Federal Court Rejects Removal Of State Zoning Challenge

Friday's Aspen (CO) Times reports on the long battle by Grace Church in Emma, Colorado to build a new building on Highway 82. In 2005, Pitkn County commissioners denied the church's application, but then reversed their decision after the church filed a federal lawsuit under the Religious Land Use and Institutionalized Persons Act. Commissioners feared that otherwise the court would allow an even larger church building to be build. Neighbors of the new location, however, unhappy with the Commissioner's reversal, filed a lawsuit in state court claiming the commissioners failed to hold a public hearing on the project and violated the county's land-use code. In Emma Caucus Inc. v. Board of County Commissioners of the County of Pitkin, (D CO, May 21, 2008), the Colorado federal district court in which the RLUIPA case had been filed rejected Grace Church's attempt to remove the state court challenge to federal court. The district court said:

the state court complaint discloses that it has nothing to do with federal law, much less "arise under" federal law. It is a common-variety action to review an administrative zoning decision on the ground that the decision was an abuse of discretion, was procedurally defective, and failed to observe state and local laws concerning land use.

8th Circuit Finds No Standing In Parochial School Busing Case

In Pucket v. Hot Springs School District, (8th Cir., May 23, 2008), the U.S. 8th Circuit Court of Appeals held that plaintiffs lack standing to pursue their 1st and 14th Amendment challenge to a South Dakota school district's temporary termination of busing of students to Bethesda Lutheran School. Before a 2003 change in state law, the school district lacked statutory authority to provide busing to private and parochial schools. After the change in the law, plaintiffs never actually requested the school district to resume busing. The decision affirms the district court's dismissal without commenting on the merits of the underlying claim which had in part been reached by the lower court. (See prior posting.)

Midwife For Pennsylvania Amish Wins Reversal of Charges Against Her

In Goslin v. State Board of Medicine, (PA Commn. Ct., May 23, 2008), a Pennsylvania appellate court has reverse an order issued by the State Board of Medicine that had barred midwife Diane Goslin from continuing to practice as a midwife and had imposed a civil monetary penalty. Goslin has delivered babies for the Amish community for 24 years, but has never obtained a license because she is not a registered nurse as required by state law. (See prior posting.) The Commonwealth Court held that the practice of midwifery is not the practice of medicine. In connection with charges that Goslin violated the state's regulation of midwives, the court held that Goslin did not receive adequate notice of the charges being brought against her. The Medical Board charged her under statutory provisions relating to nurse-midwives, while in fact she was being charged under a different provision of law prohibiting the practice of midwifery without a state certificate by those who are not registered nurses. Yesterday's Philadelphia Inquirer reporting on the decision pointed out that the court left undecided whether non-nurses can still obtain certificates to practice as midwives in Pennsylvania.

California City Will Vote On Adopting "In God We Trust" As Motto

A California city is moving to adopt "In God We Trust" as its official motto. Friday's Fresno (CA) Bee reports that Porterville, CA has a measure on its June 3 ballot that calls for adopting the motto. The motto is already unofficially on display in city council chambers, but its official adoption will place it on city letterhead as well. Council Member Eddie Hernandez who supports the proposal said: "We need to bring faith back into our community. We need to show we believe in a higher being." [Thanks to Scott Mange for the lead.]

Texas Appeals In FLDS Custody Case; 12 Children Released

The Deseret News reports that on Friday the state of Texas filed an appeal with the Texas Supreme Court asking it to stay the order of a state appellate court and keep over 450 FLDS children in foster care pending appeal of the lower court's decision to return the children to their parents. The Department of Family and Protective Services filed a Motion for Emergency Relief and a Petition for Writ of Mandamus. The state argued not merely that returning the children would subject them to risk of harm, but also that until DNA testing is complete the state cannot properly match children to the correct parents. In their Response, counsel for the parents said that the identification argument is a "red herring".

Meanwhile, according to the AP, in San Antonio on Friday the state reached an agreement with attorneys for three FLDS families to temporarily return their children to them. The agreement came after the families filed lawsuits in Bexar County seeking release of their children. The families will remain in the San Antonio area under state supervision.

As individual hearings continue in the cases in San Angelo, the media gave a good deal of attention to a photo introduced by the state in one of the hearings. It shows now-arrested sect leader Warren Jeffs romantically kissing a 12-year old girl. Today's San Angelo Standard-Times reports that the evidence was introduced in the hearing on custody of an infant who is the niece of the young girl pictured with Jeffs. [Thanks to Melissa Rogers for the lead.]

Some Jewish Supporters Defend Rev. Hagee's Holocaust Remarks

While John McCain has publicly distanced himself from Rev. John Hagee over Hagee’s remarks about the Holocaust (see prior posting), according to today's Washington Times some Jewish supporters of Hagee have come to his defense. Rabbi Aryeh Scheinberg, an Orthodox rabbi from San Antonio, said that Hagee "interpreted a biblical verse in a way not very different from several legitimate Jewish authorities…. Viewing Hitler as acting completely outside of God's plan is to suggest that God was powerless to stop the Holocaust, a position quite unacceptable to any religious Jew or Christian." And David Brog, the Jewish executive director of Hagee’s Christians United for Israel, said: "This is a legitimate effort to grapple with the age-old question of why God allows evil in the world."

Massachusetts Church Sues Over Parking Lot Requirement

An historic church in Lanesville, Massachusetts last Monday filed a federal lawsuit against the city's zoning board which is refusing to allow the church to add a multi-use addition onto its original post-Civil War building. Friday’s Gloucester (MA) Daily Times provides details. At issue is whether the Orthodox Congregational Church of Lanesville will need to provide on-site parking as part of its proposed project. The city's zoning ordinance excludes "places of worship" from the parking requirement. However zoning officials say that the addition should be classified as a multi-purpose function hall that requires parking. The lawsuit alleges religious discrimination, violation of the church's free exercise and free expression rights and denial of equal protection of the laws.

South Carolina Legislature Authorizes "I Believe" License Plates

On Thursday the South Carolina Senate concurred with the House and sent to the governor for his signature S. 1329, a bill authorizing the state to produce specialty license plates that "contain the words 'I Believe' and a cross superimposed on a stained glass window." The American Jewish Congress has urged Gov. Mark Sanford to veto the bill, saying it singles out one faith for special treatment. Reporting on this, The State on Thursday says that proponent argue this merely gives individuals a choice to express their personal religious beliefs on their own automobiles. The Charlotte Observer reported on Friday that House Speaker Bobby Harrell said he believes a House amendment removes constitutional problems. The enacted version provides that the issuance of the plates must comply with 2006 legislation (SC Code of Laws, Sec. 56-3-8100) requiring the Department of Motor Vehicles to have 400 prepaid orders, or an advance of $4000 from a private group, before issuing specialty plates. [Thanks to Scott Mange for the lead.]

McCain Breaks With Hagee Over Controversial Sermon From 1990's

A number of newspapers, including the New York Times and the Washington Post, reported yesterday that Republican presidential candidate John McCain has formally rejected the earlier endorsement he received from controversial televangelist Rev. John C. Hagee. Hagee, who is pastor of Cornerstone Church in San Antonio, was also a founder of Christians United for Israel. McCain's statement came after an audio recording of a Hagee sermon from the 1990's became available in which Hagee said that the Holocaust was part of God's plan foretold in the Old Testament Book of Jeremiah. This disclosure followed a series of others about controversial Hagee statements. About the same time that McCain announced his break, Hagee issued a statement withdrawing his endorsement of McCain and ending any active role in the campaign in order to prevent his remarks being used politically against McCain. Newsweek has the full text of both McCain's and Hagee's statements.

Later yesterday McCain also rejected the endorsement of Ohio preacher Rod Parsley who has said that Islam is an inherently violent religion. (AP). An article published in Mother Jones in March outlines some of Parsley's other anti-Muslim remarks.

British Tribunal Finds Religious Discrimination By Christian Charity Group

In Britain last week, an Employment Tribunal in Abergele (Wales) held in two cases that a Christian charity, Prospects for People With Learning Disabilities, violated Britain's Employment Equality (Religion or Belief) Regulations 2003. The British Humanist Association issued a release discussing the facts:

Prospects, a Christian charity which receives public money for its work with people with learning disabilities, and which had previously employed a number of non-Christian staff and volunteers ... in 2004 ... began recruiting only practising Christians for almost all posts, and told existing non-Christian staff that they were no longer eligible for promotion.

The Equality Regulations have an exception where a particular religion or belief is a genuine occupational requirement. BHA Chief Executive Hanne Stinson said: "The Tribunal’s judgment makes clear that a court will make an objective assessment of what a 'religious ethos' is, and states that it is not for the religious organisation itself to define its ethos, where this does not accord with reality on the ground." The cases are Sheridan v. Prospects for People With Learning Disabilities, (May 13, 2008) and Hender v. Prospects for People With Learning Disabilities, (May 13, 2008). Today's Reading Evening Post discusses the allegations in each of the cases. Mark Sheridan was a manager who objected to being forced to hire only Christians. Louise Hender claimed she was denied a promotion because she was not a Christian.

South Carolina Legislature Passes Public Invocation Act

A news release from Alliance Defense Fund reports that on Wednesday the South Carolina legislature passed the South Carolina Public Invocation Act, S. 638. The law provides that state or local governing bodies may open their sessions with prayer offered on a rotating basis by members of the body, on a rotating basis from a wide pool of the religious leaders serving established religious congregations in the local community, or by a chaplain elected by the governing body.

House of Lords Bars Suit Against Nuns on Limitations Grounds

Britain's House of Lords this week dismissed claims filed by two women and a man alleging beatings and abuse many years ago by nuns of the Poor Sisters of Nazareth. The alleged abuse took place at a Nazareth House home in Glasgow. The case, a test case for several hundred others as well, was not filed until a newspaper expose of the abuse published in 1997. Plaintiffs in Bowden v. Poor Sisters of Nazareth, (House of Lords, May 21, 2008), unsuccessfully asserted that the court should have invoked a provision in the relevant statute of limitations that allows the court to decide it is equitable to permit the suit to be brought despite the running of the limitations period. Yesterday's Aberdeen Scotland Press and Journal reported on the decision.

Iran Arrests Seven Baha'i Leaders

Canada's Metro News reports that in Iran last week, six Baha'i leaders were arrested and accused of endangering national security. A seventh had been arrested in March. A government spokesman accused them of having "connections with foreigners, especially the Zionists." Yesterday the Baha'i International Community issued a statement accusing Iran of persecuting Baha'is solely because of their faith and denying allegations that any security concerns were involved. On Wednesday, the European Union urged Iran to end its persecution of Baha'is.

Cayman Islands Constitutional Proposal Responds To Concerns of Christians

Cayman Net News today published the latest version of the proposed new Constitution being drafted for the Cayman Islands. Earlier this year, Christians in the country expressed concern over the impact of a Bill of Rights on the country's traditional Christian heritage. (See prior posting.) the latest proposals appear to respond to these concerns, saying:

• It must be clear that the Bill of Rights will not affect our Christian traditions, in particular religious instruction in schools, or prayers in schools or public places.
• It must be clear that the Bill of Rights will not apply to controversial areas such as the recognition of sex change, gay marriage, or more liberal abortion laws.
• Although freedom of religion is an essential part of the Bill of Rights, it must be clear that the Government can still ban religious practices or preaching in the interests of public safety, public order, public health or public morality.

Texas Appellate Court Says State Lacked Grounds To Take FLDS Children Into Custody

Thirty-eight mothers of FLDS children taken from the YFZ Ranch in Eldorado, Texas, have succeeded in their challenge to the taking of their children into state custody. A Texas state court of appeals today ruled that the Texas Department of Family and Protective Services "failed to meet its burden under section 262.201 of the Texas Family Code to demonstrate (1) that there was a danger to the physical health or safety of their children, (2) that there was an urgent need for protection of the children that required immediate removal of the children from their parents, or (3) that the Department made reasonable efforts to eliminate or prevent the children's removal from their parents."

In In re Sara Steed, et. al., (TX Ct. App., 3d Dist., May 22, 2008), the court said that DFPS failed to show any physical danger to boys or young girls, and as to older girls it showed only that they live among a group of people who have a pervasive system of belief that condones polygamy. It did not show that any of the specific children here were in danger from the beliefs. The court ordered the lower court to vacate its temporary orders granting sole managing conservatorship of the children to DFPS. It said it would issue a writ of mandamus if the lower court did not comply. CNN reports on the decision. (See prior related posting.)

UPDATE: The same court today issued a similar order in In re Louisa Bradshaw. et. al., a companion case posing the same issues. [Thanks to How Appealing for the lead.]

9th Circuit Oral Arguments Held In Berkeley Evolution Website Case

On May 14, the 9th Circuit Court of Appeals heard oral arguments (audio recording) in Caldwell v. Caldwell, (Case No. 06-15771). The case involves a claim by a Santa Rosa couple that a University of California, Berkeley, website titled "Understanding Evolution" was used to promote religious beliefs of groups that support evolution. (See prior posting.) Without reaching the merits, the district court court held that plaintiffs lacked standing. The Pacific Justice Institute which represents plaintiffs in the case issued a May 12 press release regarding the then-upcoming 9th Circuit arguments.

NY Federal Court Says Insufficient Facts To Apply Ministerial Exception Doctrine

In Rojas v. Roman Catholic Diocese of Rochester, 2008 U.S. Dist. LEXIS 40386 (WD NY, May 19, 2008), a New York federal district court held that at this point in the litigation it does not have enough facts to decide whether the "ministerial exception" calls for dismissal of a claim under Title VII and the New York Human Rights Law. Plaintiff Sandra Rojas-- an Hispanic Migrant Ministry coordinator-- claimed "hostile environment" employment discrimination on the basis of sex, and retaliation. The court said that at this stage it is unable to determine whether the dispute over Rojas' firing is religious in nature. Also, at this point there was no evidence that adjudication of Rojas' hostile environment claims would necessarily involve examination of religious doctrines. The court however dismissed plaintiff's retaliation claim on other grounds, with leave to replead that the retaliation involved was her dismissal.

County Employees Will Not Be Forced To Perform Same-Sex Marriage Ceremonies

While the California Supreme Court has legalized same-sex marriage (see prior posting), San Diego county will not force objecting employees to perform same-sex ceremonies. Yesterday's San Diego Union-Tribune reports that County Assessor-Recorder-Clerk Greg Smith has told the 115 employees who are deputized to conduct ceremonies to inform him if they have objections. Smith says it would not be fair to same-sex couples to have their weddings performed by someone who objects to the ceremony. County Counsel says, however, that objecting employees must have "legitimate religious or moral reasons" for refusing.

UCC Cleared By IRS In Complaint About Obama Speech At Synod

In a determination letter issued May 13 (full text) the Internal Revenue Service cleared the United Church of Christ of charges that it improperly engaged in partican political activity when Barak Obama spoke at the church's June 2007 General Synod. (See prior posting.) A UCC news release yesterday summarized the IRS findings. Obama was invited to address the Synod well before he announced his candidacy and he was invited to speak on how his personal faith impacted his public life. UCC told those attending that Obama was not there as a candidate for office. IRS also concluded that tables set up by Obama volunteers near the Synod were not authorized by UCC and were on public sidewalks outside of UCC's control.

High School Principal Resigns Over Equal Access Act Requirement

In Irmo, South Carolina, Irmo High School Principal Eddie Walker says he will resign effective at the end of the 2008-09 school year after the school district told him to allow the formation of a Gay-Straight Alliance chapter at the school. WIS-TV reports school district attorneys determined that under the federal Equal Access Act, either the club must be permitted or all non-curricular organizations would need to be banned. In a letter (full text) announcing his resignation, Walker said: "My decision to resign is a personal choice based on my professional beliefs and religious convictions. I have prayed about the decision for a period of time and I have a peace about it.... I bear no malice towards anyone involved. If the people involved at the district level had chosen not to allow the club to form I am sure the district would have been sued and ... in all likelihood ... would have lost."