Court Says Bible Club Should Be Given Equal Access In California School

Yesterday's Orange County Register reports that a California federal court has issued a temporary injunction requiring the Placentia-Yorba Linda Unified School District to permit five students at Esperanza High School to form a proposed Bible club. School officials said that only curriculum-related clubs are permitted, but the court found that the school had permitted two clubs that are not curriculum based, and therefore needs to give the Bible club equal access. The two non-curriculum clubs were the Red Cross club that teaches CPR and raises health awareness, and Students Making A Difference that provides community volunteer work.

Ghana Churches Call Week of Prayer and Fasting For Fair and Peaceful Elections

National elections are scheduled in Ghana for December 7. The country's president, John Agyekum Kufuor, has urged a National Week of Prayer and Fasting to strengthen relations and tolerance among different denominations, as well as to enhance the relationship between state and church. Ghana Home Page reported yesterday that Christian Churches of Ghana has declared Sept. 29 to Oct 4 as the first such week, designed to ask for the intervention of the Lord for a free, fair, transparent and peaceful election. Groups representing Christians, Catholics, Pentecostals and Charismatics have all agreed to take part in the week. Organizers are concerned about growing political party violence, vote buying, and suspicion of the Electoral Commission.

More On Convention Prayers

The invocation on Wednesday at the Republican National Convention (full schedule) was given by Jesuit Father Edward Reese. Catholic News Service reports that Reese is president of Brophy College Preparatory School in Phoenix, from which the McCains' two sons graduated. The benediction was given by Rev. Eva Rodriguez, president of National Hispanic Evangelical Women.

Meanwhile Terry Mattingly writing for the Scripps Howard News Service yesterday focused in detail on the benediction offered on the last evening of the Democratic National Convention by Orlando, Florida mega-church pastor Joel Hunter. (See prior posting.) Hunter ended the prayer by instructing the audience that each of them should "end this prayer, your prayer, the way you usually end prayer." Hunter participated at the microphone by ending with: "In Jesus' name." On his church's website, Hunter explained: "I did not ask people to pray to another god; I asked them to finish a prayer according to their faith tradition. This may be a small point linguistically, but it is a huge point theologically."

Florida High Court Orders 2 Amendments On Church-State Off November Ballot

Only hours after oral argument on Wednesday morning, the Florida Supreme Court issued an order in Ford v. Browning, (FL Sup. Ct., Sept. 3, 2008) enjoining state officials from placing two constitutional amendments on the ballot. Amendment 7 would have deleted Florida's ban on use of public funds to aid any religious institution and would have provided that no one could be barred from participating in any public program because of religion. Amendment 9 would have in effect reversed a Florida Supreme Court decision barring private school vouchers, and would also have required that at least 65% of funds received by school districts be used for classroom instruction. The Supreme Court's order said that an opinion explaining its order would follow and that no motion for rehearing will be entertained.

All briefs filed and orders issued in the case are available here. ADL which was involved in the case issued a release endorsing the decision, saying that it indicates the Court agreed with its argument that the state Taxation and Budget Reform Commission exceeded its constitutional authority in proposing Amendments 7 and 9. Americans United, likewise involved in the litigation, also issued a release praising the Court's action. (See prior related posting.)

In a second decision on Wednesday, the Florida Supreme Court ordered off the ballot Amendment 5 which would have replaced school property taxes with other state funding. Florida Department of State v. Slough, (FL Sup. Ct., Sept. 3, 2008). [Thanks to Steve Sheinberg for the lead.]

Britain's Charity Commission Issues Draft on Humanist Charities

Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. Today the Charity Commission announced a parallel consultation on supplementary guidelines on Public Benefit and the Advancement of Moral or Ethical Belief Systems. The guidance will explain "how the principles of public benefit apply specifically to charities advancing a moral or ethical belief system, such as humanist and rationalist charities." (See prior related posting.)

Court Upholds School's Holiday Music Policy

In Stratechuk v. Board of Education, South Orange Maplewood School District, 2008 U.S. Dist. LEXIS 66383 (D NJ, Aug. 29, 2008), a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. The court rejected plaintiff's claim that the policy as interpreted by officials violates the Establishment Clause, holding that it "has a valid secular purpose, does not convey a message of disapproval of religion, and does not foster an excessive entanglement with religion." The court also rejected plaintiff's claim that the school policy as interpreted by officials violates his children's right to receive information and ideas, their right to learn, and their right to academic freedom. The court held that the school policy is directly related to pedagogical concerns. The court's decision in the long-running case came came after an earlier appeal and remand from the Third Circuit. (See prior posting.)

Webcasting of Sermons Increases IRS Scrutiny of Political Endorsements

Today's New York Times reports that the increasing presence of webcast sermons on church websites or on YouTube has made it easier for the IRS or watchdog groups to locate improper poltical endorsements by clergy. Several cases have come to the attention of the IRS this year after a sermon was webcast online. For example, Harlem minister James David Manning's sermon attacking Barack Obama spread from his church website to YouTube to right-wing talk shows, and gained the attention of the IRS after Americans United for Separation of Church and State filed a complaint two weeks ago.

New Director Named For White House Faith-Based Office

Blog from the Capital reports that Jedd Medefind, Deputy Director of the White House Office of Faith Based and Community Initiatives, will succeed outgoing director, Jay Hein, who recently resigned for personal family reasons. The new head of OFBCI earlier directed the faith-based office at the Department of Labor. (See prior related posting.)

Retired Military Offer Prayers At Tuesday's Republican Convention

The invocation and benediction at the Republican National Convention on Tuesday (full schedule) were both offered by retired military personnel. The invocation was by Rev. Dr. Robert G. Certain, Chaplain Col., U.S. Air Force (ret.). Rev. Certain (biography) is a former Vietnam POW and author of his autobiography, Unchained Eagle. The closing benediction was by Rabbi Ira M. Flax, Lt. Col. U.S. Air Force (ret.) Flax is an alternate delegate to the convention from Alabama. (Montgomery Advertiser). The benediction was introduced by Republican National Committee Chairman Robert M. "Mike" Duncan. Also on Tuesday night's program was music by Christian singer-songwriter Rachael Lampa.

Nigerian Coroner's Law Will Be Amended After Rising Muslim Opposition

In Nigeria, the Lagos State Executive Council yesterday sent the Coroner's Law back to the State House of Assembly for modifications after widespread protests that it prevents Muslims from promptly burying their dead as required by Islamic law. This Day reports that Governor Babatunde Fashola, bowing to increasing pressure over the law that was enacted last year, said that some people are exploiting concerns over the new law as a way of creating opposition to the government.

Catholics In Vietnam Demonstrate Over Land Rights

BBC News reports today on the two weeks of protests that have taken place in the Vietnam capital of Hanoi by Catholics who say the government took land belonging to the Thai Ha Parish and unlawfully gave it to a state-owned garment company that has now been privatized. Two weeks ago, hundreds of Catholics knocked down walls on the site to create a prayer site, and Catholics have been gathering there each evening in increasing numbers. The dispute is one of many over land rights in Vietnam, however the religious aspect of this dispute has created special problems for the government as police have clashed with demonstrators.

Italian Court Awards Damages To Woman Injured By Loud Church Bells

An Italian court has ordered the Madonna del Carmine parish near Genoa to pay a retired teacher damages of 60,000 Euros for the moral and physical damage caused to her over a 23-year period by the loud bells at the Church of Santo Stefano. M&C today reports that in the lawsuit, originally filed in 2003, the court also ordered the church to reduce the decibel level of its bells.

US, Europe Mount Opposition To Defamation of Religion Call At UN

Today's Washington Times reports that the U.S., European governments and religious rights organizations are making a new push to prevent the United Nations General Assembly this fall from adopting a renewal of the "Combating Defamation of Religion" resolution that is sponsored each year by the Organization of the Islamic Conference. In June, the European Centre for Law and Justice submitted an analysis of the Resolution to the U.N. The 16-page document (full text) criticizes the resolution, saying that it "replaces the existing objective criterion of limitations on speech where there is an intent to incite hatred or violence against religious believers with a subjective criterion that considers whether the religion or its believers feel offended by the speech." (See prior related posting.)

Buddhism Losing Out To Chistianity In South Korea

Today's Asia Sentinel says that protests by Buddhists in South Korea that the administration of President Lee Myung-bak is biased against them (see prior posting) are actually symptoms of deeper concerns about the rising influence of Christians in Korean society and government. The power and influence of the country's Buddhist community has been declining for 50 years, and there are internal splits over temple properties. Prof. Kim Yong Pyo of Dongkook Buddhist University in Seoul suggests that Koreans, especially younger ones, increasingly see Christianity as a superior progressive Western religion, while they see Buddhism as a tradition-bound folk religion.

Survey Says Majority Wants Churches Out Of Politics

Last week (Aug. 21), the Pew Forum on Religion and Public Life released a new report titled More Americans Question Religion’s Role in Politics. It reports on the results of a survey conducted in early August. Here are some excerpts from the report's Overview:

A new survey finds a narrow majority of the public saying that churches and other houses of worship should keep out of political matters and not express their views on day-to-day social and political matters. For a decade, majorities of Americans had voiced support for religious institutions speaking out on such issues.... [M]ost of the reconsideration of the desirability of religious involvement in politics has occurred among conservatives. Four years ago, just 30% of conservatives believed that churches and other houses of worship should stay out of politics. Today, 50% of conservatives express this view.

Greek Pagan Group Is Battling Plans For New Parthenon Museum

CNN yesterday reported on recent activities by a pagan group in Greece known as Ellinais. According to a 2007 AP article, the group wants to revive worship of twelve ancient Greek gods. It has won a court battle to be recognized as an official religion. Now it is attempting to get government approval for it to perform weddings and other rituals. In Athens on Sunday the group staged an illegal ceremony on the Acropolis amid the ruins of the Parthenon, praying to Athena (the ancient goddess of wisdom) to protest plans for the building of the controversial New Acropolis Museum. The group objects to the recent removal of marble pediments from the Parthenon and the re-housing of artwork from a current small museum on the Acropolis to the newly planned Museum. High priestess Doretta Peppa said: "The new museum is a monumental eyesore, an architectural monstrosity within the most traditional and archaeologically-rich part of Athens. It is an insult to our heritage..."

Evangelical Leaders Are Supportive After Palin Says Her Unmarried Daughter Is Pregnant

Within hours after Republican vice-presidential choice Sarah Palin announced that her unmarried 17-year old daughter is pregnant and will marry the father of the child, two leading pro-life religious leaders have issued statements supporting Palin. Dr. Richard Land, President of the Southern Baptist Convention's Ethics and Religious Liberty Commission, quoted by CBN News said in part:

This is the pro-life choice. The fact that people will criticize her for this shows the astounding extent to which the secular critics of the pro-life movement just don’t get it. Those who criticize the Palin family don’t understand that we don’t see babies as a punishment but as a blessing....

Dr. James Dobson of Focus on the Family, in a statement quoted in full by ABC News said in part:

... [T]he Palins should be commended once again for not just talking about their pro-life and pro-family values, but living them out.... Being a Christian does not mean you're perfect. Nor does it mean your children are perfect. But it does mean there is forgiveness and restoration when we confess our imperfections to the Lord.... The media are already trying to spin this as evidence Gov. Palin is a 'hypocrite,' but all it really means is that she and her family are human.

Reuters has further coverage of Palin's announcement. David Brody writing at CBN News says more broadly that the Palin developments will be a positive, not a negative, with Evangelicals. A Washington Post analysis says it is too early to definitively reach that conclusion.

British Museum Covers Paragraph Explaining Darwin

In Britain's Northampton, the Abington Park Museum operated by the Northampton Borough Council is in the midst of a controversy over a display on Darwin and fossils. The Northampton Chronicle & Echo reported last week that the museum was instructed to cover up one paragraph of an explanatory sign after a complaint by a religious fundamentalist. The Council said it was also concerned about poor syntax in the paragraph. The first two paragraphs of the sign explain that Darwin challenged the Biblical view of early geologists that fossils showed successive waves of creation. The objectionable paragraph then said: "[Darwin] used the same layers of fossils that had supported the Genesis view of evolution to show the slow changes that are taking place over the millennia of earth history, each small change enabling a species to the rigours of it's (sic) environment – the struggle for survival through natural selection leading to the survival of the fittest." [Thanks to Scott Mange for the lead.]

UPDATE: The National Secular Society reports (Sept. 1) that Northampton Council has ordered a new, corrected sign to replace the one that has been partially covered. The new wording is similar to the old, but omits reference to the Genesis view of evolution. Council head Tony Woods said the original sign was covered over by the previous administration because it was factually incorrect. [Again thanks to Scott Mange.]

Recent Scholarly Articles of Interest

From SSRN:

• Caitlin E. Borgmann, The Meaning of "Life": Belief and Reason in the Abortion Debate (August 30, 2008).


• Anthony D'Amato, Contested Morality: Judge Posner on Infanticide, Slavery, Suttee, Female Genital Mutilation, and the Holocaust , Northwestern Public Law Research Paper No. 08-27 (Aug. 25, 2008).


• Johnny Rex Buckles, Does the Constitutional Norm of Separation of Church and State Justify the Denial of Tax Exemption to Churches that Engage in Partisan Political Speech?, Indiana Law Journal, Vol. 84, (2009).

From SmartCILP:

• Daniel L. Dreisbach, The "Wall of Separation" Motif in Biblical Literature and Western Political and Legal Thought, 2 Liberty University Law Review 79-106 (2007).


• Martin Pritkin, The Value of Talmud Study to Modern Legal Education, 21 Temple International & Comparative Law Journal 351-386 (2007).


• Sacred Violence: Religion and Terror. Foreword by Jessie Hill and student Adam F. Kinney; articles by Louis Rene Beres, J. S. Piven, Parvez Ahmed and Gregory S. McNeal. 39 Case Western Reserve Journal of International Law 703-826 (2007-2008).

Brazilian Court Orders Withdrawal of Playboy After Priest Complains

In Brazil, a judge has ordered Playboy Brazil to recall its August issue because a photograph in it "hurts the feelings of believers". Brazzil Magazine reported Sunday that the Pela Vida Catholic youth institute and a priest filed a complaint after the recent issue of Playboy sold in the country carried a photograph of actress Carol Castro posing semi-nude with a rosary. The court also ordered Playboy to avoid using religious elements in future articles that include nudes. The magazine has not yet been withdrawn from news stands because Playboy Brazil has not yet been formally notified of the order.