After Arkansas Raid, 6 Children In State Custody, Sect Leader Arrested

As previously reported, last week federal authorities, as part of a child pornography investigation, raided the southwest Arkansas compound of the Tony Alamo Christian Ministries. Since then there have been two developments. The state took six minor girls into temporary custody. (AP, 9/22).Today and Monday, three Miller County, Arkansas circuit judges will hold probable cause hearings to determine whether the state can continue to hold the girls in temporary custody. (AP, 9/25). Meanwhile yesterday Ministries leader, 74-year old Tony Alamo, was arrested by the FBI on charges of transporting a minor across state lines with the intent to engage in sexual activity. (CNN, 9/25).

En Banc Review Sought From 10th Circuit In Las Cruces Decision

Plaintiffs yesterday filed a petition asking the U.S. 10th Circuit Court of Appeals to grant en banc review of a 3-judge panel decision in Weinbaum v. City of Las Cruces. (See prior posting.) The panel dismissed two cases challenging on Establishment Clause grounds the display of Latin crosses as a symbol of Las Cruces, New Mexico-- one involving the city's symbol and the second involving use of crosses as a logo by the Las Cruces school district. Yesterday's Las Cruces Sun-News reports that the review petition relates only to the suit against the city. Plaintiff Paul Weinbaum said that the arguments in both cases are similar.

Britain's 2012 Olympic Bathrooms Will Accommodate Muslim Religious Rules

Britain's Olympic Delivery Authority, planning for hosting of the 2012 Olympics, wants to be welcoming to people of all cultures, faiths, ages and abilities. It is taking several steps to accommodate Muslim religious practices. According to yesterday's London Telegraph, Islamic law prohibits Muslims from facing Mecca-- the direction of prayer-- when they use the toilet. Therefore, a percentage of the general toilets available to attendees will not face Mecca. In a second move, special washing facilities will be constructed next to Muslim prayer rooms. The Telegraph says that the Olympics are not the only venue in which Britain has taken account of the direction that toilets face. Last year, the government turned the toilets in Brixton prison in London after inmates complained of having to sit sideways on them in order to comply with restrictions of religious law.

Britain Plans To End Exclusion of Catholics From Monarchy

London's Guardian and AFP today report that Britain's Labour government has drawn up proposals to amend the country's 300-year ban on Catholics serving as monarch. The change, planned to be introduced after the next election, would be part of other constitutional amendments, including modifications to provisions that now favor male heirs in succession to the throne. According to the Guardian: "The 1688 Bill of Rights , the Act of Settlement in 1701 and Act of Union in 1707 - reinforced by the provisions of the Coronation Oath Act 1688 - effectively excluded Catholics or their spouses from the succession and provided for the Protestant succession.... The law also requires the monarch on accession to make before parliament a declaration rejecting Catholicism." (See prior related posting.) The changes would require consent of all the Commonwealth nations since Britain's monarch is also formally their head of state. Many experts say the changes would also lead to disestablishment of the Church of England as the country's official religious body.

Delaware Clergy Sex Abuse Case Settled

Yesterday's Chicago Tribune reported that a Navy doctor has settled a Delaware state lawsuit against the Archmere Academy and the Norbertine religious order. He received an undisclosed amount of money plus public apologies by various defendants. The suit grew out of the months of sexual abuse plaintiff as a child had suffered at the hands of Norbertine Catholic priest Edward J.Smith who was a teacher and campus minister at Archmere. The settlement came after plaintiff Cmdr. Kenneth Whitwell convinced Delaware courts of the constitutionality of the state's Child Victim Act that created a two-year window for formerly time-barred child sex abuse suits to be filed. (See prior posting.) In other litigation growing out of the abuse, Whitwell has already obtained over $41 million in damages.

Native American Tribe Wins Injunction Under RFRA Protecting Medicine Bluffs

In Comanche Nation v. United States, (WD OK, Sept. 23, 2008), an Oklahoma federal district court granted a preliminary injunction against construction by the federal government of a Training Support Center at Fort Sill, Oklahoma. The proposed construction was near Medicine Bluffs, a site of religious significance to members of the Comanche tribe. The court held that plaintiffs had demonstrated a substantial likelihood of success on their claim under the Religious Freedom and Restoration Act. It concluded that "the record is utterly devoid ... of facts tending to demonstrate that the construction of the TSC in its current location is the least restrictive means of furthering the compelling governmental interest." The court also concluded that plaintiffs had shown a substantial likelihood of success on their claim under the National Historic Preservation Act. Yesterday's Tulsa World reported on the decision. The preliminary injunction follows on a temporary restraining order issued last month. (See prior posting.)

Report: More Job Discrimination Against Muslims; Fewer Anti-Muslim Hate Crimes

The Council on American Islamic Relations yesterday issued a report titled Without Fear of Discrimination: The Status of Muslim Civil Rights in the United States 2008. CAIR's press release says that the report covers a record 2,652 incidents of anti-Muslim violence, discrimination and harassment in 2007. It shows an 18% increase in workplace discrimination against those already employed, and a 34% increase in discrimination against job applicants. Failure to accommodate Muslim workers' religious exercise rose by 8%.

Beyond the workplace, the report shows a 340% increase in passenger profiling. However anti-Muslim hate crimes decreased by 19%. Large decreases were also reported in incidents at schools or involving police, in due process complaints, physical violence, denial of service and verbal harassment. Nine states and the District of Columbia accounted for nearly 80% of all complaint with CAIR.

Virginia State Police Chaplains Protest Non-Denominational Prayer Mandate

Responding to a recent 4th Circuit decision on non-denominational prayers at government-sponsored events, Col. W. Steven Flaherty, Virginia's State Police superintendent, earlier this month ordered that the state police department's 17 volunteer chaplains deliver only non-denominational prayers at government sponsored events. Today's Hampton Road (VA) Pilot and the Lynchburg News & Advance report that six employees have resigned their chaplaincy positions in protest. Two state legislators, including House majority leader Morgan Griffith, have issued statements in support of the chaplains, said they would introduce legislation to reverse the departmental rulings,. they called the department's decision an attack on Christianity and a violation of troopers' constitutionally protected freedom of expression.

British Muslim Given Suspended Sentence In Teens' Self-Flogging Ceremony

As previously reported, last month a jury in Manchester, England's Crown Court convicted a devout Shia Muslim, Syed Mustafa Zaidi, of child cruelty after he encouraged two teenage boys to flog themselves with a 'zanjeer' (bladed whip) at a Matam ceremony. Now, according to BBC News, a judge has given Zaidi a suspended 26-week jail sentence, conditioned on his not repeating his offense during the next 12 months. At sentencing, Judge Robert Atherton told the defendant that no one should interpret the jury's verdict as a comment on the Ashura ceremony. Instead, he said, the law sometimes protects children from engaging in certain activities, even if they want to. He told Zaidi: "Your wrongful act was providing the means by which they were able to participate." Mosque elders had decided that no one under 16 should participate in the ceremony. A code of conduct for adults to prevent them from involving children in the ceremony has now been drawn up by the local Muslim community.

Alaska Federal Court Grants Soldier Conscientious Objector Status

In Barnes v. Geren, (D AK, Sept. 22, 2008), an Alaska federal district court held that the conscientious objection claim of Army Pfc. Michael Barnes should be granted. His claim was rooted in his nondenominational Christian faith, morals and beliefs developed through six months of daily prayer and scripture reading after he was in the Army. The court rejected the Army Conscientious Objector Review Board's findings that Barnes was not sincere in his claim. Today's International Herald Tribune reports on the decision. (See prior related posting.)

Tancredo Introduces "Jihad Prevention Act"

Last week, Colorado Congressman Tom Tancredo introduced H.R. 6975, the Jihad Prevention Act, which would deny visas to anyone who promotes the introduction of Sharia law into the U.S. The proposed law provides: "Any alien who fails to attest ... that the alien will not advocate installing a Sharia law system in the United States is inadmissible." The bill would also make advocating the installation of Sharia law in the U.S. a ground for revoking a visa or revoking naturalization. In his press release announcing the bill, Tancredo said he is reacting to recent developments in Britain where Sharia arbitration panels are now recognized. (See prior posting.) Today's Front Page Magazine reports on the bill.

Gitmo Defendant Grills Judge On His Religious Affiliation

At Guantanamo Bay in Cuba, Military Commission pre-trial proceedings are under way in murder charges against accused 9-11 plotter Khalid Sheikh Mohammed and four other defendants. According to a report in yesterday's London Mirror and today's Washington Post, defendants may question the impartiality of Military Commission judges. Mohammed asked Marine Col. Ralph Kohlmann, who is the Presiding Officer for this case, whether he was a member of any extremist or fanatic religious groups such as the ministries of Jerry Falwell or Pat Robertson, saying that such membership would show that the judge was not impartial. Kohlmann answered that he has not belonged to a church for a long time, and in the past was a member of various Lutheran and Episcopal churches. The judge refused to answer questions on whether he had ever read books by Billy Graham or Pat Buchanan. Another defendant, Ramzi Binalshibh, asked Kohlmann whether his last name is a Jewish name. Kohlmann said no.

Muslim Group Asks Election Commission to Investigate DVD Distribution

Last Friday, the Council on American Islamic Relations (CAIR) filed a formal complaint (full text) with the Federal Election Commission asking it to investigate whether the widespread distribution as a newspaper insert of the DVD "Obsession: Radical Islam’s War Against the West" violated federal election laws. (See prior posting.) CAIR alleged that the distribution may have violated prohibitions on federal political campaign contributions and expenditures by corporations (2 USC 441b) and on political contributions by foreign nationals. (2 USC 441e). CAIR's complaint claims that the DVD distribution was designed to benefit the presidential candidacy of Sen. John McCain.

The Clarion Fund that financed the DVD distribution is a non-profit corporation. The complaint also says that the founders and incorporators of Clarion are Israeli citizens connected with the Israeli educational group Aish HaTorah International. Yesterday, CAIR issued a press release discussing its complaint. The Guardian reported that a New York spokesman for Aish HaTorah said that Rabbi Raphael Shore, the producer of the video, was not acting for Aish HaTorah in his work on the DVD. Clarion says the DVD is issue-based, and not an attempt to promote any particular candidate.

British Court Sentences Priest Who Refused To Pay Fine On Moral Grounds

A British judge has sentenced a Catholic priest to a short prison term after the priest refused to pay a fine that was imposed on him for damage caused by his anti-war protest. Ekklesia today reports that Fr Martin Newell, a member of the London Catholic Worker, was one of three demonstrators last December who poured red paint on a military base sign after praying with a banner reading "We All Have Blood on Our Hands". The judge in the Highbury and Islington Magistrates Court told Newell that while his refusal reflected a moral position, "the law must be upheld despite belief."

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.

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.