Court Upholds Ban on Defendant Displaying Bible To Jury

In People v. Williams, (App. Div., Sept. 16, 2008), in a brief opinion, a New York appellate court concluded that a murder defendant's free exercise rights were not violated when the trial judge prohibited him from displaying his Bible in the presence of the jury. The court held that the state had a compelling interest in assuring a fair trial for both sides in the case in which defendant was convicted second degree murder of his 5-week old son.

North Carolina School District May Add Creationism To Curriculum

Articles in the Wilmington, North Carolina Star News on Tuesday and Wednesday report that the Brunswick County (NC) School Board is looking for a way to teach creationism in the schools. The issue was raised at Tuesday's board meeting by parent Joel Fanti who told the board that it was unfair for evolution to be taught as a fact. Fanti said: "I wasn't here 2 million years ago. If evolution is so slow, why don't we see anything evolving now?" School board member Jimmy Hobbs responded: "It's really a disgrace for the state school board to impose evolution on our students without teaching creationism. The law says we can't have Bibles in schools, but we can have evolution, of the atheists."

School board Chairwoman Shirley Babson said she does not agree with teaching evolution, but the state legislature requires it. Board attorney Joseph Causey said it might be possible under state law to add creationism to the curriculum if it does not replace the teaching of evolution. Superintendent Katie McGee said her staff would research the issue. Meanwhile, according to the Star News, the county school system offers a high school Bible as Literature course. However it is not being taught this year because no students signed up for it.

Texas County Settles Lawsuit With New Screening Policy on Religious Garb

Dallas County, Texas has revised its security screening procedures for individuals wearing religious head coverings in order to settle a lawsuit filed last year by Amardeep Singh, a member of the Sikh faith. (See prior posting.) According to yesterday's Houston Chronicle, in 2006 after refusing to remove his turban, Singh was ordered out or a Justice of the Peace courtroom where he had come to defend a traffic ticket. According to the ACLU which represents Singh, under the new policy security personnel at all county buildings will allow people to walk through metal detectors wearing religious head coverings or other religious garments. If they set off the detector, security personnel will follow up using a hand-held device or with a private search.

California City and Buddhist Temple Settle RLUIPA Challenge

Yesterday in Garden Grove, California, the parties announced a settlement in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, a challenge under the 1st Amendment and RLUIPA to a zoning denial (See prior posting.). The Orange County Register reports that under the settlement, the Quan Am Buddhist temple will submit an application to tear down an office building it purchased and construct a new temple, including living quarters for monks and nuns. The city will consider the application in good faith. Several prior applications have been rejected, as the city tried to preserve the site for office use. The court had previously granted the Temple a preliminary injunction permitting it to hold worship services in several suites in the office building. (See prior posting.)

Minnesota School Faces Issue of Accommodating Students' Prayer Times

In Willmar, Minnesota, school officials are at odds with some Somali Muslim parents over how far the schools should go in accommodating students' need for prayer time. Minnesota Public Radio reported Tuesday that under an agreement reached with parents six years ago, Willmar Junior High School students are permitted to pray between classes and at lunch time. A few parents, however, who are stricter about precise punctuality for prayer times, want their children to be able to step out during class for five minutes to pray. School officials say this would be disruptive, though some teachers may have informally permitted the practice. [Thanks to Blog from the Capital for the lead.]

California Couple Refuses To Sign Gender-Neutral Marriage License

After the California Supreme Court earlier this year ruled that same-sex marriage is valid, the courts required the state to provide gender-neutral marriage license forms. So the words "bride" and "groom" are now replaced by "Party A" and "Party B". However, Roseville (CA) Pastor Doug Bird, of the Abundant Life Fellowship, is urging couples not to sign the new marriage forms. Yesterday's Sacramento Bee reports that one person following his advice is his daughter, who was recently been married at her father's church. The Placer County Clerk-Recorder Registrar of Voters office has refused to accept her marriage license for filing after she and her husband inserted "bride" and "groom" next to the language referring to Party A and B. Rachel Bird, who describes her stand as "personal-- not religious" has been unable to sign up on her husband's medical insurance since their marriage is not registered with the state. [Thanks to Scott Mange for the lead.] [Corrected].

Developments In Two FLDS Legal Proceedings

Today's Deseret News reports on legal developments in two separate proceedings involving the FLDS Church. Texas Child Protective Services has moved to nonsuit four more children in its custody proceedings that originally involved 439 children taken from the group's YFZ Ranch in Eldorado, Texas. With this move, only 239 of the children who were returned to parents remain under court supervision with requirement that their families remain in Texas. (See prior related posting.)

Separately, in a Utah court, the attorney for a group of ex-FLDS church members says his clients do not object to FLDS leader Willie Jessop serving on an advisory board for the court-controlled UEP Trust that holds property of the FLDS Church. In court filings, attorney Greg Hoole suggests that authority over the property be transitioned from a court-appointed fiduciary to a new board of trustees. In the meantime, he suggests posting minutes of advisory board meetings online and appears to support the fiduciary clearing property transfers through the court with an opportunity for FLDS members to comment on them. (See prior related posting.)

Tourists In Dubai Fined For Eating In Public During Ramadan

Gulf News reported yesterday that in the United Arab Emirates, the Dubai Court of Misdemeanours has convicted two non-Muslim foreign tourists of violating the country's ban on eating and drinking in public during daylight hours in the month of Ramadan. The Russian and Lebanese toursts were drinking juice in a service station waiting room. In the first conviction this year under Section 313 of the Emirates Federal Penal Code, the two defendants, who said they did not know that they were acting in violation of law, were each fined Dh 1000.

Google Settles Suit By British Christian Group Over Pro-Life Ads

In Britain, a settlement has been reached in the suit against Google brought by the Christian Institute. Professional Fundraising reports today that under the terms of the confidential settlement Google affiliate AdWords will change its policy that led it to reject pro-life ads that would appear when a user Googled the word "abortion". Non-religious groups could place ads relating to abortion, but the previous policy barred ads that combined abortion and religion-related content. The lawsuit claimed the policy violated the Equality Act 2006. (See prior related posting.)

Opponents of Arizona's Marriage Amendment Focus On Mormon Suport For Measure

In November, Arizona voters will decide whether to approve Proposition 102, a state constitutional amendment providing: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." Today's Arizona Star reports that Arizona Together, the main group opposing the measure, is creating a strategy to label the proposal an attempt by the Mormon church to improve its image and appear "mainstream" after a series of polygamy scandals involving groups not formally affiliated with the LDS church. Apparently much of the money backing the amendment has come from Mormon donors. Backers of the proposal charge that Arizona Together's strategy reflects religious bigotry and is a scare tactic.

McCain Comments On Religion and Governance

Last Friday, according to a Catholic News Agency report, Republican presidential nominee John McCain spoke about religion and political governance in an appearance on the ABC television show, The View. He said:

Judeo-Christian values were the foundation of our nation. 'In God we trust' - clearly - the belief that God has a plan for the world, and that we should do what we can to live as good a lives as we can and trust that - 'in God we trust' - will guide the nation and this world to a better existence.

Interviewer Whoopi Goldberg asked McCain whether Christianity could take over to the detriment of those with other beliefs, McCain responded:

I think everybody obviously is entitled to their individual faith, including not believing in anything. But I pray every day for guidance, and to do the right thing... and to do what is in the best interest of the country.

UN Draft Document Calls For Tempering Free Speech Over Religious Sensibilities

Today's Canadian Jewish News reports that a draft discussion paper circulating in advance of the April 2009 United Nations Durban II anti-racism conference contains controversial language on avoiding defamation of religion. The Preliminary Document of the African Regional Conference Preparatory to the Durban Review Conference, paragraph 13, "calls upon states to avoid inflexibly clinging to free speech in defiance of the sensitivities existing in a society and with absolute disregard for religious feelings."

Court Orders New Election In California Buddhist Temple

Yesterday's San Jose (CA) Mercury News reports on the impact on the Oakland Buddhist Society Temple of efforts by the Massachusetts-based International Community of Khmer Buddhist Monks Center to form a national organization by taking over local Cambodian Buddhist Temples. In 2005, the Massachusetts group took control of the Oakland temple and its assets in an election that local members of the temple claim was illegal. Now after three years of litigation, an Alameda County Superior Court judge last week ordered that a new vote, under supervision of a special master, be held. Only members of the Oakland temple before its merger with the national organization can vote. The members will elect new directors who, in turn, will decide who will get control of the Temple's assets. The Temple's attorney however fears that some $100,000 in cash transferred from the Temple has already been spent by the national group.

Nigerian Sharia Court Arraigns Man With 86 Wives For Insulting Religion

In Nigeria on Monday, an Upper Sharia Court in Minna arraigned 84-year old Mallam Abubakar Bello Masaba on charges of insulting or inciting to contempt of religious creed, deceitfully inducing belief of lawful marriage, and marriage ceremony without lawful marriage. Masaba has 86 wives and between 170 and 190 children. According to reports this week by Reuters and Lagos' Vanguard, chiefs and Muslim leaders in Masaba's home town of Bida ordered him, on threat of banishment, to divorce 82 of his wives so he would have only four as permitted by Islamic law. Masaba responded by filing suit in the Federal High Court in Abuja and obtaining an order restraining local officials from infringing his rights. The Minna court on Monday rejected Masaba's request for release on bail after his arraignment, despite his attorney's plea that his client "is an old man ... and has a very large family and a lot of responsibilities ... and based on this, the man cannot run away." The denial of bail has been appealed to the Federal High Court.

UPDATE: Friday's issue of This Day reports that some 80 family members of Mallam Mesaba, along with some Islamic clerics, showed up at the state Ministry of Justice in Minna to protest Mesaba's arraignment and continued detention.

Florida Supreme Court Issues Opinion On Exclusion of Ballot Issues

As previously reported, earlier this month the Florida Supreme Court enjoined state officials from including on the November ballot two proposed state constitutional amendments-- one that would have eliminated Florida's Blaine Amendment and assured equal participation in public programs by religious organizations, the other that would have reversed the state's ban on school vouchers. Yesterday the court released its opinion explaining its order. In Ford v. Browning, (FL Sup. Ct., Sept. 15, 2008), the court held that the language of Art. XI, Sec. 6 of the Florida constitution granting the Taxation and Budget Reform Commission the power to propose constitutional amendments "dealing with taxation or the state budgetary process" is not broad enough to authorize the two amendments at issue. The court held:

TBRC’s jurisdiction to propose constitutional amendments does not extend to a subject solely because the State will expend funds on that subject or because it could affect the State’s expenditures. TBRC’s authority to propose constitutional amendments directly to the voters is constitutionally limited to two scenarios: if the proposal addresses taxation or the process by which the State’s budget is procedurally composed and considered by the Legislature.

[Thanks to Melissa Rogers for the lead.]

Church Sues Wisconsin School District Over Facility Rental Policy

In Sun Prairie, Wisconsin, the Open Door Church filed suit in federal court last week against the Sun Prairie Area School District (full text of complaint) challenging its policy on charging fees for use of school facilities for after-school religious activities. The Church was charged rent to use space for its AWANA club for children. District policy allows nonprofit groups to use school facilities for activities benefiting children and the community, but in order to obtain a waiver of rental fees, the group must be non-religious and not discriminate in membership on the basis of religious affiliation. Even with the payment of rent, religious activities can only be for a limited time not exceeding one semester. The suit alleges that the Church is being denied equal access to a designated public forum, and claims violations of speech, free exercise, equal protection, due process and Establishment clause provisions of the 1st and 14th Amendments. A Sept. 11 Alliance Defense Fund release announced filing of the law suit.

Experts' Conference Rejects New Speech Limits To Protect Religions

The 10th conference of the International Religious Liberty Group of Experts met in Bucharest, Romania, September 8-10. A report yesterday from Adventist News Network says that the conference focused on efforts around the world to ban hate speech and enact defamation of religion laws. Several speakers warned that proposed defamation of religion laws will increase religious intolerance and are destructive of free speech. The conference concluded that "no specific legislation should be voted but hate speech should be limited according to the already existing human rights law."

Preacher's Campus Activities In Designated Public Forum Upheld

In Davis v. Stratton, (ND NY, Sept. 9, 2008), a New York federal district court held that the Quad area at Schenectady County (NY) Community College is a "designated public forum" that is open to both students and non-students as a place for expressive activities. Baptist preacher Gregory Davis was preaching the Gospel and handing out religious tracts on the Quad when he was arrested for trespass. Davis was also videotaping his activities so he would have evidence to use in case he was accused of wrongdoing. The court held that not only was Davis' preaching and leafleting protected by the First Amendment, but so was his video taping since the photos were used on Davis's website to spread the Gospel. The court held that concern about privacy of students and administrators did not justify a ban on video taping. The court enjoined application of New York's trespass statute to Davis' activity on campus. Alliance Defense Fund issued a release on the decision.

9th Circuit Faults Immigration Judge For Assumptions About Religious Group

In Cosa v. Mukasey, (9th Cir., Sept. 15, 2008), the U.S. 9th Circuit Court of Appeals vacated an adverse credibility finding by an Immigration Judge and remanded for further proceedings an asylum petition by a woman who claimed she suffered religious persecution in Romania. Petitioner Adriana Cosa claimed she suffered persecution because she practiced the Millenist faith. The immigration judge, unfamiliar with Millenism, did her own research on the religion. The Court of Appeals said that the immigration judge then wrongly "discounted Cosa's credibility based on the IJ’s conjectural view of how a Millenist should act and think." KPIX-TV reported on the decision yesterday.

Anglican Break-Away Churches In Canada Sue Over Property Ownership

In Canada earlier this month, three break-away Anglican parishes in the Vancouver (BC) metro area, along with their clergy and lay leaders, filed suit against the Diocese of New Westminster in British Columbia's Supreme Court. Anglican Journal reported yesterday on the dispute. In February, the parishes voted to affiliate with the more conservative Anglican Network in Canada. Four clergy from these parishes placed themselves under the jurisdiction of a bishop reporting to the Anglican Church of the Southern Cone. The diocese took formal action against two of the parishes-- St. Matthew’s, Abbotsford, and of St. Matthias and St. Luke, Vancouver. It dismissed the trustees who support the break-away clergy and asked the clergy to vacate the parishes. In a lawsuit filed Sept. 9, plaintiffs asked the court invalidate the dismissal of the trustees, and to declare that the parish corporations or their trustees, not the diocese, are entitled to hold the parish property in trust.