Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, June 11, 2008
Are Drawings On Fence Religious Symbols or Graffiti?
A pagan couple in Des Moines, Iowa are appealing an order by the neighborhood inspections division that is demanding they remove graffiti from their fence. Homeowner Ryle MacPebbles however says the drawings are pagan religious symbols he placed on the fence to protect their home and ward off evil energy. He says the city is attacking his religion. Yesterday's Des Moines Register says that the city code defines as graffiti any "inscription, drawing, picture, letter, number, symbol or other written communication" on a surface not intended for such use.
French Court Denies Damages To Muslim Couple Who Barred Male Intern From Delivery Room
Al Arabiya reports today that a French appellate court in Lyon has ruled that a French Muslim couple are not entitled to damages from a hospital in their suit over neurological injuries suffered by their son during birth. The court said that the injuries are due to conduct of the child's father during the delivery. Radouane Ijjou, on religious grounds, physically barred a male intern from entering his wife's room for half an hour after a midwife asked for assistance with the labor.
Tuesday, June 10, 2008
Indonesia Stops Short of Dissolving Ahmadiyah Sect
On Monday, according to AFP, Indonesia's government issued a joint ministerial decree ordering the Ahmadiyah sect to "stop spreading interpretations and activities which deviate from the principal teachings of Islam" such as "the spreading of the belief that there is another prophet with his own teachings after Prophet Mohammed." However the government did not dissolve the group as had been recommended in April by the Coordinating Board for Monitoring Mystical Beliefs in Society. (See prior posting.) Islamists who have wanted the government to dissolve the sect are calling for "jihad" if he does not do so. Moderates, on the other had, fear that the government's order already is inconsistent with Indonesia's image as a democracy.
UPDATE: The June 16 Jakarta Post carries an interview with National Commission on Human Rights chairman Ifdhal Kasim who is critical of the government decree. He says it violates the International Covenant on Civil and Political Rights and gives the government too much power to interfere with religion.
UPDATE: The June 16 Jakarta Post carries an interview with National Commission on Human Rights chairman Ifdhal Kasim who is critical of the government decree. He says it violates the International Covenant on Civil and Political Rights and gives the government too much power to interfere with religion.
Michigan Township Will Vote On Tax To Buy Property Surrounding Cross
Lost in the furor over Michigan's Presidential primary is the fact that the state has a primary for state and local offices scheduled for August 5. Voters in Cross Village Township will also be casting their ballots on an unusual tax measure. The Harbor Springs (MI) Harbor Light reported two weeks ago on the proposed .25 mill levy to permit the township to purchase the property after which the township is named. More information is in an editorial in today's Petoskey News-Review. The property, on which sits a large white cross first put up by a Jesuit missionary, is currently owned by Tom Graham. Graham is willing to sell the property overlooking Lake Michigan to the township for the below-market-price of $150,000. To try to avoid church-state concerns, he would also donate a 20 x 20 foot plot actually surrounding the cross to Little Traverse Conservancy, a private land trust. The News-Review's editorial argues: "There has been a cross standing in Cross Village in one form or another since the late 17th century. In our eyes the cross in Cross Village is a monument, less a religious symbol and more of a historic representation of white settler impact in the region."
9th Circuit Certifies Public Forum Question To Califonia Supreme Court
In a case that has been winding its way through federal courts for eleven years, the U.S. 9th Circuit Court of Appeals has assured no early final resolution by certifying a question of state law to the California Supreme Court. In International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles, (9th Cir., June 9, 2008), the court asked the California Supreme Court to decide whether Los Angeles International Airport is a public forum under the Liberty of Speech Clause of the California Constitution. At issue is is a challenge by ISKCON to a Los Angeles ordinance that prohibits soliciting and immediately receiving funds at LAX. Yesterday's San Francisco Chronicle reports on the decision.
Newark Schools Settle Case Agreeing Not To Hold Graduations In Church Buildings
Yesterday's Newark (NJ) Star-Ledger reports that the ACLU has settled a lawsuit it filed against the Newark Public Schools on behalf of a Muslim student who was unable to attend his own high school graduation. Honor student Bilal Shareef's religious beliefs precluded him from entering a building containing religious icons such as a cross. West Side High School's 2006 graduation was held in the sanctuary of New Hope Baptist Church. In addition, any student who attended a Baccalaureate ceremony at the Basilica of the Sacred Heart Catholic Church got two extra tickets to graduation. In the settlement, described in an ACLU press release, the school district apologized to Shareef and his father, agreed not to hold student events in places of worship, and not to hold them in other religious buildings unless religious images are covered. The district also agreed not to give students special benefits based on whether they attend a religious event.
Canadian Panel Orders Pastor To Stop Publishing Anti-Gay Remarks
Life Site News today reports that a panel of the Alberta Human Rights and Citizenship Commission has issued its Decision on Remedy in the case of pastor Stephen Boissoin who had previously been found by the Commission to have incited hatred against homosexuals through a letter of his that was published in the Red Deer Advocate. (See prior posting.) In Lund v. Boissoin, (Hum. Rts. Panel AB, May 30, 2008), the Commission awarded $5000 in damages and ordered that "Mr. Boissoin and The Concerned Christian Coalition Inc. shall cease publishing in newspapers, by email, on the radio, in public speeches, or on the internet, in future, disparaging remarks about gays and homosexuals" and that "Mr. Boissoin and The Concerned Christian Coalition Inc. provide Dr. Lund with a written apology for the article in the Red Deer Advocate which was the subject of this complaint."
Obama Looks To Religious Voters For Support
The media are filled with stories on Barack Obama’s attempt to attract religious voters in the November election. CBN News reports that today Obama met with some 30 religious leaders in Chicago, including evangelicals, mainline Protestants and Catholics. Among those attending were mega-church Pastor TD Jakes and Prof. Doug Kmiec. In today’s Wall Street Journal, William McGurn writes a column suggesting that Obama is very different on religion than was John Kennedy. Obama believes that religion has a place in policy discussions in the public square. Meanwhile today’s New York Times reports that a new PAC, The Matthew 25 Network, is reaching out various religious communities—Catholics, moderate evangelicals, Hispanic Catholics and Protestants. Obama’s campaign already has staffers who focus primarily on Catholic and Jewish voters. He now plans to add a staffer to focus on evangelicals.
Sunday, June 08, 2008
Israeli President Receives Fruits and Vegetables In Honor of Shavuot
Tonight is the start of the Jewish holiday of Shavuot-- both a harvest festival and a celebration of the receiving of the Ten Commandments. Today's Jerusalem Post reports that on Thursday a delegation from the Fruit and Vegetable Growers Association presented Israeli President Shimon Peres with four baskets of fruits and vegetables. Shavuot was the first day on which individuals could bring the first fruits to the Temple in Jerusalem. (Background). The Jerusalem Post explains: "Since there is no longer a high priest and a Temple in Jerusalem to which farmers should bring their harvest offerings, the recipient of the first fruits of the harvest of the seven species is the head of state, namely the president."
Website Allows "Raptured" To E-Mail Their Friends
Today's Christian Post reports on a new website, YouveBeenLeftBehind.com. The site, designed for those who believe that the Rapture will physically lift them to heaven, allows subscribers to send pre-written e-mails to up to 62 people six days after the Rapture. The site sends the messages when least three of its five staff members fail to log in for six consecutive days. The site also allows the storage of encrypted financial documents that can be sent to up to 12 e-mail addresses and unencrypted documents that can be sent to up to 50 addresses. The website explains: "The unsaved will be 'left behind' on earth to go through the "tribulation period" after the "Rapture".... Imagine how taken back they will be by the millions of missing Christians and devastation at the rapture. They will know it was true and that they have blown it. There will be a small window of time where they might be reached for the Kingdom of God. We have made it possible for you to send them a letter of love and a plea to receive Christ one last time."
According to the Christian Post article, the service has a legal explanation for part of its service: "There won't be any bodies, so probate court will take seven years to clear your assets to your next of kin. Seven years, of course, is all the time that will be left. So, basically the Government of the Antichrist gets your stuff, unless you make it available in another way."
According to the Christian Post article, the service has a legal explanation for part of its service: "There won't be any bodies, so probate court will take seven years to clear your assets to your next of kin. Seven years, of course, is all the time that will be left. So, basically the Government of the Antichrist gets your stuff, unless you make it available in another way."
Bahrain Nominates Jewish Ambassador To U.S.
Reuters reports today that the Muslim country of Bahrain has nominated a Jewish woman to be its ambassador to the United States. Houda Nonoo is one of only about 35 Jews who live in Bahrain. She will be the first Jewish ambassador from a modern Arab nation. Some Shi'ite Muslims in Bahrain say the appointment is a public relations ploy intended to distract attention from discrimination against the majority Shi'ites by the ruling Sunnis. Most Jews in Bahrain-- a community once numbering 600 to 1000-- trace their roots to Iraq. Most Jews in Bahrain emigrated to Israel after anti-Jewish attacks in late 1947. (Background.)
Egypt Outlaws Female Circumcision
M&C, as well as Australia's Herald Sun, report that yesterday Egypt's Parliament passed legislation-- effective immediately-- outlawing female circumcision (except in cases of medical necessity). Members of the Muslim Brotherhood movement complained that the new legislation-- part of a children's rights law-- "contradicts with the Islamic jurisprudence and is brought from the West." In Egypt, some among both Muslims and Christians practice female circumcision. Parliament also passed a law setting the minimum age of marriage for both males and females at 18. (See prior related posting.)
OMB Watch Encourages Bright-Line Rule For Church Involvement In Politics
The non-profit group OMB Watch in a June 3 press release says it is encouraging the Internal Revenue Service to draft "a bright-line rule that unambiguously defines prohibited political intervention activities for charities and religious organizations..." Its letter to the IRS (full text) -- in response to an IRS request for comments on its 2008-09 guidance priorities-- says that the current "facts and circumstances test" threatens 1st Amendment rights of charities, including religious groups, because of the test's lack of clarity.
Oklahoma Governor Vetoes Religious Viewpoints Antidiscrimination Act
The Tulsa World reports that Oklahoma Governor Brad Henry on Friday vetoed HB 2633, the Religious Viewpoints Antidiscrimination Act [full text Word doc]. The bill allowed students to express religious viewpoints in school without discrimination and provided that they could include religious content in classwork and homework assignments. It also permitted the formation of religious organizations in schools on a equal footing with other noncurricular student groups. The paper reports:
Henry said students are already allowed to express their faith through voluntary prayer and other activities. He said the legislation was well-intended, but vague and "may trigger a number of unintended consequences that actually impede rather than enhance such expression."
Schools could be forced to provide equal time to fringe groups that masquerade as religions and advocate behaviors such as hate speech.
"Additionally, this bill would presumably require school officials to determine what constitutes legitimate religious expression, subjecting them to an explosion of costly and protracted litigation that would have to be defended at the taxpayers' expense," Henry said.
IRS Revokes Non-Profit Status of Two Religious Groups
In Announcement 2008-51 (June 2, 2008), the Internal Revenue Service announced the revocation of non-profit 501(c)(3) status for several organizations. Included were two religious groups: America’s Faith Centered Education Foundation, Inc. of Sandy, Utah and Prayer Works of Branson, Missouri.
District Court Refuses To Dissolve Injunction In InnerChange Case
Last year in a widely publicized decision the U.S. 8th Circuit Court of Appeals held that a government funded, faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.) Since the Iowa Department of Corrections has now terminated its contract with InnerChange, the program has ceased operation in Iowa, and InnerChange has paid back to the state all funds that the court had ordered it to return, in April the defendants in the case asked the federal district court to dissolve the injunction that had been issued.
In Americans United for Separation of Church & State v. Prison Fellowship Ministries, 2008 U.S. Dist. LEXIS 44291 (SD IA, May 19, 2008), an Iowa federal district court refused to do so at this time, but said it is wiling to reconsider dissolving the injunction in 18 months. In denying the current motion, the court said:
In Americans United for Separation of Church & State v. Prison Fellowship Ministries, 2008 U.S. Dist. LEXIS 44291 (SD IA, May 19, 2008), an Iowa federal district court refused to do so at this time, but said it is wiling to reconsider dissolving the injunction in 18 months. In denying the current motion, the court said:
[T]he injunction does not result in the Court "micro-managing the Iowa prison system," nor does it fail to "'take into account the interests of state and local authorities in managing their own affairs, consistent with the Constitution.'" ... Indeed, were the State to contract with InnerChange for services unsupported in any way by government funds, such contract would not violate the existing injunction and would not necessitate Court intervention or review.
... Defendants have not satisfied their burden to show that the cessation of the InnerChange program or the repayment of funds has made compliance with the injunction more onerous, unworkable, or detrimental to the public interest, such that the injunction should be dissolved.
Saturday, June 07, 2008
Jury Verdict Against Islamic Charity Officials Overturned
A federal judge in Boston last Tuesday overturned a jury's tax conspiracy verdict handed down in January against officers of a former Islamic charity. In the case, the government had charged that three defendants withheld information about Care International's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) According to the International Herald Tribune, U.S. District Court Judge Dennis Saylor IV concluded that prosecutors failed to prove that the group's leader, Samir Al-Monla, had conspired with Emadeddin Muntasser to lie to the IRS. The court however let stand Muntasser's conviction on charges of lying to federal officials and Muhammed Mubayyid's false statements and false tax return convictions. A written opinion will be filed to support the judge's oral ruling.
Yeminis Argue Over Creation of Religious Police Force
In Yemen, Islamists led by Sheikh Abdulmajeed al Zindani have asked President Ali Abdullah Saleh to create a 25-member national committee for the promotion of virtue and prevention of vice. Abu Dhabi's The National reports today that representatives of civil society organizations at the al Jawi Forum in Sana'a last week opposed the idea. They say that establishing a "religious police" is an unconstitutional attack on civil rights and free speech.
Ohio Supreme Court: Church Gets No Exemption For Property Acquired Mid-Year
In Sylvania Church of God v. Levin, (OH Sup. Ct., May 28, 2008), the Ohio Supreme Court held that a church could not obtain a tax exemption for property it acquired mid-year. An exemption is available for the year only if the property is owned by the applicant and used for an exempt purpose on January 1 of the year in question. It is not enough that the property is used for an exempt purpose before the application is filed later in the year.
Falun Gong In New York Have Been Attacked
Yesterday's Epoch Times reports that adherents of Falun Gong in Flushing, New York met this week with representatives of the New York Police Department to discuss physical and verbal attacks that have been directed at the Falun Gong. The paper says that China has spread false rumors, through its state-controlled media in the United States and in China, that Falun Gong practitioners have been blocking donations from getting to earthquake victims in Sichuan Province. Late last month, the Epoch Times reported that attacks on Falun Gong in New York occurred after reports spread through the Chinese community that Falun Gong was celebrating the deaths in the earthquake. The newspaper claims that the Chinese Consulate in New York was implicated in encouraging the attacks.
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