Biden's Views On Religion and Church-State Issues Are Examined

Now that Barack Obama has picked Sen. Joseph Biden as his vice-presidential running mate, bloggers are already examining Biden's views on church-state issues and his religious values. America: The National Catholic Weekly today posted a a piece titled Joe Biden's Catholicism. It reports that "Biden is more comfortable than most politicians in talking about how his Catholicism has affected his life and his views."

Melissa Rogers has posted a number of excerpts from Biden statements on ther role of religion in public life. Other have pointed to an excerpt on YouTube of a 2007 Biden interview at the Commonwealth Club of California in which Biden discusses his views on separation of church and state. In it, Biden focuses on a quote from Jon Meacham's American Gospel: God, the Founding Fathers, And the Making of a Nation: "Religion shapes the life of the nation without strangling it."

Religiously-Grounded Substance Abuse Programs Eschew Government Funding

One of the most controversial aspects of federal and state funding of faith-based social services relates to organizations that use prayer and religious teachings as an integral part of substance abuse treatment. Today's Louisville Courier-Journal reports that one such group-- Teen Challenge of Kentucky-- has voluntarily relinquished most of a $50,000 federal grant after Americans United for Separation of Church and State complained to the U.S. Department of Health and Human Services about the grant. Teen Challenge said it did not want to risk a lawsuit over the grant which was to be used to hire a development director and train board members in fundraising. Teen Challenge uses "confrontational evangelism" to cure substance abuse.

Meanwhile, Thursday's Forward reports on Beit T'Shuvah, the country's only Jewish residential program for drug and alcohol abuse. The Los Angeles program explicitly does not seek government funding because its treatment methodology is filled with religious content-- a 12-step program combined with Jewish spirituality. Residents study Torah each morning at 7 am, and are required to attend weekly Friday night and Saturday morning religious services

School District Cuts Off All Community Flyers To End Bias Against Religious Messages

As previously reported, a federal lawsuit has been filed against the the Hudson (NH) School District challenging its policy on flyers that may be sent home with students. The school district has allowed flyers from nonprofit community organizations, but has excluded material with religious content. This past Monday, according to the Nashua (NH) Telegraph, the Hudson School Board unanimously adopted a policy change. From now on, only the school itself and school-associated volunteer groups will be able to send home flyers with students. No general community nonprofit groups will be permitted to do so. The new policy will cut down on the growing amount of material that has been distributed and will place religious and non-religious community groups on an equal footing-- both are precluded from sending home material.

Challenge To Pledge of Allegiance Partially Dismissed By NH Federal Court

Freedom from Religion Foundation v. Congress of the United States, (D NH, Aug. 7, 2008), is an opinion in a lawsuit challenging the constitutionality of the recitation of the Pledge of Allegiance containing the phrase "under God" in New Hampshire schools. The suit was brought on behalf of atheist and agnostic parents of three New Hampshire school children, and the lead attorney was Michael Newdow who, himself as a plaintiff, had unsuccessfully litigated a challenge to the Pledge in 2004. New Hampshire law permits children who do not wish to recite the Pledge to silently stand or remain seated while other recite it. Parents here however sought to have the recitation of the Pledge eliminated from the classroom.

Suing the U.S. Congress, the United States government, and three school districts, plaintiffs alleged some 16 bases on which recitation of the Pledge should be found unconstitutional or otherwise invalid. These included Establishment Clause and Free Exercise claims, as well as claims that the school district exposed children to emotional harm by requiring their presence in the classroom while the pledge is recited and a claim that the Pledge violates public policy by fostering national divisiveness. Several other parties intervened as defendants to support recitation of the Pledge.

In this decision, the court dismissed claims against the United States Congress. Relying on the "Speech or Debate" clause of the Constitution, it held that courts lack jurisdiction to direct Congress to enact or amend legislation. The court also dismissed the United States as a defendant, finding that plaintiffs lacked taxpayer standing. The United States however remains a party as an Intervenor, as do the state of new Hampshire, the Knights of Columbus and several New Hampshire school students and parents who intervened. (See prior related posting.)

3rd Circuit Rejects Free Exercise Challenge To PA Home-Schooling Regulation

In Combs v. Homer-Center School District, (3rd Cir., Aug. 21, 2008), the U.S. 3rd Circuit Court of Appeals rejected challenges by six families to record-keeping requirements showing that they met the instructional hours and subject matter requirements, and to subsequent portfolio review, imposed by Pennsylvania's Act 169 (24 PS 13-1327.1) that regulates home schooling. Plaintiffs, all Christians of varying denominations who home-schooled their children, claim that the requirements place a substantial burden on their free exercise of religion in violation of the 1st Amendment of the U.S. Constitution and of Pennsylvania's Religious Freedom Protection Act. The court, focusing on the 1st Amendment challenge, held:

Act 169 is a neutral law of general applicability. It neither targets religious practice nor selectively imposes burdens on religiously motivated conduct. Instead, it imposes the same requirements on parents who home-school for secular reasons as on parents who do so for religious reasons. Furthermore, nothing in the record suggests Commonwealth school officials discriminate against religiously motivated home education programs (e.g., denying approval of home education programs because they include faith-based curriculum materials).... The Commonwealth has a legitimate interest in ensuring children taught under home education programs are achieving minimum educational standards and are demonstrating sustained progress in their educational program.

The court also rejected plaintiffs' claim that a "hybrid right" calling for stricter scrutiny was involved. Rejecting the federal constitutional claims, the court remanded the state law claim to state court.

In a concurring opinion, Chief Judge Scirica reached the merits of the state Religious Freedom Protection Act claim and found that: "Based upon the plain language of the RFPA, Parents have failed to prove by clear and convincing evidence that they have been compelled or will likely be compelled to violate a specific tenet of their religious faith."

The Home School Legal Defense Association that represented the parents said it is reviewing the decision and considering an appeal. [Thanks to Alliance Alert for the lead.]

Virginia Episcopal Diocese Loses On Two More Issues In Property Disputes

On August 19, a Fairfax County, Virginia trial court issued two more "Letter Opinions" in In re Multi-Circuit Episcopal Church Property Litigation-- the contest over property ownership between eleven break-away congregations and the Episcopal Diocese of Virginia. In prior decisions, the court ruled that Virginia's "Division Statute" is constituitonal and applies in this case. (See prior posting.) The statute permits the majority of a congregation to decide to which branch of a church its property will belong when there has been a "division" in the church. In the latest decisions, the court first rejected the assertion by ECUSA and the Diocese that the eleven churches had in some way contracted away, waived, abandoned or relinquished their right to assert rights under the Division Statute. [Full text of opnion.]

In its second opinion (full text), the court rejected claims by ECUSA and the Diocese that Virginia's Division Statute violates the Contracts Clause of the U.S. Constitution. The court concluded that the Contracts Clause protects only those contractual rights that existed before the Division Statute was first enacted in 1867. It is not enough that a congregation was in existence prior to 1867; the protection of property rights the diocese or ECUSA had in a church's property extends only to specific parcels of property acquired before 1867. Any property acquired after that date would have been acquired subject to ownership provisions in the Division Statute. Since in 1867 under Virginia law denominational bodies or dioceses could not hold title to, or obtain enforceable contractual rights in, property, the Contracts Clause does not protect any rights of the diocese or ECUSA in church properties.

Yesterday's Washington Times reported on the decision.

TRO Issued To Stop Army Construction At Comanche Religious Site

In Comanche Nation v. United States, (WD OK, Aug. 18, 2008), an Oklahoma federal district court granted a temporary restraining order barring the U.S. Army from starting construction of a warehouse on the Ft. Sill Military Reservation. The Comanche Tribe claimed that the construction site at the edge of Medicine Bluffs is a significant religious and ceremonial site protected by federal law from disruption or interference. the court said that the questions going to the merits of the Tribe's claims "are serious, substantial, and difficult." According to yesterday's Army Times, Medicine Bluffs has been on the Register of Historic Places since 1974. Comanche Chairman Wallace Coffey said the Army had ignored the tribe's request that the warehouse be constructed elsewhere.

Missouri Governor Implementing Faith-Based Disaster Relief Initiative

Yesterday's St. Louis Post-Dispatch reports on Missouri Governor Matt Blunt's proposed Faith-Based Missouri Disaster Relief Initiative. The state's Emergency Management Agency and the University of Missouri Extension Service are organizing meetings around the state to recruit churches and train religious leaders in emergency response. The goal is to create a coordinated network of fully trained churches that the state can call on to provide relief services during natural disasters. United Methodist Church disaster relief coordinator, Karen Benson, said that local faith-based groups partnering with the state have informally agreed to refrain from proselytizing while furnishing disaster relief.

Christian Groups Enter China, Evading Ban on Foreign Missionaries

The Associated Press reported yesterday that a number of Christian groups came into China to proselytise during the Olympics, despite the Chinese ban on foreign missionaries. They entered on tourist visas, and told authorities they were involved in sports or cultural activities. However, once in the country, they began to reach out to individuals to share their faith. Among the groups sending people into China were Awaken Generation, the Southern Baptist Convention, and Youth With A Mission. Asked about the activities, China's religious affairs administration office said: "If foreigners do such things in China, they violate the law, and local religious departments and other departments should stop them."

Cleric-Penitent Privilege Held Inapplicable Where Pastor Is Not A Spiritual Advisor

In State of New Jersey v. J.G., (NJ App. Div., Aug. 20, 2008), a New Jersey appellate court held that a conversation between a clergyman and a father accused of sexually abusing his children was not protected by the state's cleric-penitent privilege. The children's mother reported the abuse to Pastor Glenford Brown who then contacted the father. While Brown knew the father, the father did not attend Brown's church. The court held:

(1) defendant did not ask and Brown did not offer to keep the conversation confidential; (2) Brown reached out to defendant – not as a spiritual advisor – but to protect defendant's children; and (3) Brown specifically told defendant he could not counsel him or even baptize him because defendant needed professional help. Clearly, the conversations between defendant and Brown are not protected by the privilege.

Yesterday's New Jersey Star-Ledger reported on the decision.

New IRS Publication on Taxation of Churches and Religious Institutions

The Internal Revenue Service has issued a revised version of its publication, Tax Guide for Churches and Religious Organizations. The 28-page multi-colored publication provides guidance on obtaining and keeping tax exempt status, employment taxes, unrelated business income taxes, employee business expenses, record keeping and filing requirements. [Thanks to Steven H. Sholk and Steve Sheinberg for leads on this.]

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.