Faith-Based Groups Likely To Be Important After Hurricane Gustav

The Christian Post reports today that faith-based organizations are among those preparing to move into areas that are affected by Hurricane Gustav that is threatening the Louisiana coast. World Vision has pre-positioned supplies as has the Salvation Army. Somewhat presciently, the Institute for Southern Studies just released in August a report titled Faith in the Gulf: Lessons From the Religious Response to Hurricane Katrina. The report concludes that: "More than any other nongovernmental sector—and in many cases, better than government agencies—faith organizations were able to quickly and effectively deliver the people and resources needed to help storm victims in need." The Durham (NC) Herald-Sun summarizes the report.

President Issues Ramadan Greetings To Muslims

On Friday, President Bush issued a Message (full text) sending greetings to Muslims observing Ramadan in the U.S. and around the world. The Message reads in part:

I thank the men and women of the Muslim community for their contributions to America. Your love of family, and gratitude to God have strengthened the moral fabric of our country. Our Nation is stronger and more hopeful because of the generosity, talents, and compassion of our Muslim citizens.

The observance of Ramadan begins tomorrow. Islam Online discusses the complicated determination of the starting date for Ramadan around the world. Today's Washington Post has a long article detailing the activity of one of Egypt's seven official moon sighting committees as it combines religion and science in determining the start of the month-long dawn-to-dusk fast.

FLDS Church Sues UEP Trustee

According to yesterday's Deseret News, the Fundamentalist LDS church, abandoning its stratgy of non-participation, filed suit on Friday in a Utah court to challenge a default judgment that the court awarded against its leaders in 2007. In 2005, the court took control of the United Effort Plan trust, the trust that held title to property of the FLDS church, after it was alleged that church leaders, including Warren Jeffs, had mismanaged it. The court appointed Bruce Wissan as fiduciary, and he sued the former UEP trustees for $8.8 million in damages. They failed to respond and a default judgment was entered. Now, however, the church and its leaders-- concerned that the church is facing destruction-- say the default judgment was obtained through fraudulent misrepresentation to the court of property values and transactions.

Controversy In Italy Over Museum's Exclusion of Veiled Muslim Woman

In Italy, controversy has broken out over the decision by a museum guard to deny admission to a Muslim woman who was wearing a niqab that left only her eyes visible. Friday's London Times reports that a guard at Venice's Ca Rezzonico invoked security regulations, and politicians have weighed in on both sides of the dispute. However the security firm involved says that in the future, all Venice museums will set aside a private room where female guards can check the identity of veiled Muslim women.

Rabbi In Zoning Dispute With New Jersey Township Over Services In His Home

This week's New Jersey Jewish Standard reports on a zoning dispute in Teaneck (NJ) over the use by a rabbi of his home for religious services. The house was purchased in October 2007 by Etz Chaim of Teaneck which hired Rabbi Daniel Feldman as its leader and rented the house to him. Feldman began in November to hold services in his living room. Neighbors petitioned the township, but it took no action, apparently in reliance on a 1985 New Jersey Superior Court case, Farhi v. Comm'rs of Deal [Lexis link], that held the state's constitution prohibits a municipality from using its zoning power to prohibit the free exercise of religious activity in the privacy of one's home.

On July 18, Feldman moved the services from his living room to his family room. The township's zoning ordinance requires a zoning permit where there has been a "change in use" of a piece of property. Neighbors filed a second petition saying that the July 18 move of the services-- now attended by 20 to 25 families-- was a change in use. Feldman says that the services on Friday evening and Saturday morning (as well as holidays) only total about 5 hours per week-- about 3% of the time-- too little to constitute a change in use. In a letter, however, the Teaneck zoning officer told Feldman to cease and desist from using the premises as a house of worship or place of public assembly. Feldman, who argues that this is still merely a protected private prayer group, has filed an appeal with the township zoning board.

8th Circuit Interprets Non-Curriculum Group For Purposes of Equal Access

In Straights and Gays for Equality (SAGE) v. Osseo Area Schools, (8th Cir., Aug. 29, 2008), the U.S. 8th Circuit Court of Appeals interpreted the federal Equal Access Act. The statute requires that high schools receiving federal funds must treat all non-curriculum related groups alike in granting access to school premises. Discrimination on the basis of the religious, philosophical, political or other content of speech at meetings of a student group is banned. Applying a definition of non-curriculum related groups developed by the U.S. Supreme Court in a 1990 case, the 8th Circuit decided that another school group that plans school dances and events at Maple Grove (MN) High School is non-curricular, just like SAGE, a group designed to promote tolerance and respect for gays and lesbians. However the other group was given greater access to school communication channels by being improperly classified as a curricular group. The court affirmed the granting of a permanent injunction giving SAGE the same access to school facilities. Jurist reports on the case and its background, as does Friday’s Minneapolis Star-Tribune.

More On Sarah Palin, Her Religion and Her Views On Church-State Issues

Yesterday I reported on information that was initially available about Republican vice-presidential candidate Sarah Palin's religious beliefs and views on church-state issues. In the last 36-hours, many additional pieces of information have been found by bloggers and reporters.

Palin's Religious Affiliation: Melissa Rogers, in her always excellent blog, reports on a number of additional items. In a 2008 Time Magazine interview, Palin said she was baptized as a Catholic, but her family attended non-denominational Christian churches. She identifies herself merely as a "Bible believing Christian". The AP yesterday, reporting that Palin has drawn strong support from Evangelical leaders, said that Palin's home church is an independent congregation, The Church on the Rock in Wasilla (just outside Anchorage). The Big Daddy Weave blog reports that this church was founded in 2000 with just 7 families, but has quickly grown. Palin sometimes also worships at the Juneau Christian Center, which is affiliated with the Pentecostal Assemblies of God. [UPDATE: Apparently Palin's current home church is Wasilla Bible Church, an independent evangelical congregation. AP says she joined this 6 years ago. Before that her home church was Church on the Rock.]

Palin’s Support for Faith Based Initiative: The Roundtable for Religion and Social Welfare Policy reports that Palin was a supporter of Alaska’s Office of Faith Based and Community Initiatives (OFBCI) set up by her predecessor in office. A 2007 Anchorage Daily News article reported that Palin's state budget proposed ending $1.5 million in state block grants to three cities and instead placing most of that amount in the budget of the OFBCI for it to distribute more broadly around the state.

Clarification of Palin’s Views on Teaching Creationism: Yesterday’s posting quoted an excerpt from a 2006 PBS interview in which Palin said she favored teaching both evolution and creationism in public schools. Since then, others have pointed out the Palin quickly qualified her statement through an interview with the Anchorage Daily News which reported:

Palin said she meant only to say that discussion of alternative views should be allowed to arise in Alaska classrooms: "I don't think there should be a prohibition against debate if it comes up in class. It doesn't have to be part of the curriculum." She added that, if elected, she would not push the state Board of Education to add such creation-based alternatives to the state's required curriculum.

Who Supported Palin for VP: Christianity Today says that Palin was the top pick for VP by Richard Land, policy head of the Southern Baptist Convention. In an Aug. 8 interview with CBS News, Land said that Palin would be the candidate who would most excite Southern Baptists. He explained: "she's a person of strong faith. She just had her fifth child, a Downs Syndrome child. And there's a wonderful quote that she gave about her baby, and the fact that she would never, ever consider having an abortion just because her child had Downs Syndrome. She's strongly pro-life."

Texas AG Clarifies Authorization for New Bible Courses In Schools

The Texas Attorney General this week issued a long-awaited Opinion (Opinion No. GA-0657, Aug. 28, 2008) on the state's new legislation authorizing courses on the Old and New Testaments' impact on history and literature. (See prior posting.) The question was whether or not schools are required to offer such courses every year. Focusing on two separate sections of the new law, the Opinion concludes that (1) schools are permitted but not required to offer such courses; (2) if such a course is offered but attracts fewer than 15 students, the course can be cancelled for that semester; but (3) while a full-fledged separate course is not required, schools are required to offer at least a unit of instruction on the impact of the Bible on history and literature somewhere in its required enrichment curriculum. Thursday’s Houston Chronicle reported on the AG’s opinion. [Thanks to Blog from the Capital for the lead.]

Court Says No Tax Exemption For Catholic Hospital That Gives Little Charity Care

In Provena Covenant Medical Center v. Department of Revenue of the State of Illinois, (IL Ct. App., Aug. 26, 2008), an Illinois appellate court agreed with the Illinois Department of Revenue that a Catholic Hospital in Urbana (IL) was not entitled to a property tax exemption. Covenant devoted less than 1% of its revenue to charity care. Applying six factors, the court upheld the Revenue Department's ruling that the property was not used exclusively for charitable purposes and did not belong to an institution of public charity. Alternatively the hospital claimed it was entitled to an exemption as property used primarily for religious purposes. The court also rejected this argument:

If "religious purpose" meant whatever one did in the name of religion, it would be an unlimited and amorphous concept…. "Religious purpose" within the meaning of [the statute] has to be narrower than "Christian service," or else "religious purpose" would mean everything (and, therefore, nothing)…. If the operation of the property is businesslike and more characteristic of a place of commerce than a facility used primarily for religious purposes, the property is not exempt from taxation… Covenant more resembles a business with religious overtones than property used primarily for religious purposes.

Thursday's Chicago Tribune reported on the decision. Today's Urbana News-Gazette reports that the county treasurer moved quickly after the decision to demand that the hospital return $6.1 million in property taxes and interest that the county had refunded when a trial court initially overturned the Department of Revenue's exemption denial.

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."