Pastor Sues Parent Group and Paper For Defamation

The Dallas Morning News and the Associated Baptist Press report on a defamation lawsuit filed against the Baptist General Convention of Texas, the Baptist Standard and several other defendants by Rev. Otto Arango. The charges grow out of an investigation by the BGCT of Arango's claims that he and two other pastors started 258 new churches. The investigation questioned the use by Arango of some of the $1.3 million in start-up funds for these churches, many of which failed. The lawsuit says that statements published in the Standard were false and malicious, wrongly suggesting that he had improperly used church funds and lied about the number of churches he started.

Obama, McCain Quizzed on Faith and Values Issues

On Saturday evening, Pastor Rick Warren held his Saddleback Forum at which he interviewed both Barack Obama and John McCain on issues of concern to faith and values voters. Warren posed the same questions to each of the candidates-- giving each one hour on national television time. CNN and ABC, among others, report on the forum. Among a wide range of questions, Warren asked each candidate about his own personal Christian faith. (See prior related posting.)

Meanwhile a letter to Barack Obama, initiated by Rabbi Michael Lerner and signed by 140 members of the clergy, urges Obama not to move to the political center. The full text of the letter, included in a Los Angeles Times article today, reads in part: "We are writing you ... not as your election strategists, but as people of faith whose primary allegiance is to be prophetic witnesses to the ethical vision articulated in the holy texts of our religion and the elaboration of those religious traditions over the course of the past two thousand years."

UPDATE: The full transcript of the Saddleback Forum is now available online.

5th Circuit Upholds Death Sentence Despite Jury's Use of Bible

In Oliver v. Quarterman, (5th Cir., Aug. 14, 2008), the U.S. 5th Circuit Court of Appeals rejected convicted murderer Khristian Oliver's challenge to his death sentence. The court summarized the challenge and its holding as follows:

Oliver argues that the jury violated his rights under the Sixth and Eighth Amendments by considering passages from the Bible during the sentencing phase of its deliberations. Although the jury improperly consulted the Bible, the state court found that the Bible did not influence the jury’s decision. As Oliver has not presented clear and convincing evidence to rebut this factual finding, we AFFIRM the district court’s decision to deny the writ.

In concluding that the Texas state jury's use of the Bible was improper, though ultimately harmless error, the court said: "when a juror brings a Bible into the deliberations and points out to her fellow jurors specific passages that describe the very facts at issue in the case, the juror has crossed an important line." Today's Houston Chronicle reports on the decision. (See prior related posting.)

Malaysia Threatens To Suspend Catholic Paper For Political Editorial

Malaysia's Home Ministry is threatening to suspend the Catholic newsletter, The Herald, for publishing articles and editorials relating to politics. The Star on Wednesday reported that The Herald has been issued a "show cause" letter that claims it is violating the conditions of its publication permit that only allows it to publish articles about religion and religious activities. The current suspension threat focuses on an upcoming editorial about a by-election in Permatang Pauh. The paper's editor, Father Lawrence Andrew, says that the editorial will merely urge people to pray for a fair and just election. (See prior related posting.) [Thanks to Constant Lewis for the lead.]

Italian Suit Challenging Baptism Dropped

In Italy, the Union of Rationalist Atheists and Agnostics has dropped a lawsuit on behalf of a plaintiff who was attempting to have his name deleted from a baptism register. The suit challenged the right of parents to have their children baptized. According to World Net Daily, the suit alleged that since the law does not allow parents to enroll their children in organizations like labor unions, parents should also not be able to decide that their children should become members of religious associations. The complaint cited protection of children's religious freedom and Italian Constitutional Court precedents on free will and personal privacy in religious decisions. Alliance Defense Fund, which was involved in convincing the group to drop its lawsuit as frivolous, warned that while "such lawsuits may seem far-fetched, ... foreign legal decisions are increasingly cited in American courts."

Tanzania Debates Creation of Kadhi Courts

Dar Es Salaam's The Citizen reports today on an emotional debate in Tanzania's Parliament over whether Kadhi courts should be set up by the government to handle issues such a marriage, divorce and inheritance for Muslims. The government is studying a report by the Law Reform Commission on the issue. Proponents argue that such courts are a necessary part of the Islamic faith and that the CCM's 2005 election manifesto promised them. Opponents say such courts would be unconstitutional and that the Muslim religious bodies could deal with these issues without using taxpayer money for courts.

Ohio Library's Meeting Room Rules Enjoined

In Citizens for Community Values v. Upper Arlington Public Library Board of Trustees, (SD OH, Aug. 14, 2008), an Ohio federal district court found unconstitutional a public library's policy of making its meeting rooms available for a wide variety of meetings by non-profit groups, but barring their use for elements of meetings that are quintessentially religious or are inherent elements of a religious service. Finding that the library had turned its meeting rooms into designate public forums, the court held that plaintiff's proposed program on Politics and the Pulpit was consistent with activities permitted by the library, even though it included prayer. In concluding that it would issue a permanent injunction, the court said it was not expressing view on the Library's policy of excluding use of meeting rooms for religious services. Yesterday's Columbus Dispatch reports on the decision, as does a release from Alliance Defense Fund. (See prior related posting.)

Utah FLDS Members Will Be Able To Get Individual Title To Property

Yesterday's Deseret News reports that Utah Judge Denise Lindberg , who is overseeing the reorganization of the United Effort Plan that owns assets of the FLDS Church, says that she will not prevent FLDS members from gaining ownership of their own property. The judge's comments came in response to a question raised in court by FLDS spokesman, Willie Jessop. This marks the first time that FLDS members have been willing to participate at all in the court proceedings. Lindberg said, "I certainly am not going to put a religious test on the eventual distribution of property." There may, however, be restrictions on property when individuals gain ownership of it. The Houston Chronicle reports that restrictions include a ban on individuals returning the property to the church.

Congressional Candidate On "How Would Jesus Vote?"

Bennion Spencer, the Democratic congressional candidate from Utah's 3rd district, has written a book on Jesus and politics that will appear in October. Yesterday's Salt Lake Tribune reported that the book attempts to analyze which policies Jesus would support. At one point, Spencer also suggested that Jesus would vote for him for Congress. Spencer characterized as "sacrilegious" his opponent, John Chaffetz's, support for detention camps for illegal immigrants. Chaffetz said of Spencer: "I don't think it's appropriate to guess which candidate Jesus Christ would support. That's sacrilegious to me."

Contempt Petition Against Judge For Poster Dismissed

According to a release by the American Center for Law and Justice, an Ohio federal district judge has dismissed a contempt motion brought by the ACLU against Richland County (OH) Judge James DeWeese. (See prior posting.) The court found that the "Philosophies of Law In Conflict" poster that Judge DeWeese has posted in his courtroom is significantly different from the Ten Commandments display ordered removed by the federal court in 2002.

Christian Groups Seek Removal of Canadian Chief Justice

In Canada, 42 Christian and pro-life organizations, and one individual, have filed a complaint with the Canadian Judicial Council seeking removal of Canadian Supreme Court Justice Beverly McLachlin. The Province reports that the complaint stems from the fact that McLachlin chairs the Order of Canada Advisory Council. Last month abortion activist Henry Morgentaler was honored with appointment to the Order. The groups say that McLachln's role in the selection reduces respect for her and the judiciary. Some express concern that tthe appointment may influence the results in reproductive rights cases.

UPDATE: Canwest News Service reported on Saturday that at he annual Canadian Bar Association news conference, Chief Justice McLachlin addressed the Morgentaler controversy. She said that she chairs the Order of Canada Advisory Council only because the law requires her to do so, that her policy is to not promote any particular candidate, and to abstain from voting. She sees her role as merely assuring that the meeting runs properly and the voting process is fair--unless, as was not the case with Morgentaler, she needs to break a tie.

Potenital County Resident Has Standing To Challenge 10 Commandments Display

In ACLU of Florida Inc. v. Dixie County Florida, 2008 U.S. Dist. LEXIS 61177 (ND FL, Aug. 8, 2008), a Florida federal district court held that an ACLU member had standing (and thus so did the ACLU) to challenge on Establishment Clause grounds a stone display of the 10 Commandments on the steps of the Dixie County (FL) courthouse. The member, identified only as John Doe, did not live in Dixie County, but was looking to purchase property there on which he and his wife could park their recreational vehicle. They encountered the offending display when they went to the county courthouse to research any encumbrances on property they were considering. Because of the display, Doe decided not to make an offer on the property. Prior reports indicate that the ACLU had been having difficulty finding actual county residents to bring the challenge.

IL Appellate Court Majority Invalidates Ban On Heirs Intermarrying

In In re Estate of Max Feinberg, (IL Ct. App., June 30, 2008), an Illinois District Court of Appeals, in a 2-1 decision, held unenforceable decedents' testamentary provision disinheriting any grandchild who marries outside the Jewish faith unless the spouse converts within one year of the marriage. Justice Cunningham delivering the opinion of the court held that public policy invalidates such provisions because they seriously interfere with an individual's right to marry the person of his or her choice. The opinion cites Restatement Third of Trusts that takes this position as well. Justice Quinn concurred specially, in order to more specifically counter the arguments of the dissent. Justice Greiman dissented, pointing out that a majority of other jurisdictions validate such provisions. He characterized the clause as an attempt by Max and Erla Feinberg to "to preserve their 4,000 year old heritage." An op-ed in yesterday's St. Louis Jewish Light discusses decision.

Turkey's AKP Official Ignites New Concerns Over Secularism Principle

After narrowly avoiding court-ordered dissolution for undermining Turkey's secularism (see prior posting), Turkey's Justice and Development Party (AKP) is again embroiled in controversy. After the court verdict, Prime Minister Recep Tayyip Erdoğan said that he would try to avoid polarizing Turkey's society. Today's Zaman reports, however, that the party's Deputy Chairwoman Edibe Sözen recently introduced a bill calling for places of worship for all children to be built in schools and for strong new rules against pornography. The bill was withdrawn after the Party publicly rebuked Sözen. However opposition parties say this shows the AKP still has a hidden Islamist agenda.

Prison Inmates Who Have Declared Multiple Faiths Create Issues for Chaplains

This morning's Tacoma (WA) News- Tribune carries an article about prisoners who declare multiple religions under a new Washington Department of Corrections Policy adopted earlier this year. (See prior posting.) McNeil Island Prison chaplain John Barnes says he is uncomfortable with the policy, which gives inmates the right to possess religious items from each declared faith. The Tribune's Lights & Sirens blog carries videos of interviews with several inmates who have declared multiple faiths.

Sheriff's Church Protection Program Questioned By County Commissioners

In Cleveland, Tennessee, according to yesterday's Cleveland Banner, Bradley County Commissioners are questioning a new Church Protection Program announced by Sheriff Tim Gobble. The Cleveland Banner reported earlier this month that the program was created in response to increased violence against churches around the country. According to the paper: "Any church [with over 50 attendees] desiring special deputies for the Church Protection Program must request the appointment of a maximum of two regularly attending church members, within good standing, who are trustworthy and responsible. The candidates must also be sponsored by church elders or the church's governing body." Commissioners raised not only questions of cost and liability, but also church-state issues. Commissioner Jeff Yarber questioned whether the program could be open to churches without extending it to all non-profit groups.

DC Land Exchange With Homeless Shelter Said To Violate Establishment Clause

Americans United for Separation of Church and State announced yesterday that it has written to the mayor of Washington, D.C. (full text of letter) to protest a proposed exchange of land between the District and Central Union Mission. Last Sunday, a letter to the editor in the Washington Post from a Presbyterian minister John W. Wimberly, Jr., also expressed strong objection to the deal. The city is giving the Mission a former school building worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.7 million. The Mission's activities are heavily religious. A Christian religious message is preached at every meal, and long term residents are enrolled in a"Spiritual Transformation Program." AU says that the land exchange supports a religious ministry in clear violation of the Establishment Clause. Today's Washington Post reports that Mission director David Treadwell says residents can opt out of prayer services and Bible study at the Mission.

8th Circuit Upholds Prison Grooming Rules In Split Decision

In Fegans v. Norris, (8th Cir., Aug. 11, 2008), the U.S. 8th Circuit Court of Appeals, in a 2-1 decision, rejected an Assemblies of Yahwah adherent's challenge to Arkansas grooming regulations for prisoners. The majority held that both the restrictions on long hair and the prohibition of beards withstand scrutiny under Religious Land Use and Institutionalized Persons Act. Judge Melloy, dissenting in part, cited the state's different treatment of women and those with dermatological conditions. The dissent argued that the case should be remanded for individualized review of "whether security could be achieved while not substantially burdening Fegans’s exercise of his religion." Yesterday's Northwest Arkansas Daily News reported on the decision.

Does McCain Ad Link Obama With the Antichrist?

An article in Friday's Wall Street Journal explores the controversy over whether an Internet ad being run by the McCain campaign contains a hidden message linking Barack Obama with the Biblical figure of the Antichrist. The ad, captioned "The One" [from YouTube], is described by the McCain campaign as merely a light-hearted attempt to show that Obama "gets carried away" when he speaks. Others, however, say that for those familiar with the "Left Behind" series of apocalyptic novels, the ad uses numerous symbols of the Antichrist.

Cert. Petition Filed In Case Excluding Religious Material From Class Project

The Alliance Defense Fund announced that yesterday it filed a petition for certiorari (full text) seeking Supreme Court review of the 6th Circuit's decision in Curry v. Hensinger. In the case, the Court of Appeals upheld a Saginaw, Michigan school principal's decision barring a fifth-grader from selling candy canes with religious material attached as part of a classroom project to learn about marketing. The 6th Circuit found that the school's decision was motivated by legitimate pedagogical concerns.