Judge Criticized For Organizing Prayer During Court Hearing

The Mobile, Alabama Press-Register reported Friday that the ACLU is investigating a complaint against state Circuit Judge M. Ashley McKathan over his conduct in a recent case. Jo Ann Snowden, a clerk in the Monroe County Circuit Court’s office, had been secretary of Monroeville’s Morning Star Baptist Church until the minister, with the support of several deacons, removed her. Challenging the validity of their action, Snowden refused to give up possession of the church records. The church filed suit and Snowden counter-claimed. During a conference on the case in his courtroom, Judge McKathan told the parties, as well as spectators and other officials—some 100 people in total—to join hands in a circle while he prayed. At one point, the judge fell to his knees. This is not the first time McKathan has been the subject of criticism. In 2005, he drew attention for wearing judicial robes inscribed with the Ten Commandments to show that biblical law is a foundation of the American legal system. (See prior posting.) McKathan normally presides in Covington County, but was tapped to hear this case when Monroe County Circuit Judge Dawn Hare recused herself.

2nd Circuit Adopts Ministerial Exception In Title VII Racial Discrimination Case

In Rweyemamu v. Cote, (2d Cir., March 21, 2008), the U.S. 2nd Circuit Court of Appeals formally adopted the ministerial exception to claims under Title VII of the 1964 Civil Rights Act, holding that the doctrine is required by the First Amendment. In the case, the Court dismissed a Title VII racial discrimination lawsuit brought by an African-American Catholic priest against his bishop and the Diocese of Norwich, Connecticut. The priest claimed that defendants misapplied canon law in denying him a promotion and in eventually firing him, decisions that he says were racially motivated. An internal church appeal found that there were a number of legitimate grounds for the priest’s dismissal, including complaints about his homilies and about his interaction with parish staff. There was also evidence that his work with a non-profit organization he founded interfered with his full-time parish duties. The Court said that it need not decide the exact scope of the ministerial exception because Father Justinian Rweyemamu’s claim easily falls within it. The Court could not decide his claim without becoming impermissibly entangled with religious doctrine. (See prior related posting.)

Guide To Pope's Upcoming U.S. Visit

In his All Things Catholic column in the National Catholic Reporter this week, John Allen has created a wide-ranging “one –stop shopping guide” Pope Benedict XVI’s upcoming trip to the United States. He says that during the April 15-20 visit “we should get a synthesis of Benedict's thoughts about the world, the role of the United States as the world's ‘lead society,’ relations with other religions and other Christians, and the internal life of the Catholic church. This won't be just another foreign trip, the eighth of Benedict's pontificate; in a sense, it will be his entire papacy in miniature.” [Thanks to Mirror of Justice for the lead.]

Simulcast Will Promote Church-State Separation

On March 26, the Freedom First Foundation (press release) is beaming a simulcast on church-state separation to 37 movie theaters in cities across the nation. (List of locations.) Its goal is to put church-state separation on the 2008 political agenda. Titled “Everything You Always Wanted to Know about the Separation of Church and State … but Were Afraid to Ask”, the show will be emceed by Hollywood actor and film maker Peter Coyote and will feature a number of well-known musicians, actors and other celebrities. Viewers will hear from activists who have been involved in high profile church-state battles.

White House Announces New EEOC Nominee

The White House announced yesterday that the President will nominate Alabama attorney Constance S. Barker to serve as a member of the Equal Employment Opportunity Commission. If confirmed by the Senate, she will fill out a term that expires in 2011. The EEOC enforces laws prohibiting employment discrimination, including Title VII of the 1964 Civil Rights Act that prohibits religious discrimination in hiring, firing, and conditions of employment.

McCain Describes Purim Incorrectly

Today is the Jewish holiday of Purim. Yesterday MSNBC reported that Sen. John McCain, on a Congressional trip to Israel, incorrectly described the holiday as the Jewish version of Halloween. The gaffe came in a news conference after touring the Israeli city of Sderot to view buildings damaged by Hamas rocket fire. McCain said: "As they celebrate their version of Halloween here, they are somewhere close to a 15-second warning, which is the amount of time they have from the time the rocket is launched to get to safety." Sen. Joseph Lieberman traveling with McCain corrected him, saying that it was his fault for commenting to McCain on the two holidays' similarities after he talked to a mother of children dressed in Purim costumes.

Schools Opening On Good Friday Creates Problems

Hillsborough County, Florida schools this year for the first time went onto a calendar that recognizes no religious holidays. School officials are concerned that up to 20% of teachers and school bus drivers will use one of their personal days today to take off for Good Friday-- as well as for a break after two weeks of state testing. This could leave the school system understaffed. Wednesday's St. Petersburg Times reports that county schools will be open from 6 a.m. until 6 p.m. today to accommodate parents who may need to drive their children because of bus drivers who do not come to work. Schools could also combine classes or serve box lunches. Some see the situation differently. School Board member Jennifer Faliero who favors giving teachers Good Friday off said: "What I see ... is Christians uniting. They are fearing that their religion is being overlooked."

Blogswarm For Church-State Separation Is Promoted For Easter Weekend

This Easter weekend, Blog Against Theocracy is publicizing a "blogswarm" to promote separation of church and state. It is asking all bloggers to compose their own posts in support of the Constitutional principle of separation. Links to these posts will then be aggregated at Blog Against Theocracy.

Exclusion of Faith Based Charities From Iowa "One Gift" Program Challenged

An Alliance Defense Fund release reports that on Wednesday, the Association of Faith-Based Organizations filed suit in an Iowa federal district court challenging the exclusion of faith-based organizations from Iowa's "One Gift" program. The program allows state employees to donate by payroll deduction to any of over 400 participating charities. In order to participate an organization must pledge not to discriminate on the basis of religious belief in employment. Any charity "engaged in any way in sectarian activities, including activities aimed at promoting the adoption or defeat of any one or more religious viewpoints" also is ineligible to participate in the program. The complaint (full text) in Association of Faith Based Organizations v. Anderson alleges that the exclusions violate the speech, free exercise and establishment clauses of the First amendment as well as the 14th Amendment's due process clause.

Plaintiff Seeks Recusal of Catholic Judge In Priest Abuse Trial

In Toledo, Ohio, the attorney for plaintiff in a bizarre priest sexual abuse case is seeking voluntary removal of Judge Ruth Franks from the case because she "may not be able to separate her immutable Catholic upbringing from the claims asserted." Yesterday's Toledo Blade reported on the civil case in which an anonymous plaintiff alleges that, beginning in 1968, she was repeatedly raped and tortured in Satanic rituals by abusers wearing nuns' habits . Only after media publicity when Toledo priest Gerald Robinson was arrested for murder in 2004 did plaintiff realize the identity of her abusers. The other alleged abuser, former lay minister Jerry Mazuchowski, says he believes Judge Franks is impartial. He added: "It's news to me that she was a Catholic and I don't think religion enters into this case at all.... The devil's never busier than he is during Holy Week." (See prior related posting.)

UPDATE: In a March 27 opinion, Judge Franks refused to step down from the case. She said the claim that she was raised a Catholic was "erroneous", but even if true the Ohio Supreme Court has ruled that religious affiliation is not cause for a judge's disqualification. (Toledo Blade, 3/28).

Texas AG Says Court Must Resolve Conflicts Between Injunction and New Law

In 1970, a Texas federal district court enjoined the Houston school district from permitting Bible reading or prayer as part of any school practice, ceremony, observance, exercise or routine. In 2007, the Texas legislature passed the Schoolchildrens' Religious Liberties Act (SRLA), also known as the Religious Viewpoints Antidiscrimination Act. (See prior posting.) It requires that students' expression of religious viewpoints must be treated in the same manner as their voluntary expression of a secular or other viewpoint on a permissible subject.

This week in Opinion No. GA-0609, Texas Attorney General Greg Abbott refused the request of the state's education commissioner for a clarification of whether the terms of the 37-year old injunction supersede the provisions of the SRLA. Abbott wrote: "In the present instance, the matter, while not in active litigation, is one that is subject to the continuing jurisdiction of a court. It is for that court to determine whether the SRLA poses any conflict with the court's order." Yesterday's Houston Chronicle reports on the AG's opinion. [Thanks to Blog from the Capital for the lead.]

Freedom of Religion In India Becomes Issue This Week

Religious freedom in India has been the focus in two areas this week. United Nations Human Rights Council Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, held a press conference yesterday (full text) at the conclusion of her 17-day visit to the country. A U.N. press release summarized her conclusions: "India faces a real risk of deadly communal violence erupting again unless much more is done to deter religious hatred and prevent the political exploitation of existing tensions...."

Meanwhile, in the state of Rajasthan, the Assembly has again voted in favor of an anti-conversion law similar to the one it passed in 2006. The governor refused to sign that earlier bill and eventually forwarded it to the president of India for consideration, as permitted by India's Constitution (Secs. 200- 201). The bill is still pending with the President-- who is now the governor who originally refused to sign. IBN yesterday reported that the new bill requires at least one month advance approval from the District Collector before anyone may change religions.

Does Church Flag At Town Council Create Establishment Problem?

The Kirkersville, Ohio Village Council holds meetings in a building that was formerly a church. Crossway Community Church still rents space to hold services in the building. This week's edition of the Buckeye Lake Beacon reports that a former Village Council member criticized Council for failing to remove the church's flag after the church finished using the room. The church flag remained next to the Council bench throughout a recent Council meeting. The criticism, apparently on church-state grounds, seemed to be part of ongoing tensions between former Council member Debbie Seymour and other officials.

Abuse Victim Loses Case on Limitations, Scope of Employment Determinations

In Schmidt v. Archdiocese of Portland in Oregon, (OR Ct. App., March 19, 2008), an Oregon state appellate court in a 2-1 decision held that one Catholic priest's conduct did not amount to "child abuse" so that an extended statute of limitations did not apply. The priest was accused of masturbating one time in the presence of plaintiff who was then a high school freshman. The court also, this time unanimously, decided that another (now deceased) priest's conduct was not in the scope of his employment so that his abbey and archdiocese are not vicariously liable for his actions. The priest encountered plaintiff (then 7 or 8 years old) after he fell while roller skating on the sidewalk. He helped plaintiff up, took him to the basement of the nearby church, and ultimately assaulted him sexually. While the priest was fulfilling a pastor's role in initially helping plaintiff, the court said there was no evidence that this was part of the priest's particular employment duties in the parish. Today's Oregonian reports on the decision.

Suit Threatened Over Who Can Use City Space For National Day of Prayer

In Plano, Texas, City Council faces a possible lawsuit over who gets to use Council Chambers for this year's May 1 National Day of Prayer event. Today's Dallas Morning News reports that Roy Frady of Plano's WillowCreek Fellowship Church has been frozen out. In past years, his group of mostly Christian pastors has reserved council chambers for the prayer event. A city rule allows groups to book the chamber up to 90 days in advance of an event, as long as the city does not have a conflicting need for the room. In recent years another multi-faith group has been first to reserve the space. This year, Frady thought he was first to book, but found that a new group, the Multicultural Outreach Roundtable-- which is appointed by city council as an official committee-- already had a multi-faith prayer event scheduled for May 1. By designating MCOR's event as an official city function, this exempted it from the 90-day rule. Frady says that this maneuver, allowing the city's favored group book early, has violated the Establishment Clause by favoring one expression of religion over another. Frady, represented by the Liberty Legal Institute (press release), has given the city until Wednesday to respond to his letter (full text) objecting to the city's actions.

Saudi Arabia Revises Controversial Textbooks

Today's Yemen Times reports that Saudi Arabia has reacted to widespread criticism of the textbooks used in its schools. After 9-11, critics contended that Saudi textbooks furthered a militant Islamist approach and glorified violence against Jews. Now the Saudi education ministry has issued new books, and made them fully available on the Internet. They still focus heavily on Islam and teach children they must reject all other religions. They reject secular pan-Arabism and promote global Muslim solidarity. The curriculum contains almost no world history other than the history of Islam. However the new books are significantly more modern than the older ones. There is no incitement against Shiites and a significant reduction in the anti-Jewish, anti-Zionist content.

New Bin Laden Message Focuses On European Publication of Muhammad Drawings

Yesterday, a new message from Osama bin Laden was released on a militant website that has carried his statements in the past. It coincided with the fifth anniversary of the beginning of the war in Iraq. This time the message focused on "insulting drawings" of the Prophet Muhammad that were first published in a Danish newspaper, and then elsewhere. The AP, CNS News and Al Jazeera all cover the story. The full text of the message (English translation) is available from the NEFA website.

In his message, bin Laden threatens Europe over the drawings, saying that their publication is a more serious matter than the bombing of "modest mud villages which have collapsed onto our women and children." He says that publication of the drawings "came in the framework of a new Crusade in which the Pope and the Vatican has played a large, lengthy role." He also charges that King Abdullah of Saudi Arabia could have put an end tho the publishing of the cartoons if he had wanted to exert his influence. Bin Laden rejects European reliance on freedom of speech to justify publication of the Muhammad drawings, pointing to laws in various European countries banning Holocaust denial, or, as he phrases it, laws that "suppress the freedom of those who cast doubt on the statistics of an historical event."

4th Circuit Panel Hears City Council Prayer Arguments-- O'Connor on Panel

Yesterday the U.S. 4th Circuit Court of Appeals heard oral arguments in Turner v. City Council of the City of Fredericksburg. The district court in its decision (full text) dismissed the claim by city council member Hashmel Turner that his First Amendment rights were violated when he was not permitted to offer a specifically Christian opening prayer at Fredricksburg (VA) city council meetings. Council policy required invocations to be nonsectarian. (See prior posting.) The Hampton Roads (VA) Daily Press and the Fredricksburg Free Lance-Star report that the 4th Circuit panel hearing oral arguments included retired U.S. Supreme Court Justice Sandra Day O'Connor. Turner's attorney urged the court to hold that Turner's prayers at the beginning of council meetings should be considered private speech protected by the First Amendment, not speech on behalf of the government. He also argued that: "The mere use of the word Jesus isn't itself a denominational term. It encompasses many denominations." The Daily Press reports that "O'Connor called the case black and white in favor of the city."

Challenge To Illinois Moment of Silence Law Becomes Class Action

Last November, an Illinois federal district court issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior posting.) Now according to yesterday's Chicago Tribune, federal district Judge Robert Gettleman has agreed that the suit may be converted into a class action against school districts around the state on behalf of students statewide. However the court still must determine the best way to notify school districts of the expansion of the lawsuit. Judge Gettleman, while expressing concern about the vagueness of the challenged law, has not yet decided the case on the merits. Nor has he so far extended his preliminary injunction to other school districts. The AP, also reporting on the case said that Judge Gettleman indicated he had hoped that the legislature would have acted by now to fix problems with the law.

Defamation Claim Against Priest Dismissed; Emotional Distress Claim Can Go On

A McHenry County, Illinois trial court judge has dismissed a defamation claim brought against Catholic priest Luis Alfredo Rios by Angel Llavona, one of his parishioners, according to yesterday's Chicago Daily Herald. Llavona alleged that the priest's criticism of his work with the church's religious education program harmed his reputation as a teacher at Maine West High School in Des Plaines. (See prior posting.) Judge Maureen McIntyre said deciding that portion of the complaint would improperly involve the court in evaluating the church's teachings and rules. However, the court allowed Llavona to proceed with his claim of intentional infliction of emotional distress. In so holding, the court rejected arguments by Rios' lawyer that the Establishment Clause precludes the court from passing on statements made by clergy during religious services. Judge McIntyre said that the claim could be adjudicated without passing on church practices, dogma or theology.