California Same-Sex Marriage Backers Protest Against Mormon Church

Angry that California's Proposition 8 banning same-sex marriage passed, on Thursday some 2000 protesters demonstrated outside the Mormon Temple in Los Angeles. The Mormon Church was particularly active in campaigning for passage of the ballot measure. (See prior posting.) Reporting on the demonstrations, Britain's Independent says that a public relations war against the Mormon church is planned, with demonstrations likely across California, including during Mormon services today. A report on Thursday's demonstration from LifeSiteNews says one protester urged taxing the Mormon church and others carried signs with slogans such as: "Don't teach hate" and "Mormons have 10 wives - I can't have one?" Some argue that the LDS church and other religious groups violated principles of church-state separation by backing Tuesday's ballot measure. However the Episcopal church in California supports same-sex marriage and says it will continue to work to validate it.

Beyond California, on Friday, according to the New York Times, a rally and march around the headquarters of the Mormon church took place in Salt Lake City (UT). Speaking at the rally, Utah State Senator Scott D. McCoy, one of three openly gay Utah legislators, told the crowd of 2000: "The way to deal with this problem is to love more, not hate."

Meanwhile today's Los Angeles Times reports on more general protests around California over the passage of proposition 8.

UPDATE: On Nov. 7, The LDS Church issued a statement decrying the protests against it, saying "it is wrong to target the Church and its sacred places of worship for being part of the democratic process." The Roman Catholic diocese of Sacramento also issued a statement, saying: "Bigoted attacks on Mormons for the part they played in our coalition are shameful and ignore the reality that Mormon voters were only a small part of the groundswell that supported Proposition 8."

7th Circuit Says Illinois May Reject "Choose Life" License Plates

In Choose Life Illinois, Inc. v. White, (7th Cir., Nov. 7, 2008), the U.S. 7th Circuit Court of Appeals upheld the refusal of the state Secretary of State to issue a special "Choose Life" license plate after proponents obtained the requisite number of signatures requesting it. The court said:

Specialty license plates implicate the speech rights of private speakers, not the government-speech doctrine. This triggers First Amendment "forum" analysis, and we conclude specialty plates are a nonpublic forum. Illinois may not discriminate on the basis of viewpoint, but it may control access to the forum based on the content of a proposed message—provided that any content-based restrictions are reasonable. The distinction between content and viewpoint discrimination makes a difference here.

It is undisputed that Illinois has excluded the entire subject of abortion from its specialty-plate program; it has authorized neither a pro-life plate nor a pro-choice plate. It has done so on the reasonable rationale that messages on specialty license plates give the appearance of having the government’s endorsement, and Illinois does not wish to be perceived as endorsing any position on the subject of abortion. The State’s rejection of a "Choose Life" license plate was thus content based but viewpoint neutral, and because it was also reasonable, there is no First Amendment violation.

Judge Manion wrote a concurring opinion. The court’s decision reversed the district court that had ordered the Secretary of State to issue the specialty plates. (See prior posting.) Today’s Chicago Sun Times reports on the 7th Circuit’s decision. The Thomas More Society, representing Choose Life Illinois, announced that they will seek a rehearing, and if that fails will seek Supreme Court review. [Thanks to Alliance Alert for the lead.]

Cert. Filed In Exorcism Case

A petition for certiorari was filed last Monday with the U.S. Supreme Court in Pleasant Glade Assembly of God v. Schubert, (Docket No. 08-592). In the case, the Texas Supreme Court, in a 6-3 decision, rejected the lawsuit brought by then 17-year old Laura Schubert alleging false imprisonment and assault by the pastor, youth minister and several members of an Assembly of God Church. The suit grew out of psychological injuries plaintiff suffered from a "laying of hands" on her to exorcise demonic forces. The majority held that deciding the case would unconstitutionally entangle the court in matters of church doctrine. (See prior posting).

UPDATE: Here is the full text of the cert. petition. [Thanks to Scott Gant.]

Remaining Claims In "Bong Hits 4 Jesus" Case Settled

Last year, the Supreme Court last year decided Morse v. Frederick, holding that Juneau, Alaska school officials did not violate a student's free speech rights when they confiscated his banner reading "Bong Hits 4 Jesus" displayed at the at the Olympic Torch Relay.(See prior posting.) However, there were additional claims left to be decided on remand. The AP reported yesterday that now the school district and former student Joseph Frederick have reached a settlement in the case. In exchange for Frederick dropping his remaining claims, the school district will pay him $45,000 and will also hire a neutral constitutional law expert to chair a forum on student speech rights this school year. Under the settlement, the school district will continue to enforce its policies prohibiting students from displaying materials that advocate or celebrate illegal drug use.

Media Reports On Role of Religious Voters In Obama's Victory

The media yesterday were filled with interesting articles on the role of religious voters in Barack Obama's election victory. The Wall Street Journal reported: "Mr. Obama won among Catholics, 54% to 45%, made gains among regular churchgoers and eroded a bit of the evangelical support that has been a fixture of Republican electoral success for years, exit polls showed." Newsweek looks at Obama's performance numbers among Evangelicals, Catholics, Jews and Secularists, finding that despite the "fairly relentless God talk" in Obama's campaign 75% of secularists voted for him. As to Evangelicals, McCain got around 74% of their vote, but that was a 5% decrease from George Bush's performance. And a separate article in today's Wall Street Journal suggests that McCain's still strong showing among Evangelicals belies reports during the campaign that "new Evangelicals" might go with the Democrats. [UPDATE: However today's New York Times places a different spin on the data, pointing out that Obama doubled his support among young evangelicals.] Much of the data was from a study published yesterday by Faith In Public Life.

Yesterday's Forward analyzes the Jewish vote, finding that 78% voted for Obama (a higher number than voted for Kerry in 2004). Earlier in the campaign, the level of Jewish support for Obama was much more questionable. The change was a result of concerted outreach efforts, Jewish unease over Sarah Palin and among some young Jews the possible opportunity to recreate the Black-Jewish alliance of civil rights movement days.

Finally Virtue Online publishes a fascinating account of private meetings during the primary campaign between Episcopal Bishop Gene Robinson and Obama. Robinson, the first gay bishop consecrated by the Episcopal church, discussed the role of religion in public life with Obama. Robinson, a controversial figure, gave this account of his first meeting with Obama: "The first words out of his mouth were, 'Well you're certainly causing a lot of trouble.' My response to him was, 'Well that makes two of us.'" Robinson says they also talked about their shared experience of being a "first", its dangers and the expectations it creates.

UPDATE: Today's New York Times also carries an article on the feelings of Muslim college students about the Obama victory. Most Muslims supported Obama. However they were frustrated by rumors that Obama was a Muslim and finally heartened by Colin Powell's statement rejecting the premise underlying the rumor. Many felt that open Muslim support would hurt Obama's chances.

DC Case Seeks To End Life Support Over Family's Religious Objections

Yesterday's Washington Post reports on a lawsuit filed in D.C. Superior Court by the Children's National Medical Center seeking an order allowing it to end life support for a brain-dead 12-year old boy. Motl Brody's parents however say that their Orthodox Jewish beliefs do not recognize brain death, and that their son's circulatory and respiratory systems are functioning with mechanical assistance. D.C. law allows doctors to declare patients dead if they lack brain activity, and does not contain an exception for families with contrary religious beliefs. The law of New York where the Brodys live does have such an exception. [Thanks to J.J. Landa for the lead.]

Green Bay Now Will Permit Combined Religious-Secular Holiday Displays

Green Bay, Wisconsin City Council seems to be having a change of heart over holiday displays at city hall. Yesterday's Appleton (WI) Post-Crescent reports that the proposed policy that would have allowed only secular displays on government property has now been changed. By a vote of 8-4, Council added language stating that the U.S. Supreme Court has approved combined religious and nonreligious displays, and that city officials, at their discretion, may permit these as well as purely secular ones. Before final passage, Green Bay's city attorney will study the new language. According to WBAY News, Freedom from Religion Foundation, unhappy with the new language, will move ahead with an appeal they filed this week in a case challenging last year's nativity scene display at city hall. (See prior posting.) A federal district court had dismissed their challenge after the city enacted a moratorium on future displays.

South African Court Recognizes Hindu Marriages

In South Africa,the Durban High Court issued a ruling yesterday that for the first time recognizes Hindu marriages for purposes of the country's Intestate Succession Law-- the law that governs inheritance when someone does not leave a will. IOL reports that the decision allows Saloshinie Govender to inherit her husband's property as his "spouse" under that law. On the other side were the parents of Govender's late husband. They would have inherited his property if he did not leave a wife recognized by the law as a survivor.

NY Appellate Court Rejects Claim Against State By Kosher Food Seller

Commack Self-service Kosher Meats, Inc. v Rudgers, (NY App. Div., Nov. 6, 2008), is a lawsuit brought by a kosher food business that was cited for violating the New York's law (later held unconstitutional) which prohibited the sale of food as kosher if it was not prepared in accordance with Orthodox Jewish requirements. Plaintiff Commack argued that its reputation and business were damaged by the state when it discontinued a court case in which plaintiff had been charged with violating the kosher law. Commack says this caused it to lose the opportunity to defend itself and be exonerated. The court held, however, that "Commack's failure to appeal from or otherwise challenge District Court's order permitting the withdrawal of the state's action is fatal to their claim." The court said that even if that were not the case, Commack would not succeed on the merits since there was nothing in the record but speculation to support the charge that authorities acted with intentional malice in enforcing then-valid laws. [Thanks to J.J. Landa for the lead.]

Islamist Cleric In Britan Says No To Poppies For Remembrance Day

In Britain, it is traditional to wear a red poppy on Remembrance Day (Nov. 11) to show respect for the sacrifices of veterans and civilians during wartime, especially remembering World War I. Britain's Daily Star reports today that some "Muslim strongholds [in Britain] have become no-go zones for poppy sellers." Controversial Islamist cleric Anjem Choudary said any Muslim who wears a poppy is betraying his religion and backing “"British nationalism". This came a few days after Choudary said that giving sweets to children on Halloween is "the greatest crime any person can commit." Many British Muslims disagree with Choudary. Shahid Malik, a Muslim member of Parliament from Dewsbury and Undersecretary of State in the Ministry of Justice says he will be selling poppies in his home town of Dewsbury on Saturday.

Kyrgystan's Parliament Passes Restrictive Religion Law

According to Forum 18, Kyrgystan's Parliament yesterday unanimously passed a restrictive religion law. Under the law, in order for a religion to register, it must have 200 members whose identities are confirmed by local administrations. Yesterday's International Herald Tribune reports that the law also bans private religious schools and the dissemination of religious material in public places. It curtails proselytism, all in an attempt to limit the influence of foreign Christian evangelical and radical Islamic groups. Religious organizations will be required to disclose financial information to authorities. The law will be sent to President Kurmanbek Bakiyev around November 15. He will have a month to decide whether to sign it. It is expected that he will approve it. Rights activists, such as the Institute on Religion & Public Policy (letter to Pres. Bakiyev), say the law is a violation of international human rights standards.

Michigan Court Upholds Zoning Denial; Defines "Church"

In Great Lakes Society v. Georgetown Charter Township, (MI Ct. App., Oct. 30, 2008), the Michigan Court of Appeals upheld the Georgetown Zoning Board of Appeals' denial of an application for a special use permit and a variance that had been requested for a religious center. The court first concluded that the proposed building was a "church" for zoning purposes and that the trial court had applied an incorrect standard in holding otherwise. Great Lakes Society ministers to persons who have chemical sensitivities to common environmental pollutants. It also has a phone book listing under "Nutritionists". Its proposed building would contain space for a number of activities related to its ministry. The appellate court held that it is sufficient that the building is primarily used for public worship and reasonably closely related activities. The Court of Appeals went on to find that the Zoning Board of Appeals and the Township "properly decided not to grant a variance with respect to the proposed building location and that they did not violate the RLUIPA or any constitutional guarantees by making that decision."

Suit Challenging Illinois Grant To Rebuild Church Remanded To State Court

In Sherman v. Blagojevich, 2008 U.S. Dist. LEXIS 89237 (CD IL, Nov. 4, 2008), an Illinois taxpayer sued the governor and other Illinois state officials challenging a state program that authorized the grant of $1,000,000 for the reconstruction of the Pilgrim Baptist Church and related buildings that were destroyed in a 2006 fire. The suit alleged violations of the Establishment Clause and of the Illinois constitution. The suit was originally filed in state court, but was removed to federal district court upon motion of the governor. In this decision, the federal court (upon motion of one of the other defendants) remanded the case to state court because plaintiff lacks taxpayer standing to pursue the claim in federal court. (See prior related posting.)

FLDS Asks Federal Court To Stop State Sale Of UEP Land

Yesterday's Deseret News reports that members of the FLDS Church have filed in federal court seeking a temporary restraining order to stop a fiduciary appointed by a Utah state judge from selling land belonging to the FLDS United Effort Plan Trust. At issue is the proposed sale of a large tract of farm land known as Berry Knoll for $3 million. (See prior posting.) FLDS lawyers say that the free exercise rights of FLDS members were infringed when the state court took control of the trust holding FLDS lands and reformed it to eliminate its religious purpose. A supporting affidavit filed by FLDS member Willie Jessop said that the court had taken over a sacred trust and had appointed a "state ordained bishop" to administer it. Jessop argues that the court-appointed special fiduciary is requiring the church to depart from its own doctrines and follow only neutral principles dictated by the state.

In 2006 the Utah court took steps to reform the trust in a way that avoided inquiry into whether anyone living on UEP land was involved in a polygamous relationship. (See prior posting.) Jessop says: "Of course the trust was operated under religious principles, and of course the trust 'discriminated' on the basis of determinations made in accordance with Holy Scripture and divine revelation."

Cert. Filed In Eagle Protection Act Case

Yesterday's Great Falls (MT) Tribune reports on last month's filing of a petition for certiorari to the U.S. Supreme Court in United States v. Friday, a case in which the 10th Circuit rejected a challenge under the Religious Freedom Restoration Act to the government's enforcement of the Bald and Golden Eagle Protection Act. (See prior posting). A petition for en banc rehearing was also rejected. The cert. petition was filed on Oct. 1, and the government was given an extension until Dec. 8 to reply. (Docket Entry.) The Northern Arapaho Tribe plans to file an amicus brief supporting the cert. petition of Winslow Friday who killed a bald eagle for use in a Northern Arapaho Sun Dance. A major issue in the case is the extent to which an appellate court can review de novo "constitutional facts" found by the trial court in a First Amendment case.

Advocacy Groups Have Varied Reactions To Tuesday's Election Results

The reactions to Tuesday's election results from advocacy groups have, not surprisingly, run the gamut. Americans United yesterday issued an election analysis titled "The Religious Right and Election 2008: Down But Not Out." It warned:

After eight years of unprecedented access to the White House and (until 2006) in the halls of Congress, Religious Right organizations are about to lose a lot of clout with much of official Washington and could see their influence at the national level diminished. But it’s unlikely any of these organizations will close down. Rather, they will organize to defeat individual-freedom initiatives put forward by President Barack Obama, and they will place more emphasis on state and local governments as a way to press their agenda forward.

Yesterday's Christian Post reported that Christian groups had varied reactions to Obama's win. The National Council of Churches USA issued a statement congratulating Obama and promising to work with him "to respond to the realities that a loving God places before us each day." Looking in a different direction, Focus on the Family took heart in the fact that Democrats failed to win the veto-proof 60 seats in the Senate. They were also encouraged by the passage of anti-gay marriage amendments in three states. The group said that these results "give values voters reason to stay tuned to development on Capitol Hill."

Yesterday's New York Times reports similarly that the approval of the bans on gay marriage, along with passage in Arkansas of a provision intended to bar gays and lesbians from adopting children, were "a stunning victory for religious conservatives, who had little else to celebrate on an Election Day." It points out that California will still be able to offer civil unions to same-sex couples.

Evangelist Sues Louisiana School Over Its Speech Permit Policy

Alliance Defense Fund announced yesterday that it had filed a federal lawsuit against Southeastern Louisiana University officials challenging permit requirements that were invoked to prevent a traveling evangelist from evangelizing students on campus. The complaint (full text) alleges that the speech policy acts as an unconstitutional prior restraint on speech.

Student Sent Home From School Because Jesus Costume Was Disruptive

At Paramus, New Jersey's West Brook Middle School, eighth grader Alex Woinski dressed up as Jesus for Halloween. According to Monday's Christian Post, school officials said his costume was disruptive and told him he needed to remove his beard and crown of thorns. The student refused and he was sent home. Principal Joan Broe said that he was sent home not because of the religious nature of the costume, but because other students' reactions meant that the education process was being interrupted. Woinski, who has developed an interest in religion, comes from a family where his mother is Catholic and his father is Jewish. The boy recently celebrated his Bar Mitzvah.

Compilation of Obama's Statements on Faith and Church-State Relations

With Barack Obama's victory in yesterday's Presidential elections, I thought it would be useful to compile some of his major statements on the role of religious faith and church-state relationships. Here are five major statements:

• Barack Obama On Faith (from Obama '08 website).
• Saddleback Forum Interview (Aug. 16, 2008).
• Speech on Faith In America (July 1, 2008).
• Obama E-mail interview on CBN's Brody File (July 29, 2007).
• Call to Renewal Conference Keynote (June 28, 2006).

Court Rejects Religious Group's Challenges To Chicago's Zoning Permit Requirement

The decision from several months ago in World Outreach Conference Center v. City of Chicago, 2008 U.S. Dist. LEXIS 88747 (ND IL, May 13, 2008) has recently become available on LEXIS. In the case, an Illinois federal district court rejected a series of challenges to the 2-year delay by the city of Chicago in granting World Outreach Conference Center a single room occupancy (SRO) license for a former YMCA building it purchased. WOCC wanted to create "a Christ-oriented community center ... and ... provid[e] shelter to the needy and homeless by renting out the SRO units." The court dismissed plaintiffs' nine-count complaint which had alleged violations of RLUIPA, the free exerrcise and establishment clauses, the equal protection clause, Chicago's zoning law and the Illinois Religious Freedom Restoration Act.