Arizona Bar Considering Expanding Oath To Assure Proper Representation of Gays

Yesterday's Yuma Sun reports that the State Bar of Arizona is considering expanding the non-discrimination oath that lawyers now take to include sexual orientation. Currently each lawyer admitted to the bar is required to sign an oath that he or she "will not permit considerations of gender, race, age, nationality, disability or social standing to influence my duty of care." While bar president Ed Novak says the new oath would merely require an attorney who takes on a case to represent the client without regard to the attorney's personal views on homosexuality, 31 attorneys have written a letter to the Bar objecting. They say the oath is so broad that it might require attorneys to accept cases that violate their moral beliefs. Novak, however, says that lawyers should not take on cases if they feel they cannot properly represent the client's interests.

Illinois Supreme Court Says Challenge To Pharmacy Rules May Move Ahead

In Morr-Fitz, Inc. v. Blagojevich, (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court in a 5-2 decision, overturned lower courts and held that plaintiffs had stated a justiciable challenge to a State Board of Pharmacy rule that requires pharmacies to dispense the "morning after pill" even if pharmacists or pharmacy owners have a conscientious objection to doing so. While the lawsuit was pending, the state amended its rule to permit objecting pharmacists to avoid dispensing the drug if a pharmacist at a remote locations authorizes a non-pharmacy employee to sell the drug to a customer. The Court summarized its holding as follows:

Plaintiffs are two licensed pharmacists and three corporations that own and operate pharmacies.... [T]he pharmacists brought this preenforcement challenge ... [claiming] that this rule is null and void on its face as in violation of the first amendment and statutory law....

In this decision, the ... Court held that the action was ripe for judicial review and should not have been dismissed. It held that legal issues were presented that did not require agency expertise and that the stores had shown disruption of their business despite the absence of actual enforcement. The requirement that administrative remedies must be exhausted before filing suit in circuit court was not applicable here....

The dissenters argued that plaintiffs had failed to exhaust their administrative remedies before filing suit. AP yesterday reported on the decision. (See prior related posting.)

UN General Assembly Passes Defamation of Religion Resolution With Less Support

Yesterday, the United Nations General Assembly-- for the fourth year in a row-- passed a resolution urging member states to take action against defamation of religions and religious hatred. Reuters reports that the resolution, supported by the Organization of the Islamic Conference, passed by a vote of 86 to 53 with 42 abstentions. This was significantly less support that the resolution garnered last year. Many Western countries and Christian advocacy groups have strongly opposed the resolution, arguing that it improperly restricts freedom of expression. Earlier this week, NPR's Morning Edition had a segment on the resolution (audio recording). (See prior related posting.)

Judgments Threaten To Bankrupt Vermont Catholic Diocese

A jury in a Vermont state court on Wednesday decided that the Roman Catholic Diocese of Burlington, Vermont is liable for damages of $3.6 million for negligence in hiring and supervising Edward Paquette, a pedophile priest. The Rutland Herald reports that this, along with other judgments, threaten to bankrupt the Diocese. Earlier this year, in a case involving a different plaintiff who was also abused by Paquette, a jury awarded damages of $8.7 million. Another 25 cases involving Paquette and other sexual abusers are still unsettled. The Diocese is litigating with an insurance company attempting to get some coverage for its losses from a policy that was in effect from 1972 to 1978. A judge has already put a lien on the Diocese headquarters building in Burlington.

Magazine Publishes Long Interview With Archbishop of Canterbury

New Statesman yesterday published a long interview with Rowan Williams, the Archbishop of Canterbury. The interview came from a series of meetings over the last year between Williams and reporter James Macintyre. Williams "spoke about sharia law, capitalism, the disestablishment of the Church, and his love of The West Wing."

Mukasey Recusal From Madoff Case In Part Because of Ties To Defrauded Jewish Organizations

In yet another twist, reported yesterday by the New York Times and Cityfile, Attorney General Michael Mukasey has recused himself from all Justice Department investigations into the massive Bernard Madoff securities fraud. One reason is that Mukasey's son, Marc, is a defense attorney representing Frank DiPascali, a top financial officer at Madoff's investment firm. (AP). However there are other reasons as well. Mukasey had close ties to two non-profit organizations that were victims of the Ponzi scheme. Mukasey's synagogue, Congregation Kehilath Jeshurun on the Upper East Side of New York, had invested $3.5 million with Madoff. Its affiliated Jewish day school, Ramaz, had $6.5 million invested with Madoff. According to Wikipedia, Mukasey was a 1959 graduate of Ramaz. At a later date, Mukasey's wife, Susan, was a teacher and headmistress of the Ramaz lower school. Also both of the Mukasey children attended the school. (See prior related posting.) [Thanks to Above the Law for the lead.]

Court Says Rabbis' Homes Qualify For NJ Parsonage Exemption

In Mesivta Ohr Torah of Lakewood v. Township of Lakewood, (NJ Tax Ct., Dec. 10, 2008), the Tax Court of New Jersey held that two homes owned by a religious organization are entitled to the parsonage exemption from property tax under New Jersey law (NJSA 54:4-3.6). The Tax Court found, that "while the synagogue is situated on school property and in a building that also houses educational pursuits, plaintiff maintains a separate and independent synagogue at the facility." It went on to hold that the parsonage exemption is available even though the congregation collected rent from the clergy occupying the houses, and that the receipt of federal Section 8 housing assistance does not preclude the exemption. The court rejected the argument that granting tax exempt status to the properties while receiving federal subsidies would constitute an endorsement of religion by the federal government.

Court Refuses To Reonsider Opinion In UW Catholic Foundation Case

In Roman Catholic Foundation, UW Madison, Inc. v. Regents of the University of Wisconsin System, 2008 U.S. Dist. LEXIS 101390 (WD WI, Dec. 16, 2008), a Wisconsin federal district court denied plaintiffs' motion for reconsideration in a case plaintiffs had largely won challenging the constitutionality of the University's refusal to fund certain or its activities out of student fees. (See prior posting.) The Roman Catholic Foundation unsuccessfully attempted to convince the court to reverse its holdings that defendants have qualified immunity, that plaintiffs were not entitled to monetary relief, that the University's discrimination was content-based (not viewpoint based), and that plaintiffs are entitled to declaratory relief but not an injunction.

Obama's Selection For Inauguration Invocation Creates Controversy

Barack Obama yesterday created one of the earliest controversies of his upcoming administration by inviting pastor Rick Warren, author of the popular book, The Purpose-Driven Life, to deliver the invocation at his inaugural. Warren is the founder of Lake Forest, California's Saddleback Church at which Obama and McCain held a candidate forum in August. CNN reports that the selection of Warren has particularly incensed gay rights supporters. Warren backed California's Proposition 8 banning same-sex marriage.

An Obama spokesperson defended the choice of Warren as an attempt to make the inauguration inclusive, even though Obama disagrees with Warren's views on gay rights. The Boston Globe says that "Warren has been a forceful advocate for reordering evangelical priorities.... [H]is public priority has been combating AIDS in Africa, and he has criticized the politicization of evangelical Protestantism." Dan Gilgoff of U.S. News says that this "is an early taste of the Democrats' post-election effort to reach evangelical Americans."

The benediction at the inauguration will be delivered by the 87-years old civil rights leader, Rev. Joseph E. Lowery, co-founder of the Southern Christian Leadership Conference. Yesterday's Atlanta Journal Constitution says that Yale poet Elizabeth Alexander will read a poem before Lowery's closing prayer. The Washington Post yesterday published the full schedule of the inauguration ceremony.

UPDATE: Here is an excerpt from a controversial Beliefnet interview with Pastor Rick Warren on the issue of gay marriage. Many opponents of Warren's participating in the inauguration point to language in this interview as being particularly insulting to gays and lesbians.

UPDATE2: AP reported on Sunday that Pastor Rick Warren defended the invitation extended to him to deliver the invocation at the Inaugural. In a speech to the Muslim Public Affairs Council annual convention in Long Beach (CA), Warren said that he loves people of other religions, of both political parties and he also loves "gays and straights."

UK Charity Commission Issues New Guidance For Religious Groups

Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission (which regulates charities in England and Wales) issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. In a news release yesterday, the Commission announced that, following these public consultations, it is now releasing four supplementary public benefit guidance documents. They cover charities whose aims include preventing or relieving poverty, or advancing education or religion, and those that charge fees.

The guidance titled The Advancement of Religion for the Public Benefit provides that in order to qualify as a religious charity, an organization must advance religion. It will not qualify as charitable if its aims are political. However "charities can campaign for a change in the law, policy or decisions where such change would support the charity’s aims. Charities can also campaign to ensure that existing laws are observed."

The guidance goes on to provide that in assessing public benefit, the Charity Commission must also look at any "detriment or harm" that may flow from the organization carrying out its aims. Annex C to the Guidance sets out four potentially controversial examples of detriment or harm. It suggests that proselytizing in a country where that activity is illegal could be detrimental where it exposes the group's staff or volunteers to harm. In some cases refusal to permit medical treatment, as well as promoting hatred or violence and restricting adherents' personal choice to change their beliefs or leave a religion, could all be detrimental. Religious Intelligence reported on the new guidance document yesterday. (See prior related posting.)

Court In Ghana Restrains Town's Small Mosques From Using Microphones

In Ghana, according to Monday's Ghanain Chronicle , the Presiding Magistrate at Kete-Krachi district court has ordered nine mosques in the Kete-Krachi township to stop using microphones during their worship. An ex parte motion requesting the order was filed by the Paramount Chief of the Krachi traditional area. The court held that the mosques create excessive noise in violation of an anti-noise law. Four major mosques are still permitted to use microphones. The restraining order applies to a group of small mosques, each with six to eight worshippers, created by individual families which are contending among themselves for chieftancy positions.

Israel-Vatican Negotiations On Taxes, Property Resume

In Jerusalem yesterday, two days of negotiation began between Israel and the Holy See in the nearly ten-year effort by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status and agree on protection of Church properties and ownership of several sacred sites. Asia News reported yesterday that the negotiations are being held amidst rumors of a planned trip by Pope Benedict XVI to Israel next May-- a visit that the Israeli government strongly supports. At issue in the long-running negotiations are differences over the implementation of the 1993 Fundamental Agreement between the Holy See and Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. (See prior posting.)

"Ask the White House" Session Is On Holidays At the White House

On Tuesday, Anita McBride, Laura Bush's chief-of-staff, answered questions online about "Holidays at the White House" (full transcript). The online forum is part of the regular "Ask the White House" series hosted on the White House website. Questions included: "How many ornaments are usually on the White House Christmas Tree and how long did it take to put it up?" and "How did Mrs. Bush decide what kind of decorations she wanted?"

In Spain, Prosecutor's Office Removes Nativity Scene After Objections

Argument over nativity scenes and church-state separation are not limited to the United States. AFP reported yesterday that in Madrid, Spain, a small nativity scene at the state prosecutor's office led to objections from a top judge who objected that it violated the church-state separation guaranteed by Spain's 1978 Constitution. Supporters were unsuccessful in arguing that the nativity scene was a cultural symbol rather than a religious one, and it was taken down on orders of an official in the prosecutor's office. Catholic symbols remain prominent in Spain, 30 years after the end of Francisco Franco's dictatorship which treated Catholicism as a state religion. Currently Spain's Socialist government is drafting a new law on religious freedom that will give greater support to religious diversity and secularism.

Art. 16(3) 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."

Namibia High Court Holds Newspaper Liable For Defaming Church

The High Court of Namibia last week awarded the equivalent of about $6,000 (US) for injury to reputation to a church that was defamed by an article published in a Namibian weekly newspaper, the Southern Times. In Universal Church of the Kingdom of God v. Namzim Newspaper (Pty) Ltd, (Namib. High Ct., Dec. 9, 2008), the court ruled in the case in which the plaintiff church objected to a front-page headline in the paper reading: "State bans Satanic sect" along with a picture of its church building. The article inside the paper makes it clear that it was Zambia, not Namibia, that banned the church. Holding that strict liability in defamation cases involving the media would be inconsistent with the Namibia constitution's provisions protecting freedom of speech, expression and the press, the court held that the newspaper could defend if it showed the material published was true and in the public interest. Here the defendant failed to show that the material was true. Informante reported on the court's decision last week.

Emory Law and Religion Lectures Available For iPods

In its latest e-mail newsletter, Emory University's Center for the Study of Law and Religion announces that a series of more than 75 lectures on law and religion that were delivered over the last five years are now available free-of-charge as downloadable MP3 files through iTunes U (part of Apple's iTunes Music Store). A release on the Center's website from several weeks ago gives greater details. The lectures can be accessed in the following topical files: religion and family, religion and human rights, separation of church and state, and law and religion issues.

Indian Political Leader Fired From State Cabinet Over Conversion of Convenience

In the Haryana state in northern India, Deputy Chief Minister Chander Mohan has been thrown out of the cabinet after he converted from Hinudism to Islam in order to marry a second woman. As reported by the Malaysian Insider yesterday, Mohan, a Congress Party leader, had been married many years to his first wife and they had two children. However, now he is in love with Anuradha Bali who was the assistant advocate-general of Haryana before she was also recently fired over the matter. Both Mohan and Bali (who has now adopted the name Fiza) used a ploy common in India to avoid messy divorces under the Hindu Marriage Act-- conversions of convenience to Islam where more than one wife is permitted. However, Islamic scholar and Law Commission member Tahir Mahmood said that kind of conversion by a married Hindu is illegal.

Justice Department Asked To Investigate Georgia Courthouse Exclusion of Hijabs

According to a release yesterday by the Council on American-Islamic Relations, the group has asked the U.S. Justice Department to look into a series of incidents in Georgia in which Muslim women were prevented from entering courtrooms wearing Islamic headscarves (hijabs). The latest incident took place yesterday in Douglasville, Georgia. Apparently a woman wearing her hijab wanted to enter the courtroom in connection with a matter related to her nephew's traffic citation. A bailiff in the security area told her she could not do so. She responded by uttering an expletive as she attempted to leave. Reportedly, the bailiff then handcuffed her and took her to the judge's chambers where she was sentenced to jail for 10 days for "contempt." Local Muslims say there have been at least two other incidents of Muslims being excluded from that courthouse because of their clothing.

Wisconsin Suit Will Challenge Nativity Scene At Courthouse

The Freedom from Religion Foundation plans to file a lawsuit today challenging a nativity scene displayed on the courthouse lawn in Manitowoc, Wisconsin. WBAY-TV News reported yesterday that the display has been up every year for the last 62 years. The nativity scene is owned by the Manitowoc County Catholic Women's Club. County Executive Bob Ziegelbauer said that while there are no other displays along with the nativity scene, that is because he has received no other applications. He says other groups are welcome to put up displays as well-- all they have to do is ask.

UPDATE: Here is the full text of the complaint in Freedom from Religion Foundation, Inc. v. Manitowoc County, Wisconsin, (ED WI, Dec. 17, 2008).

Justice Department Gives Records To US Holocaust Museum

On Tuesday, U.S. Attorney General Michael B. Mukasey spoke at the U.S. Holocaust Memorial Museum (full text of remarks) to draw attention to the Justice Department's donation to the Museum of more than 50,000 pages of records from 40 denaturalization, extradition, and removal cases against World War II Nazi war criminals. The cases were all brought by the Justice Department's Office of Special Investigations after it was formed in 1979. Mukasey said:

these documents serve the dual need of this Museum: to assure that the world does not forget the particularity of the Holocaust - the attempt to eradicate Jews because they were Jews - while at the same time enabling the world to draw general lessons from what is displayed and documented here.

A duplicate set of the papers will be donated to Yad Vashem, Israel's Holocaust museum and memorial.