Obama, Thanksgiving, and Church

ABC News reports that President-elect Barack Obama, along with his wife Michelle and their two daughters, spent an hour on the day before Thanksgiving handing out bags of food to the needy at Chicago's St. Columbanus Catholic Church. This is Obama's third year of volunteering before Thanksgiving at a local food bank.

Meanwhile earlier this week, Politico reported that on the three Sundays since the election, Obama has not attended church services. Instead he has used his Sundays to work out at a Chicago gym. An Obama aide say that the Obamas have been concerned about the disruption that their visit would cause, as well as possibly unwanted attention for a church not used to Presidential visits. The aide said that the Obamas "look forward to finding a church community in Washington, D.C." The Obamas, of course, resigned from the large Trinity United Church of Christ in Chicago in May in a dispute over views of its controversial pastor Jeremiah Wright. (See prior posting.)

Florida Trial Court Overturns Gay Adoption Ban; Rejects Religious Objections

In In re Adoption of John Doe and James Doe, (Miami-Dade FL Cir. Ct., Nov. 25, 2008), a Florida state trial court held that a Florida statute barring "any person [who] is a homosexual" from adopting children (FL Stat. 63.042(3)) violates "equal protection rights guaranteed by Article I, § 2 of the Florida Constitution without satisfying a rational basis. Moreover, the statutory exclusion defeats a child’s right to permanency as provided by federal and state law pursuant to the Adoption and Safe Families Act of 1997." In its 53-page decision, the court approved the adoption of two young boys by Frank Martin Gill. He and his partner have been caring for them as foster parents since late 2004.

As emphasized in a report by Florida Baptist Witness, the court discredited much of the psychological testimony of the two experts for the state because of its religious underpinnings. Assessing the testimony of Dr. George Reker, a psychologist and Baptist minister, the court said: "Dr. Rekers' beliefs are motivated by his strong ideological and theological convictions that are not consistent with the science. Based on his testimony and demeanor at trial, the court can not consider his testimony to be credible nor worthy of forming the basis of public policy." Another witness for the state, Kansas State University Professor Dr. Walter Schumm, wrote in an article that: "I have been trying to use statistics to highlight the truth of the Scripture." The court says Schumm argues that his work, mostly unpublished, "should be accepted over the analyses of well respected researchers in peer reviewed journals."

The ACLU of Florida has links on its website to extensive information about the case, including the full transcript of the trial. Yesterday's Florida Sun-Sentinel also reports on the case.

6th Circuit Denies Summary Judgment In Establishment Challenge To School Outsourcing

Tennessee Code 49-6-3402 requires local boards of education to create alternative schools for students in grades 7-12 who have been suspended of expelled. Tennessee's Jefferson County School Board, for budgetary reasons, eliminated its separate alternative school program and instead contracted with Kingswood Academy to provide alternative services for public school students. Kingswood was already running a residential program for troubled children that included Christian religious training. In Smith v. Jefferson County School Board of Commissioners, (6th Cir., Nov. 24, 2008), the former principal and two former teachers from Jefferson County's former separate program challenged this arrangement on federal and state Establishment Clause grounds, as well as on other grounds.

In a 2-1 decision, the U.S. 6th Circuit Court of Appeals held that all of the plaintiffs have individual standing to bring the federal Establishment Clause claim and two of the three have municipal taxpayer standing. On the merits, it refused to grant defendants summary judgment, concluding:

Although the stated secular purpose of the Board—affording an education to alternative school students in the public-school system by sending them to the private Kingswood School in order to help resolve a budget crisis—arguably predominates over any inclination of the Board to advance religion, if the day program was infused with the same focus on Christianity as the residential program, a reasonable person could conclude that the Board was endorsing religion by delegating all of its duties to Kingswood.

Judge Rogers dissenting argued that plaintiffs lack standing to pursue their Establishment Clause claim.

Defining Unborn Child as "Person" In Murder Law Upheld

In Eguia v. State of Texas, (TX Ct. App., Nov. 20, 2008), a Texas appellate court upheld appellant's conviction for murdering a woman and her unborn child. The court rejected appellant's constitutional challenge to the Texas statute that defines an unborn child as a "person" for purposes of the capital murder statute. (TX Penal Code 1.07(a)(26)). Jacob Eguia contended that this definition violates the Establishment Clause of the U.S. Constitution and Art. I, Sec. 6 of the Texas Constitution that bars giving preference by law to any religion. Holding that "a statute is not automatically rendered unconstitutional simply because it advances ideals that harmonize with religious ideals," the court found that the statute meets the Lemon test. It concluded that "the State has a legitimate secular interest in protecting mothers and their unborn children throughout the mother’s pregnancy

5th Circuit Remands Invalidation of Disturbing-The-Peace Ordinance

In Netherland v. Eubanks, (5th Cir., Nov. 25 2008), the U.S. 5th Circuit Court of Appeals vacated a preliminary injunction that had been issued by a Louisiana federal district court against the City of Zachary, Louisiana. John Netherland, a Christian who was preaching loudly near the Sidelines Grill, was threatened by police with arrest for disturbing the peace if he did not stop. The district court held that the disturbing the peace ordinance was unconstitutionally overbroad on its face. (See prior posting.) The Court of Appeals, however, remanded the case for the court to determine whether a narrowing construction of the disturbing-the-peace ordinance was available. The AP yesterday reported on the decision.

En Banc Review Sought In 7th Circuit License Plate Case

The Thomas More Society yesterday filed a petition for en banc review of the 7th Circuit's opinion in Choose Life Illinois, Inc. v. White. (See prior posting.) In the case, a 3-judge panel of the federal 7th Circuit held that there was no First Amendment violation when the state of Illinois decided to exclude the subject of abortion from its specialty-plate program. Implementing this policy, the state refused a request to issue a special "Choose Life" license plate. Reporting on the petition, LifeNews said that plaintiffs will seek Supreme Court review if en banc review is denied. [Thanks to Melissa Harman for the lead.]

Australia Seeks Public Comment on Report on Religious Freedom

Christian Today carries an article about the Australian Human Rights Commission discussion paper titled Freedom of Religion and Belief in the 21st Century. The paper, issued in September, is open for comment until January 31, 2009. According to the Commission's website, the project is designed to obtain input from faith communities and others in an effort "to build a more socially cohesive and harmonious society that protects and promotes Article 18 of the Universal Declaration of Human Rights (UDHR) and Article 18 of the International Covenant on Civil and Political Rights (ICCPR)." A series of supplementary papers will also be released for comment. The first of these, titled How Does Freedom of Religion and Belief Affect Health and Wellbeing?, is already available. Additional supplementary papers will deal with religion and the arts; the law, judiciary and religion; the media, journalism and freedom of religion and belief; indigenous spiritual expression and freedom of religion and belief; education and religion; the intersection of freedom of religion and gender equality; and religion freedom and expression and radicalisation.

More Developments In Texas Cases Against FLDS Church Members

Yesterday's Deseret News reports on two developments in the ongoing confrontations between the state of Texas and the polygamous Fundamentalist Latter Day Saints church. In a court hearing in San Angelo (TX), a 17-year old girl, a member of FLDS, who had been temporarily held in foster care by the state refused to reveal the whereabouts of her infant. According to the article, the court wants to collect a DNA sample from the baby in order to determine whether the mother was married off to an adult. Under Texas law, a minor under 17 generally cannot legally consent to sex with an adult.

In a second development, three FLDS members have surrendered to authorities after a grand jury earlier this month indicted them on charges relating to plural marriages at the YFZ Ranch that was raided by the state earlier this year. 72-year old Fredrick Merril Jessop allegedly conducted an unlawful marriage ceremony between his 12-year old daughter and FLDS leader Warren Jeffs. Wendell Loy Nielsen, 68, was indicted on three charges of bigamy. Leroy Johnson Steed, 42, was indicted for sexual assault of a child, bigamy and tampering with physical evidence.

Texas Judge Allows Defamation Suit Against Pastor and His Church To Proceed

In San Antonio, Texas yesterday, a state trial court judge refused to dismiss a defamation lawsuit against Summit Christian Center and its pastor Rick Godwin. Former church member Larry Nail claims in the suit that the pastor defamed him from the pulpit by accusing him of bribery after Nail attempted to expose the pastor's spending of church funds. Defendants had argued that the lawsuit involves an internal church religious dispute that is beyond the jurisdiction of civil courts, saying the pastor was relying on Biblical authority to discipline Nail for being spiritually divisive. Today's San Antonio Express-News reports that District Judge Barbara Hanson Nellermoe made the ruling after hearing more than two days of testimony.

Shoshone Tribe Sues To Stop Development of Nevada Gold Mine

Last Thursday, three Shoshone Indian tribal groups and two environmental organizations filed suit in a Nevada federal district court to stop development of a large open-pit gold mine on Mt. Tenabo. Yesterday's Environment News Service reports that the Bureau of Land Management approved the $500 million Cortez Hills Expansion Project after years of Shoshone opposition. (Full text of BLM environmental impact statement).The lawsuit alleges that the project will destroy land "well-known for its spiritual and cultural importance to the Western Shoshone" and "home to local Shoshone creation stories, spirit life, medicinal, food and ceremonial plants and items." Plaintiffs say the land "continues to be used to this day by Shoshone for spiritual and cultural practices." Some Western Shoshone communities however support the project, having entered a collaborative agreement with mine developers who will set up a Western Shoshone Educational Legacy Fund tied to revenue from the mine.

Two On Obama's Economic Team Have Worked On Religious Liberty Issues

Ahead of his news conference yesterday, President-elect Barack Obama announced his choice for five key economic posts in the federal government. (Wall Street Journal). In a release yesterday, the Orthodox Jewish Union reports that two of these appointees also have made significant contributions in the field of religious liberty. Melody Barnes, picked as director of the White House Domestic Policy Council, served on the staff of Senator Ted Kennedy from 1995-2003. There she worked on important religious freedom initiatives, including the Religious Land Use and Institutionalized Persons Act. Heather Higginbottom, chosen as deputy director of the White House Domestic Policy Council, served as Senator John Kerry’s Legislative Director from 1999 to 2007. In that position she sought to obtain support in Congress for the Workplace Religious Freedom Act.

6th Circuit Allows Some Sex-Abuse Claims Against Vatican To Proceed Under FSIA

In O'Bryan v. Holy See, (6th Cir., Nov. 24, 2008), the U.S. 6th Circuit Court of Appeals affirmed a district court decision dismissing certain claims against the Vatican in a clergy sex-abuse case, but permitting other claims to proceed under the Foreign Sovereign Immunities Act (FSIA). At the heart of the claims against the Vatican were allegations that, through a 1962 directive, it implemented a policy to keep allegations of childhood sexual abuse by priests secret. Finding that the Holy See is a foreign state under FSIA, the court held that plaintiffs had waived any Establishment Clause challenge to applying FSIA to the Vatican. Under FSIA, federal courts have jurisdiction only if one of the statute's exceptions to sovereign immunity apply. The court rejected arguments that the commercial activity exception or the tortious act exception subjected the Holy See to suit in U.S. courts. However the court went on to hold that the tortious act exception did allow claims against the Holy See arising out of conduct of Holy See employees in the United States engaged in the supervision of allegedly abusive priests, including clergy failure to warn parents or report perpetrators. AP reported on the decision yesterday.

UPDATE: Also reporting on the decision, yesterday's Wall Street Journal says that attorneys for the Vatican are not "presently inclined" to seek Supreme Court review. The Wall Street Journal has also posted the full text of the once-confidential 1962 directive on how Diocesan officials should proceed "in cases of solicitation".

Vietnam Ends Attempt To Control Catholics; Recognizes Mennonites

The press this week reported on two significant developments out of Vietnam. According to Asia News , the government's attempt to follow China's lead and create create a Catholic Church controlled by the Communist Party instead of the Pope has failed. Meanwhile Ekklesia reports that the Vietnam National Religious Affairs Committee has given full legal recognition to the Vietnam Mennonite Church which held its first official General Assembly on Nov. 15-17.

Holy Land Foundation Leaders Convicted In Their Retrial

Yesterday, according to the New York Times, federal prosecutors in Dallas, Texas obtained convictions against five leaders of a Muslim charity for funneling donations to the terrorist group Hamas. Last October, a mistrial on most charges occurred in the trial of leaders of the Holy Land Foundation for Relief and Development. (See prior posting.) But on this retrial, the jury found the defendants guilty on 108 counts of supporting terrorism, money laundering and tax fraud. Defendants plan an appeal. Before the U.S. closed it down in 2001, the Holy Land Foundation was the largest Islamic charity in the United States.

UPDATE: A Nov. 25 New York Times article reports on the reaction of the American Muslim community to the convictions-- the community is divided over the case.

U.N.'s 3rd Committee Approves Resolution on Combatting Defamation of Religions

Yesterday the United Nations General Assembly's Third Committee (which focuses on social humanitarian and cultural issues) adopted a controversial resolution urging countries to combat the defamation of religion. Canwest News Service reports that the resolution passed 85-50, with 42 abstentions. The 6-page Resolution (full text in Word doc.) includes a call for "all States to provide, within their respective legal and constitutional systems, adequate protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions and incitement to religious hatred in general...." Similar resolutions have been put forward in other U.N. venues as part of a campaign by the Organization of the Islamic Conference. (See prior posting.) Canwest says that "While this year's draft is less Islam-centric that resolutions of earlier years, analysts note it is more emphatic in linking religion defamation and incitement to violence."

The American Jewish Committee, in a release yesterday, said that the resolution, sponsored by Belarus, Uganda, and Venezuela, "stifles valid scrutiny of radical Islam and condones intimidation as a response to insensitive speech." Scoop News says that this year's vote in favor of the resolution reflected a decline in support, stemming from efforts by groups such as the Becket Fund for Religious Liberty and UN Watch to muster opposition the measure.

Spanish Court Says Schools Must Remove Crucifixes

For the first time, a judge in Spain has ordered a public school to remove crucifixes from the walls of its classrooms and public spaces. Today's Edmonton (Vancouver) Journal reports that the ruling came in the city of Valladolid in a case in which a parent and a secular organization claimed that schools were violating the constitutional guarantee of church-state separation. Art. 16 of Spain's Constitution provides: "No religion shall have a state character. The public powers shall take into account the religious beliefs of Spanish society and maintain the appropriate relations of cooperation, with the Catholic Church and other denominations." The court held that "The presence of these symbols in areas ... where minors are being educated can promote the idea that the state is closer" to Roman Catholicism than other religions.

British Airways Employee Loses Appeal In Religious Jewelry Case

In Eweida v. British Airways PLC [Word doc.], (Empl. App. Trib., Nov. 20, 2008), Britain's Employment Appeal Tribunal held that British Airways had not engaged in "indirect discrimination" in insisting that a cross worn on a necklace by check-in clerk Nadia Eweida be concealed by her uniform. Only the holding below relating to indirect discrimination was appealed. BA's policy, which applied to all jewelry including religious items, had an exception if wearing the item was a "mandatory" scriptural requirement and it could not be concealed under the uniform. Ultimately Eweida returned to work after BA amended its policy.

Wearing the cross was not a tenet of Eweida's Christian faith, but instead was a personal expression of belief. The Tribunal found that there was not evidence that BA's policy had a disparate impact on Christians, or a group of Christians, "because there was no evidence that a sufficient number of persons other than the claimant shared her strong religious view that she should be allowed visibly to wear the cross." Personnel Today reports on the decision. (See prior related posting).

Wisconsin Town Repeals Ordinance Out of Concern For Amish Buggies

Loyal, Wisconsin City Council last week repealed an ordinance that it had passed just a month earlier, out of concern that the law would discourage local Amish residents from visiting the city in their horse-drawn buggies. The ordinance would have required horses within city limits to wear manure-catching devices. According to last Friday's Salt Lake Tribune, Amish were afraid that the required bags would make their hoses skittish. After enacting the repeal by a vote of 7-1, City Council went on by a vote of 5-3 to require that horse-drawn vehicles use only a prescribed route through town.

Muslim Prisoners In British Facility Force Conversion on Fellow Inmates

London's Sunday Express reported yesterday that in Cambridgeshire's top security Whitemoor prison, Muslim inmates have launched a "reign of terror", forcing other prisoners to convert to Islam or face beatings or worse. The Prison Officers' Association has been calling for dispersal of the 100 Muslim prisoners in Whitemoor elsewhere in order to break up the gang violence.

UPDATE: The Nov. 28 Muslim News reports that an inspection of Whitemoor prison last month by the Chief Inspector of Prisons found that "the Prison Service as a whole needs to equip staff better to deal with the growing number of Muslim prisoners." However the report gave high marks to Whitemoor's religious program for its Muslim inmates.

Parents Must Move From Alamo Church Compound To Regain Custody of Girls

As previously reported, in September after federal authorities raided the compound of Tony Alamo Ministries, Arkansas officials took six minor girls into temporary custody. According to yesterday's Arkansas Democrat Gazette, a hearing was held last Friday on the status of two of those girls. Miller County Circuit Judge Jim Hudson, following recommendations of the state Department of Human Services, ruled that the girls can be returned to their parents only if the parents move off property controlled by Tony Alamo Christian Ministries. The family must also establish financial independence from the church. However, the parents can continue to attend church services. On Saturday, the judge said he would be willing to consider other plans proposed by the parents to protect the girls without moving. State authorities objected to the girls living in the same house with Alamo and several of his wives. Also the girls had not received childhood vaccinations, and were not being educated by state-certified teachers or in a registered home-school program.

Meanwhile, hearings are scheduled today in Miller County, Arkansas Circuit Court for 20 additional children who were removed last week from parents who attend the Tony Alamo Christian Ministries. (Arkansas Online.)