Navy Says Messianic Jewish Chaplains Must Wear Cross As Lapel Insignia

Jews in Green reported last week that Vice Admiral M. E. Ferguson, head of the Navy's Uniform Board, has followed the lead of the Army and Air Force and ruled that Messianic Jewish chaplains must wear the Christian Cross, rather than the Jewish Ten Commandment Tablets, as lapel insignia. According to the Messianic Daily News, the Nov. 26 ruling by the Navy resulted in Messianic Jewish chaplain Michael Hiles refusing to enroll in the Navy Chaplain School. The ruling is characterized rather differently by competing sides. Jews in Green applauds it as a way to prevent Messianic chaplains from misidentifying themselves to unsuspecting Jewish service members. The Messianic Daily News calls the decision one that "essentially bars Messianic Jews from serving as chaplains ... because it would require them to wear an insignia inconsistent with their faith and belief system." [Thanks to God and Country blog for the lead.]

Tony Alamo Says Civil Suit Requires Court To Decide Religious Issues

Today's Arkansas Democrat Gazette reports that on Nov. 25, two former members of the Tony Alamo Christian Ministries filed a federal court lawsuit against Alamo charging that as teenagers they were beaten and subjected to abuse by the church. On Tuesday Alamo's lawyers filed a Motion to Dismiss or Strike References to Religion (full text), objecting to various of the charges that they say will involve the court in deciding theological matters. They claim that some of the alleged beatings were in fact spankings of unruly children that are authorized by the Bible and were consented to by the children's parents. They say that withholding of food is justified by references to fasting throughout the Bible. Alamo's marrying of young girls, that allegedly caused distress to plaintiffs, attorneys argue also follows examples in the Bible. In September, Alamo was arrested on federal charges. (See prior posting.)

UPDATE: AP on Tuesday reported plaintiffs' response, arguing against Alamo's free exercise defenses.

Defamation Suit Against Greek Orthodox Church Dismissed

In Martinos v Greek Orthodox Archdioceses of America, (NY S.Ct., Dec. 16, 2008), a New York trial court dismissed a defamation action brought by the former parish council president of a Greek Orthodox congregation against the archdiocese, the church, its priest and a parish council past president. At issue was a letter to church officials and a flyer distributed to the congregation regarding charges of financial irregularities in use of parish funds that had been leveled against George Martinos. The court found that the information disseminated-- that allegations had been made, that Martinos had resigned as parish council president and that the bishop had banned him from parish positions-- were true. The court also held that the sending of the letter to its initial recipients was covered by a qualified privilege and that plaintiff failed to allege that these defendants were involved in its broader distribution or in distribution of the flyer. Finally, the court added that it "is troublesome" that the church never gave Martinos (wo is now deceased) the opportunity to try to clear his name. The court added that while it is not in a position to order it, "it would seem just for the church to permit [Martinos'] estate such an opportunity."

Fired Employees Sue Over Scientology-Based Business Model

A religious discrimination lawsuit filed in California state court last month is beginning to attract attention around the blogosphere, such as this Dec. 20 posting by Scott Pilutik. The complaint (full text) in Godelman v. Diskeeper Corp., (L.A. Super. Ct., filed Nov. 5, 2008) alleges religious discrimination in violation of California's employment discrimination laws. Plaintiffs, who were fired by Diskeeper, claim that the business was operated under the "Hubbard Management System" which is "a thinly-veiled cover for the Scientology religion and its teachings." Employees were required to attend training courses that were essentially courses in Scientology. Plaintiffs seek damages, reinstatement and an injunction prohibiting the company from forcing any employee to study, adopt or apply the the Hubbard system.

In an unusual procedural move, defendants responded on Dec. 10 with a Motion to Strike the portions of plaintiffs' complaint that seek reinstatement and injunctive relief (full text of Motion and Memorandum in Support.) The memorandum argues that plaintiffs' injunction request seeks to shut down a company's entire business model on religious grounds. Defendants urge: "To the extent that the Hubbard Management System is inherently religious in nature, Mr. Jensen's choice to use it to conduct his business is protected by the First Amendment and the California Constitution." [Thanks to Dispatches from the Culture Wars for the lead.]

Disputed Reports Say Gaza Has Adopted Sharia Criminal Law

Yesterday's Arutz Sheva quotes reports apparently originating with the London-based Saudi-owned newspaper Al-Hayat saying that the Palestinian Authority in Gaza has enacted a new law adopting the traditional Sharia criminal code. The reports say the new law adopts penalties such as lashes, amputation of thieves' hands, crucifixion, approval of blood revenge, and execution. It provides that only the victim of a crime can allow something other than penalties prescribed by the Qur'an. Crimes such as the consuming or producing of alcoholic beverages are punishable by lashes and have no specific victim who can pardon the offender. The new law provides the death penalty for various actions that aid enemies or injure Palestinian interests on behalf of enemies. Palestinian Authority legislators in Gaza, however, deny reports that they have adopted Islamic law, saying there has been no official statement confirming the report.

Christmas Is Legal Holiday For First Time This Year In Iraq

For Iraqis, Christmas was different this year. According to the AP yesterday, for the first time the Iraqi government has declared Christmas an official holiday. The Orlando Christianity Examiner on Tuesday reported that in a small Baghdad park, Iraq's Interior Ministry hosted the country's first-ever legal public Christmas celebration. Most of those attending were not Christian, but Interior Ministry spokesman Major-General Abdul Karim Khalaf said warmly: "All Iraqis are Christian today!"

President Marks Christmas In Statement, Radio Address and Phone Calls To Military

On Tuesday, the White House released President Bush's formal Christmas Message for 2008 (full text). He said in part:

During this season, we remember Jesus' birth from the Virgin Mary, His justice and mercy that changed the world, and His ultimate sacrifice for all people. Though Jesus was born humbly in a manger, He was destined to be the Savior of the world. The light He brought into the world continues to break through darkness and change people's lives two thousand years later.

This holiday season, as you rejoice in the good news of Jesus' love, forgiveness, acceptance, and peace, I encourage you to show grace to those less fortunate, just as God showed it to us. By serving those in need and through other acts of love and compassion, we can honor God's goodness and affirm the immeasurable value God places on the sanctity of life. We remember the members of our Armed Forces serving to protect our country and secure God's gift of freedom for others around the globe. All Americans are indebted to these men and women and their families for their sacrifice, devotion to duty, and patriotism.

The President's radio address on Tuesday (full text) focused on the armed forces at Christmas time. He recalled the "miracle [that] took place on Christmas night, 1776" when George Washington led troops across the Delaware River in a successful attack on the British.

On the morning of Christmas eve, the President telephoned nine "exemplary members of the Armed Forces who are stationed in remote locations worldwide to wish them a Merry Christmas and Happy New Year and to thank them for their service to our Nation." (White House release.)

President-elect Barack Obama also released his Holiday Radio Address this week (full text and video), saying: "This season of giving should also be a time to renew a sense of common purpose and shared citizenship."

Court Issues Finely-Tuned Ruling In Ordering Surgery For Amish Boy

In St. Lawrence County, New York, a family court judge has issued a finely-tuned ruling in the case of a 20-month old Amish boy, Eli Hershberger, who likely will die if he does not receive surgery to repair a hole in his heart. His parents' religious beliefs preclude them from consenting to the surgery. According to yesterday's Watertown Daily Times, Family Court Judge Barbara R. Potter ruled that while the boy's parents give him affection and provide for his basic needs, they have neglected him medically. That neglect finding permitted the court to order the surgery without the boy's parents needing to sign a consent form. Parents Gideon and Barbara Hershberger, however, will not lose custody of Eli and no criminal charges will be brought against the parents. The Family Court could subsequently dismiss the case if the parents comply with specified conditions, including taking Eli to all medical checkups and providing doctors with his medical information.

Queen Elizabeth To Give Christmas Message; Channel 4 Has Controversial Alternative

In Britain, Queen Elizabeth II's Christmas message will be broadcast Thursday afternoon (British time). A video of the speech is available from the YouTube Channel of the British Monarchy. The Guardian yesterday previewed her remarks. A history of the Royal Christmas Broadcast, which began in 1932, and transcripts of a number of the earlier addresses, are also available from the Monarchy's website.

Meanwhile, as reported yesterday by the New York Times, by AFP, and by the Times of London, Britain's Channel 4 continues with the tradition it began in 1993 of broadcasting a high-profile alternative Christmas greeting. In past years, it has been delivered by the likes of Jesse Jackson, Brigitte Bardot and cartoon character Marge Simpson. In a highly controversial move, this year Channel 4 is broadcasting a Christmas message from Iranian President Mahmoud Ahmadinejad. The full text of Ahmadinejad's message is already on Channel 4's website. Many in Britain, as well as Israel's ambassador in London, have criticized Channel 4's decision. Channel 4 says it is "offering viewers an insight into an alternative world view." In a departure from past timing, this year's alternative greetings will be broadcast several hours after the Queen's to avoid any implication of equivalence.

Rubashkin Bail Denied Again; Court Says Law of Return Not Important Factor

In United Sates v. Rubashkin, (ND IA, Dec. 22, 2008), an Iowa federal magistrate judge denied a motion for reconsideration of an order for pre-trial detention of defendant Sholom Rubashkin, former CEO of an Iowa kosher meat packing plant that was shut down after a large-scale immigration raid earlier this year. Rubashkin argued that the original denial of bail involved religious discrimination because the magistrate judge indicated as one reason for denial the risk of flight to Israel where the Law of Return would permit Rubashkin to obtain citizenship. (See prior posting.) In denying reconsideration, the magistrate judge said:

Much of Defendant's argument is directed to the Court's reference to Israel's Law of Return. Defendant attaches too much significance to that single reference. At the time of the hearing, Mr. Weiss made it clear that if Defendant attempted to seek refuge in Israel, he would be subject to extradition.... and the Court accepted his representation.

Yesterday's Jerusalem Post reported on the decision. JTA reported yesterday that the Anti-Defamation League has written to U.S. Attorney General Michael Mukasey urging him to ensure that Israel's Law of Return is not used to deny bail to Jewish defendants.

President Sends Kwanzaa Greetings

On Wednesday, the White House released President Bush's 2008 Message for Kwanzaa (full text). He said in part: "As people across our country gather to commemorate this seven-day celebration, may we all be reminded that Kwanzaa is an opportunity to celebrate the many contributions of our African American citizens."

8th Circuit Denies Review of Religious Discrimination Judgment on Procedural Grounds

In EEOC v. Southwestern Bell Telephone, LP, (8th Cir., Dec. 19, 2008), the U.S. 8th Circuit Court of Appeals dismissed on procedural grounds an appeal by AT&T of a Title VII religious discrimination judgment against it obtained by the Equal Employment Opportunity Commission on behalf of two former Jehovah's Witness employees. AT&T refused to allow the two employees to take a vacation day to attend their annual religious convention. The employees were fired when they took the time off anyway. AT&T claimed that the employees did not hold a sincere religious belief requiring attendance at the conference and that they failed to mitigate damages. While AT&T had filed a motion for judgment as a matter of law under FRCP 50(a) before the case went to the jury, it failed to renew the motion through a Rule 50(b) motion after the verdict was rendered. (See prior related posting.)

Times Analyzes Appeal of Islamic Movements To Jordanian Youth

In another of its extended series of articles on the lives of youth in the Muslim world, today's New York Times profiles the increasing attractiveness of Islam to university students in Jordan. It says:

Today, the search for identity in the Middle East no longer involves tension between the secular and religious. Religion has won. The struggle, instead, is over how to define an Islamic society and government.

The Muslim Brotherhood is legal in Jordan, with a political party and a network of social services. The government permits it to operate, but the security services still control election outcomes. Some youth think the Brotherhood is too extreme while others criticize it for working within an un-Islamic political system. The article suggests that authoritarian governments see moderate Islamic movements as more of a threat than extremist ones. However, it argues:

The long-term implications of this are likely to complicate American foreign policy calculations, making it more costly to continue supporting governments that do not let secular or moderate religious political movements take root.

Other articles in the Generation Faithful series remain available online.

AALS Section Publishes Law and Religion Bibliogrpahy

The Association of American Law Schools Section on Law and Religion has issued its December 2008 Newsletter containing a 40-page bibliography of books and articles on law and religion published during the past year. It also contains a listing of blogs dealing with law and religion.

Obama Will Use Same Bible As Lincoln For Swearing-In

The Obama Presidential Inaugural Committee announced yesterday that president-elect Barack Obama will be sworn in on the Bible used by Abraham Lincoln at his 1861 inauguration. The velvet-bound Lincoln Bible was made available by the Library of Congress for the ceremony. Photos and more on the history of the Bible are included as part of the announcement. The oath of office will be administered to Obama by U.S. Supreme Court Chief Justice John G. Roberts, Jr.. The oath of office will be administered to vice-president elect Joseph Biden by U.S. Supreme Court Associate Justice John Paul Stevens. (Full schedule via the Washington Post.)

Texas Issues Report On Raid of FLDS Ranch

On Monday, the Texas Department of Family and Protective Services (DFPS) issued a 21-page report (full text) defending its highly publicized April raid of the polygamous FLDS Church's Yearning For Zion Ranch. It said that

12 girls are confirmed victims of sexual abuse and neglect because they were married at ages ranging from 12 to 15. There were 43 girls removed from the ranch from the ages of 12 to 17 – which means that more than one out of every four pubescent girls on the ranch was in an underage marriage. 262 other children were subjected to neglect because parents failed to remove their child from a situation in which the child would be exposed to sexual abuse committed against another child within their families or households.

Cases involving 424 children have been nonsuited. Lawsuits are pending in the cases of 5 mothers and their 15 children. The state has conservatorship of two girls, one of whom is with her mother. DFPS summarized its role:

In these cases, DFPS’s sole purpose was to protect the children, reunite them with their families when the children’s safety could be reasonably assured, and give those families better tools to protect their children from abuse or neglect in the future.

Yesterday's Dallas Morning News covers the DFPS report. (See prior related posting.)

Planned Anti-Abortion Protest At Inaugural Parade Hits Snags

The Christian Defense Coalition is planning a series of anti-abortion rallies and demonstrations during the Presidential inauguration. The Birmingham Letter Project website sets out the schedule and related information. In a letter (full text) sent to federal authorities last Tuesday, organizers requested a meeting with officials to work out the logistics of a demonstration scheduled during the inaugural parade. A press release from the group yesterday explains that they plan to display photos along the Inaugural Parade route depicting the development of a child from conception until birth. The National Park Service apparently is likely to issue a demonstration permit, but says it is unable to assure organizers that they will have access to the requested sidewalk locations. Four years ago, the group had a permit, but parade watchers had taken over their assigned area. Organizers this time have asked for early screened access so they will not be pre-empted by others. It is not clear whether this request will be granted.

Indiana City Rejects Prayer Box Proposal

Rensselaer, Indiana's City Council yesterday reluctantly voted down a proposal by local ministers to install a "prayer box" in the City Hall reception area. JC Online reports that the mayor and council members personally favored the idea, but were concerned about church-state issues it raised. The box-- like those already in private businesses-- would have allowed individuals to leave anonymous notes with requests for prayers of support or praise. The notes would be collected periodically and taken to local churches where the requested prayers would be offered.

Does Employment Accommodation Include Saying Merry Christmas?

How far does the obligation extend under employment discrimination laws to reasonably accommodate an employee's religious beliefs? A release yesterday by Liberty Counsel publicizing a case in Panama City, Florida raises the issue. Officials at Counts Oakes Resort Properties, a property management company, instructed employees to answer phones this month with the greeting "Happy Holidays." Tonia Thomas objected on the ground that her religious beliefs prevented her from contributing to the secularization of Christmas. She requested an accommodation to permit her to either say "Merry Christmas" or continue answering phones in the same way as they are answered all year. Her employer refused and ultimately fired her for insubordination. Thomas has filed a complaint with the EEOC.

Preliminary Injunction Allows Religious Sign To Remain Near US Highway

In Burritt v. New York State Department of Transportation, (ND NY, Dec. 18, 2008), a New York federal district court issued a preliminary injunction preventing the state of New York from enforcing its regulations relating to highway signs against a businessman who displayed a large religious sign on his property adjacent to US Route 11 in northern New York. Daniel Burritt believes he has a religious duty to communicate the Gospel of Jesus in all aspects of his life, including his business. At issue was a sign displaying a religious message placed on the side of a semi-trailer parked on Burritt's property.

Under the New York regulations, a sign on the premises of a business identifying the business can be displayed without a permit even adjacent to a highway, but a special permit is needed where the sign visible from the highway carries a different message. In enjoining enforcement while litigation on a permanent injunction is pending, the court said in part:

The State has not demonstrated a compelling interest for the Sign Laws' restriction on "off-premises" signs.... Plaintiff's trailer sign is apparently adjudged an "illegal sign" not because of its location on his property or its dimensions, but because of its content. It seems that a sign containing the same physical characteristics as Plaintiff's trailer sign but announcing the name of his business, "Acts II Construction, Inc.: Building Bridges for Jesus," would be allowed under the regulations. The Court cannot see how aesthetics and traffic safety are protected by a sign that displays the name of business, but are jeopardized by a sign of the same size and location that contains a religious message.... [T]he regulations are not narrowly tailored to achieve the ends that the regulations are intended to achieve.

Alliance Defense Fund yesterday issued a release discussing the decision, including a photo of the disputed sign. (See prior related posting.)

UPDATE: In March 2009, ADF announced that "a favorable settlement with the New York Department of Transportation" that permits the sign to remain.