Religion Clause

Tuesday, September 23, 2008

Vietnam Tells Archbishop To End Catholic Land Protests

The AP reported yesterday from Vietnam that government authorities in Hanoi are threatening to take legal action against the city's Catholic Archbishop Ngo Quang Kiet unless he ends the illegal prayer vigils that are protesting government ownership of two pieces of land that previously belonged to the Church. The lands were seized by the government in the 1950's. One parcel was given to a now-privatized garment company (see prior posting), and the other-- the site of the former Vatican embassy-- is being used to construct a park and library. A letter from Hanoi's Mayor accused Kiet of instigating unrest and state television questioned Kiet's patriotism.

Tomorrow Is "See You At the Pole 2008"

Tomorrow is the annual "See You At the Pole" day at schools around the country. Students gather around the school's flag pole before school to pray together. A press release by the San Diego-based National Network of Youth Ministries says that the event "is a student-initiated and student-led movement that started in the Ft. Worth suburb of Burleson, Texas, in 1990. SYATP brings students to their school flagpoles to intercede for their leaders, schools, and families, asking God to bring moral and spiritual awakening to their campuses and countries." Churches encouraged the event by sponsoring special "Campus Challenge Sunday" commissioning services last Sunday. The SYATP website advertises a variety of resources available for "Pole" events. It also outlines the legal rights of students and others to participate. According to Florida Baptist Witness, any student who believes that his or her right to participate in a SYATP event has been infringed may contact Alliance Defense Fund for assistance.

UPDATE: The AP reports (9/24) Americans United executive director Barry Lynn says that teachers who participate in SYATP may be unconstitutionally endorsing religion. He also objected to pastors participating in the student-led events.

Illinois County Sign Ordinance Challenged

In McHenry County, Illinois, state Rep. Jack Franks has filed a motion in state court to dismiss a citation against his law firm and declare the county's sign ordinance unconstitutional. Suburban Chicago's Daily Herald reported yesterday that Franks' firm has been charged with failing to obtain a special permit for the sign over the firm's office door quoting a Biblical verse: "Justice, Justice, Shalt Thou Pursue". The county says that because of the sign's size, the special permit is needed. Franks argues that the ordinance is vague, places too much discretion in the hands of county inspectors, and infringes his right of religious speech.

Monday, September 22, 2008

A Church-State Aside On the Proposed Financial Bailout

The massive bailout of distressed financial institutions proposed over the weekend by the Treasury Department (New York Times) would give the government sweeping powers to "purchase ... mortgage related assets from any financial institution having its headquarters in the United States." Mortgage-related assets are defined in the draft bill (full text) as including "residential or commercial mortgages". An August 8 article in The Deal points out that a surprising number of churches are delinquent in their mortgage payments and face foreclosure, though lenders attempt to avoid foreclosing. In many cases the mortgage holders are not financial institutions, but instead holders of church bonds. But where the mortgage lender is a bank, is the draft bailout legislation broad enough to permit purchase of shaky church mortgages by the Treasury? If so, are there any church-state problems with the federal government essentially owning an interest in church buildings?

USCIRF Criticizes State Department For Failing To Update CPC List

The U.S. Commission on International Religious Freedom on Friday issued a release criticizing the State Department for failing to update its list of "countries of particular concern" since 2006. Last week the State Department issued its 2008 International Religious Freedom Report (see prior posting), but did not accompany it with updated designations of countries that have engaged in particularly severe violations of religious freedom, as called for in the 1998 International Religious Freedom Act (Sec. 402(b)(1)). No new designations have been made since 2006. (See prior posting.) In May, USCIRF made recommendations to the State Department on the countries that should be designated. However, by relying on 2006 designations, Vietnam, Pakistan and Turkmenistan remain off the State Department's list, against the recommendation of USCIRF. The Commission also differs with the State Department over the extent of reforms that have occurred in Saudi Arabia.

Rome's Ceremony Marking End of Papal States Shows Current Church-State Divide

Today's National Catholic Reporter carries an interesting account of Saturday's commemoration in Rome of the 138th anniversary of Italy's capture of the Papal States from the Pope. The ceremony featured Rome's vice Mayor and a general from the Sardinian Grenadiers. On Sept. 20, 1870, the Republican armies of Italy's King Victor Emmanuel II breached Port Pia, one of the gates of Rome, quickly captured the states and unified them under Italy's civil government. This year's annual ceremony, organized by the city of Rome, and not the Vatican, was controversial because the names of the 10 Papal troops killed in the battle were read, but not the names of the 49 Republican soldiers who were also casualties. This led to protests from leftists Italians who support strong separation of church and state. Later in the day they organized their own commemoration at which the names of the Republican troops killed were read. This controversy is seen as symbolizing current splits in Italy over the role of the Church in political affairs.

USCIRF Objects To Religious Groups' Invitation To Iranian President

On Friday, the U.S. Commission on International Religious Freedom sent letters (full text) to a group of religious organizations-- several of which are pacifist groups-- criticizing their invitation to Iranian President Mahmoud Ahmadinejad to participate in an "international dialogue" program titled "Has Not One God Created Us? The Significance of Religious Contributions to Peace." The letter said that USCIRF is "concerned that your 'dialogue' will be merely another platform for President Ahmadinejad to espouse an ideology of intolerance."

Sunday, September 21, 2008

Nebraska Meat Packing Plant Faces Contentious Religious Accommodation Issue

Today's Omaha World-Herald sets in context a complicated religious accommodation dispute that erupted last week at the JSB Swift & Co. meat packing plant in Grand Island, Nebraska. It began when Muslim employees, mostly from Somalia, walked off the job last Monday claiming they were not being allowed a break to pray and break their daily Ramadan fast. Here is what happened next according to the paper:

The ... United Food and Commercial Workers Union Local 22 announced a compromise that would allow Muslims to take breaks to pray and eat shortly after sunset. Then an estimated 1,000 non-Muslim workers, including Hispanics, whites and Christian Sudanese refugees — walked off the job on Wednesday. They were protesting what they viewed as unfair treatment favoring the Muslims. The compromise was withdrawn. About 50 to 80 Muslim workers then walked off the job Thursday, despite the threat of termination. When some tried to return to work Friday, they were told they had been fired.... JBS Swift officials said in a statement Friday they were working with employees and the union to resolve the problems.

Minister In Battle With Pennsylvania Town Over Use of Church For Homeless

Today's Pittsburgh Post-Gazette reports on the battle in Brookville, Pennsylvania between the First Apostles Doctrine Church and zoning authorities. The church's minister, Rev. Jack L. Wisor, wants to use the church as a homeless shelter, saying providing shelter to "guests" is part of its ministry. However borough solicitor Stephen French says that homeless shelters are not permitted in areas zoned commercial where the 111 year old church is located. Rev. Wisor has already been fined $500 for allowing three homeless men to live in the church's parsonage. He has appealed to the Jefferson County Common Pleas Court. Wisor also objects to a code enforcement raid earlier this month which he alleges desecrated the church sanctuary. Borough solicitor French denies the allegations and says Wisor has told him that he is "going to hell" for making people homeless.

Feds Raid Arkansas Church Headquarters In Child Pornography Investigation

In southwest Arkansas yesterday, federal authorities raided the 15-acre compound housing the Tony Alamo Christian Ministries. The Associated Press reports that the raid was part of a child pornography investigation. Social workers are talking with children who live at the complex located in the town of Fouke. In a phone call with the AP, Alamo said: "Where do these allegations stem from? The anti-Christ government. The Catholics don't like me because I have cut their congregation in half. They hate true Christianity." He argues that the raid is part of an effort by the federal government to make same-sex marriage legal while outlawing polygamy. He believes polygamy is permitted by the Bible, and that "anything that is in the Bible is law." He also says that in sexual matters, "consent is puberty".

Recently Available Prisoner Free Exercise Cases

In Farnsworth v. Baxter, 2008 U.S. Dist. LEXIS 69236 (WD TN, Sept. 12, 2008), a Tennessee federal district court rejected claims by a Messianic Jewish prisoner that his rights under RLUIPA were violated when neither the prison chaplain nor a volunteer could conduct Messianic Jewish Sabbath services for him to attend.

In Joshlin v. Maricopa County Sheriff's Office, 2008 U.S. Dist. LEXIS 69385 (D AZ, July 22, 2008), an Arizona federal district court rejected a prisoner's complaint that his free exercise rights were violated when he was placed in segregation for having dreadlocks, and when authorities refused to provide him with a copy of the Quran or arrange religious visitations. He was told that if he wished to keep his non-pork religious diet, he must cut his hair because his Muslim faith does not prohibit cutting hair

In Stine v. Wiley, 2008 U.S. Dist. LEXIS 69699 (D CO, Sept. 16, 2008), a Colorado federal district court accepted a magistrate judge's recommendation to dismiss a prisoner's free exercise complaint that he was not permitted to watch religious television programing.

In Percival v. Office of the Governor, 2008 U.S. Dist. LEXIS 70356 (SD TX, Sept. 10, 2008), a Texas federal district court dismissed as frivolous a claim by a Messianic Jewish inmate that requiring him to shave his beard infringed his free exercise rights.

Pakistan Church Wants Government To Intervene In Kidnapping Case

Religious Intelligence reports today that the Lahore Diocese of the Church of Pakistan has asked the government to intervene in the case of two Christian girls, aged 10 and 14, who in June were kidnapped and forced to convert to Islam. The older girl was also forced to marry. The girl's parents filed a habeas corpus petition in Muzaffargarh seeking their release. However, on July 12 a local judge denied the petition ruling that since the girls had become Muslims, they could not be returned to their Christian parents. The decision has been appealed to the Multan bench of the Lahore High Court.

Saturday, September 20, 2008

House Bill Would Assure Right To Post Mezuzahs On Condo Unit Doors

Earlier this week, U.S. Representative from New York, Jerrold Nadler, introduced H.R. 6932 which would amend the federal Fair Housing Act to guarantee residents of condominiums and co-ops the right to display religious symbols or objects, such as a mezuzah, outside their doors. The bill, known as the Freedom of Religious Expression in the Home Act of 2008, is a reaction to a 7th Circuit decision earlier this year that held the Fair Housing Act currently does not ban such condo rules. (See prior posting.) The bill would amend 42 USC Sec. 3604 to prohibit establishing

a rule or policy that prevents a person from displaying, on the basis of that person’s religious belief, a religious symbol, object, or sign on the door, doorpost, entrance, or otherwise on the exterior of that person’s dwelling, or that is visible from the exterior of that dwelling, unless the rule or policy is reasonable and is necessary to prevent significant damage to property, physical harm to persons, a public nuisance, or similar undue hardship.

Yesterday's New York Sun reports on the legislation that has three other co-sponsors.

NY Social Service Department Suing To Get Heart Surgery For Amish Child

WWNY TV News reported yesterday on the ongoing trial in St. Lawrence County, New York Family Court of an Amish couple who are refusing on religious and cultural grounds to allow their 17-month old son to have heart surgery. The county Department of Social Services has filed neglect charges, asking the court to remove the child from the custody of his parents, Gideon and Barbara Hershberger, so he can have a hole in his heart surgically repaired. Without surgery, the condition could be fatal for young Eli Hershberger.

Indian Police Arrest Hindu Activist After Series of Church Attacks

M&C reports today that in Mangalore in southern India, police have arrested Hindu right-wing activist Mahendra Kumar on charges of conspiracy and of promoting enmity between religious groups. Kumar heads the Karnataka Bajrang Dal which has claimed responsibility for attacks on at least 14 churches and Christian prayer halls since September 14 in Karnataka state. The arrest came after the federal Home Ministry issued two advisories criticizing Karnataka's Bharatiya Janata Party (BJP) government for not acting decisively enough in the situation. The Karnataka government has also appointed a commission to look into the violence between Hindus and Christians.

NY Court Orders Specific Performance of Land Sale By Religious Corporation

In Scher v Yeshivath Makowa Corp., (NY App. Div., Sept. 16, 2008), a New York appellate court rejected an attempt by a religious corporation to back out of a contract for sale of its property. The NY Religious Corporation Law, Sec. 12, provides that a religious corporation must apply for leave of a court to sell property. However, here the court held that the trial court properly ordered specific performance once it determined that the contract price was fair and reasonable at the time it was made. [Thanks to J.J. Landa for the lead.]

Friday, September 19, 2008

State Department Issues 2008 Report On International Religious Freedom

The U.S. State Department this afternoon issued its 2008 Report on International Religious Freedom. The Report discusses separately the status of religious freedom in almost every country around the world, including the 8 that have been designated as "countries of particular concern": Burma, China, North Korea, Iran, Sudan, Eritrea, Saudi Arabia, and Uzbekistan. Sixteen other countries are singled out in the Executive Summary as ones "where religious freedom is of significant interest." These are Afghanistan, Algeria, Cuba, Egypt, India, Indonesia, Iraq, Israel and Occupied Territories, Laos, Malaysia, Pakistan, Russia, Sri Lanka, Turkmenistan, Venezuela, and Vietnam.

The report identifies five categories of infringements upon religious freedom prevalent in various parts of the world:

First, the most severe abuses take place in certain totalitarian and authoritarian regimes that seek to control religious thought and expression.... Second, serious abuses occur in contexts of state hostility toward minority or nonapproved religious groups.... A third category of abuse stems from a state's failure to address forces of intolerance against certain religious groups.... Fourth, abuses occur when governments have enacted discriminatory legislation or taken concrete action to favor majority religions.... A fifth category involves the practice of discriminating against certain religions by identifying them as dangerous "cults" or "sects."

The report was sent to Congress as required by Sec. 102(b) of the International Religious Freedom Act of 1998.

UPDATE: The remarks of Secretary of State Condoleezza Rice and the remarks and lengthy Q&A of Ambassador at Large for International Religious Freedom John V. Hanford III at the press conference releasing the Report are available from the State Department's website. Both included in their remarks criticism of proposals at the UN by the Organization of the Islamic Conference to promote the concept of defamation of religion.

Good News Club Suit In Virginia Settled

Following up on last month's issuance of a preliminary injunction by a Virginia federal district court barring the Williamsburg- James City County School Board from charging user fees to the Good News Club for after-school use of school facilities (see prior posting), the parties have entered into a stipulated Consent Decree settling the case. On Sept 12, the court issued an order approving the settlement (full text), which included a new school board policy for community use of school facilities that waives fees for all community groups using school space for after-school activities. The school, through its insurer, will also refund user fees paid in past years by the Good News Clubs and reimburse plaintiffs $20,000 for litigation costs. Liberty Counsel yesterday issued a press release on the settlement.

Suit Challenges DC Land Swap With Christian Homeless Shelter

A lawsuit was filed in federal district court in Washington, DC yesterday challenging a proposed exchange of land in which the District if Columbia would give Central Union Mission a former school building near the U.S. Capitol worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.68 million. The building the Mission would receive was formerly operated as a shelter by the city. The Mission's attempt to relocate to another site it already owned was blocked by neighbors.

Today's Washington Post and a release from the ACLU report that plaintiffs include taxpayers plus two homeless men who do not go to the Mission's current shelter because the Mission requires all residents to attend nightly Christian worship services. The Mission also requires all employees and volunteers to be Christians. The complaint in Chane v. District of Columbia asks that either the land swap be blocked, the Mission not engage in religious activities at the new building it is receiving from DC, or that the Mission pay fair market value for the building. Plaintiffs say the shelter is free to engage in religious activity, but not when it is subsidized by government funds. (See prior related posting.)