A First Look At Sarah Palin's Religious and Church-State Views

Now that John McCain has picked a little known governor, Sarah Palin, as his vice-presidential choice, what do we know about her views on religion and church-state issues? The Anchorage Daily News gave this some coverage during her 2006 run for governor. Here is an excerpt from an Oct. 23, 2006 article:

Palin's parents say they are not political and don't know how she decided to turn her ambition and work ethic toward politics. Her Christian faith, they say, came from her mother, who took her children to area Bible churches as they were growing up (Sarah is the third of four siblings). They say her faith has been steady since high school, when she led the Fellowship of Christian Athletes, and grew stronger as she sought out believers in her college years.

Palin doesn't brandish her religion on the campaign trail, but that doesn't prevent others from doing so. After she was first elected mayor, her predecessor, John Stein, objected that a Valley cable TV program had hailed her as Wasilla's first "Christian mayor." In a column for the local newspaper, he named eight previous mayors and added that he, too, was a Christian...

And here is an excerpt from a Nov. 5, 2006 Anchorage Daily News article (via LEXIS):

A significant part of Palin's base of support lies among social and Christian conservatives. Her positions on social issues emerged slowly during the campaign: on abortion (should be banned for anything other than saving the life of the mother), stem cell research (opposed), physician-assisted suicide (opposed), creationism (should be discussed in schools), state health benefits for same-sex partners (opposed, and supports a constitutional amendment to bar them).

Palin and her staff complained that efforts to raise these issues in public were divisive and hypothetical. The normally unflappable candidate seemed put-upon when she faced a string of such questions in the last debate, on public television and radio Thursday night....

Palin said her reading of the Bible would not "bleed over into policy." But she has based much of her campaign around a close fundamentalist reading of another text - the state constitution - which she cited in nearly every debate as the source of her guiding principles.

Her respect for the state constitution was illustrated by her first veto as governor. Alaska's Supreme Court had ordered the state to provide health benefits to same-sex partners of public employees, finding that this was mandated by the state constitution's equal protection clause. Palin vetoed a subsequent attempt by the legislature to enact legislation to take away the same-sex benefits. After being advised by the state attorney general that the legislation was unconstitutional, she said that signing the bill would be in direct violation of her oath of office. (Anchorage Daily News, Dec. 29, 2006 article.)

UPDATE: Here is an Anchorage Daily News article from Oct. 25, 2006 quoting some of Palin's answers to church-state questions in a PBS debate during the gubernatorial race. On the teaching of creationism or intelligent design in public schools, she said:

Teach both. You know, don’t be afraid of information. Healthy debate is so important and it’s so valuable in our schools. I am a proponent of teaching both. And, you know, I say this, too, as the daughter of a science teacher. Growing up with being so privileged and blessed to be given a lot of information on, on both sides of the subject -- creationism and evolution. It’s been a healthy foundation for me. But don’t be afraid of information and let kids debate both sides.

[Thanks to the Dallas Morning News for the lead on the Update.]

UPDATE: See my Aug. 30 posting for more on this topic.

Court Rules On Motions In Church Concert Zoning Case

Church of Universal Love and Music v. Fayette County, 2008 U.S. Dist. LEXIS 65564 (WD PA, Aug. 26, 2008), involves a zoning dispute in which William Pritts and the church he founded are attempting to obtain rezoning or a special exception so his congregation can continue to use property in an agricultural area for religious concerts. Plaintiffs allege that a central tenet of the Church of Universal Love and Music is the belief that "religious inspiration and community are advanced by celebration of live music."

In the case, a Pennsylvania federal district court refused to grant plaintiffs' motion for summary judgment under RLUIPA, finding that there is a substantial dispute about the sincerity of Pritts' religious beliefs. It also denied both sides motions for summary judgment on the claim that the zoning denial imposed a substantial burden on plaintiffs' religious exercise, and defendants' motion to dismiss a claim under the "unreasonable limitations" provision of RLUIPA. The court also rejected defendants' motion for summary judgment on plaintiff's 1st Amendment free exercise and free association claims. Finally the court rejected plaintiffs' claim under the "equal terms" provision of RLUIPA and their takings clause claim, and dismissed certain individual defendants from the case.

10th Circuit Rejects Claim That Confidentiality Rule Violates Free Exercise

In Kosan v. Utah Department of Corrections, (10th Cir., Aug. 21, 208), the U.S. 10th Circuit Court of Appeals rejected a free exercise claim brought by Vivian Kosan, a counselor formerly employed by the Utah prison system. That portion of the lawsuit stemmed from a letter of warning issued to Kosan by one of her superiors because Kosan had reported unsubstantiated charges of sexual harassment by her supervisor Brandon Burr a religious authority, Burr's LDS Stake President. Kosan was instructed not to repeat that type of conduct which was defamatory and revealed confidential information. Kosan claimed that this order interfered with her right to consult with her clergy. The court concluded, however, that since the warning letter applied a policy against discussing Departmental business with outsiders that is applicable to non-religious as well as religious conduct, it is a permissible neutral rule of general applicability. (See prior related posting.)

California Prisons and Chaplains Deal With Same-Sex Marriage Ruling

AP reported yesterday that California prison officials are trying to determine the impact on prisons and prison chaplains of the California Supreme Court's ruling earlier this year legalizing same-sex marriage. The California Department of Corrections and Rehabilitation, in the midst of drafting new regulations on the subject, has decided that the same rules will apply that govern opposite-sex marriage. Inmates will be able to marry, but, for safety and security concerns, marriages between fellow inmates will not be allowed. Last year, California became the first state to allow conjugal visits and overnight stays for inmates with outside same-sex partners. Department lawyers also recommend that prison chaplains stop performing weddings for all inmates and leave that task to outsiders so chaplains who oppose same-sex marriage on religious grounds are not in the position of performing ceremonies only for some.

President Proclaims "National Days of Prayer and Remembrance"

Yesterday, President George W. Bush issued a Proclamation (full text) declaring Sept. 5 through 7 as National Days of Prayer and Remembrance in tribute to those who died in the 9-11 attacks. He also asked for prayer the safety and success of members of our Armed Forces. He concluded: "I ask that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils. I also invite all people across the world to share in these Days of Prayer and Remembrance."

Religious Events On Thursday At Democratic National Convention

Here is a roundup of the religious events on Thursday's final session of the Democratic National Convention. (Full schedule of religious events.) The convention's second Faith Caucus was held in early afternoon. Scheduled panels, both moderated by Joshua Dubois, the campaign's director of religious affairs, were:(1) "Moral Values Issues Abroad". Panelists were Dr. Preeta Bansal, Dr. David Gushee, Sr. Simone Campbell, Dr. Claude d’Estree. (2) "Getting Out the Faith Vote". Panelists were Rev. Romal Tune, Mark Linton, Rev. C Welton Gaddy, Rev. Dr. Barbara Williams-Skinner, Rabbi Steve Gutow. The Lawrence (KA) Journal-World briefly reports on the Caucus, including remarks by Democratic Party Chairman Howard Dean.

The invocation (full text) opening the convention's final session was offered by Rabbi David Saperstein of the Union for Reform Judaism Religious Action Center. (Press release.) He prayed that the United States "may ever be an or l'goyim, a light unto the nations." He also made special reference to Edward Kennedy.

The closing benediction was offered by Pastor Joel Hunter, leader of Northland Community Church, a mega-church in Orlando, FL. CF News13 interviewed Hunter about his planned benediction.

Italian Museum Rejects Call For Removal of Crucifixion Sculpture

Despite protests from the Pope and from a regional government official, an Italian museum has refused to remove a modern art sculpture of a green frog, crucified while holding a beer mug in one hand and an egg in the other. Reuters reported yesterday that the board of Bolzano's Museion by majority vote decided that the sculpture called Zuerst die Fuesse (Feet First) would stay during the remainder of the exhibit of which it is a part-- a retrospective of the art of German artist Martin Kippenberger. Franz Pahl, president of the regional government, called the sculpture "blasphemy and a disgusting piece of trash." Pahl released excerpts from a letter from the Vatican saying that the sculpture wounds the religious sentiments of many people. While Claudio Strinati, a superintendent of Rome's state museums, supported the museum board, Italy's culture minister, Sandro Bondi, said museums that receive state funds should not "exalt artworks of desecration, of useless provocation and of nonsense".

Anti-Christian Violence Continues In Eastern India

Reuters reported yesterday that anti-Christian violence by Hindu mobs in India's eastern state of Orissa continues as Pope Benedict XVI condemned the violence and Italy's foreign ministry said it would summon India's ambassador to demand "incisive action" to end the violence. As further detailed in a Christian World News report on Wednesday, the violence against Christians began after the murder of Hindu leader Swami Laxmanananda Saraswati and four of his disciples last Saturday. More than a dozen churches have been attacked and eleven people have been killed. The Orissa High Court ordered the state government to deploy army personnel to stop the violence, but 3000 police deployed on Thursday have so far been unable to do so.

In Zoning Case, MI Appellate Court Holds Firm On Equal Protection Determination

On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a Catholic school challenged a township's denial of its request for a zoning variance. In 2007 (see prior posting), The Court of Appeals held that the denial violated both RLUIPA and the equal protection clause. When the township petitioned the Michigan Supreme Court to review the case, the state's high court instead vacated the Court of Appeals decision and remanded the case for reconsideration in light of another RLUIPA case the state Supreme Court had just decided-- Greater Bible Way Temple of Jackson v City of Jackson. Now, reconsidering in light of Greater Bible Way, the Court of Appeals reluctantly concluded that RLUIPA was not violated, but reaffirmed its earlier holding that the rezoning denial did violate the Equal Protection Clause. [Thanks to Brian D. Wassom for the lead.]

Fiji Human Rights Commission Says Methodist Conversion Plans Are Unconstitutional

In the South Pacific island nation of Fiji, the Human Rights Commission (press release) has warned that plans by the country's Methodist Church Conference to focus evangelizing efforts on the country's Indian population would violate Fiji's constitution as well as principles of international law. According to today's Fiji Times, Commission chairperson Dr. Shaista Shameem said that targeting of a minority group for particular attention for conversionary efforts would violate the fundamental principle of freedom of religion found in the 1997 Constitution of Fiji.

South African Court Says Church Acted Illegally In Firing Gay Teacher

In South Africa, a Pretoria High Court judge has ruled that a church acted illegally when it fired a music teacher at the church's Art Academy after it found that he was in a homosexual relationship. SABC News today reports that the Court ordered the Nederduitse Gereformeerde Kerk to apologize to Johan Strydom and to pay him damages of 86,000 Rand ($11,000 US). Reporting on arguments in the case last week, the Sunday Independent said that Strydom claims his firing violates South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act and his constitutional right to equality and dignity (Constitution Secs. 9 and 10). In its presentation to the court, the church said that gays are welcome in the congregation if they repent and "either change their ways or live a celibate life."

Men Keeping Animals For Santeria Sacrifice Charged With Animal Cruelty

In Greenburgh, New York, a father and son have been charged with animal cruelty under New York's Agriculture and Markets Law after police discovered over 100 animals intended for sacrifice in Santeria religious rituals on their property. Yesterday's Lower Hudson Journal-News reports that the animals included goats, rams, chickens, pigeons, doves, ducks, quail and turtles. The charges do not stem from the planned sacrifices, but rather from the fact that a goat and a pigeon died from apparent malnutrition. The father was also charged with violating a town ordinance against keeping farm animals in residential neighborhoods. Charges of transporting the animals from a farm in New Jersey without proper documents could also be filed.

Suit Challenges Promotion of Religion In Florida County Schools

In Pensacola, Florida, the ACLU (press release) has filed a federal lawsuit on behalf of two Santa Rosa County Pace High School students alleging that school officials have used their positions "to persistently and pervasively promote their personal religious beliefs in the public schools and at school events." The complaint (full text) in Doe v. School Board for Santa Rosa County, Florida, (ND FL, filed 8/27/2008) alleges that school officials have sponsored prayer at school events, including graduation; arranged religious baccalaureate services; held school-sponsored activities at churches; and have proselytized students or permitted outsiders to do so during classes and school events. Seeking an injunction and nominal damages, plaintiffs allege that these practices violate the Establishment Clause of the U.S. Constitution and the "No Aid" clause of Florida's Constitution.

Wednesday's Religious Activity At Democratic Convention

Religion Clause each day has been reporting on religious events that have been part of the Democratic National Convention. At the Convention on Wednesday (full schedule), the invocation was given by Archbishop Demetrios, Primate of the Greek Orthodox Church in America. His invocation (full text) was less sectarian than those offered on prior days. The closing benediction was given by Sister Catherine Pinkerton, Congregation of St. Joseph’s in Cleveland, Ohio.

Presidential Proclamation Includes Praise For Faith-Based Addiction Treatment

Yesterday , President Bush issued a Proclamation (full text) declaring September 2008 as National Alcohol and Drug Addiction Recovery Month. A portion of the Proclamation emphasized the role of faith-based organizations in addiction treatment:

Too many of our citizens have been swept up in a cycle of addiction. Through faith-based and community groups, we have revolutionized the way we help people break the chains of addiction. The Access to Recovery program provides addicts with vouchers so that they can attend the treatment center of their choice. Our Nation's armies of compassion have helped nearly 200,000 clients rediscover their dignity and purpose through this program.

Christian Anti-Muslim Group Issues Voter Leadership Guide

A press release yesterday by a group called Truth for Muslims announced that the organization has begun to distribute its 2008 Voter Leadership Guide. John Marion, Project Director said:

The Guide informs citizens of what our leaders are saying about Islam. Islam is one of the greatest challenges we are facing as Christians in America. It’s an ideology that is incompatible both with the United States Constitution and with the Gospel of Jesus Christ. And our leaders—both in Washington and in the pulpits—are virtually silent.

The introduction to the Guide explains its purpose and format:

Unlike voter guides you may have seen in the past, this one does not focus on a specific race, nor does it promote one candidate over another. Its purpose is to educate YOU about one of the most crucial issues facing America: the rising influence of Islam.

It’s called a "voter leadership guide" because it will help you to discern which leaders, now or in the future, are speaking wisely about how Americans should respond to Islam. Several of the examples we’ve chosen are high-profile political leaders, but the "Ten Questions" you’ll find on the back of the guide can be used to analyze any leader—whether on a county council, school committee, talk show...even a church missions board.

Recent Prisoner and Institutionalized Persons Free Exercise Cases

In Lewis v. Ryan, 2008 U.S. Dist. LEXIS 64335 (SD CA, May 1, 2008), a California federal district judge accepted the recommendations of a federal magistrate judge set out in a lengthy opinion at Lewis v. Mitchell, 2008 U.S. Dist. LEXIS 64333 (SD CA, March 6, 2008). The court permitted a Muslim inmate to move ahead with various claims for injunctive relief alleging violations of the 1st and 8th Amendments and RLUIPA. Plaintiff alleged that he was served food containing pork without the pork content being noted on the prison menu, and that he was subsequently denied medical treatment. Plaintiff also claimed the right to a Halal diet. (See prior related posting.)

DeSimone v. Bartow, 2008 U.S. Dist. LEXIS 64419 (ED WI, Aug. 12, 2008) is a lawsuit by plaintiff who has been civilly committed to a mental health facility operated in part by the Department of Corrections. A Wisconsin federal district court permitted him to proceed with a claim that his 1st amendment and RLUIPA free exercise rights were violated when he was prohibited from writing in his Atlantean language, a practice plaintiff said was central to his religious belief. Officials said it took too long to translate the writings, and untranslated writings posed security risks, even though they did not impose the same restrictions on others who wrote in different foreign languages.

In Wofford v. Williams, 2008 U.S. Dist. LEXIS 63946 (D OR, Aug. 20, 2008), and Oregon federal district court granted a preliminary injunction ordering prison officials to provide a Seventh Day Adventist inmate with a kosher diet. The court found that plaintiff would probably succeed on the merits of his 1st Amendment, RLUIPA and equal protection claims. Prison officials had asserted that kosher meals were available only to Jewish inmates and that plaintiff's faith does not require him to limit himself to a kosher diet.

In Linehan v. Crosby, 2008 U.S. Dist. LEXIS 63738 (D FL, Aug. 20, 2008), a Florida federal district judge accepted the recommendations of a federal magistrate and denied the claims of a Seventh Day Adventist prisoner to a kosher diet. The court held: "Since the Jewish Dietary Accommodation Program was discontinued several years ago, the only person Plaintiff can show is being treated differently is one Jewish inmate who receives kosher food pursuant to a settlement agreement.... Both the excessive cost, as well as administrative and logistic difficulties, of implementing a kosher meal plan in the Florida prison system are compelling state interests, and the current vegan and vegetarian diets are the least restrictive means of addressing this compelling interest ."

In Woods v. Chiarelli, 2008 U.S. Dist. LEXIS 64455 (MD PA, Aug. 21, 2008), a Pennsylvania federal district court held that a prison policy preventing a Muslim inmate from attending communal religious services did not violate his 1st Amendment rights. Plaintiff, held as a federal prisoner in a state prison, was subject to a separation order from the United States Marshal's Service requiring him to be separated from three other federal inmates being held at the same facility.

Court Rejects Challenge To Massachusetts Abortion Facility Buffer Zone Law

In McCullen v. Coakley, (D MA, Aug. 22, 2008), a Massachusetts federal district court rejected a facial constitutional challenge brought by pro-life "sidewalk counselors" to Massachusetts' recently revised law that creates a 35-foot fixed buffer zone around driveways and entrances of reproductive health care facilities. In a 75-page opinion, the court rejected First Amendment, Equal Protection and Due Process challenges. The court found that the law is a content-neutral, narrowly-tailored time, place and manner regulation. In response to plaintiffs' Free Exercise challenge,the court held:

The Act does not regulate speech, expression, prayer, singing, worship or display of religious articles. It merely regulates where such expression may take place, i.e., outside of a clearly marked buffer zone during the normal business hours of an RHCF. The Act also applies to all non-exempt persons equally. As a result, this court is “bound to conclude that the regulation does not discriminate against a particular religion or religious practice.”

Catholic Hierarchy Takes Issue With Peolosi, Biden On Their Pro-Life Views

Fox News reported yesterday that the Catholic Archbishop of Washington, DC, Donald Wuerl has publicly taken issue with remarks about the Church's view on abortion made by House Speaker Nancy Pelosi. On Meet the Press last Sunday, pro-choice Pelosi said the Church's current view that life begins at conception has been Church doctrine for only 50 years or so. In a news release on Monday, Archbishop Wuerl said: "We respect the right of elected officials such as Speaker Pelosi to address matters of public policy that are before them, but the interpretation of Catholic faith has rightfully been entrusted to the Catholic bishops.... The Catechism of the Catholic Church is clear: the current teaching of the Catholic Church on human life and abortion is the same teaching as it was 2,000 years ago."

Meanwhile in the same article Fox News reports that pro-choice Joseph Biden in 2006 made the point that the Church's current view that life begins at conception was adopted unequivocally only in the 19th century during the reign of Pope Pius IX. (Interestingly, in Roe v. Wade (at fn. 61), Justice Blackmun similarly argued that the Catholic Church's current view became its official position only in the 19th century.) Reacting to Biden's views, Denver's Archbishop Denver Archbishop Charles Chaput recently told the AP: "I presume that his integrity will lead him to refrain from presenting himself for communion, if he supports a false 'right' to abortion."

Mega-Church Leader Says IRS Investigation Is Politically Motivated

Rev. Mac Hammond, founder of the mega-church Living Word Christian Center in Minneapolis (MN), has accused the IRS of political motivations in their investigation of him. Tuesday's Minneapolis Star-Tribune reports that Hammond, in a letter to congregants, says that the IRS summons demanding financial information from him is part of "a very clear effort, on a national scale, to discredit, defame and intimidate ministries and preachers of what has been called the 'prosperity gospel.'" The IRS has filed a petition in federal district court to enforce its summons. Melissa Rogers last week posted more background information on the Hammond investigation.