New Indonesian Law Permits Sharia-Compliant Government Bonds

An article by two Indonesian lawyers published in the August BNA World Securities Law Report [subscription required] discusses Indonesia's new Sovereign Syariah Commercial Paper law enacted in April of this year. The new law permits the Indonesian government to issue Sharia-compliant bonds to raise capital. The law provides for the bonds to be issued by the Ministry of Finance's newly created Sovereign Sukuk Issuance Co., and for the use of government assets as the underlying assets for the issuance of the sovereign sukuk (capital bonds). Authors Hanim Hamzah and Harly Siregar say that the new bonds that comply with Islamic law will give the government a better chance at raising funds in the Persian Gulf area, as well as from the Indonesia state pension fund. Corporations in Indonesia are already issuing this type of debt instruments, but this law will now allow the government to raise an expected $2 billion (US) in this form. There still remain, however a number of legal and tax uncertainties surrounding these financial instruments.

Clergy-Penitent Privilege Held Inapplicable When 3rd Party Is Present

In Candice S. v. Superior Court, (CA Ct. App., Aug. 11, 208), a California appellate court held that the clergy-penitent privilege does not apply to communications made to a member of the clergy in the presence of a third person, even if the tenets of the religion treat the communication as confidential. Applying that principle in a child custody case, the court held that statements by the child's mother and father in group meetings with elders of the Jehovah's Witness Church are not privileged. In the meetings at issue, both the child's mother and father, or at least one of them and the child's grandparents, were present. In one of the meetings, the father admitted that the child was conceived when he raped the mother at a drive-in movie theater while she was under the influence of prescription pain killers. At two other group meetings, the elders discussed that admission.

Generals Criticized For Endosring Spiritual Book

Military.com reported yesterday on the controversy surrounding the endorsement by high army officials of a book written by a military chaplain offering spiritual guidance to soldiers. The book is Lt. Col. William McCoy's, Under Orders: A Spiritual Handbook for Military Personnel. Gen. David Petraeus has been quoted as saying that the book "should be in every rucksack for those times when soldiers need spiritual energy." Maj. Gen. Mark Hertling is quoted on the book jacket: "a great book for soldiers to read several times throughout their careers." The endorsement has led the Military Religious Freedom Foundation (MRFF) to call for Patreas' dismissal and court martial. However now the book's author says that he was mistaken in publishing the endorsements: "[they] were intended for me personally rather than for the general public." The author has requested that distribution of the book be halted until a new book jacket overlay is designed. Mikey Weinstein, head of MRFF, says he will add these endorsements as part of an ongoing lawsuit that alleges "a pattern and practice of constitutionally impermissible promotions of religious beliefs within the Department of Defense (D.O.D.) and the United States military.' (Full text of complaint.)

Louisana Governor Will Not Renew Anti-Discrimination Executive Order

The AP reported yesterday that Louisiana Governor Bobby Jindal will not renew an anti-discrimination Executive Order (E.O. KBB 04-54) when it expires this week. The Order, issued in 2004 by former governor Kathleen Blanco bars state agencies from discriminating on the basis of religion, race, color, sex, sexual orientation, national origin, political affiliation or disabilities. It also requires that anyone contracting with the state must similarly agree not to discriminate in employment on any of these bases. Jindal says that state and federal law already prohibit discrimination. He is also concerned that the Order may make it difficult for the state to contract with faith-based organizations that hire on the basis of religion.

Personnel Changes At Two Federal Religion Agencies

Personnel changes have been announced at two federal agencies dealing with issues of religion. The U.S. Commission on International Religious Freedom announced yesterday that James D. Standish has been appointed its new Executive Director. Previously Standish served for seven years as Director of Legislative Affairs at the Seventh-day Adventist Church World Headquarters. Standish replaces Joseph R. Crapa who died last year.

Meanwhile, The Roundtable reports that Jay Hein, director of the White House Office on Faith-Based and Community Initiatives, has resigned effective August 29 in order to care for his father who is suffering from cancer. Hein announced his resignation last week during his regular conference call with state liaisons to religious charities. The White House is seeking a replacement for Hein. [Thanks to Melissa Rogers for this lead.]

Democratic Convention Will Be Heavy On Faith-Based Events

Yesterday's New York Jewish Week carries a long article discussing the extensive appeal to religious voters that will be a part of the Democratic convention in Denver next week. The convention kick-of will be a large interfaith gathering, and that will be followed by a series of "faith caucus" meetings, all designed, according to the article, "to close the [Democrat's] so-called 'God gap' and shed their reputation as the secular party...." Some critics, however, object to the extensive faith-based focus of convention events. Rev. C. Welton Gaddy, head of the Interfaith Alliance, says that the strong religious focus promised by both party conventions is a distraction from dealing with the economy, education, health care and the war issues facing the country.

City Sued Over Limits On Christian Protesters At Gay Pride Event

Alliance Defense Fund announced yesterday that it has filed a federal lawsuit against the city of Elmira, New York seeking an injunction on behalf of Christian protesters who were prevented from handing out literature, carrying signs and wearing a T-shirt with a Christian message at a gay pride event held in a city park in June 2008. The complaint (full text) in Barnes v. City of Elmira, New York, (WD NY, filed 8/20/2008) alleges that plaintiffs' 1st and 14th Amendment rights were violated by the city's policies of restricting their speech in a traditional public forum on the basis of content.

Nepal Supreme Court Rejects Traditional Treatment of Child Goddess

Nepal's Supreme Court has dealt a blow to the traditional practice in Nepal to select a young girl who will be isolated in a palace and worshiped as the reincarnation of a Hindu goddess of power. Gulf Times and AFP both report on the decision in a case filed by Nepalese lawyers challenging the isolation of the pre-pubescent choice, known as the Kumari. The court ruled that the Kumari has the rights protected by the United Nations Convention on the Rights of the Child. The court said that kumaris should be able to attend school, have access to health care, and have freedom of movement. The court ordered the government to create a five-member committee to study the condition of the kumaris and report back within a year. Nepal has become a constitutional democracy, a move that was to end the tradition of the Hindu king receiving an annual blessing from the Kumari to legitimized his power. (See prior related posting.)

11th Circuit Hears Arguments In Sectarian Invocations Case

Yesterday the U.S. 11th Circuit Court of Appeals heard oral arguments in BATS v. Cobb County Georgia, a case challenging the opening of Cobb County, Georgia, County Commission meetings with sectarian prayers. The trial court's decision refused to ban sectarian prayers, so long as a wide variety of clergy were invited to deliver invocations. (See prior posting.) The Atlanta Journal-Constitution reports that the 11th Circuit judges questioned ACLU lawyer Daniel Mach on how the county is to distinguish sectarian from non-sectarian prayers. They also questioned how the county could enforce a ban on sectarian content of prayers.

U.S. Olympic Coach Proselytizes His Archer-Athletes

Today's New York Times reports that the proselytizing of athletes by Kisk Lee, head coach of the U.S. Olympic archery team, concerns the U.S. Olympic Committee. At least three of the five members of the U.S. archery team in Beijing meet with Lee each morning to sing hymns, read from the Bible and attend services at the chapel in Olympic Village. Lee, who became a Christian in 1999, says: "I don’t want to have any favorites. I would love to be fair for everyone. But sooner or later, if they can see through me God, that’s what I want to try to do." Lee says that Christianity helps athletes clear their minds and focus. A Colorado mother who is a Buddhist expressed concern about the pressures her 16-year old daughter felt to accept Christianity when she trained with Lee at the Olympic Training Center in Chula Vista, Calif.

McCain Urged Not To Use Religious Test For Veep Choice

Former Minnesota Governor Arne Carlson wrote John McCain last Saturday asking him not to rule out vice-presidential picks on the basis of their religion. Monday's St. Paul Pioneer Press reported that Carlson seems particularly concerned about evangelical opposition to Mormon Mitt Romney. He wrote: "If a Mormon cannot be considered today for high office, who will be eliminated from the same consideration tomorrow? If a segment of a broad religion can impose its religious criteria on a presidential candidate and the Republican Party, then what other challenges to the Constitution can they make?"

Egyptian Proposal On Organ Donation Seen By Some As Religious Discrimination

In Egypt, a proposed law regulating organ donation has become controversial. Spero News yesterday, and Daily News Egypt on Monday, reported on the proposal that would allow organ donations only to family members (up to the fourth degree). It would also ban organ transplants between individuals of different religions or different nationalities. Proponents say the law is aimed at stopping the current black market in human organs, particularly sales by the poor to wealthy Egyptians or to foreigners who travel to the country. The Egyptian Human Rights Union, however, has sued the Egyptian Medical Association claiming that the proposed law amounts to religious discrimination between Muslims and Christians, and could eventually lead to religiously segregated hospitals. For now, the proposed law is stalled because of objections from some Muslim religious leaders who do not recognize brain death as the test for the end of life-- a test that is necessary if organs are to be obtained while still usable.

New Jersey School Issue Vote Postponed Because of Holy Day Conflict

The Edison, New Jersey, Public School District is seeking voter approval for the issuance of $57.8 million in bonds to construct a new school building and expand three others. New Jersey law provides only four specific dates on which special elections on such issues can be held. Originally the Board of Education decided to place the issue on the ballot on the first available date-- Sept. 30. However this year that day is Rosh Hashana, and that meant that observant Jews would need to vote by absentee ballot. Yesterday's New Jersey Jewish News reports that the scheduling conflict created a firestorm of protest from a number of Jewish groups. In a letter to school officials, several groups argued that the absentee ballot alternative effectively created "a separate and more cumbersome voting procedure for a whole group of Edison residents based solely on their religion." Edison has now agreed to reschedule the vote for December 9, but Board of Education vice president Joseph Romano says that even if the measure passes, waiting until winter means an additional several months of weather delays before construction can begin.

Free Exercise and Vagueness Defenses Raised In Charges Over Death of Child

In Wausau,Wisconsin, according to WISN News, a couple charged with reckless homicide plead not guilty yesterday and are raising constitutional defenses. Dale and Leilani Neumann merely prayed for the recovery of their 11-year old daughter, Kara, after she suffered a diabetic reaction. She died 48 hours after symptoms became severe. A motion seeking dismissal of the indictment argues that the charges unconstitutionally infringe the couple's free exercise rights and their liberty interest in rearing their children. The motion also argues that the law is unconstitutionally vague. Wisconsin law provides that a parent cannot be charged with abuse or neglect of a child if in good faith the parent selects prayer as treatment for a disease. The prosecutor argues that the statute does not apply to homicide cases. (See prior related posting.)

Israel's Army Pursues Refunds From Officers Using False Rabbinic Ordinations

YNet News reported Monday that Israel's army is demanding that some 300 career and enlisted IDF officers repay the $560 (US) per month pay increases they have been receiving after claiming to have been ordained as rabbis. It turns out that their ordinations were fraudulent, having either been purchased from rabbinical schools without meeting the ordination requirements, or having been granted by institutions that are not qualified to certify rabbis at all. Military Police have been investigating the false ordinations for two years. [Thanks to Religion & State In Israel for the lead.]

Settlement Reached In Christian High School Group's Equal Access Claim

Alliance Defense Fund announced Friday that it had reached a settlement in a federal lawsuit filed earlier this year against the Deer Valley, Arizona Unified School District. (See prior posting.) The settlement will allow a Christian student group, Common Cause, to present video announcements of the group's activities, including a weekly morning prayer gathering, through Mountain Ridge High School's public address system and through distribution of leaflets on campus, on the same basis as non-religious groups are permitted to do so. In May, a federal district court in Krestan v. Deer Valley Unified School District, (D AZ, May 9, 2008), issued a preliminary injunction against the school, finding that plaintiffs were likely to succeed on the merits of their claim under the federal Equal Access Act as to the announcements which the school had previously refused to disseminate. The court found that the school's policy of limiting the days on which leaflets could be distributed by any student group was likely valid.

Is Religion An Element In the Georgia-Russia Conflict?

A posting on Reuters FaithWorld blog yesterday raises the question of whether religion is an element in the current conflict between Russia and Georgia. The issue was focused after Sen. John McCain, in discussing the conflict, stressed Georgia's long-standing Christian heritage. Reuters argues that both Russia and Georgia share Christian Orthodoxy, though:

since Orthodox churches are organised nationally, each side naturally reflects in some way its own country’s political view of the crisis. But even in his protest letter to Russian President Dmitri Medvedev, [Georgian Patriarch] Ilia’s only reference to religion was his lament that Orthodox were killing each other.

New "Blogalogue" Offers Church-State Debate Between Two Opposing Experts

Beliefnet has launched an interesting new resource on church-state issues-- a blog titled Lynn v. Sekulow-- Politics, Religion and the Public Square. The blog is described as "an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government." The debaters are Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State, and Jay Sekulow, Chief Counsel for the American Center for Law & Justice. A link to the new site has been added to the Religion Clause sidebar under "Blogs".

Religious Cult Members Charged In Boy's Death

The AP reported yesterday on murder charges that have been brought against five members of a cult known as the "1 Mind Ministries". One-year old Javon Thompson died after being denied food and water for two days because he would not say "Amen" after meals. After the boy's death, the cult leader, Queen Antoinette, told her followers to pray for the boy's resurrection from the dead. One of those charged with murder is the boy's mother, Ria Ramkissoon. Her attorney, as well as her own mother, say she was brainwashed by the cult's leaders.

Informational Meeting On Hamptons Eruv Turns Contentious

Hamptons Online yesterday reported at length on a contentious public information session held last Wednesday in Westhampton Beach, New York regarding a request by a local synagogue to construct an eruv-- a symbolic boundary that permits Orthodox Jews to carry items on the Sabbath. One-third of the large crowd at the meeting held in The Hampton Synagogue walked out when one of the panelists, Joel Cohen, began reading anti-Semitic e-mails that the synagogue had received over the matter. This however reflected more pervasive tensions over the proposal. Some opponents fear that creating the eruv will attract more Orthodox Jews to the area and turn the town into a religious enclave. (See prior related posting.)