Muslim Group Urges NYPD To Revise Its Assessment of Domestic Terror Threat

At a press conference held on Thursday, the New York Muslim American Civil Liberties Coalition released a report titled: Counterterrorism Policy: MACLC's Critique of the NYPD’s Report on Homegrown Radicalism. As reported by The American Muslim, the report calls on the New York Police Department to update its 2007 study, Radicalization in the West: Homegrown Radicalism. The MALC report's Preface summarizes the objections to the NYPD study:

The NYPD Report calls into question the loyalties and motivations of law-abiding and mainstream Muslims in a deeply offensive way and paints them as potential threats to national security without substantiated evidence. Furthermore, it erroneously associates religious precepts with violence and terror, irrespective of First Amendment and Equal Protection rights. As such, MACLC has found that the NYPD Report neither protects American Muslims from undeserved scrutiny and profiling nor strengthens domestic security discourse.

Hezbollah In Lebanon Harnessing Religion of Youth For Its Political Agenda

Today's New York Times carries a long investigative article starting on its front page titled Hezbollah Seeks to Marshal the Piety of the Young. It says in part:

At a time of religious revival across the Islamic world, intense piety among the young is nothing unusual. But in Lebanon, Hezbollah — the name means the party of God — has marshaled these ambient energies for a highly political project: educating a younger generation to continue its military struggle against Israel. Hezbollah’s battlefield resilience has made it a model for other militant groups across the Middle East, including Hamas. And that success is due, in no small measure, to the party’s extraordinarily comprehensive array of religion-themed youth and recruitment programs.

County Council Member Objects To Rezoning Because of Opposition To Church Policy

Catholic News Agency reports today that Beaufort County, South Carolina Councilwoman Laura Von Harten has apologized for controversial remarks she made at a Council committee meeting last Monday. The Beaufort (SC) Gazette reported on Tuesday that the county's Land Management Committee, on which Von Harten does not sit, approved rezoning for expansion of St. Gregory the Great Catholic Church by a vote of 5-2. During discussion at the Committee meeting, however, Van Harten spoke to say she would not support the rezoning when it comes up for a full Council vote because of "human rights issues." She said that Catholic Church policies are an "affront to my dignity and all of womankind." She especially objected to the Church's ban on female clergy and her dislike of the way the Church wishes to "control women's uteruses." She said: "I don't want to support anything that will perpetuate that kind of ideology."

Apologizing on Tuesday, Von Harten said that her human rights concerns relate to "the Catholic Church as a political entity, with a seat at the United Nations, but I acknowledge that I offended individuals in my own community." She added: "Please be assured that I have been reminded of the importance of separation of church and state in matters of land use, and have learned a great deal from this incident." She now says she will abstain from voting on the St. Gregory zoning issue when it reaches Council.

PA School Board Says Teachers Can Be At "Pole" Event With A Disclaimer

Pennsylvania's Carlisle Area School Board, responding to the threat of a lawsuit, voted 8-1 yesterday to allow teachers to attend this year's student-led "See You At the Pole" event. At the annual event, held around the nation, students gather before school at the flag pole to pray for their school, fellow-students, teachers and nation. According to today's Harrisburg (PA) Patriot-News, teachers attending will be required to make clear that they are there in their individual capacities and not as school employees. One of 49 parents who signed a letter opposing teacher attendance testified at the board meeting: "It defies logic that students should believe that a teacher should issue a disclaimer, that for a few moments they are peers under a flag pole, 40 yards from the school." (See prior related posting.)

Bangladesh Elections Threaten To Disenfranchise Muslims On Hajj

Wednesday's Daily Star reports on an election controversy in Bangladesh. Parliamentary elections are scheduled for December 18. This however is during the Hajj, and over 48,000 Bangladeshis who will be in Saudi Arabia for the religious pilgrimage will be disenfranchised. The BNP-four party alliance has demanded that election be rescheduled. However some legal experts argue that rescheduling would violate the election code that prohibits using religion for political or electoral purposes.

Proponents Announce New Strategy On Display of Nativity Scenes

CBN News yesterday reported that two Christian groups have come up with a new holiday display strategy. The National Clergy Council and the Christian Defense Coalition have begun "The Nativity Project." It encourages individuals to display nativity scenes in public places such as city halls, state capitol buildings and other public buildings. Project promoters say that "as individual citizens" these displays can be put up-- sometimes with, and sometimes without a permit. While not explicit on the matter, apparently the idea is for individuals to temporarily display the nativity scenes and stay with them in areas open for advocacy activities. The story touts the placing of a nativity scene in front of the U.S. Supreme Court yesterday-- apparently there temporarily while proponents were with it. Proponents also announced that for the first time ever, the groups have permission to stage a live nativity scene in Times Square on December 6th. The project is also encouraging the display of nativity scenes outside of private homes-- an activity that poses no legal problems.

Court Issues Preliminary Injunction Allowing Evangelist To Preach On Public Plaza

In Borden v. City of Modesto, (ED CA, Nov. 19, 2008), a California federal district court issued a preliminary injunction requiring the city of Modesto to give evangelist Kevin Borden equal access to the city's pedestrian Tenth Street Plaza to preach and proselytize. In its 22-page opinion, the court held that the entire Plaza is a public forum. Brenden Theaters, located adjacent to the Plaza, on various week end nights rented out part of the Plaza for parties. At those times it excluded Borden from the rented barricaded area, even though the rented area was essentially open to anyone else. The court held that the city may not delegate to those who rent out space unfettered discretion to exclude entry. The preliminary injunction-- which will remain in effect while the action is pending-- however allows exclusion of Borden when space is rented out for truly private events or for expression of a particular message. Alliance Defense Fund issued a release discussing the decision.

Indonesian Police Look To Prosecute Blogger Who Posted Muhammad Cartoons

In Jakarta, Indonesia, a government spokesman says that the Indonesian National Police cybercrime unit is attempting to trace the identity of a blogger whose blog contains cartoons depicting the prophet Muhammad. Jakarta Metro Police Special Crime Investigation Commissioner Raja Erizman says that the server and the blogger are outside of Indonesia, and that the blogger's motive is to upset Indonesia's Muslim community. According to Tempo Interactive yesterday, officials say the blogger, if identified, will be charged criminally with defaming religion and with violating the Information and Electronic Transaction Law.

Texas Board of Education Hears Testimony On Proposed Science Standards

Yesterday, the Texas State Board of Education heard testimony on its proposed standards for teaching science. Links to the full text of the standards and panel reports on them are available from the Texas Education Agency's website. Today's Dallas Morning News reports on testimony of some of the nearly 90 people who had registered to speak at the hearings. The focus was primarily on how evolution should be taught. As summarized by the paper:

College professors, science teachers and pro-evolution groups urged the board to drop a rule that requires the strengths and weaknesses of Darwin's theory to be taught in science courses, while conservative groups aligned with a sizable bloc of board members said the rule has worked well and hasn't forced religion into those classes as critics charge....

Revisions recommended by a panel of experts this week call for changing the "strengths-and-weaknesses" standard to "strengths and limitations." Another recommendation calls for middle school students to "discuss possible alternative explanations" for scientific concepts.

White House Won't Comment On Summum Case

The major church-state case pending before the U.S. Supreme Court this term is Pleasant Grove City, UT v. Summum. It was argued last week. (See prior posting.) Apparently the White House wants to steer clear of the controversy. Here is an exchange from yesterday's White House press briefing (full text) by Press Secretary Dana Perino. The reporter asking the question was WorldNet Daily correspondent, Les Kinsolving:

Q: Does the President believe or reject the contention that the First Amendment grants the 33-year-old Summum organization a right to erect a monument to its Seven Aphorisms in the city of Pleasant Grove, Utah, because there's a Ten Commandments monument?

MS. PERINO: Les, I really don't understand why you ask me these questions at the briefing. It's kind of a waste of your time, and it's a waste of everybody else's time. And it's really a waste of my time.

Q: No. This was page one.

MS. PERINO: I missed it.

Q: It was page one.

WorldNet Daily reported today on the exchange.

Court Says Church Can Continue Use of Building, But Must Comply With Code

In Guatay Christian Fellowship v. County of San Diego, (SD CA, Nov. 18, 2008), a California federal district court, citing "the overwhelming public interest ... in religious freedoms and activities", issued a preliminary injunction allowing a church to continue to meet in a trailer park recreation center that it rented. The building is currently zoned for serving alcoholic beverages and live entertainment, but not for religious use, and the county had issued a cease and desist order against the church. While enjoining enforcement of that order, the court required the church to first remedy the eight most serious code violations identified by county zoning authorities and to apply for a master use permit within 30 days of remedying the violations. Other code violations must be remedied within 90 days. The court said that the church's RLUIPA claim was not ripe because the church had not applied for a use permit or a zoning change. Today's San Diego Union-Tribune reports on the decision.

California Supreme Court Will Hear Challenges To Proposition 8

The California Supreme Court yesterday agreed to accept original jurisdiction over challenges to voter approval of Proposition 8, the ballot measure that bans same-sex marriage. (Judicial Council press release.) Yesterday's Los Angeles Times reports on the court's action. The cryptic two-page order issued by the Supreme Court (full text) actually covers a good deal of ground. It agrees to hear three of the six cases filed challenging the validity of Proposition 8. It permits the official proponents of the ballot issue to intervene as a party. In the order, the Court agreed (over one dissent) to decide whether Proposition 8 is a "revision" rather than an "amendment" to California's Constitution. The Proposition was passed under procedures for amendments. The Court will also decide whether Proposition 8 violates the separation of powers doctrine under California's constitution. In addition, if the court decides that Proposition 8 is valid, it will determine its effect on pre-existing gay marriages performed in California.

Finally, the court (over one dissent) refused to stay the operation of Proposition 8 pending the court's decision in the matter. A release by ProtectMarriage.com called denial of the requested stay the most significant part of the order. It is unclear what the court will do as to three other challenges that have been filed, including one by a number of religious groups. (See prior posting.)

Meanwhile, other countries are facing legal issues involving gay marriage. Jurist reported yesterday that the Supreme Court of Nepal has ordered an end to government discrimination based on sexual orientation. It has told the government to draft legislation permitting same-sex partnership and marriage. This follows a decision last year by the Court holding that sexual minorities should be granted equal rights.

UPDATE: The Los Angeles Times reported Wednesday that Proposition 8 supporters are considering the possiblility of a recall campaign aimed at California Supreme Court justices who vote to invalidate the approval of Proposition 8.

UPDATE: All orders, pleadings and briefs in the Proposition 8 challenges are posted on a special page on the Supreme Court's website.

Chabad Messianists Again Lose Court Battle Over Crown Heights Building

Earlier this month, a Brooklyn, New York trial court issued another decision in the long-running battle between two factions of the Chabad Lubavitch movement-- those who believe that the late grand Rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah, and those who reject the messianist faction. A December 2007 trial court decision gave control of the movement's Crown Heights headquarters to the anti-messianist faction (Agudas Chasedei Chabad and Merkos L'Inyonei Chinuch), allowing them to eject the other faction which maintained a congregation (known as Congregation Lubavitch, Inc.) in the building's basement. (See prior posting.) Apparently this decision has been appealed.

As part of the long running case, in 2006 the court issued an order (full text) barring various individuals in the messianist faction from defacing, removing or interfering with a plaque commemorating the Rebbe's death that had been placed on the outer wall of Chabad's headquarters building. The messianists objected to the plaque because it referred to the Rebbe using a Hebrew acronym for "of blessed memory," thus suggesting that he was dead. (See prior posting and this background.)

Now in Merkos L'Inyonei Chinuch, Inc. v. Sharf, (NY Kings Co. Sup. Ct., Nov. 3, 2008), a New York trial court rejected an attempt by one of the parties to challenge the 2006 decision. In addition the court rejected an attempt by the messianists--Congregation Lubavitch, Inc. (CLI)-- to obtain access to a security plan that Merkos L'Inyonei Chinuch (MLC) agreed to in accepting New York state homeland security funds. CLI also wanted the court to order the concealment of any security cameras and to ban recording of prayer services on the sabbath and holidays except for law enforcement purposes. Also, apparently still asserting their control of the basement synagogue, CLI wanted to ban MLC from access to interior video recordings and wanted other restrictions on access to recordings. The court, relying on the 2007 decision that MLC was the legitimate owner of the property, held that CLI had no basis to obtain these limitations. [Thanks to J.J. Landa for the lead.]

Clergy Led Prayer Is Back In Indiana House

The Indy Star reports that this week, for the first time since January 2006, the Indiana state House of Representatives opened its session with a prayer led by a clergyman. In late 2005, a federal district court enjoined sectarian prayer in the House, but in late 2007 that decision was reversed by the 7th Circuit that held plaintiff lacked standing. (See prior postings, 1, 2.) In 2006, House members had gathered at the back of the Chamber to pray. In 2007 and 2008, the House Speaker read a nonsectarian prayer from the podium. But now clergy-led prayer has returned. Rev. Matthew Barnes opened Tuesday's session with a non-sectarian invocation that asked for God's guidance and blessings, but did not mention Jesus.

UPDATE: Thursday's Fort Wayne Journal Gazette says that the Indiana Senate will open its 2009 sessions with prayers offered by Senate members and by visiting clergy.

Jury Finds For Boulder Colorado Church In RLUIPA Case

The Longmont (CO) Times Call reported yesterday that a federal court jury has rendered its decision in Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado. (See prior posting.) The case involves a challenge to the denial of a church's application for a special use permit so it can expand its facilities. The jury rejected the church's equal protection claims, but found that the Boulder County Commissioners violated the Religious Land Use and Institutionalized Persons Act by not treating the church equally with non-religious institutions and by placing a substantial burden on its exercise of religion. The jury did not award damages that the church sought to cover construction cost increases.

Israeli Officials Express Frustration Over Strict Conversion Rules

In Israel, the strict rules for conversion to Judaism imposed by the Chief Rabbinate continue to rankle government officials who want to find a way to help some 300,000 Russian immigrants who are not technically Jewish under religious law. Many of them wish to convert, but do not want to commit to a strict Orthodox Jewish religious lifestyle which is imposed as a condition of conversion by rabbis who control the government's conversion courts. Yesterday's Jerusalem Post reports that in a speech to the Board of Governors of the Jewish Agency for Israel, outgoing Cabinet Secretary Oved Yehezkel warned of the political problem posed by the situation. He said: "If the haredim [ultra-orthodox] don't begin to show flexibility, the moderate Orthodox establishment in Israel will begin to independently convert many thousands of Jews. In the end, the State of Israel will be forced to recognize these conversions regardless of the desires of the Chief Rabbinate or the official Conversion Authority."

Earlier this week, according to JTA, the Jewish Agency Assembly adopted resolutions calling for Israel to create an independent authority on Jewish conversions and special courts of Jewish law that would apply more "moderate and tolerant" halachic legal standards to facilitate conversions. (Full text of Jewish Agency resolutions.)

Tzipi Livni, the Kadima party candidate for prime minister in the upcoming Israeli elections, took an even more iconoclastic view in a speech to Americans and Canadians in Jerusalem attending the General Assembly of the United Jewish Communities. The Jerusalem Post quotes her remarks: "A Jewish state is not a monopoly of rabbis. It's what each and everyone feels inside. It's not about learning Hebrew or about joining the army, it's about Jewish tradition, Jewish history."

UPDATE: Here is the full text of Foreign Minister Livni's speech from the Ministry of Foreign Affair's website. The relevant quote is slightly different in this version.

Magistrate Says Subpoena for Megachurch Records Was Improperly Issued

Today's Minneapolis Star Tribune reports that a federal magistrate judge in Minneapolis has recommended that the court refuse to enforce an IRS subpoena for financial documents issued to Living Word Christian Center. The church argued that the subpoena for financial records was not approved by "an appropriate high-level Treasury official" as required by Internal Revenue Code Section 7611. IRS sought information about loans, lease of an aircraft and compensation paid by the Brooklyn Park (MN) megachurch to its pastor, Mac Hammond. (See prior posting.) The magistrate judge agreed with the church that authorization by the Director of Exempt Organization Examinations did not meet the Internal Revenue Code's standard. In United States v. Living Word Christian Center, (D MN, Nov. 18, 2008), the magistrate judge suggested that after a 1998 IRS reorganization, the authority to "halt over-zealous examination of churches" should have been given to the Commissioner of Tax Exempt and Government Entities.

AG Choice Eric Holder Has Little Record On Church-State or Religious Freedom Issues

Barack Obama's reported choice for Attorney General, Eric Holder, appears to have little record on church-state or religious freedom issues. The one aspect of his past record that arguably relates to these issues is his support for strong hate crimes enforcement and legislation. His biography on the Lawyers for One America website says that as United States Attorney for the District of Columbia, he "supported a renewed enforcement emphasis on hate crimes so that criminal acts of intolerance would be severely punished." As Deputy Attorney General in the Justice Department in 1999 he presented testimony (full text) strongly supporting the Hate Crimes Prevention Act of 1999. The Act however did not pass Congress. Holder's record gives little hint of whether or not he would continue the Justice Department's "First Freedom Project" launched in 2007 by then-Attorney General Alberto Gonzales. The project, operated in the Civil Rights Division, emphasizes enforcement in religious discrimination and religious liberty cases.

Objector Arrested For Disrupting Council's Moment of Silence With Loud Prayer

In Southport, Indiana, 70-year old Charles Lynch objects to Mayor Rob Thoman's practice of beginning City Council meetings with a moment of silence instead of a prayer as was the practice before Thoman's election. At Monday night Council's meeting, Lynch began reading a prayer out loud during the moment of silence. When he was asked to stop, he began to pray louder. He also refused to leave the meeting and resisted police trying to take him out, despite the mayor's warning at the beginning of the meeting against such conduct. Lynch was arrested and charged with disorderly conduct. Yesterday's Indy Star reports that Lynch is now threatening to sue for false arrest. He said: "I'm not promoting any church or any religion. All I want is the way it was. Why take away our rights as citizens to have a word of prayer, because we've always had it."

Suit Challenges Refusal To Issue Vanity Plates Refering To God

In Indiana, for an added fee the Bureau of Motor Vehicles issues personalized license plates bearing the driver's selected combination of letters and numbers. Indiana Code Ann. 9-18-15-4 permits the BMV to refuse an application of the requested lettering would be "offensive to good taste and decency." A state regulation interpreting this statute (140 Ind. Adm. Code 2-5-2) prohibits vanity plates that refer to race, religion, deity, ethnicity, gender, sexual orientation, or political party or affiliation" except for generally accepted references to race or ethnic heritage. Elizabeth Ferris applied for plates reading "BE GODS"-- which she explained was inspired by a Christian musician and meant "belonging to God." On Monday, Ferris filed suit in federal district court (full text of complaint) alleging that the refusal to issue her the requested plates violated the free speech, free exercise, equal protection and due process clauses of the U.S. Constitution. Alliance Defense fund issued a release announcing filing of the lawsuit. It pointed out that Ferris had been issued the plates for 9 years previously before this refusal, and that the state issues its own "In God We Trust" specialty plates. (See prior related posting.) Yesterday's Indy Star also reported on Ferris' lawsuit.

UPDATE: Wednesday's Indy Star reports that the Indiana BMV now says that it will allow Elizabeth Ferris to obtain her "BE GODS" license plate because she attempted to reserve the plates before the Nov. 6 effective date of new regulations that prohibit plates that refer to the deity. However BMV Commissioner Ron Stiver defended the new policy, saying that once it allows mention of God on plates, it will also be forced by prohibitions on viewpoint discrimination to issue offensive plates such as "GODLESS".