Japanese Man Charged For Dumping Buddhist Altar Beside Expressway

In the Japanese city of Komaki, Aichi, a man has been charged by police with violating the city's Waste Disposal Management Law after he dumped a Buddhist altar on the side of the Meishin Expressway. Mainichi Daily News reported on Saturday that the man received the altar as a gift from a friend who encouraged him to become more religious. However the altar was too large to fit into the man's new apartment.

Episcopal Church Sues For Property of Break-Away California Diocese

The flood of lawsuits by the Episcopal Church against break-away congregations continues. Last week, the Episcopal Diocese of San Joaquin, California and The Episcopal Church filed suit (press release) to reclaim control of the property of congregations within the Diocese after most of them voted to follow John-David Schofield, the former bishop of the Diocese, in affiliating with the more conservative House of Bishops of the Southern Cone. On Friday, Episcopal News Service reported that the lawsuit was filed after Bishop Jerry Lamb was affirmed as provisional bishop of San Joaquin to replace Schofield by a March 29 special convention of the diocese. The complaint in the case (full text), filed in a California state court, seeks an order confirming that Lamb is the incumbent bishop of the Diocese and an order requiring Schofield to turn all Diocese property over to Lamb.

FLDS Mothers Unsuccessful So Far In Seeking Return of Children

Interesting legal developments continue to transpire in the case of 462 children taken into custody by the state of Texas after authorities raided the FLDS ranch in Eldorado, Texas earlier this month. (Timeline of events.) Several of them were reported Saturday by Austin's KeyeTV News. In an order issued Friday in a case captioned In re: Sarah Steed, et. al., (TX Ct. App., April 25, 2008), a state appellate court in Austin rejected an emergency motion filed by mothers of the children seeking a stay of an April 22 order issued by the trial court. The mothers were seeking to prevent the children from being placed in facilities throughout the state while their petition for a writ of mandamus is being heard. The appellate court said that, on its face, the trial court's order appears to meet statutory requirements for the placement of the children. A full hearing will be needed to determine if there was an abuse of discretion by the trial court. An expedited hearing on that is scheduled for Tuesday morning.

Meanwhile, Texas Rangers continue to investigate charges that the original call to authorities that led to the raid was not authentic. (See prior posting.) An arrest warrant (full text) has been issued for a Colorado Springs, CO woman, Rozita Swinton, who has a history of making false reports of abuse.

Meanwhile an AP story published Friday says that the breadth of the custody order issued in Texas raises constitutional issues. Jessica Dixon, director of SMU Law School's Child Advocacy Center described the order as an unprecedented "class-action child removal". Of particular concern is whether there was justification for removing the 130 children under five years of age, and the over two-dozen teenage boys, none of whom apparently had been the victims of abuse. Also apparently not all residents of the Ranch practiced polygamy. A Child Protective Services spokesman said that the state has no way to protect the young children from possible future abuse if they remain at the Ranch.

Birminghm, AL Mayor Holds Sackcloth and Ashes Prayer Rally to Fight Crime

In Birmingham, Alabama on Friday night, more than 1000 people gathered at Mayor Larry Langford's "sackcloth and ashes" prayer rally called to fight the worsening homicide rate in the city. The AP and the Birmingham News reported on the rally that featured prayers for forgiveness and sermons calling for the city to repent. Langford purchased 2000 burlap bags that were handed out at the event. He said the rally, held at the city-owned Boutwell Auditorium, was inspired by the Book of Jonah (see Chap. 3). This is the third prayer rally Langford has called to deal with crime in Birmingham. The Alabama ACLU is looking at the church-state issues involved.

UPDATE: Here is the full text of the mayor's Proclamation declaring the day for prayer in sackcloth and ashes. [Thanks to Dispatches From the Culture Wars for the lead.]

Florida Court Rejects Religious Defense To Unlicensed Midwifery Charges

In McGlade v. State of Florida, (FL Ct. App., April 25, 2008), a Florida state appellate court rejected a claim by two defendants accused of practicing midwifery without a license that the jury should have been instructed on their free exercise of religion defense. The court held that while defendants showed that their involvement in home births was substantially motivated by their religious beliefs, they presented no evidence that the midwifery license law substantially burdened the exercise of their religion. However, defendants' convictions were reversed and the case remanded for a new trial because of other errors in the jury instructions given at trial. Saturday's Sarasota (FL) Herald Tribune reporting on the case says that defendants Linda and Tanya McGlade have been out of prison during the appeal-- on order of the Court of Appeal (full text of order) after the trial judge refused to permit them to post bond. (See prior related posting.)

Meanwhile Saturday's Houston Chronicle features a story about a Pennsylvania midwife who is appealing a cease and desist order issued against her by the Pennsylvania State Board of Medicine. Diane Goslin served many in Pennsylvania's Amish community. She is a certified professional midwife, but not a nurse-midwife as required by Pennsylvania law. (See prior related posting.)

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.

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.)

Recent Articles Of Interest

From SSRN:

• Natasha Bakht, Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women, (Muslim World Journal of Human Rights, Vol. 1, No. 1, 2007).


• Jeremy J. Patrick, Not Dead, Just Sleeping: Canada's Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation, (April 17, 2008).


• Susan Benesch, Vile Crime or Inalienable Right: Defining Incitement to Genocide, (Virginia Journal of International Law, Vol. 48, No. 3, 2008).


• Carl H. Esbeck, Protestant Dissent and the Virginia Disestablishment, 1776-1786, (Georgetown Journal of Law & Public Policy, Vol. 7, No. 1, 2008).


• William S. Brewbaker, Book Review: Rediscovering the Natural Law in Reformed Theological Ethics - By Stephen J. Grabill, (Journal of Law and Religion, Vol. XXIII, No. 1, 2007-08).


• Carl H. Esbeck, Carl H., The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Service Programs, (Engage, Vol. 9, No. 2, June 2008).


• Linda C. McClain, Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative, (Loyola University Chicago Law Journal, Vol. 39, p. 361, 2008 ).

From SmartCILP:

• Slavoj Zizek, The Secret Clauses of the Liberal Utopia., 19 Law & Critique 1-18 (2008).

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.