Michigan Appellate Court Holds State Recognizes Ministerial Exception

In Weishuhn v. Diocese of Lansing, (MI Ct. App., May 22, 2008), a Michigan state court of appeals held that the "ministerial exception" exists under Michigan law to bar discrimination claims under the state's Elliott Larsen Civil Rights Act. According to the court, the doctrine "precludes subject matter jurisdiction over claims involving the employment relationship between a religious institution and its ministerial employees." The court remanded the case to the trial court for it to determine whether plaintiff, a mathematics and religion teacher at St. Mary’s Elementary School in Mount Morris, Michigan, was a "ministerial" employee. The trial court was ordered to consider whether the teacher had primarily religious duties of religious significance, whether her position was primarily religious and whether her functions were essentially liturgical. In the case, teacher Madeline Weishuhn alleges retaliatory termination.

Santeria Priest Seeks Records On Florida Police Raid

In Coral Gables, Florida, a Santeria priest is threatening to file suit if the city continues to refuse his public records request to obtain documents relating to a June 8, 2007 police raid on a ceremony taking place in a private home. The ceremony, being performed by Santeria priest Jesús Suarez, includes the sacrifice of several animals. It appears that neighbors complained to police that they could hear the animals suffering. Yesterday's Miami Herald reports that about two dozen officers came to the home with guns drawn and held participants in the ceremony against their will for several hours. Ernesto Pichardo, president of the Church of Lukumi Babalu Aye, hired an attorney to file the request to determine whether the raid violated the religious freedom of Santeria members. Pichardo successfully challenged Hialeah, Florida's ban of animal sacrifice in the US Supreme Court in 1993.

Egyptian Film Maker Faces Hurdles In Producing Movie On Muslim View of Jesus

An Egyptian film maker, Mohammad Aziziah, is facing multiple legal hurdles as he plans to produce a film titled The Arab Messiah. Gulfnews today reports that the film will reflect the Quranic view that instead of being crucified, Jesus was raised alive to heaven. In the planned movie, Jesus will speak Arabic and be portrayed by an Arabic actor. Najeeb Gabriel, who is an adviser to Egypt's Coptic Christian Pope Shenouda, said that he plans to file suit to stop production of the movie or to have the script changed to reflect the Christian view of Jesus death. Meanwhile Ebrahim Al Fayoumi, the Secretary General of Al Azhar's Islamic Research Centre, said that his organization will ban the move. The Centre has authority under Egyptian law to license religious dramas. It bans all movies that present a personal portrayal of prophets on the ground that this detracts from prophets' spiritual importance.

Clinton Speaks At Puerto Rican Church

Presidential candidates continue the practice of speaking from church pulpits on Sunday mornings, despite IRS concerns over implied political endorsements by non-profit organizations. Yesterday, according to the AP, Hillary Clinton "offered a spiritual defense for continuing her presidential campaign" as she spoke to the congregation at the Pabellon de la Victoria evangelical church in Hormigueros, Puerto Rico. The appearance began with an hour of religious singing and dancing led by a band and chorus. It is unclear whether the church also invited other candidates to appear.

Presidential Proclamation, Radio Address Mark Memorial Day

Last week, the President issued his "Prayer for Peace, Memorial Day 2008" Proclamation (full text), which reads in part:

In respect for their devotion to America, the Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

While President Bush, in his Saturday radio address (full text) called on Americans "to honor the sacrifices of those who have served you and our country," one small fringe group disagreed. On Friday, for about an hour before a Memorial Day service in Stuart, Florida's Veterans Memorial Park, members of the anti-gay Topeka, Kansas Westboro Baptist Church carried signs with slogans such as "God killed your sons." Protester Ben Phelps told TCPalm : "This country has made an occupation ... of worshipping these dead soldiers.... In fact, the only thing they're fighting for is for (homosexuals) to marry."

Amish Refuse To Follow Sewage Disposal Code

In Ebensburg, Pennsylvania, members of the small Swartzentruber Amish community are at odds with county officials over handling of waste from two out houses at the community's school. Sunday's Mansfield (PA) News Journal reports that the Amish group has religious objections to complying with code requirements that the waste be collected in a holding tank and disposed of by a certified sewage hauler. Instead, the Amish group collects the waste in plastic buckets and dumps it on their fields. Andy Swartzentruber, on whose land the outhouses sit, and school elder Sam Yoder, have each been fined $500 for violating the state sewage disposal law. Yoder says that he will go to jail rather than abide by the sewage disposal requirements. The Cambria County Sewage Enforcement Agency and other officials are trying to work out a compromise with the religious group.

Humanitarian Group Is Religious Organization Under Title VII

In Spencer v. World Vision, Inc., 2008 U.S. Dist. LEXIS 40938 (WD WA, May 21, 2008), a Washington federal district court was called on to determine whether World Vision, Inc. is a "religious association" under Title VII of the 1964 Civil Rights Act. Applying a 9-factor test, the court decided that the nonprofit Christian humanitarian organization at issue meets the requirements for a religious organization and thus, under 42 USC Sec. 2000e-1(a) is exempt from Title VII's ban on religious discrimination in employment.

High Schooler Wants To Wear Eagle Feathers On Graduation Robe

In Pembroke, North Carolina, high school senior Corey Bird wants to wear eagle feathers on his graduation gown to honor his grandparents. Friday's Fayetteville (NC) Observer reports that Bird, whose father is Lumbee and Sisseton-Wahpeton Sioux, was told by Purnell Swett High School Principal Antonio Wilkins-- himself a Lumbee-- that school policy bans the wearing of messages, signs and the like on caps and gowns. The legal director for the ACLU of North Carolina says, however, that Bird has a good case for wearing the feathers as an exercise of his religious freedom. (Faytetteville Observer).

UK Will Not Prosecute Anti-Scientology Picket

Friday's London Guardian reports that Crown Prosecution Service has decided it will not prosecute a 16-year old boy for carrying a sign outside the headquarters of the Church of Scientology earlier this month accusing it of being a "dangerous cult". City of London police had issued a summons to the boy after he refused to put down the sign. Police claimed he violated the Public Order Act (as amended by the Racial and Religious Hatred Act of 2006) by inciting religious hatred. The Prosecution Service decided however, that the sign was neither "abusive or insulting" and therefore did not violate the law.

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.