Cert. Denied In 1964 Civil Rights Act Religious Exemption Case

Yesterday the U.S. Supreme court denied certiorari in LeBoon v. Lancaster Jewish Community Center, (Case No. 97-943) (Order list.) In the case, the U.S. 3rd Circuit Court of Appeals, in a 2-1 decision, had held that the Lancaster, Pennsylvania Jewish Community Center was entitled to the religious institutions exemption in the 1964 Civil Rights Act even though it was not under the control of a synagogue. (See prior posting.)

Court Refuses To Overrule Diocese Decision to Close Church

According to an article in last Friday's Toledo Blade, a Seneca County, Ohio trial court judge has refused to overrule the decision of the Diocese of Toledo made two years ago to close the former St. James Catholic Church in rural Seneca County. Judge Michael Kelbley wrote: "The decision of Bishop Leonard Blair to close a parish in the present case was the sort of purely ecclesiastical decision that may not be reviewed by this or any court." Ex-parishioners say they plan an appeal. Meanwhile, an April 30 hearing is scheduled to decide who is entitled to personal property, such as church members' guitars and a CD player, that was locked inside the church building when it was closed. The parties hope they can resolve this matter before the scheduled hearing date.

DC Circuit Hears Oral Argments In Case On White House Logs of Pastors' Visits

The D.C. Circuit Court of Appeals yesterday heard oral arguments in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security. In the case, a federal district court held that the Secret Service had to release records of visits to the White House and to Vice President Dick Cheney's residence by nine prominent conservative Christian leaders. The records were sought by a watchdog group seeking to show the influence of religious leaders on Bush administration policies. (See prior posting.) The AP reports that in yesterday's Court of Appeals arguments, judges pressed the parties for suggested compromises between secrecy and he President's right to confidential advice. Many of the pleadings and other documents in the case are available from the CREW website.

Court Refuses To Order Church Election For Pastor

In Worcester, Massachusetts last week, a state trial court judge refused to issue a preliminary injunction requiring the Second Baptist Church to schedule an election on the nomination of Rev. Thurman A. Hargrove as the church's pastor. Earlier this year the court refused to issue a preliminary injunction to prevent the dismissal of the 79-year old Hargrove who had been serving as pastor. The latest claim grew out of an attempt by one of Hargrove's supporters to get him reinstated by nominating him under the church's bylaws. The court said that a review of the bylaws failed to support Hargrove's claim that an election was required. It also noted that the First Amendment limits the circumstances under which it can intervene in church affairs. Last Friday's Worcester Telegram & Gazette reports on the decision.

EU Will Not Press Claim Against Ireland's Employment Law Exemptions

According to Sunday's Dublin Independent, the president of the European Union Commission has announced that the EU will not pursue a case against Ireland's religious organizations exemption from its equal opportunity laws. Earlier this year, European Commissioner for Employment, Social Affairs and Equal Opportunities, Vladimír Špidla, had issued "reasoned opinions"-- the second step in the enforcement process-- against 10 EU states, including Ireland, for failing to properly implement the EU's Employment Directive. (ESAEO Press Release). The EU had charged that Ireland's Equality Acts 2000-2004 created too broad an exemption from the EU directive's ban on religious discrimination. The EU had particularly objected to the provision in Irish law permitting a religious organization to reject applicants who could harm the organization's religious ethos. (CI News, Feb. 22, 2008) Apparently the EUs decision not to proceed with enforcement is an attempt to assuage Irish feelings before a crucial referendum on the Treaty of Lisbon. [Thanks to Scott Mange for the lead.]

New York Episcopal Diocese Sues Break-Away Congregation Over Property

In another of the numerous disputes between the Episcopal Church USA and break-away congregations, last week the Episcopal Diocese of Central New York filed suit against the Church of the Good Shepherd in Binghamton. Episcopal News Service reports that last November, the congregation voted to reaffiliate with the Anglican Church of Kenya. Central New York Bishop Gladstone "Skip" Adams had offered the congregation use of its current facilities for one year while it sought a new location. When that was rejected, the Diocese sued for an accounting of real and personal property which it says are held in trust for the Episcopal Church and the Diocese.

Politicians Send Passover Greetings

As the Jewish festival of Passover began last week, not only did Jews in the U.S. and around the world receive the traditional well wishes of the U.S. President (full text of President's April 18 Message), but they also received greetings from Presidential candidates Hillary Clinton (full text), Barack Obama (full text) and John McCain (full text). New York Times columnist William Kristol today analyzes the seemingly routine Passover statements from the three Presidential contenders, finding differences in emphasis among them. He writes: "So if Clinton’s Passover message is liberal, and Obama’s is multicultural, one might call McCain’s Zionist."

FLDS Children Remain In Custody As Legal Issues Swirl Around Them

On Friday, Texas District Judge Barbara L. Walther ruled that the 416 children taken from the compound of the FLDS sect in Eldorado, Texas (see prior posting) would remain in state custody, at least for now. She also ordered DNA paternity testing for all the children. (Ft. Worth Star Telegram.) Sunday's Los Angeles Times says that an individual hearings on each child's status will be held by June 5, using judges from around the state. It also reports on the quick response of the Texas bar to the legal needs of the parties:

At the beginning of last week, mass e-mails were sent out to attorneys appealing for volunteers. There was a run on paper as court officials sought to make thousands of copies so each attorney would have all of the filings. A 3 1/2 -hour training session was set up in a local bank to train attorneys on family code laws. As attorneys from across the state signed up to offer their services for free, hotels booked up in the college town of San Angelo. E-mails went out appealing for locals to offer spare rooms, sofas and cots.

Sunday's Salt Lake Tribune says that the breadth of the court's custody ruling may set the stage for a constitutional test of the ban on polygamy. Meanwhile today's Christian Science Monitor discusses the unusual public relations campaign undertaken by the FLDS women who are attempting to regain custody of their children.

Indonesia Says It Will Dissolve Deviant Muslim Sect

Last week the government of Indonesia announced it would issue a joint decree to outlaw Ahmadiyah sect. The move followed a recommendation by the Coordinating Board for Monitoring Mystical Beliefs in Society (Bakor Pakem). It said Ahmadiyah had not committed to a declaration it signed in January acknowledging mainstream Islamic teachings and renouncing the sect's "deviant" beliefs. Particularly at issue in the Ahmadiyah belief that Mirza Gulam Ahmad, not Muhammad, is the last prophet in Islam. The Jakarta Post reported that on Sunday several thousand Muslim hard-liners staged a rally urging the government to move ahead with its ban. One rally leader told the crowd: "Ahmadiyah members have violated our human rights by disturbing our practice of Islam! They are trying to poison our minds with this new prophet nonsense." A number of moderate clerics, however, oppose the government's plan. Also the Ahmadiyya Muslim Community Canada has issued a statement strongly condemning of the Indonesian government's plans. The statement said: "History has shown that where religious extremists are appeased, eventually, the erosion of constitutional freedoms inevitably results."

UPDATE: In a move against another "deviant" Islamic sect, on Wednesday an Indonesian court sentenced Ahmad Mushaddeq to four years in prison for blasphemous acts. The AP reports that in 2000 Mushaddeq formed the Al-Qiyadah Al-Islamiyah sect that, at its height, had 40,000 followers.

UPDATE: On April 28, Reuters reorted that hundreds of hardline Indonesian Muslims attacked and burnt an Ahmadiyya mosque in West Java after the mosque failed to remove a signboard.

Freethinkers Sue Fargo Over Refusal To Pemit Monument Near City Hall

In Fargo, North Dakota last Friday, the Red River Freethinkers filed a federal lawsuit alleging that the city of Fargo violated their constitutional rights when it refused to permit the Freethinkers to place their own monument near a 10 Commandments monument that has been on City Hall mall since 1961. (See prior posting.) The Freethinkers want to put up a monument reading "The government of the United States of America is not in any sense founded on the Christian religion." Also at issue in the lawsuit is an initiated measure adopted by Fargo City Commission that prohibits the city from removing monuments-- like the 10 Commandments-- that have stood on city property for 40 years or more. A series of article in the Fargo Forum over the last few days discuss the new lawsuit filed in federal court alleging freedom of expression and Establishment Clause violations. (1, 2, 3, 4.)

Pope Addresses United Nations-- Focuses On Human Rights

Pope Benedict XVI this morning addressed the United Nations General Assembly in New York Beginning hs speech in French, he continued in English. (Full text.) A significant portion of his remarks focused on human rights issues as Benedict noted that this year marks the 60th anniversary of the Universal Declaration of Human Rights. The Pope said in part:

Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian - a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer. The activity of the United Nations in recent years has ensured that public debate gives space to viewpoints inspired by a religious vision in all its dimensions, including ritual, worship, education, dissemination of information and the freedom to profess and choose religion.

It is inconceivable, then, that believers should have to suppress a part of themselves - their faith - in order to be active citizens. It should never be necessary to deny God in order to enjoy one's rights. The rights associated with religion are all the more in need of protection if they are considered to clash with a prevailing secular ideology or with majority religious positions of an exclusive nature. The full guarantee of religious liberty cannot be limited to the free exercise of worship, but has to give due consideration to the public dimension of religion, and hence to the possibility of believers playing their part in building the social order.

The Washington Post reports on the Pope's s address and also links to a video of his speech to the General Assembly. In separate remarks (full text), the Pope gave special thanks to the administrative staff and employee of the United Nations for their ongoing work.

Passover Begins Tomorrow Night; Court Upholds Passover Food Limits At Federal Prison

The Jewish festival of Passover begins tomorrow evening. On Wednesday, just in time for the holiday, a Connecticut federal district court dismissed a challenge by Agnes Kole, a Jewish inmate at Danbury federal prison, to the reduced number of kosher for Passover items available for inmates to purchase this year. In Kole v. Lappin, (D CT, April 16, 2008), the court held that since 3 adequate kosher for Passover meals per day are furnished to plaintiff, she has not shown that her religious exercise is burdened by the limit on additional items available from the Commissary. The court also rejected plaintiff's retaliation and equal protection claims. Yesterday's Connecticut Post, reporting on the decision, quoted Kole's attorney who said: "It's too bad prison officials are being so hard-headed about this."

DC Circuit Affirms Dismissal of Navy Chaplain's RFRA Claim

In Klingenschmitt v. Winter, (DC Cir., April 14, 2008), the D.C. Circuit Court of Appeals affirmed the dismissal of a lawsuit filed by Navy chaplain Gordon Klingenschmitt. After the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, Klingenschmitt resigned. The court said that because the Navy's initiation of separation proceedings against Klingenschmitt was mandatory when he lost his original endorsement, the proceedings could not have been motivated by retaliatory animus. And since Klingenschmitt is no longer a chaplain, he lacks standing to seek injunctive or declaratory relief as to his complaint that Navy regulation of his religious expression was contrary to the Religious Freedom Restoration Act. (See prior related posting.)

President Speaks At National Catholic Prayer Breakfast

President Bush this morning attended the National Catholic Prayer Breakfast at the Washington Hilton Hotel, along with a number of members of Congress, Chief Justice John Roberts, Solicitor General Paul Clement and others. His remarks (full text) focused on a number of issues of concern to U.S. Catholics-- the Pope's visit, the Bush administration's anti-abortion policies, his faith-based initiative and proposals to strengthen inner-city Catholic schools. He praised the social service work of Catholic agencies in the U.S. and abroad. President Bush also announced that next week there will be a White House Summit on Inner-City Children and Faith-Based Schools.

Priest Sexual Abuse Victims Win Court Decision; Meet With Pope

Victims of sexual abuse by Catholic clergy won two rather different kinds of victories this week. In Delaware, a court upheld a the state's Child Victim Act against state and federal constitutional challenges. The 2007 law eliminated the statute of limitations in civil damage actions alleging sexual abuse of a minor, and also created a two-year window during which previously barred suits can be brought. In Whitwell v. Archmere Academy, Inc., (DE Super. Ct., April 16, 2008), a state trial court rejected a challenge to the two-year window, holding that "the resurrection of time barred civil remedies does not violate due process." Plaintiff in the case alleged that in the 1980's he suffered 33 months of continuous sexual abuse by a teacher and campus minister at Archmere. Yesterday's Wilmington News Journal reported on the decision.

Meanwhile, in Washington, DC yesterday, Pope Benedict XVI met with five clergy sexual abuse victims. Yesterday's Boston Globe reports on the private meeting that was facilitated by Boston's Cardinal Sean P. O'Malley.

British Spiritual Healers Object To Coverage By EU Directive

In Britain, the Spiritual Workers' Association is objecting to plans to subject them to European Union's Unfair Commercial Practices Directive. Today's London Telegraph reports that as of May 26, Britain's Fraudulent Mediums Act 1951 will be replaced by the EU directive. Mediums, psychics, tarot card readers and spiritual healers say this turns the religion of spiritualism into a consumer product. Under the new law, the burden of proof will be shifted so spiritual healers will be required to show that they did not intend to mislead or coerce consumers.

Pope Visits With Leaders of Other U.S. Religions

Yesterday evening, Pope Benedict XVI met with Muslim, Jewish, Hindu, and Buddhist religious leaders in Washington, DC. The Washington Times reports that the religious leaders as a group presented the Pope with gifts, and then split off for separate meetings with him. In his remarks to the group of leaders (full text), Benedict emphasized the importance of religious freedom and interreligious dialogue. In separate remarks to Jewish leaders (full text), the Pope extended special greetings for the festival of Passover that begins tonight. Today in New York, the Pope is scheduled to visit Manhattan's Park East Synagogue. ABC News reports that Benedict, who as a German teenager was required to join the Hitler Youth, will shake hands at the synagogue with Holocaust survivor Rabbi Arthur Schneier.

Court Rejects Ministerial Exception Defense Raised By Catholic School

In Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Ct. App., April 17, 2008), a Wisconsin state court of appeals held that the "ministerial exception" does not preclude a first-grade teacher at a Catholic elementary school from bringing an age discrimination case. While the First Amendment precludes adjudication of claims under the Wisconsin Fair Employment Act if an employee's duties are ministerial, here teacher Wendy Ostlund’s duties were not primarily religious. The fact that a teacher is to model and support particular religious values is not enough to make her duties ministerial. Today's LaCrosse Tribune reports on the decision.

Pastors Council Files IRS Charges Against Americans United

The Houston (TX) Area Pastor Council has decided to turn the tables on a group that has complained to the IRS about churches becoming involved in partisan politics. A release issued Monday by the Liberty Legal Institute says a complaint has been filed with the IRS against Americans United. It charges AU, a non-profit organization, with improperly attempting to influence elections by filing and publicizing frivolous IRS complaints against pastors. It says this is an attempt to chill the speech of clergy. The complaint was particularly triggered by AU's charges against Houston pastor Steve Riggle over his endorsement of a Texas Congressional candidate. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

Hearing On Custody of FLDS Children Is Chaotic

A hearing-- generally described in an AP report as "chaotic"-- began today in San Angelo, Texas on the fate of the 415 children being held in temporary custody by the Texas Department of Family and Protective Services after last week's raid on an FLDS ranch where they lived. (See prior posting.) Today's San Angelo Standard-Times has a fascinating minute-by-minute log of events at the hearing. The 350 lawyers representing the children removed from the YFZ Ranch-- as well as representing some parents-- were divided between the court house and an auditorium in City Hall. However the video feed to the City Hall location was grainy and the audio was difficult to hear. When prosecutors attempted to introduce the medical records of two girls into evidence, logistics became unmanageable as lawyers scrambled to see the documents and register objections. State District Judge Barbara Walther called a 40 minute recess so attorneys could decide whether to object en masse or individually.

The AP says that a major issue in the case will be whether the entire YFZ Ranch is the "home" of each child, or only individual house in which the child lives. Apparently Texas law provides for removal of children if sexual abuse is occurring in a "home" and a parent does not stop it