California Court Grants Rehearing In Home School Case

Yesterday's San Francisco Chronicle reports that California's Second District Court of Appeal has granted a rehearing in In re Rachel L., a case that rejected a claim by parents that they have a First Amendment free exercise right to home school their children. (See prior posting.) Under the court's original ruling, home school parents must file to be a small, private school and hire a credentialed tutor. (See prior posting.) In the case, the parents argued unsuccessfully that they are in compliance with state law because a private religious academy considers the children enrolled in its independent study program and visits them four times per year.

UPDATE: In an expanded order, the Second District Court of Appeals has asked the California Superintendent of Public Instruction, the State Board of Education, the Los Angeles school district, the California Teachers Association and the Los Angeles teachers' union to all express their opinions on homeschooling as the court reconsiders its decision. (World Net Daily, 3/27).

British Prime Minister Backs Off Proposed Repeal of Act of Settlement

Today's London Telegraph reports that British Prime Minister Gordon Brown is having second thoughts about a proposal he intended to make-- repealing the 1701 Act of Settlement. The ancient law requires the monarch to be in communion with the Church of England and prohibits the monarch from embracing Catholicism or marrying a Catholic. Originally intended to entrench the concept of constitutional monarchy, the law is now seen as an insult to Catholics. It is reported that the Queen had given her approval to repeal of the law, but then experts found that the legal issues were more complicated than they first appeared. The monarch is also the head of the Anglican Church, a position that could not be held by a Catholic monarch. So repeal would likely lead to disestablishment of the Church of England. Also the 16 Commonwealth countries would have to agree, since the Queen is also formally head of state of those nations. The 1707 Act of Union would also need to be amended and special legislation on the rights of the House of Windsor would be required.

Texas Board of Education Poised To Adopt Bible Course Curriculum Standards

The Austin (TX) American-Statesman reports that the Texas State Board of Education could give preliminary approval as early as this week to new standards for elective high school courses on the Old and New Testaments' Impact on History and Literature of Western Civilization. The proposed curriculum requirements (full text) provide that the purpose of any such course is to: "teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy." The course is also intended to familiarize students with the contents, history and literary style and structure of the Hebrew Scriptures or of the New Testament. It should also examine their influence on law, history, government, literature, art, music, customs, morals, values, and culture.

The new standards implement 2007 legislation authorizing such courses. (See prior posting.) Critics however say the Board of Education's proposals are similar to those in place before the new law under which a number of Texas districts were already offering Bible courses. They say guidelines should focus more on First Amendment concerns. SMU professor Mark Chancey found that 22 out of 25 Bible courses offered in Texas public schools in 2005-2006 likely violated the First Amendment based on criteria in various federal court rulings.

UPDATE: On Friday, by a vote of 13-2, the Texas State Board of Education approved the guidelines for high school Bible courses. However it put off adopting more specific curriculum content requirements until the Texas Attorney General rules whether the courses must be offered by all high schools. (Dallas Morning News.)

Court Says Dissident Church's Property Belongs To Long Island Episcopal Diocese

Episcopal News Service reported yesterday that a Queens County, New York trial court has ruled that the property of the breakaway St. James' Episcopal Church in Elmhurst is held in trust for the Diocese of Long Island. In 2005, a majority of St. James' members voted to affiliate with the more conservative Anglican Church in America. The breakaway members had sued claiming entitlement to Church property because the parish was created by the Church of England before the Episcopal Church came into existence. The court ruled, however, that St. James became an Episcopal parish after the American Revolution.

Court Rejects First Amendment Defense To Title VII and Defamation Claims

In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 23193 (D NE, March 24, 2008), a Nebraska federal district court rejected First Amendment defenses and permitted a Catholic assistant pastor to proceed with a Title VII claim against the Archdiocese of Omaha, and defamation claims against the Archdiocese as well as the pastor and archbishop involved. Ernest Ogugua claimed that he was reassigned to another church because of his race, his national origin, and his refusal to submit to sexual harassment by a supervisor. Distinguishing an earlier 8th Circuit decision, the court concluded that it would not dismiss Ogugua's Title VII claim on jurisdictional grounds, but instead permit him to file an answer in order to determine whether it can adjudicate the claim without entangling the court in matters of religion. It did dismiss the claim against his supervisors since they were not his employer for Title VII purposes.

After Ogugua was transferred, the archbishop sent an e-mail to parishioners stating that Ogugua was reassigned due to "serious concerns" that arose. The court here also rejected a First Amendment defense and permitted Ogugua to proceed with his defamation claim against all the defendants. Nothing in the e-mail indicated that the concerns with which Ogugua was charged were ecclesiastical in nature.

Home Schooling Among Muslim Families Is Growing, But Controversial

In a story from Lodi, California today, the New York Times reports on the trend among Pakistani and other southeast Asian families to home school girls when they reach high school age. Reasons include prejudice encountered in public schools and clashes with religious and cultural traditions. In the Lodi district, 38 out of 90 high school girls, but only 7 out of 107 boys, from Pakistani and southeast Asian families are being home schooled. Many Pakistani Muslim families in Lodi are attempting to recreate their traditional conservative social culture. On a smaller scale across the country, home schooling is an option chosen by some Muslim families though the choice is a controversial one among Muslims. One California mother home schooling her children said that home school parents tend to be converts to Islam. Immigrant parents, she said, more often want American public school educational opportunities for their children.

Court Upholds Reprimand of Pharmacist Who Refused To Fill Prescription

In Noesen v. State of Wisconsin Dept. of Regulation & Licensing, (WI Ct. App., March 25, 2008), a Wisconsin state appellate court upheld the state Pharmacy Examining Board’s decision reprimanding a pharmacist who refused, on religious grounds, to fill or transfer a customer's prescription for oral contraceptives. The court rejected pharmacist Neil Noesen's argument that his right of conscience, protected by the Wisconsin Constitution (Art. I, Sec. 18), was infringed. The condition imposed by the Pharmacy Board for Noesen's violation of the required standard of care merely required Noesen, who works through a pharmacist placement agency, to make his religious objections known to his employer before he begins at any pharmacy. The court said that this will facilitate rather than burden Noesen's ability to exercise his conscientious objection. AP yesterday reported on the court's decision.

Saudi's King Abdullah Wants Interfaith Dialogue

King Abdullah of Saudi Arabia has for the first time proposed a dialogue between Christianity, Judaism and Islam. Yesterday's London Times reports that the king, following up on his November trip to the Vatican, made his announcement at a forum in Riyadh. Expressing concern over the disintegration of families and the rise of atheism around the world, he said: "If God wills it, we will then meet with our brothers from other religions, including those of the Torah and the Gospel to come up with ways to safeguard humanity."

9th Circuit Holds Segregated Inmates Must Still Get Access To Religious Services

In Pierce v. County of Orange, (9th Cir., March 24, 2008), the U.S. 9th Circuit Court of Appeals ruled that Orange County (CA) jails are systematically denying inmates in administrative segregation access to religious services in violation of their First Amendment rights. It held that"a detainee’s placement in administrative segregation does not, standing alone, justify a complete denial of opportunities to practice religion." The court found that a previously issued injunction requiring that inmates in administrative segregation be given once-per-week access to scheduled religious services, a chapel visit or a meeting with a religious adviser should continue to be enforced. The holding was part of a lengthy opinion in a class action lawsuit that also challenged other jail conditions. Reporting on the decision yesterday, the Orange County Register said that most of the jail inmates in administrative segregation are those charged with sex crimes.

Dali Lama's Threat Could Separate Religion and State In Tibet

Today's Los Angeles Times explores the church-state implications of the Dali Lama's threat last week to resign over violence in Tibet. (Time 3/18). The threat, according to a top aide of the leader, is to resign only as head of state. This would for the first time break Tibetan Buddhism's centuries-old tradition of uniting in one person the religious and political leader. The move might however permit the Dali Lama to select his own successor, thereby undermining the legitimacy of anyone chosen by the Chinese government which formally has the final authority in choosing high lamas and their reincarnations. Meanwhile, according to the AP, China's Public Security Minister Meng Jianzhu has announced that "patriotic education" classes at Tibetan monasteries will be expanded. Under threat of jail, monks and nuns are forced into these sessions at which they are required to make ritual denouncements the Dalai Lama and proclaim their loyalty to the Chinese government in Beijing.

Clinton Says Obama Should Have Left His Church Over Pastor's Remarks

Hillary Clinton yesterday said she had a different view than does Barack Obama on how Obama should have reacted to controversial statements by his long-time pastor, Rev. Jeremiah Wright. CNN reported on Clinton's statements. Suggesting that Obama's speech last week was an insufficient response to the controversial clergyman, Clinton in a news conference said: "I think given all we have heard and seen, he would not have been my pastor." And in remarks during an interview, she stated: "You don't choose your family, but you choose what church you want to attend."

Algeria Closes Protestant Churches That Lack Permits

The Christian Post reported yesterday that Algeria has apparently begun for the first time to enforce a 2006 law that requires non-Muslim congregations to obtain a permit from their regional prefecture before holding religious services. Thirteen Protestant churches have been closed down since November by government order, though no official reason has been given for the action. Pastor Mustapha Krim, president of the Protestant Church of Algeria, has made a formal request to government officials for an explanation of the closings.

Muslim NYPD Officer's Discrimination Suit Survives Dismissal Motion

Yesterday's BNA E-Commerce Law Daily reports on last month's decision in John Doe Anti-Terrorism Officer v. City of New York, (SDNY Feb. 6, 2008). In the decision, a New York federal district court denied a motion to dismiss hostile work environment claims brought by a Muslim Arab-American law enforcement officer against Bruce Tefft, a counter terrorism advisor hired by the New York City Police Department. Tefft for over three years sent his colleagues in the Intelligence Division and his NYPD supervisors discriminatory anti-Muslim and anti-Arab e-mail briefings. Plaintiff was ordered to receive these briefings as part of his duties with the NYPD's Intelligence Division. Tefft also directly stated to Plaintiff's colleagues that they should not trust any Muslim in law enforcement. Plaintiff's supervisors ignored his complaints about the harassment.

The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)

The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.

Saudis, Germany Try New Approaches To Encourage Development of Moderate Islam

Two developments reported yesterday illustrate innovative attempts by governments around the world to press Muslims for ideological change in the direction of moderation. UPI reported that the Saudi Arabian government is beginning a program to retrain 40,000 Islamic clerics in a "culture of dialogue … centrism and moderation." King Abdulaziz Center for National Dialogue "in cooperation with" the Ministry of Islamic Affairs will be conducting the training.

Meanwhile, Reuters reported yesterday that in the German states of North Rhine Westphalia and Hamburg, officials are using a new comic strip to encourage young people to adopt a moderate mainstream version of Islam. A new comic adventure, distributed to every secondary school in North Rhine Westphalia, features schoolboy hero Andi. In it, his girlfriend Ayshe and her brother Murat fall under the influence of a radical friend and an Islamic extremist preaching hate. This is part of a broader attempt to use pop culture figures to prevent young people from being drawn into radical Islamist groups.

British Teachers Union Proposes Single System of Multi-Faith Schools

Britan's National Union of Teachers meeting at its 2008 Annual Conference has proposed a dramatic restructuring of the British school system that would eliminate separate state-supported faith schools and replace them with a single school system that would offer children a choice of religious instruction in any of a number of faiths, or a choice of no religious instruction. Separate prayer facilities for each faith would be made available inside schools. Holiday observances and religious jewelry and headscarves would be accommodated. Today's London Guardian and the Daily Express report that under the plan, all schools would become practicing multi-faith institutions. Preferential admissions to any school on the basis of belief would be eliminated.

The plan was developed after research indicated that faith schools were creating social, ethnic and religious segregation. Opposition to the proposal immediately surfaced from Conservative Party MP's, secularists and the Church of England. Muslim and Jewish spokesmen had a mixed response.

Christians In Cayman Islands Express Concern Over Bill of Rights Proposal

In the Cayman Islands, the Government has proposed a Bill of Rights for the country. Cayman Compass reported yesterday however that there is growing concern over the impact of the proposal on the country's traditional Christian heritage. Human Rights Committee deputy chair, Vaughan Carter, responding to those concerns, said last week that "Human rights principles and the inclusion of rights of religion for all people do not prohibit the recognition of Christmas, the [right for schools to hold] nativity plays or for aspects of Christianity to happen in schools." He said the government is not proposing U.S.-style separation of church and state. He also said that the definition of marriage should not be in the Constitution, but instead left to religious groups. The HRC is expected to release its position on the Government’s proposal later this week. Earlier this month, over a dozen Cayman clergy attended a meeting called by the United Democratic Party to express their concern over the Bill of Rights proposal. (Cayman Compass, March 11).

Catholic Opposition To Embryo Research Bill In Britain

The London Daily Mail reports today that British Prime Minister Gordon Brown is facing a rebellion by 12 Catholic members of Commons, including three cabinet members, over the government's proposed law on embryo research. Catholic Church leaders have particularly criticized provisions that would permit the laboratory combination of animal eggs and human DNA, would allow lesbian couples to register as parents, and would permit the creation of genetically selected "saviour" siblings who could be donors for medical treatment of their brothers or sisters. The Government may be forced to allow Labour MPs to vote their conscience on the bill. Votes of Conservative and Liberal Democrat MPs may be necessary to get it passed. Tory leader David Cameron supports the bill-- his son was born with a neurological disease. Supporters accuse Catholic leaders of misleading the public about what is in the bill. [Thanks to Scott Mange for the lead.]

New Online Resource-- "Religion Dispatches"

A new online resource on religion, values and public life made its debut last month--it is titled Religion Dispatches. With a half dozen collaborating academic institutions, a distinguished advisory council and a four-person staff, the site features articles, a blog, links to current news articles and other features. Here is how it describes its mission: "The goal of RD is to inform public debate by analyzing and critically engaging the role of religion and values on the most vital issues of our time. This will involve bringing a wider spectrum of perspectives into the conversation, especially voices that have been marginalized in most media, and increasing attention to progressive expressions of religion and values." A link to Religion Dispatches is now on the Religion Clause sidebar under "Resources".

First Nation Says Canadian Officials Violated Religious Rights By Dousing Fire

In Thunder Bay, Ontario last week, a judge sentenced the Chief and six Council members of one of Canada's First Nations, the Kitchenuhmaykoosib Inninuwug (KI), to six months in jail for contempt of court. The conviction grew out of their staging a demonstration to block a mining company from access to Big Trout Lake, access which had been granted to the company by a court order. (Anishinabek Nation press release, 3/17). Yesterday the situation escalated into a religious freedom dispute. The Exchange Morning Post reports that First Nation supporters of the arrested leaders showed up outside the Thunder Bay jail where they are held and lit a Sacred Fire in their support. The Police and Fire Marshall's office extinguished the fire. Now the KI are claiming that this was suppression of a First Nation traditional spiritual ceremony in violation of Canada's Charter of Rights and Freedoms.

Repeat Defendant Sentenced To Attend Church

The Quad City Times and Quad Cities Online report that in Davenport, Iowa last Wednesday, Scott County Associate Court Judge Christine Dalton sentenced Pachina Tehran Hill, as part of his probation, to attend the men's counseling program at Third Missionary Baptist Church in Davenport and to attend church services there for eight consecutive weeks. Easter services yesterday was the first mandatory service. Hill's attorney proposed the counseling alternative, and prosecutor Marc Gellerman requested that the church attendance requirement be added. Hill agreed. Rogers Kirk, pastor at Third Missionary Baptist, will report to the court on Hill's progress in the program. Hill has been arrested more than 60 times and has been in and out of jail since he was 14. The latest sentence grows out of a prosecution on a number of charges after police tried to stop Hill for traffic violations. He led them on a chase from Rock Island to Davenport, where he stopped his car and tried to flee on foot. At the time he was already on probation for similar violations.