8th Circuit Hears Arguments In Sacramental Marijuana Case

Last Friday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Olsen v. Mukasey. A recording of the full oral argument is available online. The Rutherford Institute, which is assisting Olsen in his appeal, describes the case. At issue is whether marijuana use by Carl Olsen, a member of the Ethiopian Zion Coptic Church (EZCC), is protected by the Religious Freedom Restoration Act. The court below held that Olsen's claim was barred by collateral estoppel because of litigation in the 1980's and '90's in which Olsen was involved. However Olsen argues that intervening precedent precludes application of collateral estoppel. Many of the documents in the appeal, including briefs, are available on the EZCC website.

Afghanistan Orders TV Networks To End Indian Soap Operas

According to yesterday's New York Times, Afghanistan's Minister for Information and Culture has ordered television networks to stop broadcasting five popular Indian soap operas. In consultation with the Council of Clerics, the government decided that the soaps are inconsistent with Afghan religion and culture. Yesterday's International Herald Tribune says that only two networks have complied, and that the others face possible legal action. (See prior related posting.)

Court Dismisses Claim Against US Over Local School Practices

Not surprisingly, a Connecticut federal district court has dismissed a somewhat incoherent lawsuit brought by a pro se plaintiff against the United States and the U.S. Supreme Court. In Edwards v. United States, 2008 U.S. Dist. LEXIS 32449 (D CT, April 21, 2008), plaintiff alleged that the United States infringed free expression and free exercise provisions by preventing volunteers and teachers from expressing Judaeo-Christian religious beliefs and sharing biblical teachings in the nation's public schools, while permitting presentation of "unsafe" and "destructive" beliefs of other cultures in the schools. Her complaint sets out examples relating to a school in Trumbull, Connecticut which her children attend. The court held that the U.S. has not waived its sovereign immunity as to this claim and that plaintiff lacked standing because the actions of the local school officials involved cannot be traced to the United States.

CRS Issues Report On Churches and Political Campaign Activity

The Congressional Research Service recently released a study titled Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, (April 14, 2008). The 15-page report reviews campaign restrictions imposed on churches by the Internal Revenue Code and the Federal Election Campaign Act, discusses the IRS Political Activity Compliance Initiative and analyzes H.R. 2275 which would repeal the Internal Revenue Code restriction on political activity by non-profits. [Thanks to Steven H. Sholk for the lead.]

Court Rejects Challenge To "In God We Trust" License Plates

A Marion, Indiana state court judge last week dismissed a lawsuit filed by the ACLU seeking to require the Indiana Bureau of Motor Vehicles to treat the "In God We Trust" license plates it issues as "special group recognition" plates that carry an additional $15 administrative fee. UPI reports on the decision by Marion Superior Court Judge Gary Miller who ruled that the 1.6 million plates carrying the motto were made with the same process used to mass-produce the standard Indiana license plates. Therefore no special handling fees needed to be charged. The lawsuit had argued that waiver of the fee amounts to promotion of the religious-themed plate by the state. (See prior related posting.)

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.