Georgia Court Says Free Exercise Objection to Evidence Not Preserved For Appeal

In Seibert v. State, 2008 Ga. App. LEXIS 1137 (GA Ct. App., Oct 22, 2008), a Georgia state appellate court rejected a claim by defendant, who had been convicted on stalking charges, that the trial court violated his right to free exercise of religion by admitting into evidence a prayer that he had composed. The document was introduced as impeachment evidence against defendant. The court said that while defendant had objected to introduction of the letter at trial, he never raised the free exercise clause as the basis for his objections and thus did not preserve that issue for appeal.

Jury Finds No Fraud In Assertion Behind Episcopal Priest's Removal

In Philadelphia (PA), a state trial court jury yesterday found for Episcopal Bishop Charles E. Bennison Jr. in the lawsuit against him for fraudulently removing Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA). The jury found for the diocese on an issue that was critical to all other issues in the case-- whether the diocese engaged in fraud when it asserted that Moyer "abandoned the communion of the Episcopal Church" in 2002. The judge ruled that this finding ended the case, and that the court did not need to get to the question of whether Bennison concealed from Moyer his plan to remove him without a church trial. The Philadelphia Inquirer reported yesterday on the decision, which avoids anticipated appeals on the broader question of whether a civil court could hear the case. Moyer claimed it could because he was improperly denied a church trial on his removal. (See prior posting.)

Utah AG Candidates Say Voters Want To Know Their Stands On Polygamy

Today's Houston Chronicle reports that the opposing candidates for state Attorney General in Utah say the question they are first asked by voters is their views on enforcing anti-polygamy statutes. Incumbent Republican Attorney General Mark Shurtleff, who supported Texas authorities' raids on the FLDS compound earlier this year, says Utah should investigate and prosecute crimes associated with polygamy, such as incest, child sexual abuse and welfare fraud. However, he says, the state lacks the resources to more generally prosecute thousands of consenting adults in the state who are polygamists. His political opponent, Democrat Jean Welch Hill, says that prosecutions should be limited to other crimes associated with polygamy. She argues that Utah's general bigamy statute is unconstitutional under the U.S. Supreme Court's 2003 ruling in Lawrence v. Texas.

Court Dismisses Title VII Claim By Pastor Against Catholic Archdiocese

In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 85317 (D NE, Oct. 22, 2008), a Nebraska federal district court dismissed a Title VII discrimination claim by an assistant pastor who was suspended from exercising priestly functions by the Omaha Catholic Archdiocese. Plaintiff alleged national origin and race discrimination, sexual harassment and retaliation. The court concluded that all the claims relate to adverse personnel action against plaintiff. It said: "A court cannot interfere in such decisions without becoming entangled in matters of religion in violation of the First Amendment's Establishment Clause." The court also refused to exercise supplemental jurisdiction over plaintiff's defamation claim. (See prior related posting.)

IRS Asked To Investigate Anti-Obama Letter From Bishop

Earlier this week, Americans United announced that it has written the Internal Revenue Services (full text of letter) asking it to investigate a letter published by Catholic Bishop Arthur J. Serratelli of Patterson, New Jersey. The letter, which AU says violates IRS rules on endorsement of candidates by non-profit organizations, is titled "A Politician’s Promise: No Right to Life! No Freedom!." It criticizes Barack Obama for his stand on abortion legislation and says: "Every vote counts. Today, either we choose to respect and protect life, especially the life of the child in the womb of the mother or we sanction the loss of our most basic freedoms." The letter was posted on the diocese website and published in its newspaper.

Venezuelan President Meets With Russian Orthodox Official

Itar-Tass reports that Venezuelan President Hugo Chavez met in Caracas yesterday with a leader of the Russian Orthodox Church, Metropolitan of Smolensk and Kaliningrad Kirill. Kirill, who was leading a delegation to Venezuela, discussed church-state relations with Chavez. Chavez stressed his adherence to Christian values and asked Kirill for a blessing. At the end of the meeting, Chavez proposed building of a Russian Orthodox temple in Caracas as a spiritual symbol of the developing relations between Russia and Venezuela.

Suit Against Oral Roberts University Settled

Today's Tulsa (OK) World reports that a lawsuit against Oral Roberts University by two former faculty members was settled this week. The lawsuit against the Christian university had alleged that the plaintiffs were wrongfully dismissed as faculty after they reported the University's use of resources in a candidate's political race for mayor in Tulsa and improper use of university funds by then-president Richard Roberts for home remodeling and for travel and other lifestyle extravagances for his wife and daughter. (See prior posting.) The terms of the settlement, reached in court-ordered mediation, are confidential.

En Banc Review Denied In Las Cruces Case

The U.S. 10th Circuit Court of Appeals yesterday rejected a petition seeking an en banc rehearing in Weinbaum v. City of Las Cruces. The Las Cruces (NM) Sun-News reports on the court's action. (See prior related posting.) In the case, a 3-judge panel dismissed an Establishment Clause challenge to the use of three Latin crosses as the symbol of the city of Las Cruces. (See prior posting.)

Bangladesh Islamist Party Changes Charter To Qualify For Registration

In Bangladesh, the Election Commission has ordered political parties to register, or else they will be disqualified from running candidates in the December 18 election that will bring Parliamentary democracy back to the country. (Registration laws.) For two years the country has been ruled by caretaker regimes. (Background). Today's Daily Star reports that the Bangladesh Jamaat-e-Islami party has made changes to its charter to qualify it to register. Its earlier charter had provided that only Allah could be accepted as the law-making authority, that party members must not swear loyalty to anyone except Allah and must refuse to obey anything that is not ordained by Allah and based on Allah's laws. The Election Commission held that these provisions unconstitutionally undermined the legislative authority given to Parliament by Bangladesh's Constitution. It is expected that between 30 and 35 parties will eventually qualify for registration, though many more have applied.

NY Diocese Gets Property of Break-Away Episcopal Parish

In Episcopal Diocese of Rochester v Harnish, (NY Ct. App., Oct. 23, 2008), New York's high court held that when All Saints parish broke away from the Episcopal Diocese of Rochester, New York, its property remained with the Diocese and the Protestant Episcopal Church of the United States of America. The Dennis Canon adopted in 1979 by the General Convention of the National Church provides that "All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which Parish, Mission or Congregation is located." The "neutral principles" test requires the court to respect these provisions. Virtue Online reports on the decision.

Dominican Republic High Court Upholds Country's Concordat With Vatican

On Wednesday, the Supreme Court of the Dominican Republic rejected a constitutional challenge to the 1954 Concordat and Final Protocol entered between the Vatican and the Dominican State. (Constitution in Spanish.) According to Dominican Today, the court held that although under the Concordat (Art. XXII), the government agrees to teach the Catholic religion and moral education in elementary and secondary public schools, the Concordat does not ban teaching of other religions as well. The challenge was brought by Jesus is Sanctity and Eternal Life Ministry on behalf of evangelical churches. (Background). The full text of the Court's 15-2 decision is available online in Spanish.

Florida Supreme Court Rejects "False Light" Claims In Jews For Jesus Case

In Jews for Jesus, Inc. v. Rapp, (FL Sup. Ct., Oct. 23, 2008) the Florida Supreme Court closed one avenue of relief, but opened another, in the long-running lawsuit by Edith Rapp who claimed that Jews for Jesus published a false report from her missionary stepson that she had joined the organization. Answering a question certified to it by the state court of appeals, the Supreme Court held that Florida does not recognize the tort of false light invasion of privacy. However, the court went on to hold that Florida does recognize a cause of action for defamation by implication, which covers literally true statements conveyed in a way that creates a false impression. The Supreme Court also held that a communication can be considered defamatory if it "prejudices" the plaintiff in the eyes of a "substantial and respectable minority of the community." Liberty Counsel issued a release on the decision. (See prior related posting.)

Religious Education Program In Israel's Military Questioned

In Israel, questions are being raised about the expanding role of the Chief Military Rabbinate in offering educational programs for members of the Israeli Defense Forces. Haaretz reported yesterday that the IDF's Education Corps is concerned that the Rabbinate's program harms "the delicate fabric of relations between the nonreligious and religious in the IDF." An officer expressed concern about "religious brainwashing and, indirectly, also political [brainwashing]." The spread of the Rabbinate's "Jewish Awareness" offerings has been made possible by significant private contributions to the Fund for Strengthening Israel's Defense, earmarked for the rabbinate's educational activities.

Cert. Filed In City Council Sectarian Prayer Case

Last Monday, a Petition for Certiorari (full text) was filed with the U.S. Supreme Court in Turner v. City Council of the City of Fredericksburg Virginia, (Docket No. 08-518). In the case, the U.S. 4th Circuit Court of Appeals (in a decision written by Sandra Day O'Connor sitting as a Circuit judge) upheld the city council's policy that requires prayers which open its sessions to be nondenominational. (See prior posting.) The cert. petition raises free exercise, Establishment Clause, free speech and overbreadth issues, including the question of whether prayer offered by an individual city council member is "government speech". [Thanks to Rob Luther for the lead.]

Green Bay Opts For Secular Holiday Displays This Year

Last year, Green Bay Wisconsin found itself in the middle of litigation after the then-City Council president put up a nativity scene at City Hall. (See prior posting.) Yesterday, the City Council's Advisory Committee, by a 5-1 vote, passed and sent on to City Council a resolution that would require holiday displays on city-owned property this year to be non-religious in nature. Reporting on the action, yesterday's Green Bay Press Gazette said that during the Committee's discussion, members pointed out that, while not opting for that result, the city would be within its rights to put up a nativity scene so long as it is accompanied by secular symbols.

India Law Commission Urges Changes In Marriage Laws

The Law Commission of India has recently issued a report on Laws of Civil Marriages in India –A Proposal to Resolve Certain Conflicts. In India, citizens currently have a choice of marriage under their religion-specific marriage laws, or a civil marriage under the Special Marriage Act of 1954. The report suggests that the law be changed to turn the 1954 Act into a general Marriage Act that would also apply to all inter-religious marriages except those within the Hindu, Buddhist, Sikh and Jain communities. The report also suggests changes in the law so that individuals marrying under the Marriage Act can still take advantage of inheritance rules related to their religion. IndLaw News summarizes the report.

This month the Law Commission also issued another report, Laws on Registration of Marriage and Divorce – A Proposal for Consolidation and Reform, that would require registration of all marriages and divorces regardless of the religion of the parties. IndLaw News summarizes the report.

Turkey High Court's Headscarf Opinions Published

Yesterday, Turkey's Constitutional Court published in the Official Gazette the majority and dissenting opinions in its June ruling striking down constitutional amendments that would have allowed wearing Islamic headscarves on university campuses. (See prior posting.) The provision in Turkey's constitution that the country is secular and democratic is unamendable, and the court said in its earlier order that the amendments violated that principle. According to Today's Zaman,the newly-published majority opinion said in part: "Persons might feel obliged to wear a headscarf, which goes against freedom of conscience. In a state regime where the nation has sovereignty, there can be no room for divine will based on Godly orders." The dissenters wrote: "The interpretation that the amendment runs contrary to the Constitution's principle of secularism is a forced interpretation."

Jordanian Poet Charged With Insulting Islam and Quran

Today's Jordan Times and Abu Dhabi's The National earlier this week report on the controversial charges filed by Jordan's state-run Press and Publication Department (PPD) against poet Islam Samhan. The poet has been charged with insulting Islam and the Quran. Apparently the problem is that Samhan incorporated verses from the Quran into his love poetry. He is also charged with violating Jordan's Press and Publications Law because his book of poetry, whose title is variously translated as "Grace Like a Shadow" or "In A Slim Shadow", was published by an unlicensed press and a copy was not submitted to PPD in advance. The Jordanian Writers Association is particularly concerned that Samhan was charged after consultation only with religious authorities, and there was no consultation with specialists in poetry or literature. Copies of Samhan's book have already been removed from bookstores in Jordan. He faces a potential fine of up to the equivalent of $28,000 (US) and up to three years imprisonment.

Pennsylvania School District Sued Over Restrictive Flyer Policy

Yesterday Alliance Defense Fund announced the filing of a lawsuit against the Haverford Township, Pennsylvania school district challenging school policies that preclude the Good News Club from sending flyers home with students promoting their after-school religious meetings. The complaint (full text) alleges that the schools permit a wide variety of community groups to distribute informational literature to students, but exclude Good News Club flyers because of their religious nature. The suit claims that this policy violates state and federal expression and free exercise protections, as well as the federal equal protection and due process clauses.

Complaint To IRS Focuses On Unusual Political Endorsement By Church

Americans United has sent a letter (full text) to the Internal Revenue Service complaining about an unusual type of political endorsement by an Espanola, New Mexico church. As described by its press release:

Rock Christian Fellowship ... has posted two large photos on its building. One depicts an aborted fetus and has underneath it three last names of Democratic candidates: Obama, Udall and Lujan.... The other photo is of a healthy baby and has below it three last names of Republican candidates: McCain, Pearce and East..... The photo of the healthy baby is headlined "Life." Below the display are the words "YOU WILL DECIDE."

AU calls the photos a "stunt" and says that they violate tax code limitations on political involvement by 501(c)(3) non-profit organizations. The New Mexican last week carried a story on the church's challenge to the ban on political activities, accompanied by photos of the display.