Jehovah's Witnesses Allegedly Being Targed By Russian Authorities

The Other Russia reported yesterday that government authorities in a number of Russian regions have increasingly moved against members of the rapidly-expanding Jehovah's Witness faith. In Yekaterinburg, Federal Security Service (FSB) agents seized literature that allegedly incited hatred and promoted the exclusivity of the Jehovah's Witness faith. In the Rostov Oblast, Jehovah's Witnesses are being tried for "extremism" under Article 282 of the Russian Criminal Code that prohibits "Incitement of National, Racial, or Religious Enmity". In Murmansk, Jehovah's Witnesses were prevented from holding services scheduled for a stadium under a law that prohibits using sporting facilities for religious purposes.

UPDATE: A Forum 18 report on July 22 says that Russian authorities have prevented about eight Jehovah's Witness congresses being held this summer while about thirty have gone ahead.

Recently Available Prisoner Free Exercise Cases

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 51362 (WD WI, July 3, 2008), a Wisconsin federal distict court permitted an inmate who claimed to be an "hereditary shaman" to proceed on his RLUIPA claim alleging that his religious exercise was substantially burdened when officials refused his request for prayer beads.

In Copenhaver v. Burnett, 2008 U.S. Dist. LEXIS 53040 (ED MI, July 11, 2008), a Michigan federal district judge agreed with a magistrate's recommendation to dismiss a Jewish inmate's claim that in 2006 he was prevented from celebrating a Passover Seder. In ordering dismissal the judge accepted some, but not all, of the magistrate's conclusions. UPDATE: The Magistrate's recommendations are at 2007 U.S. Dist. LEXIS 97373.

In Brown v. D.O.C. PA, (3rd Cir., Feb 19, 2008), decided several months ago, the U.S. 3rd Circuit Court of Appeals agreed with the district court that an inmate had not shown that he was placed in solitary confinement in retaliation for his religious beliefs. It also rejected plaintiff's First Amendment claim arising from authorities taking from him a newspaper published by the Five Percenters (Nation of Gods and Earths).

Ministerial Exception Held To Apply To Title IX Cases

A decision handed down several months ago by a Pennsylvania federal district court in a long-running sex discrimination case has just become available on Lexis. In Petruska v. Gannon University, the 3rd Circuit in 2006 held that the "ministerial exception" prevented a female chaplain at Gannon University, a diocesan college, from bringing a Title VII employment discrimination claim that she was demoted solely because she was a woman. (See prior posting.) The Supreme Court denied cert. Then Ms. Petruska attempted to amend her complaint to allege discrimination in violation of Title IX which applies to colleges receiving federal financial assistance. Now in Petruska v. Gannon University, 2008 U.S. Dist. LEXIS 54884 (WD PA, March 31, 2008), the court held that the ministerial exception applies equally to claims under Title IX.

Welsh Mayor Wants Town's Ban on "Life of Brian" Lifted

In Britain, Sue Jones-Davies, mayor of the Welsh town of Aberystwyth, wants her town to lift its nearly 30-year old ban on the Monty Python movie, Life of Brian. BBC News reported the story on Saturday. Long before becoming mayor, Jones-Davies was in the movie, playing a revolutionary named Judith Iscariot. She was featured in a nude scene with the film's hero, Brian. A number of areas in Wales banned the movie as blasphemous in 1979. Urging that the ban be lifted, Jones-Davies said: "I would like to think that any religion would have the generosity to see the film for what it is, which is a comedy." [Thanks to Scott Mange for the lead.]

Bhutan's New Constitution Signed-- Deals With Religious Freedom and Heritage

According to Zee News, the country of Bhutan on Friday formally became a democratic constitutional monarchy as King Jigme Khesar Namgyel signed the country's new Constitution (full text). The new Constitution, which calls on the government "to promote those conditions that will enable the pursuit of Gross National Happiness" (Art. 9, Sec. 2), has been endorsed by the country's Parliament. The new document contains a number of provisions relating to religion and freedom of conscience.

Art. 7, Sec. 4 provides: "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement." Art. 15, Sec. 3 provides: "Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain."

Article 3 of the new Constitution deals with "Spiritual Heritage". It provides that "Buddhism is the spiritual heritage of Bhutan," and that the king is the "protector of all religions in Bhutan." The king appoints the Je Khenpo, the head of the country's central monastic body. Art. 3, Sec. 3 also provides: "It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also assuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics." Implementing this, the country's election law makes Buddhist monks ineligible to run for office or vote. (See prior posting.) More background is on the website of the Constitution Drafting Committee.

Colorado Church Group Seeking Ballot Measure On Moment of Silence

The Colorado Secretary of State's office last week approved the circulation of an initiative petition calling for schools to provide five minutes for private meditation at the beginning of each school day. According to the Denver Post (July 17), the petition was filed by Bishop Kevin Foreman and his 2-year-old Final Harvest Christian Center in Aurora. In order to get the proposal on the November ballot, 76,000 signatures must be collected by August 4. According to 9News yesterday, the Interfaith Alliance of Colorado released a statement opposing the proposal, saying "we believe public schools are for education and not religious worship, rituals, or indoctrination." Some teachers are concerned about the loss of instructional time that would be created by such a long period for prayer each day.

Dobson Says He May Endorse McCain

In remarks scheduled for broadcast on his radio show today, conservative Christian leader James Dobson says he is considering reversing his former position and endorsing Sen. John McCain for president. In a statement given to AP, Dobson said: "Barack Obama contradicts and threatens everything I believe about the institution of the family and what is best for the nation. His radical positions on life, marriage and national security force me to reevaluate the candidacy of our only other choice, John McCain." (See prior related posting.)

Today Is Anniversary of Scopes Trial

Today, according to Wired, is the 83rd anniversary of the end of the famous "Scopes Monkey Trial" in which high school teacher John Scopes was found guilty of violating a Tennessee law against teaching evolution. The Advocate yesterday reviews a new account of the trial written for young adults in free verse form. Ringside 1925 by Jen Bryant is an account of the trial from the persepctives of nine people watching it. It was published by Knopf Books for Young Readers in February 2008.

Georgia Church Wins Partial RLUIPA Victory

In a case decided several months ago, but which has just become available, a Georgia federal district court upheld a claim by a church that a 2004 amendment to Marietta, Georgia's zoning ordinance violates the "equal terms provision" of the Religious Land Use and Institutionalized Persons Act. In Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, 2008 U.S. Dist. LEXIS 54304 (ND GA, March 31, 2008), the court concluded that removing religious uses as permitted uses in residential districts, however, had not been shown to substantially burden plaintiffs' free exercise of religion, nor did it violate the nondiscrimination provisions of RLUIPA. (See prior related posting.)

NYT Magazine Profiles DNC Official In Charge Of Religious Outreach

Today's New York Times Magazine, in a long article titled Can Leah Daughtry Bring Faith to the Party?, profiles Democratic National Committee Chair Howard Dean's chief of staff, Leah Daughtry. Daughtry, who is also a part-time Pentecostal preacher, was placed by Dean in charge of this year's Democratic convention. Part of her role as Dean's chief of staff has been to attract religious believers to the party. She created a team, known as Faith in Action, to reach out to religious voters. She also set up a 60-member Faith Advisory Council.

Texas Court Upholds Firing of Pastors By Church Elders

Friday's Houston Chronicle reports that a state district court judge has agreed with a special master's findings in a long-running internal dispute at the Korean Christian Church of Houston. The church split last September in a dispute over finances. In November, church elders fired youth pastor Seung Woong Ok. In response, senior pastor,Paul C. Park said he was dismissing the board of elders. The Board of Elders immediately fired Park. However the pastors refused to step down. The Elders sought a temporary restraining order, while the pastors called a meeting of supportive congregants who voted to oust the Elders. The dispute led to disruption at worship services and police were called in several times. In December, the Elders excommunicated 100 members and 20 were warned that the police would arrest them for criminal trespass if they came onto church property. Since then, the competing groups have held separate Sunday services at different locations.

Both sides asked the court to step in. Special Master E. Michelle Bohreer decided that the Elders had authority to fire the pastors and that the meeting Park organized to dismiss the elders was invalid. In the underlying dispute over finances, the special master said that the church is not obligated to issue an annual financial report, allow inspection of its records or submit to a financial audit. Those findings were approved by District Judge Elizabeth Ray who ordered that the pastors be enjoined from coming within 500 feet of the church and that they pay the prevailing parties' attorneys fees. The attorney representing a group of excommunicated deacons says he will ask the court to enter a final judgment so an appeal can be filed.

UPDATE: The Houston Chronicle reports that a final judgment was issued on Oct. 31.

Messianic Jewish Prisoners Claim Discrimination In Denial of Kosher Meals

At Mansfield, Ohio's Richland Correctional Institution, four Messianic Jews have filed a grievance with the Ohio Department of Rehabilitation and Correction complaining that they are denied kosher meals. In his grievance, inmate Ronald Lutz argued that the denial amounts to religious discrimination. According to yesterday's Mansfield News Journal , ODRC religious-services administrator Rev. Gary Sims says Messianic rabbis informed ODRC that kosher meals are not a basic tenet of their faith. Sims somewhat inaccurately described kosher meals as ones that are "blessed and sanctioned by the Jewish community for those with Jewish faith, so the food is not contaminated." Messianic Jews are classified by the Ohio prison system as Protestants, and only Jews are allowed requests for kosher meals in Ohio prisons.

Italian High Court Says Rastafarians Protected In Marijuana Use

Earlier this month, in a ruling that breaks new ground in Europe, Italy's high court-- the Court of Cassation -- reversed the conviction of a Rastafarian for trafficking in marijuana. According to a July 10 report by Reuters, the court ruled that Rastafarians should be given special consideration in determining how much marijuana exceeds requirements for personal use since the drug is considered by Rastafarians to be a sacrament. Drug War Chronicle says that possession of small amounts of marijuana is not a crime in Italy. According to London's Independent, Italian Interior Ministry officials say the decision undercuts the country's drug laws.

China Imposes Special Rules For Sports Chaplains At Olympics

The Canadian Press reported Friday on the special rules imposed by the government of China on sports chaplains who traditionally accompany athletes to Olympic games. Daily religious services will be available to athletes at next month's Olympics, but they will be run by Chinese religious leaders and seminary students. At other Olympic games, members of the international confederacy of sports chaplains have officiated, however foreign chaplains are not being used this year. China generally prohibits its citizens from attending religious services conducted by foreigners. China is printing 100,000 copies of the New Testament with special Olympic logos; foreigners are restricted in bringing religious materials into the country. Some countries are sending official chaplains with their Olympic teams. Six unofficial chaplains from different countries (including the U.S. and Canada) will also be in China "on call" if their services are needed for counselling. (See prior related posting.)

Texas Board Gives Final Approval To Bible Course Guidelines

The Abilene (TX) Reporter News and the Dallas Morning News both report that on Friday, the Texas State Board of Education gave final approval to guidelines for elective courses on the impact of the Hebrew Bible (Old Testament) and New Testament on the History and Literature of Western Civilization. (Full text of Guidelines and summary of public comments). By a vote of 10-5, the Board adopted general guidelines rather than the more specific ones urged by some state legislators concerned with the constitutionality of the courses. The Dallas Morning News reported earlier this month that state Attorney General Greg Abbott told the state board that the proposed guidelines appeared to comply with the First Amendment's requirement of neutrality, but that he could not say whether any particular course would be constitutional without reviewing the details of how the guidelines are implemented in the course. Because the guidelines received a two-thirds vote, schools will be able to put courses in place for this fall. (See prior related posting.)

Website Tracks Religious Rhetoric In Presidential Campaign

Earlier this month, the Berkley Center for Religion, Peace & World Affairs launched it Faith 2008 database. The website tracks religious rhetoric in the Presidential campaign by candidate and theme. The site also gives historical and international examples of religious rhetoric in politics.

Counsellor Fired For Refusing Client Seeking Advice On Same-Sex Relationship

Alliance Defense Fund announced last Tuesday the filing of a religious discrimination lawsuit on behalf of Marcia Walden, a professional counsellor whose employer was under contract to provide counselling services to employees of the federal Center for Disease Control. The complaint (full text) filed in federal district court in Atlanta alleges that Walden was fired after she refused on religious grounds to counsel a client on repairing a troubled lesbian relationship. Doing so would have violated Walden's Christian religious beliefs. Walden instead referred the client to a fellow counsellor who had different religious views. The suit alleges that the action taken against Walden violates her speech, free exercise and due process rights, the Religious Freedom Restoration Act, and Title VII of the 1964 Civil Rights Act.

Britain to Sponsor Muslim Scholars For Study On Islam and Western Values

BBC News reported yesterday that the British government will fund creation of a group of scholars, to be hosted by Oxford and Cambridge Universities, who will examine issues relating to Islam's role in Britain and the obligations of Muslims as British citizens. Communities Secretary Hazel Blears said government support for the project grew out of requests by the Muslim community in attempts to build alliances against extremism and teach young Muslims that their faith is compatible with wider shared values. BBC News also published a longer analysis of the new government initiative, saying: "Many scholars agree that they have long needed a helping hand in collating and disseminating their views on what it is to be a Muslim in the West." Glasgow's Herald reports that the panel will include 20 leading Muslims and is expected to complete report over the next academic year. [Thanks to Edward Still for the lead.]

Appeal to 6th Circuit Filed in Kentucky Baptist Homes Case

An appeal has been filed with the 6th Circuit in Pedreira v. Kentucky Baptist Homes, Inc. In the case, the district court dismissed on standing grounds an Establishment Clause challenge to use of state funds to pay for placing children in a faith-based facility. (See prior posting.) Americans United and the ACLU, representing appellants, filed a brief (full text) in support of the appeal. A release yesterday from AU and an article yesterday at Gay.com report on the filing of the appeal.

Village Officials Question Conversion of Expensive Home Into a Family Church

In Lake Bluff, Illinois, George Michael says he has converted his $3 million home into a church and has received a state property tax exemption that saves him some $80,000 per year. According to Wednesday's Chicago Tribune, Michael says he was ordained online and began his Armenian Church so his disabled wife would not have to travel to Sunday services. A few close friends and family members apparently attend the church. Last year Michel transferred ownership of the house from his wife's name to the name of the Armenian Church of Lake Bluff, and opened a bank account for the church. Local officials, unhappy about the loss of tax revenue, question whether the residence is really being used as a church. They say if it is, Michael should have obtained a special use permit from the village. Operating without a permit is punishable by a fine of up to $500 per day. The village has sent Michael a bill for $115,000 in fines. It also plans to appeal the state's grant of a tax exemption to Michael.

UPDATE: The July 23 Lake Forester reported that on July 6, an Administrative Law Judge removed the religious tax exemption that had been granted by the Illinois Department of Revenue for the Michael's property.