Colorado Governor Sued Over Day of Prayer Proclamations

In Colorado, the Freedom from Religion Foundation and several of its members filed a lawsuit in state court last Wednesday challenging Gov. Jim Ritter Jr.'s practice of issuing National Day of Prayer proclamations. The complaint (full text) alleges that the proclamations and related celebrations amount to governmental endorsement of religion in violation Art. II, Sec. 4 of Colorado's Constitution. The Daily Kenoshan reports on the lawsuit. Other suits challenging day of prayer proclamations were filed earlier this year in Wisconsin and Texas. (See prior postings 1, 2.)

Court Says It Can Decide On Validity of Board Expansion By Jewish School

In Schwimmer v Welz, (NY App. Civ., Nov. 12, 2008), a New York appellate court held that a civil court could decide whether an amendment to the certificate of incorporation expanding the number of board members of United Talmudic Academy of Boro Park, and the election of new board members under those amendments, were valid. The court said that even though the Academy is a religious corporation, deciding the case does not turn on religious issues: "Membership on the Board is not conditioned upon any religious criteria, and the issues raised with respect to the challenged status of the various individuals claiming to be Board members concern only notice requirements, requisites for the conduct of Board meetings and elections, and requirements for amending corporate documents." The case was remanded to the trial court for it to join additional necessary parties. [Thanks to J.J. Landa for the lead.]

Bush Speaks At U.N. Session On Interfaith Cooperation

Yesterday, President George W. Bush spoke (full text of remarks) at the United Nations High-Level Debate on Interfaith Dialogue. Here are some excerpts:

One of my core beliefs is that there is an Almighty God -- and that every man, woman, and child on the face of this Earth bears His image. Many years ago, faith changed my life. Faith has sustained me through the challenges and the joys of my Presidency. And faith will guide me for the rest of my days....

Freedom is God's gift to every man, woman, and child -- and that freedom includes the right of all people to worship as they see fit. Sixty years ago, members of the United Nations General Assembly acknowledged this truth when we adopted the Universal Declaration of Human Rights....

Our nation was founded by people seeking haven from religious persecution.... And through the generations, our nation has helped defend the religious liberty of others -- from liberating the concentration camps of Europe, to protecting Muslims in places like Kosovo, Afghanistan, and Iraq.

Today, the United States is carrying on that noble tradition by making religious liberty a central element of our foreign policy. We've established a Commission on the International Religious Freedom to monitor the state of religious liberty worldwide. We strongly encourage nations to understand that religious freedom is the foundation of a healthy and hopeful society. We're not afraid to stand with religious dissidents and believers who practice their faith, even where it is unwelcome.

The U.N. session was initiated by Saudi Arabia's King Abdullah. (See prior posting.)

Unusual Delay of Oral Arguments In Summum Case Requested, But Apparently Ignored

Last Monday, a letter was delivered to Chief Justice John Roberts making an unusual request in connection with the then-upcoming oral arguments in Pleasant Grove City v. Summum. At issue in the case was a request by Summum to post a 7 Aphorisms monument in a city park where a 10 Commandments monument already stands. The letter from Robert Ritter, president of the Jefferson Madison Center for Religious Liberty (full text), asked the Court to postpone the scheduled oral arguments "until such time as the Court publicly discloses ... that a literal translation of the Hebrew on the tablet that Moses is holding on the Court's South Wall Frieze is opposite of the Ten Commandments...."

At issue is a depiction in the Supreme Court building of Moses holding two tablets, with his robe and beard hiding much of the lettering on them. So, for example, the Hebrew inscription for "Thou shall not murder" is partially covered so the Hebrew word "lo" ("thou shalt not") is hidden. Ritter's letter suggests that the Court's 2005 decision in Van Orden v. Perry, upholding a 10 Commandments display on the Texas state capitol grounds, was influenced by the belief that the display in the U.S. Supreme Court was an accurate rendition of the Decalogue. In his majority opinion in Van Orden, Chief Justice Rehnquist wrote: "Since 1935, Moses has stood, holding two tablets that reveal portions of the Ten Commandments written in Hebrew, among other lawgivers in the south frieze."

The Supreme Court's docket entries in the Pleasant Grove City case do not reflect that the Ritter's letter was made part of the formal file in the case.

Statements Offer Advice To Obama On Issues of Concern On Religious Matters

The incoming Obama administration is receiving advice from numerous quarters on positions it should take on issues of interest to various religious groups. Chicago Cardinal Francis George, president of the United States Conference of Catholic Bishops, issued a statement (full text) welcoming the opportunity to work with Obama. The statement, which was unanimously approved by nearly 300 bishops, warned however: "The recent election was principally decided out of concern for the economy, for the loss of jobs and homes and financial security for families, here and around the world. If the election is misinterpreted ideologically as a referendum on abortion, the unity desired by President-elect Obama and all Americans at this moment of crisis will be impossible to achieve." Christianity Today reported on the statement.

Meanwhile Prof. Marci Hamilton posted an article at Findlaw titled The Five Religion-Related Issues that Should Most Concern the Future Obama Administration. Her suggested agenda for the new President includes: (1) End religious discrimination in programs that receive government funding; (2) choose an Attorney General, Solicitor General and, if necessary, Supreme Court Justices who demonstrate a healthy respect for the Establishment Clause and the separation of church and state; (3) support state measures to prevent and prosecute child sex abuse, even when it occurs within religious communities; (4) offer federal resources to investigate the abuses -- including child abuse -- that typically arise from polygamy.; (5) as part of the government's aid to homeowners, revoke laws that unfairly privilege religious groups in local zoning conflicts.

Ithaca Sued By Evangelist Over Enforcement of Noise Ordinance

Alliance Defense Fund announced yesterday that it had filed a federal lawsuit against the city of Ithaca, New York on behalf of traveling Christian evangelist James Deferio. The complaint (full text) alleges that Deferio's free speech and due process rights were violated when police attempted to enforce against his loud preaching a city ordinance banning noise that can be heard more than 25 feet away. In 2006, a federal court judge had enjoined the city from enforcing this noise ordinance in a suit brought by another evangelist.

Brazil's President Signs Agreement With Vatican

In the Vatican yesterday, Brazil's President Luiz Inacio Lula da Silva signed an agreement with the Vatican on the juridical status of the Catholic Church in Brazil. CNS reports that the Vatican will not publish the full text of the agreement until it is ratified by Brazil's Parliament. In general, however, the agreement recognizes the legal status of the Church, its educational degrees and its teaching of religion in the public schools. The agreement also recognizes marriages performed by the Church and assures access of Catholic chaplains to military bases, prisons and hospitals. An innovation in this agreement is its assurance that "other religious confessions" as well as the Catholic Church will be able to teach their tenets in Brazil's schools.

Study Released On State Anti-Discrimination Laws and Same-Sex Marriage

Earlier this week, the Becket Fund announced the release of a study titled Same-Sex Marriage and State Anti-Discrimination Laws. The Executive Summary says in part:

The survey revealed that over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage.... Based on this data, we conclude that if same-sex marriage is recognized by courts or legislatures, people and institutions who have conscientious objections to facilitating same-sex marriage will likely be sued under existing anti-discrimination laws—laws never intended for that purpose. Lawsuits will likely arise when religious people or religious organizations choose, based on their sincerely held religious beliefs, not to hire individuals in same-sex marriages, refuse to extend spousal benefits to same-sex spouses, refuse to make their property or services available for same-sex marriage ceremonies or other events affirming same-sex marriage, or refuse to provide otherwise available housing to same-sex couples.

The study recommended that states "ensure that any recognition of same-sex marriage is preceded by robust exemptions to anti-discrimination rules." Along with the report, the Becket Fund published a useful chart on existing religious exemptions to anti-discrimination laws, by state.

Islamist Insurgents Take Somalian Seaport

Islamist insurgents have expanded the area they control in Somalia. Today's New York Times reports that Islamist guerrillas took over Merka, and important seaport 60 miles south of Mogadishu. The insurgents met no resistance. The Islamists are part of a group called the Shabab (background) that has been designated as a terrorist group by the U.S. State Department. Many Somalis, seeking law and order, welcome the takeover. The group has imposed strict Islamic law in some areas it controls.

Court Refuses To Dismiss Most Claims Against Archdiocese In Abuse Case

In Noll v. Hartford Roman Catholic Diocesan Corp., 2008 Conn. Super. LEXIS 2661 (CT Super, Oct. 20, 2008), a Connecticut trial court refused to dismiss claims that the Hartford Catholic archdiocese was negligent in failing adequately to supervise, evaluate, and train a priest who abused plaintiff and failed to investigate reports of the priest's wrongful behavior. The court, analyzing prior case law, held that "the bulk of the plaintiff's claims of negligent and reckless institutional failure to appropriately deal with child sexual abuse will not inexorably entangle the court in a doctrinal dispute." However the court did strike from the complaint portions of two counts that specifically refer to religion-based obligations.

Group Wants New Military Rules Protecting Nonbelievers

Stars and Stripes reported yesterday that the Secular Coalition for America is asking the incoming Obama administration to issue new rules against proselytizing in the military. It also wants more training for chaplains on how to deal with non-religious troops. At a news conference on Monday, the group called for new rules that would eliminate public prayer from any event where troop attendance is mandatory and prohibit the Defense Department endorsing any specific religion or religion in general. Around 20% of service members say they have no particular religious affiliation.

Suit Challenges Washington State Limits On Special Ed In Religious Schools

In Washington state, three families represented by the Institute for Justice have filed suit against the state's Office of Superintendent of Public Instruction challenging regulations that require religious school students to travel off premises to obtain special education services. The federal Individuals with Disabilities Education Act (20 USC 1412) requires states to make these services available to children in private a well as public schools. Unlike many other states, Washington will not offer therapeutic services on site at religious schools (Wash. Admin. Code 392-172A-04075), relying on the state Constitution's ban on state funding for any religious establishment (Art. I, Sec. 11)and its requirement that no school receiving state aid may be under sectarian control (Art. IX, Sec. 4). The complaint in DeBoom v. Bergeson, (WD WA, filed 11/12/2008), alleges that the Washington regulations violate the Free Exercise, Establishment, Equal Protection and Due Process clauses of the federal Constitution. Yesterday's Seattle Times reports on the lawsuit. the Institute of Justice website provides additional background material.

Humanists Run "Why Believe In God?" Ad In Time For Christmas

The American Humanist Association is apparently fueling a new round in the debate over public displays at Christmas time. CBN News reported yesterday that the AHA will spend $40,000 to place ads on the outside and inside of buses in Washington, D.C. Space is being purchased through December. The ads read: "Why believe in a god? Just be good for goodness' sake." (Photo of ads.) An AHA spokesman explained: "Our reason for doing it during the holidays is there are an awful lot of agnostics, atheists, and other types of non-theists who feel a little alone during the holidays...." An AHA press release last Tuesday says that similar ads are running in the New York Times and Washington Post.

Federal Court Will Not Stop Utah Hearing On Sale of FLDS Land

A Utah federal district court judge yesterday said he would not bar a Friday hearing in a Utah state court on whether to approve sale of Berry Knoll Farm by the FLDS United Effort Plan Trust. (See prior posting.) However Judge Dee Benson asked FLDS attorneys to report on Friday's hearing. The court will then decide-- before the sale closes--whether to hold a further hearing on FLDS claims that its free exercise rights are being violated by Utah's reformation of the terms of the UEP Trust and its takeover of administration of trust property. Yesterday, the Salt Lake Tribune and KSL-TV News reported on the federal judge's ruling.

UPDATE: On Friday, Utah state court Judge Denise Lindberg postponed the scheduled hearing on the sale of Berry Knoll Farm so that the parties could work out "a global resolution" of pending litigation and a plan for its future management. The postponement came at the request of the Utah Attorney General's office and after a meeting in chambers between the judge and attorneys for both parties. Saturday's Salt Lake Tribune reported that 2500 members of the FLDS Church showed up at Friday's hearing to show their disapproval of the proposed land sale.

Council of Europe Gives Guidance on Religious Symbols and Hate Speech

The Council of Europe announced yesterday that it is publishing Manuals to offer guidance on two controversial issues. The Manual on the Wearing of Religious Symbols in Public Areas, authored by Prof. Malcolm Evans, points out that European Court of Human rights case law gives states broad regulatory discretion, but individuals should enjoy the fullest possible freedom of belief. The Manual on Hate Speech, authored by Anne Weber, attempts to distinguish insulting speech that is protected from unprotected hate speech. The Council has posted online in English a fact sheet on wearing religious symbols in public (Word document) and a fact sheet on hate speech (Word document).

California Catholic Bishops Defend Passage of Proposition 8

The Executive Committee of the California Catholic Conference yesterday issued statement defending its support of California's Proposition 8 banning same-sex marriage. The ballot measure passed last Tuesday, and its passage has generated continued controversy. The statement said in part:

The radical change in the definition of marriage to include same-sex partners discounts both history and biology and ignores how deeply marriage—as the union of a man and a woman—is embedded in our culture, language, and laws and how foundational it is for the well-being of children and the flourishing of society. To change the definition of marriage to include any two adults diminishes the institution to mean only a legal partnership.

Under present law domestic partners continue to have the rights and benefits of married couples in the State of California. It is our conviction that it is not necessary to change the definition of marriage to protect those rights and benefits.

Denmark Proposing Ban On Judges Wearing Headscarves In Court

Denmark's Justice Minister Brian Mikkelsen says he is about to introduce legislation that would prohibit Muslim women judges from wearing headscarves in court. Politiken.dk yesterday reported on the proposed legislation that would reverse a ruling handed down last year by Denmark's independent Judicial Board. A Justice Ministry news release explains: "during court hearings, judges must not, through behaviour or clothing, express religious or political affiliations or attitudes towards religious or political issues." (See prior related posting.)

"Seven Aphorisms" Case Argued In Supreme Court [UPDATED]

The Supreme Court this morning heard oral arguments in Pleasant Grove City, UT v. Summum (Docket No. 07-665), a case in which the 10th Circuit Court of Appeals held that members of the Summum faith are entitled to erect a "Seven Aphorisms" monument in a city park in which a 10 Commandments monument donated by the Fraternal Order of Eagles is already displayed. (See prior posting.) Links to all the merit and amicus briefs filed in the case are available on Scotus Wiki. The parties in their briefs focus on whether the existing park monuments are government speech or private speech, and whether the Utah city park is a traditional public forum for unattended permanent displays. A release by Americans United on Monday, and an editorial in today's New York Times, reflect the view put forth in some of the amicus briefs that the Court should analyze the case under the Establishment Clause, instead of treating it as merely a speech case. An articles in yesterday's New York Times previews the case.

Jay Sekulow, Chief Counsel of the American Center for Law and Justice, argued on behalf of Pleasant Grove City. Last month, one of the venues in which he rehearsed his argument was Liberty University School of Law (Liberty Champion). The Solicitor General's Office also presented oral argument in support of Pleasant Grove City. Deputy Solicitor General Daryl Joseffer opened his argument as follows:

Of course the Government can select the content and viewpoint of monuments on the National Mall and in other public parks across the country. The Vietnam Veterans Memorial did not open us up to a Viet Cong memorial. When the Martin Luther King Memorial is completed on the mall, it will not have to be offset by a monument to the man who shot Dr. King.

Washington attorney and law school professor Pamela Harris argued on behalf of Summum. Early in the argument, Chief Justice John Roberts asked Sekulow why the city had agreed to put up the 10 Commandments monument originally, though later Roberts also challenged Harris' arguments. The Washington Post, reporting on today's oral arguments, says: "Although the debate was spirited, it lacked some of the rancor of the last time the high court took up a dispute over the 10 Commandments."

The full transcript of oral arguments is available online.

Indian Panel Investigating Dow Chemical Construction At Holy Hindu Site

Members of the Warkari Hindu sect believe that land near the town of Chakan in the Maharashtra state in India is sacred because it is the land of a 17th century sage, Sant Tukaram. Today's Business Standard reports that last month, members of the sect burned down a Dow Chemical research and development facility being constructed there because they feared it would pollute the sacred area. In response, Maharashtra's Chief Minister, Vilasrao Deshmukh, put a hold on Dow's construction activity and appointed a four-person committee to look into the complaints. The committee, chaired by retired Supreme Court judge S. P. Kurdukar was to submit a report this week. However now the environment ministry says that Justice Kurdukar has resigned after discovering that a close relative previously worked as legal counsel for Dow.

U.N. Session on Religious Tolerance Opens Today

A two-day session of the United Nations General Assembly to discuss religious tolerance and inter-religious cooperation begins today, with over a dozen world leaders in attendance. Most of them are in the United States also to attend a G-20 Financial Summit in Washington beginning Friday. The U.N. session, titled "Culture of Peace" was initiated by Saudi Arabia's King Abdullah who will open the session. He will be followed by Israel's president Shimon Peres, as well as Lebanese and Palestinian leaders. U.S. President George Bush will speak on Thursday. Abdullah and Peres were invited to dinner last night by UN Secretary-General Ban Ki-Moon. Reports on the U.N. meeting appeared yesterday in the International Herald Tribune, Jerusalem Post, and Abu Dhabi's The National. The meeting is seen as emphasizing the importance that world leaders place on resolving religious disputes without resort violence. Human rights activists however criticize King Abdullah for lack of religious freedom in Saudi Arabia.