New Study of Religious Affiliation of Members of 111th Congress

Pew Forum on Friday released a study of the religious affiliation of members of the new 111th Congress. Looking at the House and Senate together, 54.7% are Protestant (most from the mainline denominations), 30.1% are Catholic, 8.4% are Jewish, 2.6% are Mormon and 1.3% are Orthodox. The new Congress also includes 2 Buddhists and 2 Muslims. While 16.1% of American adults say they are unaffiliated, no one in Congress specifically claimed a lack of religious affiliation, though 5 members did not specify a religious affiliation. Included on the Pew Forum's website is a list of each member and his or her religious affiliation, a graphic summarizing the findings, and extensive additional data on affiliations in each house of Congress and of Congressional leaders. Reacting to the survey yesterday, Americans United says that denominational affiliation does not tell much about members' positions on particular issues.

Georgia's AG Supports Permitting Religious Garb In Courtrooms

Georgia's Attorney General Thurbert E. Baker says he supports changing court rules to permit the wearing of religious garments, including the Islamic hijab, in courtrooms. A press release yesterday by CAIR says that Baker wrote in response to CAIR's request for sanctions against a Douglasville (GA) judge who has barred from his courtroom Muslim women wearing religious headscarves. (See prior posting.) Baker wrote that policies "must be designed in such a way so as not to unnecessarily or inappropriately infringe on individuals' rights to observe their religious practices, including the wearing of religious garments...[I]t is difficult to imagine a security concern that could not be addressed in a way that would also accommodate an individual's religious practices related to dress. Religious freedom is a cornerstone of this nation's constitution and should be vigorously protected." Baker also sent a copy of his letter to the Georgia Judicial Qualifications Commission.

UPDATE: AP reported on Wednesday that Douglasville police officers, as well as city employees who work with the court, will be given sensitivity training, focusing on court restrictions and on special accommodations (such as hearings outside the court room) that are available. Also courtroom decorum rules will be posted around the building.

Malaysian Official Wary On Moves Toward Inter-Religious Understanding

In Malaysia today, according to a report by Bernama, Dr. Ahmad Zahid Hamidi, Minister in the Prime Minister's Department, spoke to reporters after opening the 4th Islamic Religious Enforcement Officers and Syariah Prosecutors' Conference and launching the Code of Ethics for Religious Enforcement Officers. He said that, at the urging of the Cabinet, he has asked various Islamic officials to meet with the Unity, Culture, Arts and Heritage Ministry to create new guidelines for better religious understanding. However, he believes that involvement of politicians in religious dialogue creates more problems. He urged that any inter-religious discussions or dialogues be held in private, saying: "The more such discussions are held, the further apart we will be. Therefore, our contention is that there should be less such discussions but more racial integration activities, such as holding functions together to honour religious leaders which can improve relations between people of different religions." Zahid also told reporters that so far 1,242 religious enforcement officer positions have been created-- one for every 23,000 Malaysians.

Vietnam Recognizes Presbyterians and Seventh Day Adventists

Earth Times reports today that the government of Vietnam has now officially recognized the Vietnamese branches of the Seventh-Day Adventist Church and the Presbyterian Church. The recognition took place in a ceremony in Ho Chi Minh City yesterday.

Poland's President Visits Synagogue Service For First Time In History

Lech Kaczynski, president of Poland, yesterday lit a candle in a ceremony marking the beginning of Hanukkah in a Warsaw synagogue. The Hanukkah service also included a prayer for the Polish nation written for the occasion. After the service, the president joined the congregation in sampling potato latkes-- a food that is a symbol of the holiday. Haaretz reports that this is the first time a Polish president has ever attended a religious service at a synagogue in Poland. The only other presidential visit came in the 1920's when Ignacy Moscicki visited a synagogue, but not for a religious service. Even as mayor of Warsaw, Kaczynski befriended the Jewish community, and for the past two years he has hosted a Hanukkah candle-lighting ceremony at the presidential palace. Kaczynski's example has created a spirit of tolerance that has spread to other officials in a country whose Jewish population was largely destroyed in the Holocaust. Meanwhile, current Warsaw Mayor Hanna Gronkiewicz-Waltz yesterday joined a candle-lighting Hanukkah ceremony in front of the Palace of Culture.

Recent Articles of Interest and Two Unusual New Books

From SSRN:

• Tanya Dumas, Sean Gates & Deborah Schwarzer, Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research, (Widener Law Review, Forthcoming).


• Daniel R. Suhr, On the Freedom of a Congregation: Legal Considerations When Lutherans Look to Change Denominational Affiliation, (Texas Review of Law & Politics, Vol. 13, 2009).


• Raphael Cohen-Almagor, Reply to Rejoinder: Teaching in Class Versus Free Expression, (American Journal of Education, Vol. 115, pp. 179-183, November 2008).

From SmartCILP:

• Yehiel S. Kaplan, The Power of Interpretation: Religious Scholars Elevate the Status of Female Guardians in Jewish Law, 14 Cardozo Journal of Law & Gender 519-547 (2008).


• The Fourteenth Annual International Law and Religion Symposium [full text]. Articles by Noryamin Aini, Robert C. Blitt, Pieter Coertzen, Liaquat Ali Khan, Javier Garcia Oliva, M. Elena Pimstein and Keiko Yamagishi. 2008 BYU Law Review 669-941.

Two Unusual Books:

• Rev. Dean M. Kelley, The Law of Church and State in America (full text of 5 volumes published online, 2008), reviewed by First Amendment Center.


• Patrick & Mary Mangan, The Cross and the Water Tower: A Christmas Story, (Rotondo Press, 2008), (children's fiction based on a church-state issue), reviewed by the Arlington Heights (IL) Daily Herald.

Former Armenian Churches In Georgia are Focus of Contention

An article in the Armenian Reporter and an interview with Armenian Bishop Vazgen Mirzakhanian focus on six church buildings in the nation of Georgia-- five of them in the capital of Tiblisi-- which are claimed by the Armenian Orthodox Church. The disputed churches were taken from the Georgian-Armenian Diocese during the Soviet era and the buildings were put to nonreligious uses. In a recent visit to Tiblisi by the prime minister of Armenia, one of the churches (Holy Norashen) was briefly opened for prayers and lighting of candles at a ceremony attended by the prime minister. Meanwhile, pending resolution of ownership, the former church buildings are not being cared for by the Georgian government and are falling into disrepair. The issue of the churches is now being discussed by political leaders of both Georgia and Armenia.

Hanukkah Begins Tonight With Mixed Church-State Messages In DC

The Jewish festival of Hanukkah begins at sundown this evening. In Washington, DC, events project a mixed church-state message. On the Ellipse near the White House, the "National Chanukah Menorah" will be lit in a ceremony featuring, among others, the U.S. Navy Band. (Chanukah on the Ellipse website.) The menorah is a project of American Friends of Lubavich. Earlier this week, the White House hosted a Hanukkah reception. (See prior posting.) As reported last month by the New York Sun, this year's invitations to the White House Hanukkah reception raised some eyebrows. The front of the invitation pictured a Clydesdale horse hauling a Christmas tree up to the White House whose windows all displayed Christmas wreaths. Brooklyn Jewish community leader Isaac Abraham joked that this must be depicting the Christmas tree being taken out of the White House with the menorah being brought in the back door. A number of commentators, such a this item from the Houston Chronicle, suggest that there is irony in the increasing mixing of Hanukkah with Christmas since the holiday celebrates the victory of those who opposed the assimilationist force of Hellenism in the second century BCE.

British Marriage Registrar Loses Discrimination Appeal

In London Borough of Islington v. Ladele, (EAT, published Dec. 19, 2008), Britain's Employment Appeal Tribunal reversed a lower Tribunal's decision (see prior posting) and held that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing to register same-sex civil partnerships. In a 47-page decision, the appellate tribunal said in part:

The claimant’s complaint on this score is not that she was treated differently from others; rather it was that she was not treated differently when she ought to have been.... That is a complaint about a failure to accommodate her difference, rather than a complaint that she is being discriminated against because of that difference....

[P]art of the commitment to the promotion of equal opportunities and fighting discrimination is that employees should not be permitted to refuse to provide services to the community for discriminatory reasons.... [R]equiring the staff to act in a non-discriminatory manner was entirely rationally connected with the legitimate objective....

The council were entitled to take the view that they were not willing to connive in that practice by relieving Ms Ladele of these duties, notwithstanding that her refusal was the result of her strong and genuinely held Christian beliefs. The council were entitled to take the view that this would be inconsistent with their strong commitment to the principles of nondiscrimination and would send the wrong message to staff and service users....

The claimant's beliefs were strong and genuine and not all of management treated them with the sensitivity which they might have done. However, we are satisfied that the Tribunal erred in finding that any of the grounds of discrimination was made out.

BBC News reported on the decision on Friday. The Christian Institute issued a release stating that claimant Lillian Ladele plans to appeal to the Court of Appeal.

Inidian Court Refuses To Permit Burial of Terrorists By Jailed Muslim Qazi

In India, the Maharashtra Control of Organised Crime Act Court has rejected an application by a Muslim Qadi (religious judge) who wants to bury the nine Pakistani terrorists from the recent Mumbai massacre in a cemetery plot he owns. Today's Times of India reports that the application was filed by Saquib Nachan, who is in jail facing charges of conspiracy from a 2003 train bombing. Saquib filed the application after Muslim cemeteries in Mumbai refused burial. Those cemeteries say that the terrorists could not be true followers of Islam. (See prior posting.)

Recently Available Prisoner Free Exercise Cases

In Rivers v. McConnell, (3d Cir., Dec. 17, 2008), the U.S. 3rd Circuit Court of Appeals dismissed a frivolous an appeal by a prisoner who claimed, among other things, free exercise violations stemming from action taken against him after he made death threats against county officials in a pleading in a child custody case.

In Roddy v. West Virginia, 2008 U.S. Dist. LEXIS 100595, (ND WV, Dec. 11, 2008), a West Virginia federal district judge adopted a magistrate's recommendation that a prisoner's claim be dismissed for failure to exhaust administrative remedies. Plaintiff claimed that certain Native American religious items were seized from him upon entry to prison. The case was on remand from the 4th Circuit. (See prior posting.)

In Rust v. Nebraska Department of Correctional Services Religion Study Commission, 2008 U.S. Dist. LEXIS 100823 (D NE, Dec. 1, 2008), a Nebraska federal district court allowed two prisoners to proceed pro se (but not as class representatives) in their claims that prison officials refused to provide them separate time and space for Theodish worship and failed to provide certain religious items for them.

In Gillet v. Anderson, 2008 U.S. Dist LEXIS 59557 (WD LA, Aug. 3, 2008), a Louisiana federal district court accepted a magistrate judge's recommendation (2008 U.S. Dist LEXIS 77273, July 11, 2008) to dismiss a prisoner's suit for failure to exhaust administrative remedies. Plaintiff was seeking access to Hermetic Gnostic books, organizations and services. The complaint was dismissed with prejudice to its refiling in forma pauperis.

In India, Tribals Protest Ban On Religious Hunting Ritual

Today's Calcutta Telegraph, following up on an article published last month, reports on the problems that followers of the tribal Sarna religion in India are having in carrying out one of their key rituals-- the Sendra. In the Indian state of Jharkhand, the Jharkhand Raksha Sangh is trying to revive the Sendra-- a ritual that involves fasting and then hunting animals. However the Jharkhand Forest Department is banning followers from hunting in the Dalma region, which includes a large wildife sanctuary. Apparently the ban relies on Section 144 of the Indian Code of Criminal Procedure (orders to prohibit apprehended danger). Friday, supporters held a protest in front of the East Singhbhum deputy commissioner's office. Jharkhand Raksha Sangh leaders have submitted a memorandum to the President of India claiming that the restriction violates their rights to freedom of conscience and religion protected by Art. 25(1) of the Indian Constitution. They say they will file a lawsuit in India's Supreme Court if the district administration does not permit them to practice their traditional rites.

Last Trial Court Decision Issued In Virginia Episcopal Church Litigation

In In Re: Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., Dec. 19, 2008), a Virginia state trial judge issued a letter opinion deciding the remaining eight issues outstanding in the elaborate litigation involving eleven break away Episcopal (now Anglican) congregations which are seeking to retain control of their church buildings and property. The churches filed petitions under Virginia's "Division Statute" seeking adjudication of their ownership of various properties. The decisions handed down in this latest opinion, with one exception, reaffirm prior holdings that the properties belong to the congregations, not to the Episcopal Church USA and the Diocese. However the court did hold that ownership of a Falls Church endowment fund that was in dispute was not covered by the the congregation's petition under the Division Statute, and adjudication of its ownership would be decided in a pending declaratory judgment action.

Episcopal News Service, the Christian Post, and AP report on the decision, and indicate that an appeal is likely. (See prior related posting.) Links to all the extensive pleadings and opinions in the litigation are available from the website of the Diocese of Virginia.

6th Circuit OK's Exclusion of Religious Work From Military Post-Retirement Credit

In Bowman v. United States, (6th Cir., Dec. 18, 2008), the U.S. 6th Circuit Court of Appeals rejected a claim by a retired Air Force sergeant that he was wrongly denied participation in a program that credited extra years toward military retirement benefits for post-separation public and community service. Linden Bowman sought credit in the program for service as a lay intern and a youth minister in a local church. Defense Department regulations allow credit for work with non-profit religious organization only if the work is unrelated to religious instruction, worship services or proselytizing. The court held that this provision is consistent with the Congressional statute authorizing the community service program. The court also held that the limitations did not infringe Bowman's free exercise rights and did not amount to religious discrimination. Applying a rational basis analysis to Bowman's equal protection challenge, the court held that Congress' limiting of the program to public service involving critical community needs passes the rational basis test.

Americans United issued a release applauding the decision which affirmed the trial court. (See prior posting).

Court Adjudicates Competing Claims For Control Of Baptist Church

In Premiere Eglise Baptiste Haitienne de Manhattan (First Haitian Baptist Church of Manhattan) v. Joseph, (NY App. Div., Dec. 18, 2008), a New York state appellate court rejected a claim by George Joseph that he had authority over a congregation's temporal affairs by reason of a power of attorney given to him by his father, a former pastor of the church. Under a stipulation growing out of prior litigation, Joseph's father (now deceased) was made merely a "counseling pastor" with only advisory powers. Thus he lacked the authority to transfer church control to his son. The court also upheld the trial court's injunction prohibiting Joseph, whose membership in the church had been terminated, from disturbing worship services. The court held that as a Baptist church, the congregation has control over spiritual matters, including termination of membership for violation of church discipline. [Thanks to J.J. Landa for the lead.]

Amish Landowner Loses In Prosecution for Refusing To Install Septic System

In State of Ohio v. Bontrager, (OH Munic. Ct., June 24, 2008), decided several months ago by the Trumbull County, Ohio Municipal Court, but just made available online, an Amish man lost his battle with county Board of Health officials. Adam Bontrager refused to install a required septic system on his property because it would require the use of electricity which was prohibited by his religious beliefs. In defending criminal charges brought against him, Bontrager argued that the free exercise provisions of Ohio's Constitution (Art. I, Sec. 7) protected him. The court held that while Ohio applies strict scrutiny even to neutral laws of general application, here the state had a compelling interest in prohibiting the discharge of untreated sewage. Bontrager was convicted and fined $50.

City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer

After months of negotiations (see prior posting), under pressure from the Illinois Counties Risk Management Trust (ICRMT), its insurer, Carlinville, Illinois City Council has finally approved an agreement settling a lawsuit brought against it by the Carlinville Southern Baptist Church. The Southern Baptist group wants to use a former Wal-Mart building, zoned for commercial use, as a church, and sued under RLUIPA as well as the 1st and 14th Amendments when it was refused permission to do so. According to Friday's Alton (IL) Telegraph, last Monday, City Council implemented the settlement by adopting an ordinance granting a special use permit to the church. The church will receive a check from ICRMT for $125,000. Interestingly, the city itself will receive from ICRMT a check for $50,000 to compensate it for its loss of economic development opportunities. The $50,000 might be used to explore forming a tax increment financing district in Carlinville.

Idaho University Sued Over Denial of Funding To Student Religious Groups

In Idaho, six students have filed suit in federal district court against Boise State University challenging University rules that preclude student religious organizations from receiving funding from student activity fees. The University contends that the exclusion is required by the provision in Idaho's Constitution (Art. IX, Sec. 5) barring state monies from going to religious institutions. Plaintiffs, represented by the Center for Law and Religious Freedom, say that the University policy amounts to viewpoint discrimination in violation of the free expression provisions of the U.S. Constitution. The complaint in Cordova v. Laliberte, (D ID, Dec. 17, 2008), and plaintiff's brief in support of motion for preliminary injunction are available online. Yesterday's Deseret News reported on the lawsuit.

HHS Adopts Final "Conscience Rules" To Protect Health Care Providers

The Department of Health and Human Services published in today's Federal Register the final version of its "conscience rules" that protect health care providers who have moral or religious objections to performing or furnishing particular services. (HHS News Release.) The Federal Register release titled Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law provides that the new rules take effect January 20, 2009-- just before the change in administrations.

The new rules protect institutional health care providers as well as individual employees of HHS grant recipients. Certain health care providers must certify their compliance with the new regulations. The rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. Slightly different constraints apply to different categories of funding recipients. One provision prohibits entities that receive HHS research grants from discriminating in employment against employees who refuse to take part in the research on the ground that it "would be contrary to his religious beliefs or moral convictions, or because of the religious beliefs or moral convictions concerning such activities themselves." The rules also encourage providers to disclose clearly to their patients what services they do and do not provide.

Reporting on the new rules, today's Washington Post says that "officials at hospitals and clinics predicted the regulation will cause widespread disruptions...." The paper speculates that clashes over the new rules could become more intense if embryonic stem cell therapies expand. the rules were published for comment last August. (See prior posting.)

Texas Town Uses Christianity In School Football Program

The Sherman, Texas Herald Democrat reported Wednesday on the continued use of Christianity in the football program of the Celina, Texas public schools. At the end of a recent game, players from Celina and opponent Liberty Hill joined hands to recite the Lord's Prayer. Celina coach Butch Ford said: "Our goal (against Liberty Hill) was to play with the joy of the Lord in our heart so we'd play excited all of the time, and we wouldn't be down no matter what happened...." In 1999, Celina's prior coach defied a court order to lead a pre-game prayer. One of the Celina team's players said: "In our community we stress God and Jesus very, very much.... I've never lived anywhere else in my life, but people who move in say there's no other place like Celina."