religion." Judge James Selna, denying a motion for summary judgment, said that Farnan presented a "plausible case." A trial in the case will likely be held by the end of the year.

Turkish Court Says Another Legal Change Is Needed To End Headscarf Ban

The Danistay, Turkey's top administrative court, ruled Tuesday that YOK, the body that supervises Turkish higher education, moved too quickly in implementing recently adopted Constitutional amendments allowing women students to wear Muslim headscarves at universities. Reuters today reports the court found that a regulation governing YOK still needs to be amended before the ban on headscarves can be ended. It is expected that the government will move to amend the YOK regulation if the Constitutional amendments survive a pending challenge in the Constitutional Court. (See prior posting.)

New Guide To Tax Rules On Political Activity By Non-Profits Issued

The Pew Forum on Religion & Public Life has recently released Politics and the Pulpit 2008: A Guide to the Internal Revenue Code Restrictions on the Political Activity of Religious Organizations. The 23-page report in Question and Answer format is a plain English guide to rules governing political activity by non-profit organizations, including churches and religious organizations. A release by the Pew Forum says the publication is an update of earlier versions.

Audit Shows 2007 Claims and Payouts By Catholic Church In Abuse Cases

The AP reports that last Friday, the United States Conference of Catholic Bishops released the 2007 Annual Report on the Implementation of the Charter for the Protection of Children and Young People (full text of Annual Report). Summarizing some of the findings, the AP says that "in 2007, the number of sex abuse claims against Roman Catholic clergy dropped for the third consecutive year, but total payouts to victims nearly doubled to reach their highest level ever.... Last year, total abuse-related costs, including settlements, legal fees, therapy for victims and support for offenders, surpassed $615 million for dioceses and religious orders." The Annual Report also surveyed and made recommendations regarding compliance with child protection policies.

WA Passes Bill On Prison Chaplains and Moral Guidance for Prisoners

In Washington state, a unanimous vote by the state Senate gave final passage to Senate Bill 6400. As described in a release by its sponsor, the bill directs "the state Department of Corrections to study in-prison programs to help offenders build their moral character." The bill also provides that institutional chaplains appointed by the Department of Corrections "shall not be required to violate the tenets of his or her faith when acting in an ecclesiastical role." This latter provision, according to today's Tacoma News Tribune, is aimed at correcting problems highlighted earlier this year when a Catholic prison chaplain objected to permitting inmates to declare dual religious faiths. (See prior posting.) The bill now goes to the governor for his signature.

Imposition of Proposed Land Use Ordinance Held To Be Covered By RLUIPA

On Friday, a Tennessee federal district court handed down a 44-page decision in Layman Lessons, Inc. v. City of Millersville, Tennessee, (MD TN, March 7, 2008). The facts are described in an ACLJ press release: "Problems arose for Layman Lessons, a Christian ministry formed to aid the homeless and destitute, when it first applied for a use permit for a commercially zoned property in Millersville, a town 17 miles north of Nashville. Shortly after the ministry applied for a permit the city planner, James Lech, issued a letter rejecting the application due to a then-pending ordinance that, if passed, would have limited all religious and non-profit uses on any commercial lot in the city. City Manager Robert Mobley supported Mr. Lech’s recommendation. The effect of these actions was to place Layman Lessons’ application on indefinite hold."

The court ruled that the permit had been wrongly denied to Layman Lessons. In the course of an opinion that dealt with a wide range of issues, the court concluded that a city can be vicariously liable under RLUIPA for the actions of its employees. It went on to hold that the attempted imposition of a proposed ordinance that has not yet been enacted is nevertheless the imposition of a land use regulation under RLUIPA. It found that the initial denial of the occupancy permit imposed a substantial burden on Layman Lessons' exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance. The court awarded Layman Lessons nominal damages and attorneys' fees.

No Free Exercise Violation In Police Refusal To Believe AA Members

Williams v. Savage, (D DC, March 10, 2008), is a case described by the D.C. federal district court as an attempt "to make a federal case out of an ordinary car accident ." A police officer investigating an accident refused to listen to plaintiffs' version of events after learning that they were members of Alcoholics Anonymous. Plaintiffs asserted, among other claims, that this violated their free exercise rights. They argued that they "were discriminated against precisely because they were members of AA, which has been recognized as having a religious status." The court, however, rejected the claim, finding that the alleged discrimination imposed only an "inconsequential burden" on plaintiffs' religious practices.

Court Allows Members To Examine Records of Sikh Temple

Yesterday's Modesto Bee reports that some 50 members of a Livingston, California Sikh Temple have won the right to inspect the Temple's records. Merced County Superior Court Judge Ronald Hansen on Friday denied plaintiffs access to Temple membership lists. However, plaintiffs will be permitted to examine, but not copy, Temple financial records beginning in 2000 and board meeting minutes since the Temple's founding in 1981-- with various limitations to ensure privacy.

California College Rehires Pacifist Teacher

California State University East Bay has reinstated math teacher Marianne Kearney-Brown who was fired last month after she refused to sign a required loyalty oath without modifying it to reflect her pacifist Quaker views. (See prior posting.) Last Saturday's Los Angeles Times reported that the matter was resolved after state Attorney General. Jerry Brown helped draft a statement declaring that the oath to support and defend the constitution does not require an employee to bear arms in the country's defense. [Thanks to Blog from the Capital for the lead.]

Paper Says Obama's Church Indirectly Endorsed Him In Sermons

A front-page article in yesterday's Wall Street Journal suggests that ministers at Barack Obama's Trinity United Church of Christ in Chicago have indirectly endorsed Obama's candidacy in violation of IRS rules for non-profit organizations. The paper says: "A review by The Wall Street Journal of 13 sermons at Trinity seen live or through church-recorded DVDs since late December found nine instances of ministers at Trinity appearing to promote Sen. Obama's candidacy.... Some of the sermons mentioned Sen. Clinton or her husband in unflattering ways.... In some instances, the church's ministers alluded to Sen. Obama without naming him."

Santeria Priest Loses Bid To Sacrifice Animals In City

After a one-day trial yesterday, a Texas federal district judge ruled against a Santeria priest who wanted to sacrifice animals at his home in Euless, Texas. Jose Merced sued after the city refused him a permit to sacrifice animals, saying that the refusal infringes his religious freedom. The city cites prohibitions on animal cruelty, keeping livestock and disposing of animal waste. U.S. District Judge John McBryde, apparently in a ruling from the bench, said that the city has a compelling interest in public health that justified its refusal. The court said that Merced can perform his religious rituals elsewhere. Yesterday's Houston Chronicle reported on these developments. (See prior related posting.)

Cert. To Be Filed In 6th Circuit RLUIPA Case

The Lansing State Journal reports that a petition for certiorari will be filed today in the U.S. Supreme Court seeking review of the 6th Circuit's December decision in Living Water Church of God v. Charter Township of Meridian (see prior posting.) In the case, the 6th Circuit for the first time defined "substantial burden" under RLUIPA in a case challenging a Michigan township's denial of a special use permit to a church that wanted to construct a larger building and school on property it owned.

Survey Finds Most Michigan Localities Open With Christian Prayer

The Grand Rapids (MI) Press has surveyed the practices regarding invocations by local governments in Michigan. An article yesterday says that about 75% open meetings with a prayer, and most of the prayers are overtly Christian. However local procedures vary. So does the definition of non-sectarian prayers. Zeeland (MI) city attorney Jim Donkersloot said his city's invocations are nonsectarian because they are not aimed at persuading someone to embrace a certain belief or join a certain church.