Religion Clause

Friday, April 25, 2008

Utah Supreme Court Rejects Mission's Zoning Challenge On Procedural Grounds

In Salt Lake City Mission v. Salt Lake City, (UT Sup. Ct., April 22, 2008), the Utah Supreme Court rejected claims by a Mission that serves the homeless and addicts that its religious freedom was infringed when Salt Lake City prevented it from applying for conditional use permits for four locations and denied a permit for a fifth location. The court held that plaintiffs had not exhausted their administrative remedies as is required before bringing a challenge under the Utah Constitution, and that the Mission's federal constitutional claims were not ripe for adjudication.

Jewish Groups Diverge On Joining Church-State Brief

Yesterday's Forward reports that Jewish organizations-- traditionally strong proponents of church-state separation-- are now splitting over how hard to press on Establishment Clause issues. The American Jewish Congress has not joined in a church-state amicus brief (full text) filed with the U.S. 6th Circuit Court of Appeals yesterday by a number of other faith groups and groups supporting church-state separation. Other Jewish groups on the brief were American Jewish Committee and Hadassah.

The brief was filed in American Atheists, Inc. v. City of Detroit Downtown Development Authority, a case challenging the disbursement of public beautification funds to three Detroit churches in an attempt to improve the external appearance of buildings in areas of the city prior to the 2006 Super Bowl. (See prior posting.) Marc Stern, AJCongress general counsel, said AJCongress did not participate because they believe that in light of recent precedents allowing greater church-state interaction the challenge to city funding will be unsuccessful. Americans United issued a release describing the brief which asserts in part: "The lessons of history are compelling: Governmental aid to construct and maintain houses of worship degrades religion and distorts government."

Today is "Day of Silence"; 7th Circuit Allows "Day of Truth" T-Shirt

Today is the 12th annual National Day of Silence sponsored by the Gay, Lesbian and Straight Education Network (GLSEN). A GLSEN news release says that students at 6,000 middle and high schools across the country are scheduled to participate in the event designed to call attention to bullying and harassment in schools directed at gay, lesbian, bisexual and transgender students. The Day of Silence website says this year's event is dedicated to the memory of Lawrence King, a California 8th-grader who was shot and killed in class on Feb. 12 by a classmate because of his sexual orientation and gender expression. Generally participants remain silent during the day except when called on in class. Lambda Legal has issued a Q&A on student rights to participate in the Day of Silence.

For the past four years, the Alliance Defense Fund has sponsored a "Day of Truth" on the school day following Day of Silence. This year that is April 28. The Day of Truth website says the event "was established to counter the promotion of the homosexual agenda and express an opposing viewpoint from a Christian perspective." Sponsors encourage students to wear T-shirts and hand out cards in class with their counter-message.

Just in time for this year's dueling events, the U.S. Seventh Circuit Court of Appeals decided Nuxoll v. Indian Prairie School District #204, (7th Cir., April 23, 2008), a case growing out of an Illinois high school's limits on messages that could be displayed on Day of Truth T-shirts. Messages could be positive ones, but not negative ones that impugned another group. The court approved a preliminary injunction limited to permitting plaintiff to stencil the slogan "Be Happy, Not Gay" on his T-shirt this year. Judge Posner's majority opinion said even this might be shown to be improper after a fuller record is developed in the case. Judge Rovner concurred, writing an opinion indicating that she had a broader view of permissible student speech. Alliance Defense Fund issued a release praising the decision, as did the ACLU of Illinois. (See prior posting.) [corrected].

White House Holds Summit On Faith-Based Inner-City Schools

Yesterday the White House sponsored a Summit on Inner-City Children and Faith-Based Schools. The Agenda included panels on the role of faith-based schools, practical realities, community solutions and policy options. President Bush delivered a long address (full text) to conference participants. He said in part: "One of the reasons I've come is to highlight this problem and say to our country: We have an interest in the health of these centers of excellence; it's in the country's interest to get beyond the debate of public/private, to recognize this is a critical national asset that provides a critical part of our nation's fabric in making sure we're a hopeful place." Yesterday's New York Sun reported on the Summit.

Pelosi Challenged On Her Earth Day Biblical Quote

Last Monday, U.S. House Speaker Nancy Pelosi released a statement (full text) marking Earth Day. It said in part: "The Bible tells us in the Old Testament, 'To minister to the needs of God's creation is an act of worship. To ignore those needs is to dishonor the God who made us.'" Now, according to Wednesday's CNS News, Biblical scholars say that this quotation does not come from the Bible. Apparently Pelosi has used the same quote a number of other times. Claude Mariottini, a professor of Old Testament at Northern Baptist Theological Seminary near Chicago, said this "is one of those texts that you fabricate in order to support what you want to say."

UPDATE: Get Religion on Friday commented on CNS's coverage of Pelosi's remarks, quibbling primarily about the story's failure to emphasize tbe Biblical motivation of many environmentalists.

Florida Considering An "I Believe" Specialty Plate

Florida's legislature is carrying the debate over specialty license plates to a new level. It is considering a bill that would authorize a number of new specialty plates, including one reading "I Believe" and featuring a Christian cross and a stained glass window. The AP reports that the added fee for the I Believe plate would benefit Faith in Teaching Inc., a non-profit that supports faith-based schools activities. The bill would also provide for an "In God We Trust" plate to benefit the children of deceased soldiers and law enforcement officers. Florida already offers over 100 specialty plates. If the "I Believe" plate is approved, it will be the first in any state that features a religious symbol (other than religious symbols in a college logo).

UPDATE: On April 29, the Florida legislature passed and sent to the governor S734 which provides for 4 new specialty license plates, including an "In God we Trust" plate. However the bill does not include the "I Believe" plate. Nevertheless, according to AP, now the South Carolina legislature is considering an "I Believe" specialty plate. It received key SC state senate approval on Tuesday.

Rep. Myrick Proposes Measures Against Radical Islam

Last week, U.S. Rep. Sue Myrick from North Carolina issued a release unveiling her 10-point "Wake Up America" agenda. As reported yesterday by World Net Daily, she is calling for a government investigation of all military and U.S. prison chaplains who were approved by Abdurahman Alamoudi when he headed the American Muslim Council. Myrick wants to know if any of the chaplains have ties to radical Islam. In 2004, Almoudi was sentenced to 23 years in prison in a terrorism financing case.

Myrick's Agenda also calls for the Internal Revenue Service to investigate the Council on American-Islamic Relations (CAIR). Among its other points, the Agenda proposes legislation to outlaw the preaching, publication, or distribution of materials calling for the death of American citizens or attacks on the United States Government or Armed Forces. It proposes restricting R-1/R-2 religious visas for imams who come from countries that do not allow reciprocal visits by non-Muslim clergy, and it presses for reform of Saudi text books. While Myrick is head of the Congressional Anti-Terrorism Caucus, these proposals are hers and not those of the Caucus. [Thanks to Alliance Alert for the lead.]

Jury Finds For Church In $3.7M RLUIPA Verdict

In Reaching Hearts International Inc. v. Prince George’s County, a Maryland federal court jury has awarded $3.7 million in damages to a Seventh Day Adventist congregation that was prevented by the county from building a church on land the congregation had purchased. Initially Prince George's County Council rejected the church's application for sewer and water changes, and when the church then decided to build a smaller structure that could be served by existing facilities the county adopted a new zoning ordinance precluding that plan as well. Yesterday's Maryland Daily Record reports that the suit alleged discrimination in violation of 42 USC Sec. 1983 and RLUIPA. However in September the court will still hear arguments on the county's defense that it had a compelling interest in taking the actions it did, and used the least restrictive means in accomplishing its objectives.

Thursday, April 24, 2008

Bald Eagles Limit Florida Church's Expansion Plans

Tuesday's Lakewood Ranch (FL) Herald reports on an unusual land use problem faced by a Bradenton, Florida Catholic parish. Since 1999, the presence of nesting bald eagles on a 14-acre site that Our Lady of the Angels Catholic Church had acquired for a building has dictated the kind of development the rapidly-growing congregation can pursue. So far, it has kept its expansion within U.S. Fish and Wildlife Service guidelines that require a 330 foot buffer between buildings and nesting eagles, sometimes through the use of modular buildings. If the eagles ever leave, the church hopes to build a new sanctuary on the northeast quadrant of its land.

President Proclaims 2008 National Day of Prayer Amid Call for More Inclusiveness

On Tuesday, President Bush issued a Proclamation (full text) declaring May 1 to be the 2008 National Day of Prayer. Meanwhile, the website Jews on First has begun a campaign for an Inclusive National Day of Prayer, pointing to the fundamentalist Christian focus of the existing National Day of Prayer Task Force. (See prior posting.) On its web page devoted to the project, Jews on First calls on governors to either refrain from issuing Day of Prayer proclamations, or to issue proclamations that call for inclusive events. Last year's White House event for the day did have extensive Jewish, as well as Christian, participation. (See prior posting.)

Appellate Court Rejects Challenge To Religious References By Prosecutor

In State of Connecticut v. Johnson, (App. Ct. CT., April 22, 2008), a Connecticut state appellate court majority opinion rejected a convicted defendant's objections to religious references made by the prosecutor during closing argument at his trial. The references related to the religious piety of the complaining witness and her parents in the sexual assault case. Judge Berdon concurring in the result said that the remarks were improper, but defendant had failed to object to them at trial.

San Diego Agrees Church Can Feed the Poor Without a Permit

On Monday, a California federal district court issued an Order of Dismissal (full text) in Pacific Beach United Methodist Church v. City of San Diego, (SD CA, April 21, 2008). The San Diego Union-Tribune reports that the settlement allows plaintiff church to continue feeding the homeless in its building without obtaining a city permit. The settlement provides that the city will not cite the church for violations in connection with its "Wednesday Night Ministry activities, which include Plaintiffs’ religious practice of sharing common meals with the community and providing ministry, food and other care to the poor, the homeless and others in need in the community." The city will still be able to conduct inspections and enforce other laws applicable to the meal service. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Appeal Filed In Case of Wisconisn Pharmacist

On Wednesday, an appeal was filed with the Wisconsin Supreme Court in Noesen v. State of Wisconsin Dept. of Regulation & Licensing, according to a press release on Christian Newswire. In the case, a state appellate court rejected a pharmacist's religious arguments and upheld the state Pharmacy Examining Board’s decision reprimanding him for refusing to fill or transfer a customer's prescription for oral contraceptives. (See prior posting.)

Moderate Italian Muslims To Form New Federation

In Italy, representatives of several Muslim groups have announced plans to create a Federation of Italian Islam to promote mosques that teach moderate Islam. Voice of America reported yesterday that the move was announced by outgoing Interior Minister Giuliano Amato who said the Federation, which will be legally recognized, will bring together Muslims who pledge allegiance to the Italian constitution and Italy's Charter of Values of Citizenship and Integration.

Wednesday, April 23, 2008

Recent Prisoner Free Excercise Cases

In Henderson v. Bettus, 2008 U.S. Dist. LEXIS 31091 (MD FL, March 31, 2008), a Florida federal district court permitted a Muslim inmate to move ahead with his claim that his free exercise rights were violated when he was refused access to his cell to pray at the proper time during Ramadan and was denied his available bag lunch at the designated time to break his religious fast.

In Poullard v. Federal Bureau of Prisons, 2008 U.S. Dist. LEXIS 16924 (D DC, March 6, 2008), a D.C. federal district court transferred to the Eastern District of Texas an inmate's claim that federal prison authorities in Texas disrespected his Ifa faith through various actions.

In Ware v. Garnett, 2008 U.S. Dist. LEXIS 30336 (SD IL, March 31, 2008), an Illinois federal district court adopted a magistrate's recommendations and dismissed claims by a Muslim inmate that he should receive a Halal diet and a Sunni prayer mat. It also rejected complaints that Muslim inmates were required to worship in small groups, that he was not permitted to wear religious head gear, and that he was not permitted to teach fellow inmates Arabic or preach in Arabic.

In Nelson v. Miller, 2008 U.S. Dist. LEXIS 30525 (SD IL, March 31, 2008), and Illinois federal magistrate judge dismissed a Catholic inmate's claims against an Illinois prison chaplain who refused to approve a vegan diet for him for Fridays after the chaplain determined that the Catholic faith did not require the inmate's adherence to the Rule of St. Benedict.

In Malik v. Clarke, 2008 U.S. Dist. LEXIS 31175 (WD WA, April 15, 2008), a Washington federal district court referred back to a magistrate a complaint by an inmate that he was allowed to use his Muslim name on mail only if hefirst used the name under which he was committed (followed by his new name).

In Sundown v. Texas Department of Criminal Justice, 2008 U.S. Dist. LEXIS 31508, (SD TX, April 16, 2008), a Texas federal district court rejected a complaint by five Native Americans seeking weekly religious classes and services.

Judge Seeks To Accommodate Prayer Sessions Of FLDS Mothers and Children

In San Angelo, Texas, state District Court Judge Barbara Walther has ruled that FLDS women and children being held at the San Angelo Coliseum can meet twice a day for prayers without being monitored by state workers. Yesterday's Salt Lake Tribune reports that despite pleas from the Church of Jesus Christ of Latter-day Saints-- the mainline Mormon church-- for the media to distinguish it from the polygamous FLDS sect, Judge Walther apparently views the relationship between the two groups differently. She asked asked Texas Child Protective Services (CPS) to find a member of the mainstream LDS Church or some other "appropriate religious person" to monitor prayer sessions of FLDS members in order to avoid state employees "making their service less sacred."

At the same time, Judge Walther refused to issue a temporary restraining order requiring that FLDS nursing mothers be allowed to stay with their children. Instead the judge left the matter to be worked out through informal negotiations between the mothers' attorneys and CPS which, as of now, plans to separate adult mothers from their children once the state finishes collecting DNA samples. In another development, CPS now says that the count of FLDS children in state custody is 437, not the originally reported 416.

Court Says Gideon Bible Distribution To 5th Graders Violated Establishment Clause

In Roe v. Tangipahoa Parish School Board, (ED LA, April 22, 2008), a Louisiana federal district court held that the distribution of Gideon Bibles to 5th grade students at a Louisiana public school violated the Establishment Clause. The court said:

Despite the principal's statement that the children did not have to take a Bible, by allowing the Gideons to set up immediately outside the principal’s office, the School Board "created the impression in young, impressionable minds that 'the school endorsed a particular belief: Christianity.'" ... Therefore, this Court determines that the distribution of Bibles was ultimately coercive...; that distribution of Bibles is a religious activity without a secular purpose... and that distribution by the Gideons amounted to promotion of Christianity by the School Board....

The Advocate yesterday reported on the court's decision. (See prior related posting.)

Israel High Court Gives Citizenship To Messianics-- Does Not Recognize Them As Jews

Yesterday's Jerusalem Post reports on a ruling handed down last week by Israel's High Court of Justice which is apparently being misreported in some Christian media. In the case, the High Court agreed to remove a pending petition without making a ruling after the petitioners, twelve Messianic Jews, and the Interior Ministry agreed that the Messianics would be granted automatic citizenship under the Law of Return, as amended. The Court's ruling is set out (apparently in full) by Christianity Today. The decision, however, does not recognize the Messianics as Jews, nor does it grant them equal status with Jews.

Two notions underlie the High Court's disposition of the case. First,the Law of Return as amended in 1970 applies not just to Jews, but also to non-Jewish children and grandchildren of Jews, except for a person who has been a Jew and has voluntarily changed his religion. A Jew is defined as the child of a Jewish mother or someone who has converted to Judaism. The child of a Jewish father and a non-Jewish mother is not Jewish, and that person's embrace of another religion does not make him or her a convert who is ineligible for citizenship under the Law of Return.

The 12 Messianics involved in last week's case were children of Jewish fathers, not of Jewish mothers. Therefore the decision is not inconsistent with the Beresford case handed down 15 years ago in which the High Court held that Messianic Jews whose mothers were Jewish (and thus who were originally recognized as Jewish) are not entitled to citizenship under the Law of Return because they were Jews who had voluntarily converted.

India's Supreme Court Rejects Bid For Pilgrimage Funding For Non-Muslims

India's Supreme Court on Monday dismissed a petition seeking to have it order the government to fund pilgrims of Hindu, Jain and Buddhist faiths to visit places of worship in China, Pakistan, Bangladesh, Sri Lanka and Nepal to the same extent as the government funds Muslim Haj pilgrims. According to The Hindu, a 3-judge panel said the matter should be pursued by petitioning the government, not through litigation. The public interest litigation petition that had been filed with the court alleged that thew differential funding amounted to religious discrimination that violates Art. 15 of India's Constitution.