ACLU Seeks Attorneys Fees In 10 Commandments Case

Friday’s Lexington (KY) Herald-Leader reports that the American Civil Liberties Union of Kentucky this week filed a petition in federal court seeking from the losing defendants attorneys fees of $390,588 and expenses of $8,133 for the ACLU’s successful challenge to 10 Commandments displays in McCreary and Pulaski counties. The case was litigated all the way to the U.S. Supreme Court. The ACLU says their request is conservative because it does not seek fees for work done by most of the attorneys other than the lead attorney on the case. Matthew Staver of Liberty Counsel, representing the counties, says the fees are too high and, in any event, should not be awarded because the case is still pending by reason a pending motion and appeal. (See prior posting.)

Mumps Outbreak Traced To Christian Group Opposing Inoculation

The Vancouver Sun reported last week that an outbreak of mumps that began in Chilliwack, British Columbia in February originated in a group of Dutch Reformed Christians who believe that people should put their faith in God to protect them, and not in modern medical techniques or inoculations. In past years, members of the same religious tradition living in Holland have suffered polio outbreaks because they have not been inoculated.

Palin Gets Mixed Reactions In Jewish Community

Columnists and reporters are indicating mixed reactions from the Jewish community on Sarah Palin's pick as the Republican vice-presidential nominee. Steven Waldman writing on Wednesday at BeliefNet says that Sarah Palin's pick "may end up scaring some Jews." According to the AP, Palin's church home for the last six years has been Wasilla Bible Church, an independent evangelical congregation, though before that she attended Wasilla's Church of the Rock (which I previously reported in reliance on an earlier AP story as her home church). At BeliefNet, Waldman focuses on the fact that two weeks ago Palin sat in church at Wasilla Bible as her minister introduced David Brickner, executive director of Jews for Jesus. Brickner gave a "classic Jews for Jesus talk" on the need to convert Jews to Christianity and argued that conflict in the Middle East is a reflection of a judgment because of unbelief. Waldman's article reprints Brickner's entire remarks.

Meanwhile, however, Rabbi Yosef Greenberg, a Chabad rabbi who has lived in Alsaka for 17 years, tells Haaretz that if Palin is elected, "the Jewish people and the State of Israel will have a great friend and admirer in the White House." Greenberg says he meets with Palin regularly for informal conversations. He says that the Conservative Jewish congregation in Wasilla was pleasantly surprised a few years ago when Palin turned up at the dedication of their new synagogue building. Greenberg added: "Had she been a Chabadnik she would have certainly been an envoy, because she is constantly working for the greater good."

Satmar Leadership Dispute Again Ruled Non-Justiciable

For six years, two factions within the Orthodox Jewish Chasidic Satmar community have, through three separate lawsuits, been attempting to get New York courts to decide which of the two sons of the late Grand Rebbe Moses Teitelbaum has inherited his leadership role. Recently a New York trial court has issued another decision in the case, reiterating that the dispute is not justiciable because deciding it would require the court to impermissibly entangle itself in religious doctrine. In Frankel v. Congregation Yetev Lev D'Satmar, (NY Kings Co. Sup. Ct., Aug. 22, 2008), the court denied a request for a preliminary injunction. One faction had argued that it was entitled to relief based on language in a prior decision stating that "the court leaves intact the status quo in terms of the day-to day operation of the Congregation and its institutions". The court disagreed, stating:

At bottom, all three cases mask a continued effort on the part of the split congregation to have the court make a determination as to who should be in control of the Congregation. This is what Justice Barasch, the Appellate Division and the Court of Appeals have said a civil court cannot do.... The Injunction action is nothing more than another disingenuous attempt by one of the factions to obtain relief which is beyond the reach of the court.

(See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

BC Human Rights Tribunal Dismisses FLDS Couple's Discrimination Complaint

Canadian Press on Wednesday reported on a decision handed down last month by the British Columbia Human Rights Tribunal in Palmer v. British Columbia Teachers' Federation, (BCHRT, Aug. 15, 2008). The Tribunal dismissed a complaint by a polygamous couple who are members of the Fundamentalist Church of Latter Day Saints who alleged the Teachers' Federation discriminated against them on the basis of religion and marital status when it sent a letter to the Premier, issued a press release and circulated a petition urging the provincial government to act against alleged sexual exploitation in the FLDS community in the town of Bountiful and alleged discriminatory teaching in the community's independent schools. The Tribunal concluded that the Federation's "purpose in creating the letter to the Premier, the newsletter, and the petition was not to discriminate against the Palmers or anyone else."

Islamic Debit Card To Be Offered Across Russia

Yesterday's Moscow News reports that Express Bank will offer a new Islamic debit card across Russia, despite opposition from some Central Bank officials. The card, which has already been introduced in the predominantly Muslim region of Dages­tan, are Shariah-compliant. Any interest earned on accounts is donated by the bank to charitable causes. The bank created the card in cooperation with the Spiritual Council of Muslims in Dagestan. The card's design avoids depicting living beings, something also banned by Islamic law. The card, which has also become popular with Christians and Jews in Dagestan who like its design, will be offered nationally through the Internet.

European Commission Clears Italy's Census of Roma Over Discrimination Claims

The European Commission has approved Italy's census of Roma gypsies in Italian camps, including fingerprinting of minors who cannot be identified in any other way. The London Times reported yesterday that the EC concluded the Italian government was conducting the census as part of its drive against street crime and was not not seeking ''data based on ethnic origin or religion." In July, a European Parliament resolution (full text) expressed concern about Italy's actions.

Latest Mt. Soledad Decision To Be Appealed

Citizen Link reports that the ACLU has decided to appeal the latest decision rejecting a challenge to the Mt. Soledad Cross. It will appeal to the U.S. 9th Circuit Court of Appeals the July decision in Trunk v. City of San Diego (see prior posting) that rejected an Establishment Clause challenge to Congress' acquisition of the veterans' memorial and its preservation of the cross as part of it. Litigation over the memorial site has been going on for 18 years.

Orthodox Archbishop and McCain's Pastor Offer Prayer At Convention Thursday

On the last day of the Republican National Convention (full schedule) the invocation was offered by His Eminence Archbishop Demetrios. He is archbishop of the Greek Orthodox Church in America and also delivered an invocation at the Democratic convention. (World Faith News.) The closing benediction was offered by Pastor Dan Yeary. KTAR News reports that Yeary is pastor of North Phoenix Baptist Church which McCain and wife have attended for over than 15 years.

Challenge To Court Use for Bible Study Survives Motion To Dismiss

In Barlow v. Superior Court of California, 2008 U.S. Dist. LEXIS 66668 (SD CA, Aug. 28, 2008), several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. They alleged that the denial amounted to discrimination based on the religious content or viewpoint of their speech. The court denied defendants' motion to dismiss, holding that it had insufficient evidence to determine whether the facilities had become a "designated public forum" for purposes of First Amendment analysis.

Private Prosecution Filed In London Over Offensive Jesus Statue

Ekklesia yesterday reported that in Britain, London resident Emily Mapfuwa, backed by the Christian Legal Centre, has filed a private prosecution against the Baltic Centre for Contemporary Art. The lawsuit alleges that the Centre committed an "act of a lewd and a disgusting nature and outraged public decency contrary to Common Law" by displaying artist Terence Koh's statue of Jesus with an erect penis. The statue is part of an exhibit titled "Gone, Yet Still", displaying art of Chinese-born artist Koh as well as works by Tracey Emin and Mark Titchner. The suit is being brought as a private prosecution because police concluded in May that there was no cause to prosecute. Civil rights activists say the suit is an attempt to bring back the abolished crime of blasphemy indirectly.

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.