Taliban In Afghanistan Kill Aid Worker, Charging Christian Proselytizing

The AP reports that the murder of a Christian aid worker in Afghanistan today was carried out on orders of the Taliban who objected to her engaging in proselytizing activity. Gayle Williams, 34 years old and a dual citizen of Britain and South Africa was gunned down by assailants on a motorbike as she walked to work. Taliban spokesman Zabiullah Mujahid told the AP: "This woman came to Afghanistan to teach Christianity to the people of Afghanistan. Our (leaders) issued a decree to kill this woman." A spokeswoman for the aid group SERVE denied that Williams, who worked with handicapped Afghans, was engaged in proselytizing.

Rector's Suit Against Bishop Opens In Pennsylvania Today

Today's Philadelphia Inquirer reports on an unusual trial that begins today in a Pennsylvania state trial court. Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA), is suing Episcopal Bishop Charles E. Bennison Jr. for fraud and deception allegedly used to remove Moyer as a priest six years ago. Moyer is a conservative, opposed to same-sex marriage and ordination of gays and women. Moyer and several other conservative rectors barred the liberal Bishop Bennison from preaching or administering sacraments in their parishes, arguing that Bennison's views on homosexuality were unbiblical and close to heresy. In response, Bennison "inhibited" Moyer, and in 2002 removed him, and denied him a church trial on the removal saying that Moyer had "broken communion" with the Episcopal Church by accepting (and then refusing) appointment as a bishop in the conservative Anglican Church in America. While civil courts usually refuse to adjudicate these kinds of internal church determinations, Common Pleas Court Judge Thomas Branca held otherwise last year after Moyer argued that he lacked other remedies since he had been improperly denied a church trial.

Meanwhile Bennison himself is facing possible removal on charges that 30 years ago he failed to take action and concealed information when his older brother John--then a youth minister-- sexually abused a teenage girl in his parish. [Thanks to James Maule via Religionlaw for the lead.]

UPDATE: As the trial reached its third day on Wednesday, Bennison's lawyers asked the court to dismiss the case on First Amendment grounds. Judge Joseph Smyth who is presiding at trial said that perhaps the case does not belong in civil court, but decided that he should honor the rulings to the contrary by Judge Thomas Branca and complete the trial. According to the Philadelphia Inquirer, Smyth said he anticipated important appellate issues would be raised.

Muslim Lawsuits Speed Up Processing of Citizenship Applications

In response to class action lawsuits filed by Muslims in several states, federal authorities began in May to reduce a nationwide backlog of citizenship applications that have been delayed because of required name checks and background checks. Today's Arlington Heights (IL) Daily Herald reports that the U.S. Citizenship and Immigration Services and the FBI have reduced the backlog from 82,000 to 10,000 cases, and hopes by November to process any name checks that have been pending for more than one year. Groups such as CAIR say that that regulations on name and background checks have unfairly targeted Muslim immigrants, and that officials spend too much time investigating applicants' connections with Muslim organizations. Federal officials deny this, saying that the problem is multiple spellings of foreign names and a large increase in citizenship applications in 2007 ahead of new fee increases. The FBI is building a new high-tech records facility that it hopes will prevent future processing delays. (See prior related posting.)

British and Moroccan Agencies Impose Religious Tests On Adoptive Parents

Last Saturday's Times of London reports on the religious demands made upon Robert and Jo Garofalo, a British couple who adopted a Moroccan child in 2006 and later attempted to adopt a second child from the same orphanage. At the time of the first adoption, apparently as required by Moroccan authorities, the couple converted to Islam. When the couple approached their local social services agency in Surrey to obtain permission to adopt a second child, British social workers-- in conducting an initial assessment-- raised questions as to whether the parents doing enough to nurture their first child's Muslim heritage. The social service report stated that in the Garofalo's home, "there is no outward sign that this is a Muslim family." The Garofalo's think that social workers should not be judging their commitment to Islam. Because of objections to various aspects of the required re-assessment by British social services, the Garofalo's have given up on adopting a second child.

Recent Articles and Books of Interest

From SSRN:

• Saadiah Mohamad, Islamic Hedging: Gambling or Risk Management?, (August 27, 2008).
• Penelope Andrews, Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, (Utah Law Review, 2009).
• Joseph Vining, Is There an Implicit Theology in the Practice of Ordinary Law?, (Mercer Law Review Vol. 53, No. 3, Oct. 2008).
• Kenneth L. Marcus, Privileging and Protecting Schoolhouse Religion, (Journal of Law and Education, 2008).
• Rod Dixon, Pledging to God While Getting a Public Education: Why a Wall of Separation Divides Ceremonial Celebration from Religious Indoctrination: Elk Grove Unified School District V. Newdow and the Right of Parental Privacy, (October 13, 2008).
• Ann Piccard, Faith-Based and Community Initiatives: Unconstitutional Delegations of Executive Power, (Oct. 13, 2008).

From SmartCILP:

• Steven Wilf, The Ten Commandments Cases: A View from Within, (40 Connecticut Law Review 1329-1345, 2008).
• 25th Anniversary Issue. Islamic Law in a Globalized World: Implications for Contemporary Finance Law. Introduction by Faiza Soniya Yunus; articles by Mahmoud A. El-Gamal, Scheherazade S. Rehman, Mohammad H. Fadel, Michael J. T. McMillen, Hikmahanto Juwana, Yeni Salma Barlinti, Yetty Komalasari Dewi and Walid Hegazy. (25 Wisconsin International Law Journal 605-835 (2008)).
  

Recent Books:

• Mark A. Noll, God and Race in American Politics: A Short History, (Princeton Univ. Press, 2008), reviewed in the Chronicle of Higher Education.
• Michael Bachelard, Behind the Exclusive Brethren, (Scribe Publications, Oct. 2008), reviewed by GayNZ.com.

Times Reports On China's Increasing Restrictions On Muslim Uighurs

A front page story in today's New York Times reports on the "intricate series of laws and regulations intended to control the spread and practice of Islam" imposed by China on Uighurs in the autonomous region of Xinjiang:

Official versions of the Koran are the only legal ones. Imams may not teach the Koran in private, and studying Arabic is allowed only at special government schools.... Students and government workers are compelled to eat during Ramadan, and the passports of Uighurs have been confiscated across Xinjiang to force them to join government-run hajj tours rather than travel illegally to Mecca on their own. Government workers are not permitted to practice Islam, which means the slightest sign of devotion, a head scarf on a woman, for example, could lead to a firing.

The government justifies the particularly strict regulation as an attempt to prevent destabilization of the region by forces of separatism, terrorism and religious extremism. Other media have previously published similar reports. (See prior posting.)

Michigan Court Upholds Social Security Number Requirement For Drivers License

In Champion v. Secretary of State, (MI Ct. App., Oct. 16, 2008), the Michigan Court of Appeals rejected claims under the free exercise and equal protection clauses of the Michigan constitution and required that a religious objector furnish his social security number in order to obtain a drivers license. Plaintiff, while he has a social security number, believes that they are a precursor to the mark of the beast described in the Book of Revelation. The social security number requirement was enacted by Michigan under provisions of the federal Child Support and Establishment of Paternity Act (CSEPA). While Michigan applies the "compelling interest" test to state free exercise claims, the court concluded that the state has a compelling interest in enforcing child support payments. Also, in the court's view, No less restrictive means are available to achieve that compelling interest.

In an interesting footnote, however ,the court rejected the state's alternative argument that it has a compelling interest in obtaining the federal funding that is available only if it complies with CSEPA. The court said: "It would indeed be troubling to conclude that Michigan can, without state constitutional ramifications, effectively burden a citizen's free exercise of religion, or any constitutional right, if sufficient monies are thrown in its direction by the federal government."

Recent Prisoner Free Exercise Cases

In Smith v. Kyler, (3d Cir., Oct. 9, 2008), the U.S. 3rd Circuit Court of Appeals upheld the policy of the Pennsylvania Department of Corrections to provide chaplains only for the largest major faith groups and to prohibit group worship by others unless a volunteer faith group leader could be found. The court rejected free exercise, equal protection and RLUIPA challenges brought by a Rastafarian prisoner who wished to attend weekly services.

In Vann v. Hernandez, 2008 U.S. Dist. LEXIS 80272 (ED CA, Oct. 6, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claims that correctional officers used excessive force against him and trashed his cell at least in part because he is Jewish, and that they retaliated against him based on his religion. However the court found no allegations supporting a free exercise claim.

In Torres v. Snyder, 2008 U.S. Dist. LEXIS 80749 (ED CA, Sept. 23, 2008), a California federal magistrate judge dismissed for lack of supporting factual allegations a free exercise claim brought by a prisoner who complained that correctional staff refused to believe that he is white.

In Moro v. Winsor, 2008 U.S. Dist. LEXIS 71705 (SD IL, Sept. 22, 2008), an Illinois federal district court accepted in part and rejected in part a magistrate's recommendations (2008 U.S. Dist. LEXIS 82525, Aug. 5, 2008) in a case brought by a Gnostic Catholic prisoner. Plaintiff alleged delays in receiving religious materials, denial of the opportunity to gather in the chapel or on religious feast days, and prohibition of certain religious items, as well as other violations. The court found that issues of fact remain for determination in plaintiff's free exercise and RLUIPA claims against certain of the defendants, and that some claims for injunctive relief are not moot even though he has been moved to a different facility.

Complaints Aired Over Ban on Teachers At "See You At the Pole"

The Carlisle (PA) Sentinel reported that at last Thursday's meeting of the Carlisle Area School Board, a group of parents and teachers attended to complain about the Board's decision to bar teachers from attending September's student-initiated "See You At the Pole" prayer event. District Solicitor Jim Flower has said the decision was based on a recent Third Circuit ruling involving New Jersey football coach Marcus Borden praying with his student team members.

Alabama School Board Seeks To Fend Off Litigious Preacher

In Bay Minette, Alabama, the Baldwin County (AL) School Board has filed a lawsuit in state court asking the court "for guidance in hopes of preventing prolonged legal expense to the taxpayers." The problem is repeated litigation by Christian preacher Orlando Bethel and his wife Glynis-- including a new suit seeking $5 million in damages for refusing to permit a Christian after-school program on teenage pregnancy, juvenile delinquency and sexual abstinence. Since 2005, the Bethels have filed more than a dozen lawsuits against various governmental units in Alabama. According to today's Birmingham Press-Register, the Baldwin school board has already incurred over $30,000 in legal fees in two of those suits. The Bethels are currently under a restraining order prohibiting them from coming within 200 feet of Loxley Elementary School, Baldwin students and board employees during school hours and functions. Apparently they have disrupted school activities and frightened students.

California's Proposition 8 Pushed By Religious Groups, Especially Mormons

California's Proposition 8 on the ballot in November aims to overturn the California Supreme Court's recognition of same-sex marriage. (See prior posting.) Yesterday's News Blaze carries a long article about the involvement of religious organizations-- and particularly the Mormon Church-- in support of Proposition 8. Calls are being made into California by out-of-state Mormons, such as a group in Rexburg, Idaho. LDS volunteers are also going door-to-door in support in California. The article goes on to report on funding for the Proposition 8 campaign:

Proposition 8 has exploded into the most expensive, extensive gay-marriage battle ever. The forces pushing it include all the Mormons who've made individual campaign donations totaling more than $9 million (more than 40 percent of the war chest...). Conservative Catholics, including the Knights of Columbus, have kicked in more than $1 million. Other notable backers include Dobson's Focus on the Family (about $500,000), a wealthy board member of that group ($450,000), an Orthodox Jewish group based in New York City, evangelical groups from all over, miscellaneous Baptists and Muslims and Sikhs, the National Organization for Marriage (about $950,000), the American Family Association ($500,000), a couple of right-wing foundations ($1.5 million), and countless Republicans who don't necessarily belong to any of the other groups.

Louisiana Governor Criticized For State Travel To Worship In Various Churches

Yesterday, Americans United issued a release strongly criticizing Louisiana Governor Bobby Jindal for traveling in State Police helicopters a dozen times to worship in churches in northern Louisiana. A long article last week in the Advocate discloses that Jindal ran up extensive costs for the state by using the helicopters for various kinds of trips, including those that involved worshiping in churches around the state. Those church visits, largely unadvertised, are coupled with visits to local officials. At one church, Jindal spoke, sharing a message of Christian faith with the congregation.

Justice Department 2007 Memo Says RFRA Trumps Non-Discrimination Law

Yesterday’s New York Times reported on a 25-page memorandum (full text) written in 2007, but released only last week, by the Justice Department’s Office of Legal Counsel (OLC). The memo concludes that the Religious Freedom Restoration Act (RFRA) trumps the religious anti-discrimination provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA). The memo concludes that a Christian organization, World Vision, could receive a federal grant to support its Vision Youth Program (which is directed toward "at-risk youth") even though the organization hires only Christian staff. The program serves youth regardless of religious affiliation.

In the memo, OLC concluded that requiring World Vision to comply with the JJDPA nondiscrimination provision would substantially burden its religious exercise, and enforcing the religious nondiscrimination provision would not further a compelling governmental interest. Some civil rights groups took strong exception to the newly released memo. ACLU senior legislative counsel Christopher E. Anders called it "the church-state equivalent of the torture memos."

Vietnam Official Wants Hanoi Archbishop Ousted

Viet Catholic News Agency reports today that local government officials in Vietnam are attempting to force the Catholic Church to oust Archbishop Joseph Ngo Quang Kiet, Archbishop of Hanoi. Nguyen The Thao, Chairman of the People’s Committee of Hanoi (a position similar to mayor) told a group of diplomats earlier this week that the present Archbishop "has neither reputation nor creditability with the city's citizens, including Catholic faithful." State-controlled media echoed the call for the Archbishop’s removal. According to Catholic media, Catholics in Hanoi and elsewhere, however, have held large prayer vigils in support of the Archbishop.

Vatican Issues Commentary on Religion and Government

The news agency Zenit today published "Profile of a Catholic Politician", a Gospel commentary for tomorrow by Father Raniero Cantalamessa, the Pontifical Household preacher. It focuses on a famous line from tomorrow's prescribed readings: "Give to Caesar what is Caesar's, and to God what is God's." The commentary reads in part:

[This] means: "Give to Caesar what God himself wants to be given to Caesar." ... We are not divided between two loyalties; we are not forced to serve "two masters." The Christian is free to obey the state, but he is also free to resist the state when it goes against God and his law.... [Y]ou must first obey God and your own conscience....

Paying appropriately levied taxes is for the Christian ... a duty of justice and therefore an obligation of conscience.... The "Catechism of the Catholic Church" reminds us that tax evasion, when it reaches certain proportions, is a mortal sin.... It is stealing ... from the community, that is, from everyone. Naturally, this supposes that the state is just and equitable in imposing taxes.

Christian cooperation in building a just and peaceful society does not stop at paying taxes; it must also extend itself to the promotion of common values such as the family, the defense of life, solidarity with the poor, peace. There is also another sphere in which Christians must make a contribution to politics.... Christians must help to remove the poison from the climate of contentiousness in politics, bring back greater respect, composure and dignity to relationships between parties....

7th Circuit Limits Taxpayer Standing In Suit Seeking Restitution From Notre Dame

The U.S. 7th Circuit Court of Appeals in Laskowski v. Spellings, (7th Cir., Oct. 14, 2008) held that federal taxpayers lack standing to sue a private recipient of a federal grant for restitution to the Treasury as a remedy in an otherwise moot Establishment Clause case. The case involved a $500,000 Congressional earmark for Notre Dame University to use to operate a teacher training program. While the suit was pending, the grant expired. This mooted the claim for an injunction against the Secretary of Education. Originally in a 2-1 decision, the 7th Circuit permitted the claim for restitution against Notre Dame to proceed. However, the U.S. Supreme Court granted certiorari and remanded the case for reconsideration in light of its Hein decision. The 7th Circuit now concludes that after Hein, "taxpayers continue to have standing to sue for injunctive relief against specific congressional appropriations alleged to violate the Establishment Clause, but that is all." [Thanks to Derek L. Gaubatz for the lead.]

Philippines House Passes Bill To Ban Religious Labels In Reporting On Criminal Suspects

A press release from the Philippines' House of Representatives reports that it has approved a proposed bill to ban newspapers, broadcast and electronic media from labelling criminal suspects (or persons convicted of crimes) as "Muslim" or "Christian", or to use any other word denoting religious, regional or ethnic affiliation in reporting on them. Violations will lead to a fine imposed on the editor-in-chief in print media, or on the news editor in broadcast or electronic mass media. Sponsors of the bill say that religious or ethnic labels create sweeping generalizations about other innocent members of the group. The bill was sponsored by the House Committee on Muslim Affairs. House Bill 100 now goes to the Philippines Senate for action.

Groups Criticize Kyrgyzstan's Proposed Religion Law

Forum 18 reported yesterday that Kyrgyzstan's Parliament last week passed without discussion the first reading of a new Religion Law. The second and final reading may be later this month. News Agency 24.kg reported yesterday that Alexander Shumilin chairman of Kyrgyzstan's Council of Churches of Evangelical Baptist Christians, has strongly criticized the proposed new law. He says that because only 5% of current religious organizations will meet the requirement that they have at least 200 adult members with permanent residence in order to register, many groups will go into hiding and this will make it more difficult for the government to control them.

The proposed law will also ban the free distribution of religious literature. Parliamentary Deputy Zainidin Kurmanov, one of the law's authors, said: "It is very unpleasant when you are on the street when someone comes up to you and forces on you their ideas on their religion." He also said that extremist literature is being distributed as religious tracts.

Policy Change On Gay Pride Parade Results In Injunction Denial For Firefighters

Last week, a San Diego (CA) Superior Court judge refused to grant an injunction sought by four Catholic firefighters who objected to being required to participate in the local Gay Pride Parade. The complaint alleged that forced participation violated the firefighters' free speech rights. Developments in the case were reported in yesterday's Gay & Lesbian Times. The court said that an injunction goes to future action, and is not a punishment for past conduct. Future problems are unlikely because the city has changed its policy so that now no firefighter who is unwilling to do so will be required to participate in the Pride parade. Earlier this month, the jury deadlocked in a civil damage action by the firefighters claiming sexual harassment when they were required to operate a fire truck in the 2007 parade. A retrial on that claim is set for January.

Virginia Break-Away Anglican Congregations Score Another Victory

The Washington Times reports that on Tuesday, a Fairfax County, Virginia, trial court judge issued yet another ruling in favor of one of the local congregations that has broken away from the Episcopal Church in order to affiliate with the newly-created more conservative Anglican District of Virginia. Judge Randy I. Bellows decided that a contested parcel of land belongs to the Truro Church in Fairfax. He ruled that a 2007 conveyance of the property to Truro Church by Christ the Redeemer Church in Centreville was valid. This means that under Virginia's "Division Statute", this property, like other property of the congregation, will belong to it, and not to the church's former parent body, the Episcopal Church.

This ruling follows another important one made on September 26 in which Judge Bellows rejected challenges by the Episcopal Church to the validity of the votes authorizing eleven conservative congregations to break away from the Episcopal Church. The court now must still decide on the ownership of a handful of additional properties, including whether a 276-year-old church once attended by George Washington belongs to the Christ Episcopal Church in Alexandria. (See prior related posting.)