Uganda's Parliament Passes Education Bill Calling For Elective Courses In Religion

Catholic Information Service for Africa yesterday reported that Uganda's Parliament has passed an Education Bill that makes religious studies an elective in elementary and secondary schools in the country. The bill rejects the government's proposal to take religious education out of the school curriculum. However it also rejects a proposal by the Uganda Joint Christian Council and the Uganda Muslim Education Association to make religious studies compulsory for all students.

Cert. Petition Filed In Oregon Religious Circumcision Case

Friday's Oregonian reports that last month a petition for certioarari was filed with the U.S. Supreme Court in the case of Boldt v. Boldt, (Docket No. 07-1348). In the case, a now-divorced mother who is a member of the Russian Orthodox Church is seeking to prevent her former husband-- a convert to Judaism-- from having their 12-year old son circumcised. The issue was raised in the context of a petition for change of custody. The Oregon Supreme Court below remanded the case, ordering the trial court to determine whether the child wants the circumcision, or objects to it-- an issue over which the parents disagree. (See prior posting.)

10th Circuit Hears Oral Arguments In College Aid Case

On Wednesday the U.S. 10th Circuit Court of Appeals heard oral arguments in Colorado Christian University v. Baker, a case challenging Colorado's exclusion of "pervasively sectarian institutions" from its tuition assistance programs for low-income students attending colleges and universities in the state. The district court upheld the exclusion. (See prior posting.) Wednesday's Denver Post reports that judges questioned counsel on the state's purpose in enacting the exclusion and asked whether the exclusion might pressure religious institutions to change their policies in order to participate in the programs. [Thanks to Blog from the Capital for the lead.]

Czech President Vetoes Anti-Discrimination Law

CeskeNoviny reports today that Czech Republic President Vaclav Klaus has vetoed a broad anti-discrimination law designed to assure equal access to education, work, health care and social advantages. The law would ban discrimination on the basis of religion, as well as on the basis of numerous other grounds (age, race, nationality, sexual orientation, health handicap, sex, and world outlook). Even though such legislation is mandated by the European Union, Klaus in vetoing it said that it merely sums up protections already in place. He said that the form of anti-discrimination measures is up to individual EU members. Klaus called the legislation "ideological, not legal". The bill now goes back to the Chamber of Deputies.

Arizona Appellate Court Strikes Down School Voucher Programs

In Cain v. Horne, (AZ Ct. App., May 15, 2008), an Arizona appellate court found that two school voucher programs that were enacted by the state legislature in 2006 violates the Arizona Constitution. At issue are voucher programs for students with disabilities and for students in foster homes. The court held that the neutral programs do not violate Art. 2, Sec. 12, the Religion Clause of Arizona's constitution which bans appropriations to support religious instruction. However, the court held that the voucher programs do violate the Aid Clause of Arizona's Constitution, Art. 9, Sec. 10 that bars appropriations to aid private or sectarian schools. The court rejected the argument that the "true beneficiaries" of the voucher payments are the students rather than the private and parochial schools that receive the voucher checks made out to pupils' parents or guardians. Today's Arizona Daily Star reports on the decision.

Coast Guard Agrees To Vaccine Exemption, Ending Lawsuit

Cath News reports today that the U.S. Coast Guard has now agreed to grant an exemption from its Hepatitis A vaccination requirement to Lt. Cmdr. Joseph J. Healy who has refused the vaccine on religious grounds. The version of the vaccine available in the U.S. was developed from cells originally taken from an aborted fetus. Last December Healy filed suit against the Coast Guard after an officer denied his immunization request on the ground that Catholic Church doctrines do not ban adherents from receiving the vaccine. (See prior posting.) Now that the Coast Guard has informed the court that the exemption will be granted, Healy's attorneys say they will drop their DC federal court lawsuit.

Kosher Meat Shortage Possible After Immigration Raids On Largest Producer

The Forward reported yesterday on a potential shortage of kosher meat in the United States after Immigration and Customs Enforcement agents on Monday conducted its largest workplace raid this year. Some 390 workers at the Postville, Iowa meat processing plant operated by AgriProcessors were arrested. Most were charged with criminal identity theft or fraud in hearings ending yesterday. (Radio Iowa.) AgriProcessors produces over half of the kosher beef sold in the U.S., and most of the production is from its Iowa plant. The interruption in meat production could have a particular impact in smaller communities where the only kosher meat sold by supermarkets is supplied by AgriProcessors, often under the Aaron's Best, Rubashkin and Supreme Kosher brand names. AgriProcessors has also been the subject of high profile labor and animal rights disputes in recent years. The disputes have led the Conservative movement of Judaism to create the Hechsher Tzedek Commission that is attempting to focus more on working conditions, wages, environmental impact and other ethical issues in the production of kosher meat. Meanwhile, an article from Wednesday's Jewish Week suggests that federal indictments against the owners of AgriProcesors could be in the offing.

California Supreme Court Rejects Gay Marriage Ban, But No Impact On Religious Doctrines

The California Supreme court today in a 4-3 decision ruled that under the California Constitution, same-sex couples have the same right to marry as do opposite-sex couples. In In re Marriage Cases, (CA Sup. Ct., May 15, 2008), the majority emphasized, however that "affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs. (Cal. Const., art. I, § 4.)"

In reaching its decision on gay marriage, the court held that "sexual orientation [is] a characteristic that we conclude represents — like gender, race, and religion —a constitutionally suspect basis upon which to impose differential treatment...." In response to the argument that sexual orientation should not trigger strict scrutiny because it is not an "immutable" characteristic, the majority said that: "California cases establish that a person’s religion is a suspect classification for equal protection purposes ... and one’s religion, of course, is not immutable but is a matter over which an individual has control." Today's Los Angeles Times reports on the decision.

Here are links to the briefs and recordings of the oral arguments in the case.

University Fires Human Resources VP For Anti-Gay Statements

Last month, Crystal Dixon, who was Associate Vice President for Human Resources at the University of Toledo, wrote an op-ed in the Toledo (OH) Free Press which read in part: "I take great umbrage at the notion that those choosing the homosexual lifestyle are 'civil rights victims.' Here's why. I cannot wake up tomorrow and not be a Black woman. I am genetically and biologically a Black woman and very pleased to be so as my Creator intended. Daily, thousands of homosexuals make a life decision to leave the gay lifestyle...." University of Toledo President, Dr. Lloyd Jacobs, quickly responded in another column, saying: "Although I recognize it is common knowledge that Crystal Dixon is associate vice president for Human Resources at the University of Toledo, her comments do not accord with the values of the University of Toledo. It is necessary, therefore, for me to repudiate much of her writing and to make this attempt to clarify our values system."

The University also fired Dixon after she refused the alternative of a demotion and pay cut. (Toledo Free Press.) Today's Toledo Blade reports that Dixon now says that her First Amendment free speech and free exercise of religion rights were infringed by the University's actions. She says she had a divine mandate to write the column and that she was speaking as a private citizen. However a University spokesman said that Dixon's public expressions called into question her ability to perform in her human resources position.

Muslim Serviceman May Sue Army Over Its Autopsy of Infant

The AP reported yesterday that a Muslim soldier and his wife, stationed at Fort Bragg, North Carolina, may join a pending lawsuit challenging the military's respect for religious diversity. Pfc. Eli Agee and his wife, Mackenzie, are upset that authorities insisted on performing an autopsy on their infant son who died May 3, likely from sudden infant death syndrome. Muslim beliefs prohibit autopsies. The Army expedited the autopsy so the child could be buried within 24 hours as required by Muslim law. However the parents later learned that some of the child's vital organs had been removed and would be sent later for burial. Mikey Weinstein, president of the Military Religious Freedom Foundation, said there has been a consistent pattern of anti-Islamic prejudice in the Army.

New Developments In FLDS Child Custody Cases

Legal developments continue in Texas in the FLDS child custody cases. (See prior posting.) Three FLDS fathers who are in monogamous marriages to women who are of legal age filed habeas corpus petitions in a court in San Antonio seeking return of their children. Today's Salt Lake Tribune reports that James Dockstader, Rulon Keate and LeLand Keate argue that their wives have the same rights to procreate and raise a family as does any other citizen, and the fact that one of their neighbors became pregnant as a minor does not justify removing their children.

Meanwhile, according to today's Dallas Morning News, Texas Child Protective Services has drafted guidelines for "service plans" that parents will need to develop in order to regain custody of their children. CPS has set out 10 goals and 14 tasks that should be included. The guidelines question any form of communal living, require residential buildings to be open for unannounced visits by CPS workers, and mandate that the names of everyone in the home must be given to CPS. The guidelines also call for job training, schooling for children and knowing how to access community resources.

Split 9th Circuit Rejects En Banc Review In Sunrise Rock Cross Case

Yesterday, a 3-judge panel of the U.S. 9th Circuit Court of Appeals issued an amended opinion in Buono v. Kempthorne, (9th Cir., May 14, 2008), eliminating one footnote, but otherwise reaffirming its holding finding Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW. (See prior posting.) The deleted footnote had indicated disagreement with a 7th Circuit case on land transfers undertaken to end Establishment Clause problems.

After the panel refused to grant a rehearing, the full court also refused to grant an en banc rehearing. However, in a long opinion, five judges dissented from the denial en banc review. The dissent argues that there is no evidence that the government will maintain or support the Sunrise Rock Cross after its transfer, and says that the VFW should not be required to sacrifice its private rights in the Sunrise Rock land in order to cure an Establishment Clause violation by the government. [Thanks to How Appealing for the lead.][Corrected].

New York Town Transfers Enforcement of Building Codes Against Amish to State

In the face of possible lawsuits by the Amish community over building code enforcement against them, the town board of Conewango, New York yesterday voted to opt out of code enforcement and turn enforcement over to state authorities. Thus any lawsuits will be filed against the state and not against the town. Yesterday's Jamestown (NY) Post-Journal reports that the Amish have concerns about both some of the substantive code requirements and about the mandate to furnish workers compensation insurance to those hired to help with the construction.

Court Concludes Paratrooper Is Entitled To Conscientious Objector Status

In Barnes v. Green, (D AK, May 13, 2008), an Alaska federal magistrate judge concluded that an Army paratrooper's request for conscientious objector status be granted. The court rejected the Army's contention that Michael Barnes was not sincere in his claim that he was a conscientious objector, saying:

Much is made of the fact that Barnes did not attend church services in Iraq. While [this] ... might hold sway if there were other facts showing a sudden and convenient getting of religion, surely the Army agrees that it is not its province to suggest there is a proper way to be a Christian, or for that matter, to lay claim to or practice any other form of religion....

The fact that Barnes’ thought processes may not have been "mature" is of no moment. One need not be a St. Augustine or a St. Thomas Aquinas to qualify as CO, indeed conscientious objection has no necessary relation to intellectual sophistication....

The evidence is overwhelming that Barnes – a motivated infantryman –is a person who takes his religious beliefs seriously, and there is strong evidence that his decision was motivated by those beliefs.... True, the timing of Barnes’ decision is suspect. But that alone cannot be the basis for denying his application....

Instead of remanding the case to the Army's Conscientious Objector Review Board, the court concluded that Barnes' petition for habeas corpus and mandamus should be granted and the Army should be ordered to grant Barnes an honorable discharge. The Army has until tomorrow to appeal the magistrate's findings. Yesterday's London Guardian reports on the decision.

UPDATE: the May 24 Anchorage Daily News reports that the Army has appealed the magistrate's decision to federal district Judge John Sedwick.

Massachusetts Agrees That Non-Jewish Prisoner Gets Kosher Diet

Yesterday, the U.S. 1st Circuit court of Appeals dismissed as moot the case of Guzzi v. Thompson, (1st Cir., May 14, 2008). A release by the Becket Fund explains that the dismissal comes after Massachusetts prison authorities agreed to allow a prisoner who requested kosher food for religious reasons to have access to it even though the prisoner is not Jewish. The Becket Fund had argued to the 1st Circuit that "governments should not be deciding whether a religious belief is orthodox."

No Summary Judgment In Colorado Episcopal Church Property Dispute

In Grace Church & St. Stevens v. Bishop and Diocese of Colorado, (CO Dist. Ct., May 13, 2008), a Colorado state trial court judge rejected summary judgment for either side in a counterclaim arising out of a lawsuit over ownership of an historic church building in downtown Colorado Springs. An article on Virtue Online sets out the background of the case. In May 2007, by a vote of 93% in favor, Grace Church and St. Stephen's voted to move its affiliation to the Convocation of Anglicans in North America. After the congregation sued asking a judge to declare that Colorado's Episcopal Diocese no longer owns the assets of the parish, the Diocese filed a counterclaim against vestry members. They in turn asserted a defense based on immunity of non-profit directors. At issue is whether the corporation that is plaintiff ever formally owned the property at issue. The court indicated that in Colorado, church property disputes are resolved through neutral analysis, but that no neutral analysis can be undertaken until the relevant facts are known. (See prior related posting.)

Website Says Grassley's Investigation of Televangelists Reflects Religious Bias

Yesterday's Des Moines (IA) Register reports that a sophisticated website has been set up to attack the investigation of six "prosperity gospel" televangelists by Sen. Charles Grassley. (See prior posting.) The Believers Stand United website is sponsored by one of the groups under investigation-- Kenneth Copeland Ministries. The website argues that Grassley is "only targeting those Pentecostal-Charismatic churches who preach the 'Word of Faith' message and not any other churches.... It appears the inquiry is aimed at publicly questioning the religious beliefs of the targeted churches, their ministers, and their members while ignoring televangelists of other denominations. This violates the fundamental tenet of the First Amendment that the government should not single out any religion because of its beliefs. It also raises the question of religious bias against the Pentecostals and Charismatics who now number almost 70,000,000 Americans...."

Court Dismisses Free Exercise Challenge To Civil Commitment After Marijuana Charge

In Simmons v. Seal, 2008 U.S. Dist. LEXIS 38355 (ND CA, April 24, 2008), plaintiff brought a federal civil rights action challenging his commitment to Napa State Hospital after he was arrested for marijuana possession and found incompetent to stand trial. Plaintiff alleged that his commitment violated his free exercise of religion because he is a member of the ministry of Cannabis and Rastafari Inc. and uses marijuana for religious purposes. Subsequently plaintiff was released on his own recognizance. The court dismissed plaintiff's claim without prejudice, holding that before he can bring a claim for damages under 42 USC Sec. 1983, he must first exhaust all available state court remedies and then seek habeas corpus relief in federal court. Only if he is successful in a challenge to his confinement in one of these proceedings may he proceed with his damage claim.

Texas Welfare Workers Criticized For Treatment of FLDS Children

Yesterday's Salt Lake Tribune says that mental health professionals who were employed to care for the FLDS women and children after the April raid on their Eldorado, Texas ranch are critical of Texas Child Protective Services. Statements given by staff members to the board of Hill Country Community Mental Health and Mental Retardation Center say that the treatment of the women and children, and the conditions under which they were held, were harsh and unnecessary. The Tribune article has links to the full statements of the mental health workers regarding conditions in the shelter in which the women and chilren were held pending placement of the children in foster care. Melissa Rogers has additional coverage of the allegations on her blog.

Preachers' Suit Against Mississippi City Settled

The Alliance Defense fund announced Monday that a settlement has been reached in Wallace v. City of Wiggins, a federal lawsuit against the city of Wiggins, Mississippi and various of its officials on behalf of two Christian preachers who were threatened with arrest for carrying signs and engaging in religious speech on a public sidewalk using a microphone and amplification system. (See prior posting.) The settlement allows the the preachers, Shannon Wallace and Wesley Sewell, to preach on public sidewalks so long as no city ordinances are violated.