Court Upholds Jurisdiction To Decide Which Faction Controls Church Property

Avondale Church of Christ v. Merrill Lynch, (TN Ct. App., Nov. 10, 2008) involves a dispute between two factions of a congregationally governed church. The dispute developed after the minister selected new leadership for the congregation. A Tennessee state appellate court affirmed the trial court's jurisdiction to decide who should control church funds and property and held that it acted properly in ordering a vote of the membership on that issue. However the trial court lacked jurisdiction to decide the propriety of the dismissal of the church's minister by the faction-- known as the Men's Business Committee-- that won the election or the identity of "church leadership" beyond control of church property.

Recently Available Prisoner Free Exercise Cases

In Charleston v. Rojas, 2008 U.S. Dist. LEXIS 91573 (CD IL, Nov. 12, 2008), an Illinois federal district court dismissed an inmate's complaint that authorities denied his request for a vegan diet for religious reasons. the court found that plaintiff had not exhausted his administrative remedies.

In Berry v. Waushara County Jail, 2008 U.S. Dist. LEXIS 91540 (ED WI, Nov. 4, 2008), plaintiff alleged that jail authorities violated his rights under the 1st Amendment and RLUIPA by failing to provide him with a Halal diet, refusing to let him order religious items, denying Muslims group worship and forcing him to purchase a Q'uran while Bibles were given out for free. The court allowed plaintiff to proceed in his claim for damages against the jail administrator in his official capacity, but dismissed claims for injunctive relief because plaintiff was now housed in a different facility.

In Means v. Lampert, 2008 U.S. Dist. LEXIS 92257 (WD OK, Nov. 12, 2008), an Oklahoma federal district court held that an inmate's complaint should be construed to include a RLUIPA claim even though only 1st Amendment claims were initially referenced.

In Mosley v. Campbell, 2008 U.S. Dist. LEXIS 71454 (ED CA, Aug. 11, 2008), a California federal district court approved a magistrate's recommendation (2008 U.S. Dist. LEXIS 92409, July 15, 2008) to dismiss a Muslim inmate's challenge to prison grooming standards. The court found that plaintiff was not disciplined because he grew his beard, but instead because he "designed" the beard differently from its natural growth.

"Hisba" Lawsuits Growing In Egypt

A story in last Thursday's Middle East Times discusses the growing use of "hisba" lawsuits in Egypt and elsewhere in the Muslim world against bloggers, journalists and intellectuals. As explained in another Middle East Times article last August, hisba lawsuits are an invention of Islamic jurisprudence that permit private individuals to defend matters of faith to hold fellow citizens and the state accountable for upholding religious principles. Egypt's Decree Law 78 gives individuals the right to file lawsuits in cases where an exalted right of God has been violated. Increasingly however political critics are being charged with apostasy under these laws.

Speeches and Declaration From UN Sessions On Interreligious Understanding

The United Nations has released a summary of all the remarks made by world leaders at the Nov. 12-13 "Culture of Peace" meeting of the General Assembly called to discuss interreligious dialogue. Secretary General Ban Ki-moon's opening statement at a press conference following the sessions thanked Saudi Arabia's King Abdullah for initiating the conference. The Secretary General also read the Declaration adopted by the participants. It stated in part:

Concerned about serious instances of intolerance, discrimination, hatred expressions, and harassment of minority religious communities of all faiths, participating states underlined the importance of promoting dialogue, understanding, and tolerance among human beings, as well as respect for all their diverse religions, cultures and beliefs. Participating states affirmed their rejection of the use of religion to justify the killing of innocent people and actions of terrorism, violence and coercion, which directly contradict the commitment of all religions to peace, justice and equality.

(See prior related posting.)

Indiana School's Released Time Program Challenged In Court

The Ft. Wayne (IN) Journal Gazette reported yesterday on a federal lawsuit filed by the Indiana ACLU challenging a Huntington Indiana elementary school's "released time" program. The suit brought on behalf of parents of an 8-year old argues that the school district has violated the Establishment Clause by supporting the voluntary religious instruction program that is offered during school hours in church-owned mobile trailers parked in Horace Mann Elementary School's parking lot. The trailers use the school's electricity, students are escorted to the trailers by their teachers, and students who elect not to participate go to their school classroom but receive no alternative programming.

Diocese Repudiates Priest Who Told Obama Voters To Seek Penance

ABC News today reports on an unusual public repudiation by the Catholic Diocese of Charleston, South Carolina of statements made by a Greenville, SC priest, Father Jay Scott Newman . Last week Newman wrote in his church newsletter that any Catholic who voted for Barack Obama needed to seek penance before again taking communion. He said: "Voting for a pro-abortion politician when a plausible pro-life alternative exits constitutes material cooperation with intrinsic evil, and those Catholics who do so place themselves outside of the full communion of Christ's Church and under the judgment of divine law. Persons in this condition should not receive Holy Communion until and unless they are reconciled to God in the Sacrament of Penance, lest they eat and drink their own condemnation."

Monsignor Martin T. Laughlin, Administrator of the Diocese of Charleston, issued a statement yesterday reading in part:

This past week, the Catholic Church’s clear, moral teaching on the evil of abortion has been pulled into the partisan political arena. The recent comments of Father Jay Scott Newman ... have diverted the focus from the Church’s clear position against abortion.... [L]et me state with clarity that Father Newman’s statements do not adequately reflect the Catholic Church’s teachings. Any comments or statements to the contrary are repudiated....

Christ gives us freedom to explore our own conscience and to make our own decisions while adhering to the law of God and the teachings of the faith. Therefore, if a person has formed his or her conscience well, he or she should not be denied Communion, nor be told to go to confession before receiving Communion.... We should all come together to support the President-elect and all elected officials with a view to influencing policy in favor of the protection of the unborn child.

Focus Continues on Mormon Leadership of Proposition 8 Campaign

The AP reports that Fred Karger, founder of Californians Against Hate, filed a complaint Thursday with the California Fair Political Practices Commission. It alleges that the Church of Jesus Christ of Latter-day Saints failed to report the full value of its in-kind contributions to the campaign in support of California's Proposition 8 banning same-sex marriage. Meanwhile today's New York Times ran an article detailing the extensive funding and volunteer efforts by members of the Mormon Church in the campaign for Proposition 8. Leaders were careful to keep the activities volunteer ones that did not formally involve the Church. But, according to the Times, "Proposition 8, was to many Mormons a kind of firewall to be held at all costs." (See prior posting.) [Thanks to Alliance Alert for the lead.]

Marines Sued By Contractor Whose Car Decals Were Banned On Base

Last Monday, Jesse Nieto, a Marine veteran who works as a civilian at Camp Lejuene Marine base in North Carolina, filed suit against military officials challenging their order that he remove various anti-Islamic decals from his car that he drives to work. Nieto's son was killed in the 2000 bombing of the USS Cole. The Base Magistrate issued a written order barring Nieto's car from the base and all other federal installations until all the decals were removed. This had the effect of also barring him from using his car to visit his son's grave at Arlington Cemetery.

According to an AP report today, Camp Lejeune's Equal Employment Opportunity office received several complaints that Nieto's decals were offensive. The suit reveals that among the offensive decals were one that read: "Islam = Terrorism"; and another that read: "Disgrace My Countries Flag. And I will SHIT On Your Quran." Even after the most offensive decals were removed, officers insisted that he remove others as well. The federal court complaint (full text) alleges that these orders violated Nieto's free speech and equal protection rights. It argues that the orders are not viewpoint neutral. A Nov. 12 release by the Thomas More Law Center that represents Nieto says that the orders are "political correctness run amuck."

NC Senator-Elect Drops Defamation Suit Over "Godless Americans" Ads

Kay Hagan, winner in the recent election of the U.S. Senate race in North Carolina, has dropped her defamation lawsuit filed just before the election against incumbent Sen. Elizabeth Dole. CNN reported yesterday on Hagan's decision to focus on economic issues facing the country instead of pursuing the lawsuit that challenged election ads Dole ran against Hagan questioning her religious beliefs. The challenged ads attempted to identify Hagan with members of the Godless Americans Political Action Committee who attended a fund raiser for Hagan. Hagan is an elder of the Presbyterian church and a Sunday school teacher. (See prior posting.)

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.