Huge Mass In Spain Opposes Government's Social Reforms

Reflecting its opposition to social reforms enacted and proposed by Spain's Socialist government, the Catholic Church yesterday held an open-air Mass in Madrid attended by hundreds of thousands. AFP reports that Pope Benedict XVI addressed the crowd from the Vatican on large screens set up in Plaza Colon. The Pope urged families not to allow distortion of family life, and the Archbishop of Madrid attacked the "cruelty"of abortion. Since 2004, the Spanish government has legalized same-sex marriage and created quicker divorce procedures. It is proposing a new law to offer greater protections to women who wish to obtain abortions and to their doctors.

Orissa Will Investigate Charges of False Scheduled Caste Certificates

In the Kandhamal district of the Indian state of Orissa, the government has agreed to investigate charges that at least two politicians have used false Scheduled Caste certificates to obtain governmental positions. (See prior related posting.) In India, members of Scheduled Castes (formerly known as "untouchables") obtain various preferences. According to Zee News yesterday, opponents charge that Radhakant Nayak , now a member of India's upper house of Parliament, entered the civil service in the 1960's by using a false certificate. Nayak is head of a local chapter of the Christian charity, World Vision. Critics also charge that Sugrib Singh, a member of the lower house of India's Parliament, became a Parliament member by means of a false certificate. Under current Indian law, a Hindu member of a Scheduled Caste loses that status if he or she converts to Christianity. (See prior posting.) Members of Scheduled Tribes, however, do not lose their status through religious conversion.

Meanwhile, an article today in Religious Intelligence reviews the history of anti-Christian violence in Orissia over the last ten years.

UPDATE: The Hindu reports on Tuesday that the government of Orissa is attempting to deal with broader objections regarding false caste certificates by proposing to eliminate the term "kui" from the list of tribals. Many speak the kui language who were not tribals. Tribals can convert religion and keep tribal status. The proposal will be considered by the state level Tribal Advisory Committee on Jan. 19.

Connecticut Minister Disputes Interpretation of Tax Exemption Statute

Is church property subject to taxation if the church stops using it for religious services? The Colchester, Connecticut tax assessor says the answer to that is "yes" under Connecticut law. However, Rev. Susan Nikirk disagrees. Yesterday's Norwich (CT) Bulletin reports that Rev. Nikirk reluctantly paid over $3500 in taxes, but threatened to sue after the property tax exemption for the former Vine Training and Worship Center was revoked. The property has now been sold. The issue turns on the interpretation of Connecticut General Statutes, Chap. 203, Secs. 12-81 and 12-88.

Maryland Court Says Denial of New Sign Does Not Subtantially Burden Church

In Trinity Assembly of God of Baltimore City, Inc. v. People's Counsel for Baltimore County, (MD Ct. App., Dec. 24, 2008), the Court of Appeals of Maryland in a 48-page opinion rejected a church's RLUIPA challenge to a decision of the Baltimore County Zoning Board of Appeals. The county refused to grant a variance to a Towson (MD) church that wanted to put up a 250 square foot sign facing the Beltway. Rejecting Trinity church's appeal, the court held that neither the Sign Law nor the zoning denial imposed a substantial burden on the church's religious exercise.

Recent Prisoner Free Exercise Cases

In Shaw v. Norman, 2008 U.S. Dist. LEXIS 102744 (ED TX, Dec. 19, 2008), a Texas federal magistrate judge refused to grant summary judgment for defendants and permitted an inmate to move forward with his 1st Amendment an RLUPA challenges to confiscation of his property by prison authorities. Plaintiff's prayer rug was taken because he did not have property papers for it; his Koran was taken because he had altered it with tape; and his prayer beads were taken because he was wearing them around his neck.

In Moore v. McCracken County, 2008 U.S. Dist. LEXIS 102786 (WD KY, Dec. 19, 2008), a Kentucky federal district court dismissed a free exercise claim by a Muslim prisoner who complained about the delay he suffered in being given access to a diet consistent with his religious beliefs. The court held that plaintiff had not shown that he was inadequately nourished during the two months before he was placed on the list of prisoners to receive a no-pork diet.

In Rhodes v. Alameida, 2008 U.S. Dist. LEXIS 103335 (ED CA, Dec. 12, 2008) involved objections by a Native American prisoner that certain of his religious artifacts were destroyed by prison officials. A California federal magistrate judge refused to grant summary judgment to defendants, finding that they had not demonstrated a legitimate governmental interest in the prison policy that calls for destruction of disallowed property of inmates who have not paid to have the property mailed to a family member or friend. (See prior related posting.)

Top 10 Church-State/ Free Exercise Stories of 2008

Again this year, I am publishing my nominations for the 2008 Top Ten Developments in Church-State Separation/ Free-Exercise of Religion. There were many potential nominees, so I invite your comments on these choices. I have focused not just on the attention which particular stories received, but also on the long-range implications of the developments selected. Religion Clause has posted numerous items on these developments over the past year. Links are to selections of the coverage:

1. Barack Obama reaches out to faith groups in the campaign and renounces his own pastor's statements.

2. The Mormon Church (Church of Jesus Christ of Latter Day Saints) gains widespread national attention after Mitt Romney seeks Republican nomination and LDS members are active in opposing California's Proposition 8.

3. Christians see increasing clash between religious freedom and push for both same-sex marriage and sexual orientation non-discrimination.

4. Regulations focus on clash between patient rights and conscience rights for pharmacists and health care workers.

5. Texas child protective services agency conducts high profile raid on compound of polygamous FLDS Church and takes children into temporary state custody.

6. IRS rules on church involvement in political campaigns increasingly invoked and challenged.

7. Church-state and free speech challenges to religious-themed license plates reach courts.

8. Turkey's ruling party challenged in Constitutional Court over secularism disputes.

9. 9th Circuit interprets RFRA in Navajo Nation v. U.S. Forest Service.

10. Massive Bernard Madoff fraud decimates numerous Jewish non-profits and philanthropists.

You may find it interesting to compare my picks with those of the Religious Newswriters Association and of Time Magazine.

New Regulations Ban Religious Proselytizing of Military Recruits

Today's Virginian-Pilot reports that the Military Entrance Processing Command has issued new regulations to prevent religious proselytizing of recruits at its Military Entrance Processing Stations. The new regulations were issued after complaints that some ministries were targeting the centers-- where recruits get their physicals and are sworn in-- in an effort to identify themselves with the military. For example, one group handed out khaki covered copies of the New Testament. The new regulations still permit religious literature and publications produced by outside parties to be made available at processing stations, but the centers cannot show favoritism to any particular faith or group. No publications that create the impression of government endorsement or sponsorship are permitted. Also no proselytizing, preaching or spiritual counseling by outside parties will be permitted.

Islamic Revival In Bosnia Threatens Secularism

Today's New York Times says that Bosnia's secularism is being tested by an Islamic revival in the country. Some parents have complained after Muslim education was recently introduced in state-financed kindergartens. In predominately Muslim Sarajevo, many streets have been renamed for Muslim heroes. New madrasas have been built in recent years and political parties identifying with Muslim interests are popular. Still, a recent survey concluded that 60% of Bosnian Muslims still favor keeping religion a private matter.

Times Analyzes Madoff's Victimization of Jewish Philantropists and Charities

Today's New York Times carries an interesting analysis of the Jewish charities and philanthropists that were victims of the Bernard Madoff fraudulent Ponzi scheme. (See prior posting.) Titled Trust and Exploitation in a Close-Knit World, the article points out that the Jewish victims were all part of the Modern Orthodox community. It remarked: "[T]he conspicuous fact remains that no institutions explicitly, or even implicitly, affiliated with Reform, Conservative or Reconstructionist Judaism had investments with Mr. Madoff."

The article suggests that Madoff, who himself was not Orthodox, earned entree through J. Ezra Merkin of Ascot Partners. The synagogues, schools, institutions and individuals that were defrauded, it says, "are bound by religious praxis, social connection, philanthropic causes. Yet what may be the community’s greatest virtue — its thick mesh of personal relations, its abundance of social capital — appears to have been the very trait that Mr. Madoff exploited."

Ohio Mayor Reluctantly Changes Christmas Sign

Christmas has passed, but controversies of Christmas displays have not. Today's Elyria (OH) Chronicle-Telegram reports that Avon Lake, Ohio's mayor has changed the message he put up Dec. 15 on the display board outside city hall. It read: "Remember Christ is in Christmas." After two members of City Council and the city law director agreed with Americans United that the sign was inappropriate, Mayor Karl Zuber reluctantly took down everything except the word "Remember." Zuber said: "I think the government was founded on Christian principles, and I'm a firm believer in those principles.... I don’t think the message was establishing a church for our nation." Zuber says that next week, the sign will probably be changed to read: "Happy New Year."

Bahrain Wil Donate Land For New Catholic Church

Responding to a request from Pope Benedict XVI, the government of Bahrain will donate land for the building of a new Catholic Church in the country. Gulf News today reports that the existing Sacred Heart Catholic Church was built in 1939-- the first in an Arabian Gulf country.

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.