Delaware High Court Refuses Review In Clergy Sex Abuse Case

The Delaware Supreme Court on Tuesday refused to accept an appeal in Whitwell v. Archmere Academy, Inc., a case in which the Superior Court upheld the statute of limitations window created by the state's 2007 Child Victim Act. (See prior posting.) The Superior Court had certified the question of law involved in its decision to the Delaware Supreme Court under Sup. Ct. Rule 41 on the basis that the issue was one of first instance in the state. The Supreme Court however declined to review at this stage the trial court's holding that no due process problem arises from changing the rules to allow a previously time-barred civil action to be filed. The case involves a suit by a victim of clergy sexual abuse against Archmere Academy and three branches of the Norbertine order. Yesterday's Wilmington (DE) News Journal reported on the case.

United Methodists Endorse Teaching of Evolution As Consistent With Theology

At its General Conference that concluded earlier this month, the United Methodist Church adopted three resolutions supporting the teaching of evolution in public schools. The National Center for Science Education reports on the United Methodists' policy statements. Petition 80839 opposes the the introduction of faith-based theories such as Creationism or Intelligent Design into the public school science curriculum. Petition 80050, as amended, declares that "science's descriptions of cosmological, geological, and biological evolution are not in conflict with theology." Finally Petition 80990 endorses The Clergy Letter Project and its programs to reconcile religion and science.

US Warns Maldives About Proposal To Limit Citizenship To Muslims

U.S. Ambassador to the Maldives, Robert Blake, said at a press conference on Tuesday that the United States government has expressed concern over wording in the current draft of the Maldives proposed new constitution. The document provides that : "A non-Muslim may not become a citizen of the Maldives." Minivan News reported yesterday that Ambassador Blake warned the provision is in conflict with the Maldives international obligations-- presumably under the International Covenant on Civil and Political Rights. The country's current Constitution (Sec. 134) limits the right to vote to Muslims, but does not explicitly limit citizenship on the basis of religion-- though legislation requires foreigners seeking to be naturalized to be Muslim. The new constitution would revoke citizenship of any current non-Muslim citizens. Information Minister Mohamed Nasheed has written on his personal blog: "... it will be very difficult for Maldives mentality to accept Maldives citizens may belong to a different faith. It will be seen as an offense to the state of Maldives and an insult to being Maldivian, thus demanding serious reprisal." (See prior related posting.)

Residents of Israeli Town Burn Bibles Distributed To Them By Missionaries

Israel Insider today reports that in the Israeli town of Ohr Yehuda, the battle between traditional Jews and Messianics attempting to convert town residents hit a new level of intensity on Monday. Jews in the town, at the urging of a soundtruck going down a city street, brought copies of the New Testament and other Christian texts that had been distributed to them, for burning. While the Shas religious party complained about the level of missionary activity, Deputy Mayor Uzi Aharon said he merely urged Ohr Yehuda residents to discard the materials distributed to them. He denied inciting book burning. He also said his statements were his personal views, not those of the municipality. An editorial in the Israeli daily paper Ma'ariv (summarized in English by the Israel Ministry of Foreign Affairs) condemned the actions of the town's residents, saying: "The burning of copies of the New Testament by a Shas member raises memories of the burning of books during the Inquisition and the Third Reich."

UPDATE: A report Thursday by the Christian Post Reporter gives more details on the incident and indicates that Deputy Mayor Uzi Aharon apologized for the burnings which he said were carried out by yeshiva students that he had initially organized to collect, largely from Ethopian Jews, packages given to them by Messianics.

Religious Discrimination Charged In Pentagon's Investigation of Spy Claims

Today's New York Sun reports on the case of Army tank engineer David Tenenbaum who says that religious discrimination was part of the reason he was targeted in an investigation that initially alleged that he was a spy for Israel. The U.S. Attorney's Office declined to prosecute Tenenbaum because the government did not have sufficient evidence to back up its charges. The Pentagon's Inspector General investigated the case and concluded that "Mr. Tenenbaum experienced religious discrimination when his Judaism was weighed as a significant factor in the decision to submit him for an increase in his security clearance." However the IG's report has not been published and the Pentagon general counsel's office has begun its own investigation that the IG says is designed to undercut the findings of employment discrimination in the IG's report. The Project on Government Oversight has more on the case.

Maryland Church Sues Over Utility Denial

Today's Gaithersburg (MD) Gazette reports that a Silver Spring (MD) congregation, Bethel World Outreach Ministries has filed a federal lawsuit against the Montgomery County Council charging racial and religious discrimination in its denial of Bethel's application to run utility service to a rural parcel of land in Germantown. Bethel had planned to build a church with a capacity of 3,000 on the land. The county says that Bethel's proposal violates its rules because pipes would run through nearby properties not eligible for water and sewer service.

New Developments In Westboro Baptist Church Litigation

Today's Topeka (KS) Capital-Journal reports on two developments relating to Topeka's anti-gay Westboro Baptist Church and its members who have gained notoriety for picketing funerals of Iraq war veterans. (Background.) On Monday the U.S. 4th Circuit Court of Appeals refused to stay collection of the $5 million Maryland federal district court damage award against church leaders growing out of their picketing of the funeral of Marine Lance Corporal Matthew A. Snyder. (See prior posting.) Meanwhile, on Tuesday the Kansas Court of Appeals heard arguments on whether the pickup truck that Westboro uses to carry its picket signs is exempt from personal property tax. At issue is whether the messages on the signs are religious or political. The Board of Tax Appeals ruled the truck was subject to taxation, finding that there was at least some political content in the signs.

MN Court Rejects Establishment Clause Challenge To Clergy Sexual Conduct Law

Today's Winona (MN) Daily News reports that a Winona County District Court has rejected a facial Establishment Clause challenge to Minnesota's clergy sexual conduct statute. In a decision last year, the Minnesota Supreme Court divided evenly on whether the statute is facially invalid under the Establishment Clause. (See prior posting.) The Winona County case against Rev. Donald Dean Budd had been delayed pending the Supreme Court's decision. Now Winona County Judge Jeff Thompson ruled: "The defendant has not demonstrated that all or most applications of the clergy sexual conduct statute would foster excessive entanglement of government and religion." At issue was a provision in MN Stat Sec. 609.344 that prohibits sexual relations "during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private."

Tennessee Legislature Authorizes Courses On Bible and Its Influence

The Tennessee legislature has passed and yesterday sent to Gov. Phil Bredesen for his signature HB 4089 that authorizes "the state board of education to develop and adopt a curriculum for a state funded elective course consisting of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics." Attorney General Opinion 08-74 (April 1, 2008) concluded that the bill, with various protections in it, is consistent with the Establishment Clause. Attorney General Opinion 08-105 (May 7, 2008), warned that a then-pending amendment to remove certain guidelines for the course would make it more likely that a Bible course would be taught in an unconstitutional manner. The Paris (TN) Post-Intelligencer says that currently less than 20% of Tennessee's counties offer Bible courses in their schools. [Thanks to Scott Mange for the lead.]

Wiley Drake's Church Cleared of IRS Campaign Violations

California Southern Baptist pastor Wiley Drake has been cleared by the IRS of charges that his Buena Park First Southern Baptist Church violated tax code restrictions on non-profit organizations by endorsing Mike Huckabee in the Republican presidential primary this year. According to yesterday's ABP News, at issue were an e-mailed endorsement written on church letterhead and an endorsement made on an Internet radio program broadcast from church property. The IRS concluded, however, that Drake made the endorsements in his personal capacity, and not on behalf of the church. (Full text of IRS May 12 letter.) Melissa Rogers, reporting on these developments, indicates that the original complaint against Drake was filed by Americans United for Separation of Church and State. Subsequently Drake called for Imprecatory Prayer against AU leaders. (See prior related posting.)

Ugandan University Bars Muslim Women From Wearing Head Coverings In Exams

In Uganda, Makerere University has angered Muslims by banning students wearing head coverings from entering examination rooms. The ban primarily affects Muslim women. New Vision yesterday reported that university officials say they are trying to prevent cheating by preventing students from carrying jackets, scarfs, caps and sweaters into exams. Presumably the directive is intended to prevent those taking exams from hiding unauthorized material. However Muslim students say this is an attack on the Muslim faith. They protested by marching from the university mosque to the main building carrying signs such as one reading: "Accord Islam value, don’t undress our Muslim sisters."

British Registrar's Religious Discrimination Suit Heard By Tribunal

Today's London Mail reports that in Britain, a London employment tribunal yesterday heard arguments in a religious discrimination case brought by civil marriage registrar Lillian Ladele. Ladele says that the Islington council violated her rights when it insisted that in order for her to keep her position she would be required to perform civil partnership ceremonies for same-sex couples. Ladele, a Christian, claims that as a matter of religious principle she cannot perform the ceremonies. She told the hearing examiner that she was picked on and bullied on a daily basis at work.

Canada's High Court To Hear Case On Mature Minor's Relgious Rights

Canada's Supreme Court today will hear arguments in A.C. v. Director of Child and Family Services, a case raising the question of whether mature minors have the right under Canada's Charter of Rights and Freedoms to refuse a blood transfusion on religious grounds. Today's Toronto Globe and Mail reports that the question is raised by a 14-year old Winnipeg girl who was forced to have a blood transfusion to replace blood lost through Crohn's disease even though she claimed the procedure violated her Jehovah's Witness beliefs. Manitoba's Child and Family Services Act authorized doctors to ignore the minor's objections. A summary by Canada's Supreme Court frames the issues in the case:

Whether provisions of The Child and Family Services Act, C.C.S.M. c. C80 are unconstitutional on the basis that they infringe child’s rights under ss. 2(a), 7 and 15(1) of the Charter - If so, whether infringement is justified as a reasonable limit - Should capacity or an arbitrary legislated age determine a capable patient’s Charter right to make medical treatment decisions - Does s. 1 of the Charter require the state to lead compelling evidence justifying arbitrary age legislation that overrides a capable patient’s medical treatment decisions.

UPDATE: The Canadian Press reports on Tuesday's oral arguments in which the parties sparred over the constitutionality of Manitoba's law.

New York Court Refuses Comity to Israeli Divorce Based On US Religious Decree

In Tsirlin v. Tsirlin, (NY Sup. Ct. Kings Co., May 14, 2008), a New York state trial court refused to recognize the validity of a divorce decree issued under unusual circumstances by an Israeli Rabbinical Court. The couple involved are Israeli citizens now living in New York. The Israeli decree was based on a religious divorce ("Get") issued by a rabbinical tribunal in Brooklyn. The Israeli court issued its decree after the husband's father presented the Brooklyn "Get" to the court. Neither party appeared before the Israeli tribunal. Subsequently, husband Alexander Tsirlin filed for divorce in New York, but wife Alla Tsirlin moved to dismiss on the ground that they were already divorced. The court rejected her motion, holding:

If this court were to sanction the utilization of a "Get" to circumvent the constitutional requirement that only the Supreme Court can grant a civil divorce, then a party who obtains a "Get" in New York could register it in a foreign jurisdiction and potentially, later on, rely on the"Get" to obtain a civil divorce in New York thereby rendering New York Stae's [sic.] Constitutional scheme as to a civil divorce ineffectual (New York State Constitution, Article 1 Section 9 . . . nor shall any divorce be granted otherwise by judicial proceedings). It would have the practical affect [sic.] of amending the Domestic Relations Law section 170 to provide a new grounds for divorce.

Today's New York Law Journal reports on the decision.

Hearings Begin In FLDS Custody Cases; Vague Service Plans Protested

The AP and the Salt Lake Tribune report on hearings that began yesterday in the custody proceedings for over 460 children taken from the FLDS ranch in Eldorado, Texas. Five judges are conducting the hearings which, it is expected, will run for three weeks. Nearly identical "service plans" were proposed in each case as a condition to return of children to their parents. More individualized tailoring of the plans is expected in the future. However attorneys for the parents say the service plans are vague and it is unclear exactly what parents need to do. The plans generally require parents to get counseling and vocational training, obtain psychological evaluations and attend parenting classes. Authorities hope to reunify families by next April. In the meantime, parental visits are difficult or impossible as the children have been scattered around the state, up to 650 miles apart. It is unclear under the plans whether the children will be allowed to return to the Yearning for Zion Ranch. The plans merely call for a "safe" environment for the children. It is also unclear whether parents will be able to continue home schooling their children.

UPDATE: Child welfare officials are banning any mention of FLDS leader Warren Jeffs to the children in state custody. Tuesday's Houston Chronicle reports that family members visiting children in foster care may not mention Jeffs, and children may not have copies of the Book of Mormon if they have Jeffs picture or signature in them.

Danish Government Will Ban Judges From Wearing Religious Garb or Symbols

Denmark's government, reacting to pressure from the anti-Muslim Danish People's Party, says it will ban Danish judges from wearing headscarves and other religious or political symbols in their courtrooms. The ban will also extend to crucifixes worn by Christians, skull caps worn by Jewish judges and turbans worn by Sikhs. However the ban is seen as mainly directed toward Muslims, and, according to BBC News, Danish diplomats in Muslim countries expect the decision to lead to a new wave of protests. Danish Justice Minister Lene Espersen, however, says the ban is intended to assure that judges appear neutral and impartial. (See prior related posting.)

Survey Finds 16% of High School Biology Teachers Believe In Creationism

New Scientist yesterday reported that a Pennsylvania State University professor's survey of high school biology teachers reveals that 16% of them hold young earth creationist views. Prof. Michael Berkman's research found that approximately one in eight of the 939 teachers responding to the survey say they believe human beings were created by God within the last 10,000 years. Some 25% of the biology teachers responding say they devote some class time to creationism or intelligent design. Almost half of that group teach one of these as a valid scientific alternative to evolution.

Cultural Identity Charter School Ordered To Make Two Changes In Operations

After a Minneapolis newspaper columnist charged that the Terek ibn Ziyad Academy, a cultural identity publicly-funded charter school, had breached the line between church and state (see prior posting), the Minnesota Department of Education this month conducted a review of the Inver Grove (MN) school's operations. As reported by yesterday's Minneapolis Star Tribune, and by a Department of Education press release, the school was ordered to make changes in two areas of operation.

The Department found that the school's 30-minute Friday prayer service held on school premises cut excessively into required instructional time. Permitting teachers to pray along with students at the service was also improper governmental endorsement of religion. Finally the Department said that busing schedules need to be changed. The 30% of the students who do not participate in after-school activities must be offered transportation immediately after classes end. The most popular after-school session is a religious studies course run by the Muslim American Society. The school's executive director told the Star Tribune that most significant was the fact that the state found no problems with the school's curriculum.

US Serviceman In Iraq Infuriates Muslims By Using Quran For Target Practice

CNN reports today on the furor that has been created by a U.S. staff sergeant in Iraq who earlier this month used a Quran for target practice at an Iraqi police station. Last Saturday, the U.S. commander of forces in Baghdad, Maj. Gen. Jeffery Hammond, appeared at a formal apology ceremony. Not only did he speak, but part of a letter of apology from the staff sergeant was read and another military official kissed a Quran and presented to tribal leaders at the ceremony. The offending serviceman, a leader of a sniper unit, has been relieved of duty in Iraq, reprimanded and redeployed back to the United States. However the Iraqi Islamic Party says this is not enough. Sheikh Hamadi al-Qirtani called the shooting "aggression against the entire Islamic world."

UPDATE: CNN reported on Tuesday that Iraqi Prime Minister Nuri al-Maliki's office has said that President Bush has apologized for the soldier's actions. However White House National Security Council spokesman Gordon Johndroe said that Bush, during his regularly scheduled teleconference with al-Maliki, expressed "deep concern" but stopped short of apologizing.

Proposed Religion Classes Stir Controversy In Bosnia-Herzegovina

In Bosnia and Herzegovina, proposals to introduce optional instruction in religion into kindergarten classes in Sarajevo have created controversy. Today's Southeast European Times reports that Bosnian Muslim parents generally favor the plan, while non-religious parents opposed to the plan have begun to circulate a petition captioned "Stop Religious Segregation in Kindergarten." The OSCE says that any plan needs to create a sense of inclusiveness in the multi-ethnic country.