Texas Atheist Group Releases Voters Guide

In a press release issued on Wednesday, the Atheist Community of Austin announced release of the ACA 2008 Voters' Guide featuring responses from 50 candidates in various elections in the state of Texas. The survey was sent to 482 candidates for federal and state offices that are on the ballot in Texas this November. According to the release: "The survey focuses on the Constitutional separation of church and state, freedom of conscience, rational decision making, science advocacy, equality, and other important issues that conventional sources often do not satisfactorily address." ACA's website has links to additional information about the survey. ACA says the survey is needed because: "Non-religious/secular individuals are estimated to represent more than 14% of the population of the United States; yet candidates often ignore or openly dismiss the interests and concerns of this group in order to court religious voters--a political move that fails to address the diversity of opinion held by religious individuals who aren't a part of the more vocal religious demographics."

Court Dismisses Church's Challenge To Closure Ordered By Synod

In Evangelical Lutheran Church of the Redeemer v. Southeastern Pennsylvania Synod of the Evangelical Lutheran Church In America, (Phil. Ct. Com Pl., Sept. 22, 2008), a Philadelphia County, Pennsylvania trial court dismissed for lack of subject matter jurisdiction a church's challenge to action taken by its parent body to close down the congregation. Because of diminished attendance and financial problems in the congregation, the Synod invoked provisions of its constitution to take control of the church's property, allegedly worth $1.5 million, prevented the congregation from hiring a new pastor, and closed the congregation. The court held that it could not adjudicate the church's breach of contract claim against the Synod. This was not a dispute that can be decided using neutral principles of civil law. Instead it is "intimately linked to defendant's internal criteria." The court concluded that the free exercise clause requires it to defer to decisions made by the church hierarchy in this type of challenge to matters of internal governance.

Texas Appoints 3 Anti-Evolutionists To Curriculum Review Panel

Yesterday's Dallas News reports that conservatives on the Texas State Board of Education have appointed three supporters of teaching intelligent design or creationism to a six-member review committee for science curriculum standards in Texas schools. Two of the appointees, Stephen Meyer and Ralph Seelke, have authored the textbook Explore Evolution, distributed by the Discovery Institute. The third evolution critic is Baylor University Professor Charles Garner. The three other appointees to the review committee are professors at Texas universities. Texas Freedom Network yesterday issued a release quoting TFN president Kathy Miller who said in part:

It's simply stunning that any state board members would even consider appointing authors of an anti-evolution textbook to a panel of scientists.... Texas universities boast some of the leading scientists in the world.... It’s appalling that some state board members turned to out-of-state ideologues to decide whether Texas kids get a 21st-century science education.

[Thanks to Scott Mange for the lead.]

Consent Decrees In Two Christian Free Speech Cases

The Alliance Defense Fund this week announced settlements in two pending cases. In Swagler v. Harford County, Maryland, (D MD, Oct. 10, 2008), the court issued a consent order in lieu of a preliminary injunction. In it the county agrees not to enforce Harford County Code § 219 in a manner that prohibits the display of hand-held signs in a traditional public forum without a permit. In its release on the case, ADF said that the case stems from the arrest, and later dropping of charges, against 18 participants in Defend Life's "Face the Truth Pro-life Tour." Apparently the decree applies while the case is being further litigated on the merits.

ADF has also announced a consent decree in a second case, Foht v. Village of Kewaskum, (ED WI, Oct. 14, 2008). Plaintiff, who was placing Christian literature on the door handles of residences was threatened with fines under a village ordinance banning various kinds of literature distribution. Subsequently the Village repealed the ordinance. In the consent order, the court found that the prior ordinance was facially unconstitutional, but dismissed the lawsuit without prejudice. The Village agreed to pay nominal damages and plaintiff''s attorneys fees.

Saudi Resigns From Municipal Council In Protst Over Eid Festivities

In Saudi Arabia, Abdullah Al-Suwailim, a member of the Riyadh Municipal Council, has resigned in protest over violations of Islamic law that occurred during the city's Eid Al-Fitr celebration this year. Today's Arab News reports that instead of concrete barriers separating families from single men, the two sections were merely separated by 30 meters of open space. Also non-Muslims entertained at the event and live music was played in one of the theatrical productions. Ibrahim Al-Khudairi, a judge in the Court of Appeals, said that "nothing in the content of (Riyadh's) Eid program is against Islamic teachings." The Eid festival is seen by the government as a way of promoting tourism.

Fair Use Claim Filed In Dispute Over Anti-Muslim Remarks on YouTube

According to the Los Angeles Metropolitan News-Enterprise, last Friday documentary film maker Robert Greenwald's company, Brave New Films (BNF), filed a federal lawsuit against talk radio host Michael Savage and Talk Radio Network (TRN) that syndicates Savage's show. Last January, BNF uploaded to its channel on YouTube a video titled "Michael Savage Hates Muslims." The video criticized Savage, and included one minute of audio excerpts from a Savage broadcast in which Savage denigrates Muslims. TRN sent a "takedown notice" to YouTube, demanding removal of the video, claiming it infringed its copyright. This lawsuit, filed in response in the Northern District of California, seeks a declaration that the video made fair use of the copyrighted material. It also seeks damages for misrepresentations TRN made in the takedown notice. It cites as a basis for its claim an earlier fair use ruling in a lawsuit by Savage against CAIR for using audio clips from the same broadcast.

Army Base Jewish Lay Leader Criticized For Reaction To Anti-Semitic Incident

As previously reported, at Ft. Benning, Georgia, Army Private Michael Handman was subjected to anti-Semitic taunts and forced by his drill sergeants to remove his kippah (head covering). Subsequently Handman was assaulted by a fellow-soldier, though investigators concluded that this attack was not motivated by anti-Semitism. (See prior postings 1, 2.) On Monday, The Public Record reported that now some members of the Jewish community are calling for removal of retired Navy Captain Neil Block, the Jewish Lay Leader and advocate for Jewish soldiers at Fort Benning because of his remarks about the incidents. Block said of Handman: "When he told me that he was going to wear a keepah ... I said God bless you, but be prepared, there’s a consequence to it and you’re going to be challenged." Block went on:

He has a drill sergeant who has never seen a keepah in his life and treated him less than mommy and daddy would and made some derogatory comments about his faith. This whole thing is an issue of overreaction. Should his drill sergeants have known better? Yeah. But they didn’t. I was at a party where people talking about Jewing somebody down. It goes on. Does it make it right? No. But it’s basic training. You can’t control 100 or so soldiers. I mean everybody uses the “n” word now and then” to refer to African Americans....

Any young Jew who uses his minority status to play the system is villainous. There’s that element that I am being discriminated against.

Block also interviewed the drill sergeants who were reprimanded for referring to Handman as "Juden," "kike" and "fucking Jew." Block said: "these are two absolutely contrite individuals who did not understand what they were saying. One of the drill sergeants spent time in Germany. Juden is the German word for Jew. To some Jews it may have a pejorative impact. But it’s a legitimate word in German."

Indian Government Claims Ram's Bridge Not Essential To Hindu Beliefs

For some time there has been a case pending in India's Supreme Court challenging the government’s plans to dredge a shipping canal between India and Sri Lanka in order to reduce sailing time between India’s coasts by 30 hours. However, the channel goes through limestone shoals known as Adam’s Bridge or Ram's Bridge that Hindus believe were built by the God King Rama. (See prior posting.) On Monday, according to IANS, the government filed its written arguments with the court, and those arguments are controversial. The government contends that it has not been proven that the Ram Setu bridge in the Palk Strait between India and Sri Lanka is an "essential and integral part of Hindu religion." It went on to argue: "A religious belief or practice which is not an essential and integral part of the religion is not protected by Article 25 or 26 of the constitution."

Meanwhile, however, complying with an earlier suggestion by the court, the government has appointed a special committee to examine whether it would be possible to create an alternative and shorter sea route around India’s southern tip, and in that way avoid damage to the Rama Setu.

Suit Seeks To Have Ex-Gays Protected By DC Human Rights Act

The group Parents and Friends of Ex-Gays & Gays (PFOX) announced yesterday that it had filed a lawsuit in the D.C. Superior Court seeking to require the Washington D.C. Office of Human Rights to include former homosexuals as a group that is protected by the D.C. Human Rights Act. The law prohibits discrimination based on sexual orientation, sexual preference, gender identity and gender expression. PFOX claims that former homosexuals and their friends have been fired from their jobs, ridiculed, assaulted, and intimidated, and thus should be entitled to the same legal protections as gays.

Edmond Oklahoma Raises Concerns With Proposed Expenditure For Statue of Jesus

According to the AP, the Edmond Oklahoma Visual Arts Commission has approved spending $3900 in public funds to help pay for a bronze statue of Jesus to be placed downtown for Christmas. The statue, titled "Come Unto Me" (photo), will be put up in front of the Sacred Heart Catholic Gifts shop. Last year, the Arts Commission initially approved, and after public objections withdrew, a proposed expenditure of $17,500 on statue of Moses to be placed at Edmond's First Christian Church. Americans United today issued a release objecting to the proposed expenditure, and disputing the artist's argument that the sculpture "doesn't state that it is specifically Jesus. It is whatever you perceive it to be." Blog from the Capitol also covers the story.

State Senator's Suit Against God Dismissed For Lack of Service

Last year, Nebraska state senator Ernie Chambers filed a lawsuit in a Douglas County, Nebraska state court naming God as defendant and seeking an injunction against God to end His causing, death destruction and terror through various natural disasters. (See prior posting.) Chambers has variously explained the action as a protest against frivolous lawsuits or an attempt to show that everyone should have access to the courts. Yesterday, according to the Associated Press, Douglas County District Court Judge Marlon Polk dismissed the case, ruling that "there can never be service effectuated on the named defendant this action." Chambers says he disagrees with the decision. He argues: "The court itself acknowledges the existence of God. A consequence of that acknowledgment is a recognition of God's omniscience. Since God knows everything, God has notice of this lawsuit." Chambers has not decided yet whether to appeal.

Cert. Filed In Coach's Attempt to Pray With His Team

According to My Central Jersey.com, on Monday, a petition for certiorari was filed with the U.S. Supreme Court in Borden v. School District of the Township of East Brusnwick. In the case, the 3rd Circuit last April upheld a school district rule that prevented high school football coach Marcus Borden from joining with his team in its pre-meal grace and taking a knee during a prayer in the locker-room by team members. The court found that given the specific history of Borden's activities, his joining with the team could reasonably be interpreted as an endorsement of religion by him. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

UPDATE: Here is the Petition for Cert and the amicus brief in support of the petition filed by the American Football Coaches Association.

Tax Lien Sale For Synagogue's Back Taxes Will Be Tomorrow On Sukkot

In Ocean Township, New Jersey tomorrow-- which is the Jewish holiday of Sukkot-- a tax sale will be held at town hall to auction off liens on properties that are delinquent in their taxes. Included will be a tax lien on the the Synagogue of Oakhurst Community Center. APP.com reported the complicated story last week. The Orthodox synagogue owes the township over $36,000 in taxes. They were assessed because, for years, the synagogue, operating in an area not zoned for houses of worship, pretended to be a child care center. Since 2003 when the improper use was discovered by authorities, numerous zoning complaints have been issued against the synagogue. Currently the synagogue is in litigation over whether it will be granted a property tax exemption.

British Ministry Report Promotes Faith-Based Partnerships In Corrections

Today Britain's Ministry of Justice released a report titled Working With the Third Sector to Reduce Reoffending: Securing Effective Partnerships 2008-2011. Here is an excerpt:

3.3 Faith-based organisations make up a substantial part of the third sector, with a long history of working with offenders in prisons, through the gate, and in the community. This includes work that is non-faith-based; access to spiritual care and support for offenders who are of faith; and support for offenders returning to communities where faith is a strong part of the fabric of that community and where faith organisations can help build trust and acceptance and support effective reintegration.

Faith-based organisations can offer an invaluable link into communities, including to those who are not part of other networks or accessing mainstream services and support. Because religion occupies a central place in the culture and identity of many minority ethnic and refugee communities, faith-based organisations can be the principal gateway and source of support to these communities....

In response to the report, the British Humanist Association issued a statement expressing "extreme disappointment at the Government’s plans to further increase and promote 'faith' in the management of offenders, both in prisons and in the community."

Forced Conversions To Hinduism Reported In India's Orissa State

Today's New York Times carries a front-page story on the continuing religious tension and violence in the Kandhamal district of India's Orissa state. Old tribal rivalries underlie the violence. The Kandhas, who are largely Hindu, accuse the Panas, who have embraced Christianity, of cheating to obtain quotas for government jobs, while the Panas say the Kandhas are just resentful of the Panas' success at educating themselves. Violence was triggered by the August killing of charismatic Hindu preacher, Swami Laxmanananda Saraswati. The killers were probably Maoist guerrillas, but radical Hindus blame Christians. Since then, a number of Christians have been forced to embrace Hinduism, under threat of expulsion or death. Subash Chauhan, a leader of the radical Hindu group, Bajrang Dal, accused Christian missionaries of using promises of education and social services to get villagers to convert. He said it was unrealistic to expect the Kandhas to tolerate the Panas living among them as followers of Jesus. (See prior related posting.)

Suit Claims College Students Disciplined for Praying

The Pacific Justice Institute announced last week that it had filed a federal lawsuit against the College of Alameda, part of the California state system. The lawsuit claims that two students, Kandy Kyriacou and Ojoma Omaga, received disciplinary letters threatening to suspend them for "disruptive or insulting behavior, willful disobedience . . . persistent abuse of college employees." The suit claims that the disciplinary action stems from an incident last December in which Kyriacou visited an instructor in her office to give her a Christmas present, and found that the instructor was feeling ill. Kyriacou offered to pray for her. The instructor bowed her head, and the student began to pray when another faculty member, Derek Piazza, came in and told her she could not pray there. Kyriacou left and joined her friend, now co-plaintiff, Omaga, followed by Piazza who repeated his warnings to Kyriacou. The lawsuit asks that the disciplinary letters be rescinded.

Opposition To Westhampton Beach NY Eruv Continues From Community

The battle over whether the Westhampton Beach (NY) Village Board should approve a synagogue's construction of an eruv (symbolic religious enclosure) around part of the village continues. (See prior posting.) The Southampton Press reports that yesterday more than 100 people attended a meeting sponsored by a group known as Jewish People Opposed to the Eruv (JPOE). Attendees were asked to sign petitions which will be submitted along with a legal brief (full text) authored by church-state expert Marci Hamilton. Prof. Hamilton was hired by another anti-eruv group, the Alliance for the Separation of Church and State in the Greater Westhampton Area. Jack Kringstein, the vice president of JPOE said that the eruv would change the community for the worse by bringing in unwelcome people. An AP story from earlier this month on the Westhampton dispute explains opponents are concerned that "Westhampton Beach — a wealthy community but one less glitzy than its better known neighbors Southampton and East Hampton — may evolve into an Orthodox enclave."

The 18-page legal brief opposing the eruv puts forth a number of arguments as to why it would violate separation of church and state limitations, despite court cases elsewhere that have approved such arrangements. In part arguments focus on the fact that under Jewish religious law, the symbolic enclosure of space needs to be accompanied by a civil government proclamation, although that could come from the governor or state attorney general instead of the village board. The brief argues that village approval of the eruv along with a proclamation would be a government act carrying out religious law. It also contends that permitting the eruv would violate the principle of neutrality, and would be endorsement of an identified religious enclave with specific geographical boundaries. [Thanks to Steven H. Sholk for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Paul Horwitz, Religion and American Politics: Three Views of the Cathedral ,(October 2, 2008).
• George P. Smith, Biotechnology, Religion, Modern Science and Law: Shaping or Testing the New Modernity? The Curse of Itching Ears, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-30 (2006).)

From SmartCILP:

• Peace With Creation: Catholic Perspectives on Environmental Law. Keynote address by Archbishop Harry J. Flynn; welcome address by Sen. Amy Klobuchar; articles by William C. French, Keith Douglass Warner, John Copeland Nagle, Lucia A. Silecchia, John Hart, Andrew P. Morriss, Gregory R. Beabout, Jamison E. Colburn and Jerome M. Organ. 5 University of St. Thomas Law Journal 1-287 (2008).

Recent Books:

• John Garrard & Carol Garrard, Russian Orthodoxy Resurgent: Faith and Power in the New Russia, (Princeton University Press, 2008).
• Macel Falwell with Melanie Hemry, Jerry Falwell : His Life and Legacy, (Howard Books, 2008).

Texas Coroner Wants Exemption From State Religious Freedom Restoration Act

Yesterday's Houston Chronicle reported that the Harris County, Texas Medical Examiner's Office is considering asking the state legislature to enact legislation to exempt the coroner's office from Texas Religious Freedom Restoration Act. Last year, a Texas court invoked the law to bar an autopsy of an Orthodox Jewish man who committed suicide after battling depression. The medical examiner's office however, says that a judge or member of the clergy should not be able to overrule a coroner's decision that an autopsy is needed. State law calls for an autopsy in cases of murder, suicide and or where the cause of death is not known. In cases of Jewish or Muslim families, the coroner's office preserves all body parts and fluids for burial, and expedites autopsies so burial can take place quickly as required by religious law. [Thanks to Steven H. Sholk for the lead.]

Virginia School District Moves To Less Controversial Bible Curriculum

According to yesterday's Roanoke Times, the Craig County, Virginia, School Board last week voted 5-0 to drop a course called "The Bible in History and Literature" that uses the controversial curriculum developed by the National Council on Bible Curriculum in Public Schools. That curriculum has been criticized as promoting particular religious beliefs. The course will be replaced by one using a curriculum titled "The Bible and Its Influence," created by the Bible Literacy Project and which has been endorsed by experts in literature, religion and church-state law. (See prior related posting.) [Thanks to Scott Mange for the lead.]