Franklin Graham Criticizes "Missionary-Invasion" Plans For Olympics

Evangelist Franklin Graham is concerned about the planned influx of Christian missionaries into China for the Beijing Olympics. Today's Charlotte (NC) News reports that Graham fears the illegal missionary-invasion strategy that some U.S. and foreign groups are planning could jeopardize the freedoms that have been won recently by Chinese Christians. Graham has posted the full text of China's Regulations on Religious Affairs on the Billy Graham Evangelistic Association website, and urges groups planning to go to China to familiarize themselves with the law. Some of the groups planning to send unauthorized missionaries to China have harshly criticized Graham's position.

Bush Tells Mid East Leaders That Democracy Does Not Threaten Islam

President Bush yesterday spoke at the World Economic Forum, meeting in Sharm el Sheikh, Egypt. The New York Times characterized his speech to diplomats, policy makers and business executives as one that criticized Middle East leaders. It pressed them toward economic expansion, equal rights for women and democracy. In his remarks (full text) President Bush focused in part on the relationship of democracy to religious freedom:

There are people who claim that democracy is incompatible with Islam. But the truth is that democracies, by definition, make a place for people of religious belief. America is ... one of the world's leading democracies, and we're also one of the most religious nations in the world. More than three-quarters of our citizens believe in a higher power. Millions worship every week and pray every day. And they do so without fear of reprisal from the state. In our democracy, we would never punish a person for owning a Koran. We would never issue a death sentence to someone for converting to Islam. Democracy does not threaten Islam or any religion. Democracy is the only system of government that guarantees their protection.

Recent Scholarly Articles and New Book of Interest

From SSRN:

• Teresa Stanton Collett, Advancing the Culture of Life Through Faithful Citizenship, (Journal of Religion and Society, 2008).
• Akiva Shapiro, Should the Lower Courts Save Taxpayer Standing? Interpreting Hein v. Freedom from Religion Foundation Narrowly Through the Lens of Judicial Spending,(Journal of Appellate Practice and Process, Vol. 10, No. 2, 2009).
• Scott A. Taylor, Spirituality and Academic Performance at a Catholic Law School: An Empirical Study, (California Western Law Review, Vol. 45, 2008).

Recent Law Review Articles:

• Erwin Chemerinsky, Why Church and State Should Be Separate, 49 William & Mary Law Review 2193 (2008).
• Gerard V. Bradley, Religion at a Public University, 49 William & Mary Law Review 2218 (2008).

New Book:

Jeff Sharlet, The Family: The Secret Fundamentalism at the Heart of American Power, (HarperCollins, May 2008).

Fired Engineer Sues-- Claims Religious Discrimination Over Christian Beliefs

Saturday's Cedar Rapids (IA) Gazette reports on an interesting employment discrimination lawsuit filed by Thomas Meeker, a former senior systems engineer claims Rockwell Collins. Meeker, a Christian who believes that homosexuality is a sin, refused to complete Rockwell Collins' diversity training program. Meeker says that the training required employees to accept and embrace homosexuality. In July 2007, Meeker was fired for refusing to treat gay and lesbian co-workers with respect. Meeker's federal court lawsuit alleges religious discrimination, claiming that he was fired because he is a Christian.

Bahrain Prohibits Political Activities At Mosques

According to today's Kahleej Times, Bahrain's Ministry of Justice and Islamic Affairs has issued a ban on political discussions and political activities at mosques in order to protect their sanctity. The ministry has also increased its inspection visits to all mosques in order to prevent their politicization and promotion of disunity among Muslims. (See prior related posting.)

FLDS Parents Served By Formal Publication Notice

The state of Texas this week formally published legal notices serving process on both identified and unknown FLDS parents of children held in custody by the Department of Family and Protective Services. The "Citations By Publication/Posting" (full text) were published in this week's Eldorado Success. Today's Deseret News reports on this, as well as on an open letter (full text) to Texas Governor Rick Perry and Judge Barbara Walther from an 80-year-old FLDS Church member who strongly criticizes the actions taken by the state of Texas.

Dutch Cartoonist Arrested For Publishing Cartoons Insulting To Mulsims

Radio Netherlands reports that last Tuesday a Dutch cartoonist, drawing under the name Gregorius Nekschot was arrested for publishing cartoons that were "insulting to Muslims and to people of colour". Many were published online. The Public Prosecutors Office says that a complaint was filed against Nekschot in 2005, but because the cartoonist used a pseudonym it has taken this long to locate who he really is. Nekschot is know for cartoons that are insulting to left-wing politicians as well as for those that insult religion. This YouTube clip shows a number of the offending drawings. NIS News reported yesterday that many in the Lower House of Netherlands Parliament have sharply criticized Nekschot's arrest.

Court Rejects Challenge To Hawaii's Limits On Who Can Perform Marriages

In Woods-Bateman v. State of Hawaii, 2008 U.S. Dist. LEXIS 39661 (D HI, May 13, 2008), an Hawaii federal district court rejected a constitutional challenge to HRS § 572-12. The statute limits those who can be licensed to solemnize marriages to either clergy or judges. In filling out an application to be licensed to perform marriages, plaintiff left blank the questions relating to whether he came within one of these categories. After he was denied a license, he sued claiming that his rights under the First, Fifth and Fourteenth Amendments had been violated. The court held that Hawaii's requirements did not violate the Establishment Clause:

The requirement has the secular purpose of maintaining the integrity of marriage records.... Judicial officers and religious leaders are individuals that the State has recognized in the past and can reasonably expect will ensure, in the future, the recording of essential information.

The court also rejected plaintiff's free speech and equal protection challenges, holding that there is no fundamental right to be entitled to solemnize marriages.

Suit Threatened Over Wisconsin Village Land Sale To Preserve Cross

Last month, the Village Board of Holmen, Wisconsin reacted to a complaint about a display of a cross and a star on property it now owns by agreeing to sell the land and display to the Lions Club for $600. The Lions Club, which pledged to keep the display intact, was involved in its construction in 1960 on the land that was then privately owned. Five years ago the city bought land that includes the display for a reservoir. (See prior posting.) It turns out, however, that when the Village Board agreed to the sale to the Lions, it ignored higher bids from two other groups. The American Humanist Association (AHA press release) had bid $1000 for it and the Freedom from Religion Foundation had bid $1200. Yesterday's Holmen Courier reports that the AHA is now considering suing the village, saying that the Village Board ignored the competing bids only because it favored the cross remaining on the land. The Lions Club will fence off the display, install signs saying it is their property and will have an electric meter installed so it will pay for lighting. It will also restrict access to protect the nearby village water reservoir.

California Church Wins RLUIPA Claim Over Use Permit Process

In Grace Church of North County v. City of San Diego, (SD CA, May 9, 2008), a California federal district court concluded that the city of San Diego violated the Religious Land Use and Institutionalized Persons Act when it granted Grace Church only a five year conditional use permit to occupy property it leased in the Rancho Bernardo Industrial Park. The court concluded that:

the mandatory CUP process established by Defendants and applied to Grace Church – with the result that Plaintiff received a CUP of only half the length Plaintiff requested, and has no reasonable expectation that Defendants will approve any extension – constituted a substantial burden on Grace Church’s exercise of religion. At various levels of Defendants’ mandatory CUP process, Grace Church experienced outright hostility to its application, decision-making that is seemingly arbitrary or pretextual, and ignorance regarding the requirements of controlling federal law regarding the application of land use laws to religious institutions.

... The facts of this case belie Defendants’ claim that they have a "compelling interest" in preserving industrial lands in the industrial park where Grace Church has secured its property.

Alliance Defense Fund last week issued a release on the decision and World Net Daily reported on the decision on Friday. (See prior related posting.)

Reactions To California Marriage Decision From Chief Justice and Religious Groups

Today's Los Angeles Times reports on its unusually candid interview with California Supreme Court Chief Justice Ronald M. George about the Court's ruling last week legalizing same-sex marriage. George told the paper: "there are times when doing the right thing means not playing it safe." Meanwhile today's San Jose Mercury News reports on the divided views about the decision among religious leaders of different faiths and denominations. Before the decision came down, a group known as ProtectMarriage.com already filed with the California Secretary of State petitions containing 1.1 million signatures to get a marriage amendment to the state constitution on the November ballot. The proposed amendment provides that only marriage between a man and a woman is valid or recognized in California. The Secretary of State is expected to announce in mid-June whether there are enough valid signatures for the measure to actually be placed on the ballot. Liberty Counsel announced Friday that it would file a motion with the California Supreme Court asking it to stay the effectiveness of its ruling until after the November vote on the marriage amendment.

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.