Episcopalian Schism Continues To Generate Litigation

Litigation involving break-away Episcopal congregations continues. In Milwaukee (WI), Episcopal Bishop Steven A. Miller says the Diocese will sue to retain the property of St. Edmund's Episcopal Church. Last month, the parish voted overwhelming to leave The Episcopal Church and affiliate with the more conservative Convocation of North American Anglicans. (Virtue Online, 1/8). St. Edmonds sent a strongly worded letter to Bishop Miller announcing their decision.

Meanwhile, according to Virtue Online (1/10), in Binghamton, NY a state trial court has ruled that the property of Church of the Good Shepherd belongs to the Episcopal Church, and not to the parish that broke away when the Diocese began to approve same-sex marriage. Yesterday's Modesto (CA) Bee analyzes why schisms in the Presbyterian Church have been less litigious than those among Episcopalians.

Disciples of Christ Minister Will Deliver Sermon At National Prayer Service

A national prayer service is scheduled to be held at the National Cathedral on Jan. 21, the day after the presidential inauguration. Today's New York Times reports that president-elect Barack Obama has selected Sharon E. Watkins, president and general minister of the comparatively small, liberal-leaning, Christian Church (Disciples of Christ) denomination to deliver the sermon at the service. Watkins came to Obama's attention when she delivered an inclusive closing prayer at a meeting he held during the campaign with a diverse group of clergy.

UPDATE: AP reported on Jan. 14 on other participants scheduled to deliver prayers at the National Cathedral national prayer service: (1) Ingrid Mattson, the first woman president of the Islamic Society of North America; (2) rabbis representing the three major branches of American Judaism-- Reform Rabbi David Saperstein, Conservative Rabbi Jerome Epstein and Orthodox Rabbi Haskel Lookstein; and (3) Roman Catholic archbishop of Washington, the Most Rev. Donald Wuerl. Also Obama will follow the tradition of many presidents-elect and will attend a service at St. John's Church in Washington's Lafayette Square before the inauguration ceremony. St. John's is known as the "Church of the Presidents." The Washington Post (1/14) reviews the tradition of all presidents since Franklin Roosevelt (except Richard Nixon) attending a service at somewhere in D.C. on inauguration day morning.

French Cities Reportedly Finance Mosques Indirectly

Islamist Watch blog yesterday reported that mayors in French cities are indirectly subsidizing mosques by granting long term emphyteutic leases at low, or even nominal, rents to provide land on which the mosques will be constructed. Two of the leases have been the subject of litigation, with mixed results. Other mayors subsidize the cultural activities at mosques. A recent report says that 30% of funding for mosques comes from public treasuries, even though France has a strong secularist tradition.

Recent Prisoner Free Exercise Cases

In Gladson v. Iowa Department of Corrections, (8th Cir., Jan. 8, 2009), the U.S. 8th Circuit Court of Appeals held that no substantial burden was placed on religious practices of Wicca prisoners when they were given only three hours to celebrate the Wiccan Samhain holiday. The Iowa Independent reported on the decision.

In Ventura v. Felts, 2008 U.S. Dist. LEXIS 104741 (ND TX, Dec. 30, 2008), a Texas federal district court accepted a magistrate's recommendation to dismiss as frivolous a prisoner's claim that his free exercise rights were violated because he was denied access to a sweat lodge.

In Ekdahl v. Ayers, 2008 U.S. Dist. LEXIS 104884 (ND CA, Dec. 12, 2008), a prisoner sought federal habeas corpus relief, challenging on various grounds state authorities' denial of his request for parole. One of his claims was that his free exercise rights were violated when he was required to attend Alcoholics Anonymous. The court concluded that the state court was reasonable in concluding that the prisoner had alternative self-help programs available to him.

In Martin v. Roche, 2009 U.S. Dist. LEXIS 111 (CD CA, Jan. 5, 2009), a California federal magistrate judge dismissed for a second time a Muslim prisoner's claim that his free exercise rights were violated when he was denied a Quran, a towel to use as a prayer rug and food meeting his religious dietary requirements. He continued to fail to allege various elements to show a valid claim. The court also dismissed his equal protection claim growing out denial of food meeting his religious needs, but with leave to file an amended complaint as to this count.

In Jones v. Blanas, 2008 U.S. Dist. LEXIS 105930 (ED CA, Dec. 30, 2008), a California federal magistrate judge recommended that a civil detainee be permitted to proceed with his free exercise claim. Plaintiff alleged that while in administrative segregation he was not permitted to attend Christian religioius services and Bible study groups.

In Kanda v. McAnelly, 2008 U.S. Dist. LEXIS 106033 (ED CA, Dec. 24, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim because he had failed to allege a substantial burden on his religious practice when he was denied the right to go to chapel once and was served meat on four separate occasions.

India's Supreme Court Criticizes Orissa For Failing To Protect Christians

Religion News Service reports on a warning against religious violence issued by a 3-judge panel of India's Supreme Court last Monday. After a hearing on a petition by a Catholic archbishop who is asking for protection of his followers from retaliatory violence they have been experiencing, the Court said that it will not "tolerate persecution of religious minorities." It added that if the state government cannot protect Christians, "then quit office." Last October, at an earlier hearing, the Supreme Court said paramilitary forces should protect the churches and the churches should be compensated for damages.

Neighbors Challenge Plans For 77-Foot Cross At Prayer Garden

Today's San Antonio (TX) Express reports on a pending Texas state court case in which neighbors are attempting to prevent The Coming King Foundation from placing a 77-foot tall cross in their Kerrville, Texas subdivision. The cross is part of a planned prayer garden, most of which will be located on 20 acres adjoining the Mesa Vista subdivision. Neighbors say that subdivision deeds limit lots to residential use. The Foundation's attorney argues that the deed restrictions are invalid because the 12-lot subdivision plot was not approved by county commissioners. Last month, a judge granted a temporary restraining order against taking further steps to prepare the land for installation of the cross. On Monday, a state court judge ordered the parties to mediation. Meanwhile, the Foundation's attorney is attempting to get the city to remove the Foundation's one lot from the Mesa Vista subdivision and merge it with the Foundation's 20 acres next door as a separate one-lot subdivision.

British Employment Tribunal Upholds Wrongful Dismissal Claim of Counsellor

In Britain, Bristol's Employment Tribunal handed down a decision on Wednesday that upheld a "wrongful dismissal" claim brought by a former church elder against the non-profit counselling service, Relate. However the Tribunal rejected his religious discrimination and "unfair dismissal" claims. This Is Bristol reported Thursday on the case in which counsellor Gary McFarlane told his supervisor at Relate that he could not give gay couples intimate sexual advice, because his religious views taught him that homosexual activity was contrary to Biblical teachings. However, McFarlane was willing to provide relational counselling that focused more on emotional issues. McFarlane was suspended in October 2007 but reinstated in January 2008 after he agreed to follow the charity's equal opportunities policy. When he returned, fellow employees called him homophobic and pressed for his dismissal, which came in March 2008.

Kazakh President Sends Religion Law for Constitutional Review

Forum 18 reported Friday that in Kazakhstan, instead of signing a new Religion Law, President Nursultan Nazarbaev has sent it to the country's Constitutional Council for review. The Council has a month to rule on whether the law complies with the Constitution, which prohibits religious discrimination (Art. 14) and guarantees freedom of conscience (Art. 22). The law has been criticized by human rights advocates as repressive. (See prior related posting.)

Court Says Records of Religious Leaders' Visits To White House Must Be Released

The federal government has lost another installment (see prior postings 1, 2) in the attempt by a public interest group to obtain records confirming visits to the White House, and to Vice President Dick Cheney's residence, by nine prominent conservative Christian leaders. The records were sought to show the influence of religious leaders on Bush administration policies. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, Jan. 9, 2009), a D.C. federal district court held that the presidential communications privilege does not cover disclosure under the Freedom of Information Act of the mere identities, and date and time of visits, of persons seen by the President and Vice President. The privilege only covers communications they may have made. In a second part of its opinion, the court rejected plaintiff's challenge to recent practices by the Secret Service in retaining certain security-related records of visitors, but upheld a number of plaintiff's claim as to earlier practices. Friday's Public Record reported on the decision.

Defendants File Answers In Newdow Challenge To Inauguration Ceremony

Defendants yesterday filed responses in Newdow v. Roberts, (D DC), the pending federal district court challenge to two aspects of the upcoming Presidential Inauguration ceremony-- the planned prayers and the use of "so help me God" in the oath. (See prior posting.) One of the filings (full text) in opposition to the requested preliminary injunction was made on behalf of the federal officials who are defendants, while the second (full text) is on behalf of the Presidential Inauguration Committee (PIC). Both responses argue that plaintiffs lack standing. The federal defendants also set out extensive arguments on the merits while PIC and its executive director argue that PIC is not a governmental entity and so is not subject to constraints of the First Amendment or RFRA. In addition, CNN reported yesterday that an affidavit filed in the case confirms that Barack Obama has requested that the phrase "so help me God" be added to the constitutionally prescribed oath to be administered by the Chief Justice. [Thanks to Scott Mange for the lead.]

UPDATE: The Jan. 13 Legal Times recounts the experience of process server Daniel Portnoy in serving Chief Justice Roberts a summons in the case. The service at Roberts home went smoothly. Portnoy says the Chief Justice was "definitely a gentleman."

UPDATE2: Here is the amicus brief in the case filed on Jan. 14 by the American Center for Law and Justice in support of permitting inaugural prayer.

Tajikistan Supreme Court Bans Salafi Islam Movement

Radio Free Europe reported yesterday that the Supreme Court of Tajikistan has banned Salafi, a branch of the Sunni Islamic movement, from operating in the country. A Supreme Court spokesman said: "In order to prevent national, racial, and religious conflicts and damage to the nation's reputation and honor, Tajikistan's Supreme Court, as of January 8, 2009, bans the Salafi religious movement's activities in the country as an illegal group." Salafis do not recognise Shi'ites or Sufis. Some suspect that Western nations have funded the Salafis in Tajikistan because of the Salafis' anti-Iranian stance. Most Tajiks follow Hanafi, a more moderate branch of Sunni Islam than Salafi. The Institute for Religion and Public Policy issued a press release condemning the ban.

State AG's File Amicus Brief Opposing Newdow's Challenge To Inauguration Ceremony

Led by Texas Attorney General Greg Abbot (press release), the attorneys general of all 50 states and the Virgin Islands have filed an amicus brief (full text) in support of prayer and the use of "so help me God" in the oath at Barack Obama's upcoming inauguration. The suit on behalf of 40 individuals and organizations, including activist Michael Newdow, was filed last week in federal district court in the District of Columbia. (See prior posting.) A hearing is scheduled for next week. (See prior posting.) The brief argues:

Prayers and oaths invoking God have been incorporated into public inaugural ceremonies throughout our Nation's history and at every level of government. Plaintiffs have not presented a single legal precedent holding unconstitutional such historical customs and practices.

It also cites authority in 26 states incorporating the phrase "so help me God" (or similar phrase) into oaths of office for state officials.

American Jewish Congress Hit Hard By Madoff Fraud

One of the nation's most important voices on church-state issues, the American Jewish Congress, has been hard hit by the Bernard Madoff fraud according to a report yesterday by the Forward. Some $21 million of the organization's $24 million endowment was invested with Madoff. Endowment funds accounted for about 25% of AJCongress' annual budget of $6.2 million. Marc Stern, the organization's acting co-executive director, called the losses "a serious blow", but "not fatal." One of the first cuts is likely to be the group's monthly magazine, Congress Monthly. (See prior related posting.)

Richard John Neuhaus, Leading Catholic Thinker, Dies

New York Catholic priest, Richard John Neuhaus, died yesterday at the age of 72. The National Catholic Reporter says that Neuhaus was known as an intellectual spokesman for the "religious right." Originally ordained as a Lutheran minister, Neuhaus converted to Catholicism in 1990. According to NCR:

From the early 1970s forward, Neuhaus was a key architect of two alliances with profound consequences for American politics, both of which overcame histories of mutual antagonism: one between conservative Catholics and Protestant Evangelicals, and the other between free market neo-conservatives and “faith and values” social conservatives.

Among the books written by Fr. Neuhaus were The Naked Public Square: Religion and Democracy in America (1997); Appointment in Rome: The Church in America Awakening (1998); and Doing Well & Doing Good: The Challenge to the Christian Capitalist (1992).

Mississippi Bill Would Require Disclaimer Stickers In Biology Textbooks

As state legislatures reconvene, anti-evolution bills again begin to be introduced. On Tuesday, Mississippi state representative Gary Chism introduced into Mississippi's legislature HB 25 (full text), a bill that would require the State Board of Education to place stickers with disclaimers in every textbook that includes material on evolution. The lengthy required disclaimer includes the statement: "No one was present when life first appeared on earth. Therefore, any statement about life's origins should be considered a theory." The disclaimer ends with the admonition: "Study hard and keep an open mind." [Thanks to Tony's Curricublog via Scott Mange.]

Kerala India Commission To Propose Several Religious Reforms

In India, the Law Reforms Commission of the state of Kerala is scheduled to issue a controversial report to the government on January 24. India Today and IANS this week preview recommendations that will impact Muslims, Catholics and Hindus. The Commission, headed by former Supreme Court Judge V.R. Krishna Iyer, will recommend a ban on the Muslim practice polygamy, except in extraordinary circumstances and only with permission of the first wife. The report will urge that all assets of Catholic churches be held in public trusts of individual dioceses. And the report will urge that non-Brahmins be eligible for appointment as Hindu priests.

Settlement Bars Louisiana From Making Unrestricted Grants To Churches

AP reported yesterday that the state of Louisiana has agreed to settle a lawsuit brought against it by the ACLU challenging appropriations in the 2007 state budget bill for two churches, with no restrictions on the churches' use of the funds. (Similar appropriations to six other churches had also been approved.) In August 2007, a federal district court issued a preliminary injunction barring the state from disbursing the appropriated funds. (See prior posting.) Under the agreed-upon settlement, the state will no longer grant unrestricted funds to churches.

Christian Groups Seek To Ban Imposition of Fairness Doctrine On Broadcasters

The Christian Coalition of America has begun an online petition campaign to prevent the FCC under Democratic leadership from again imposing the "Fairness Doctrine" on radio broadcasters. (Press release(Jan. 8)). The group argues that a return of the requirement that equal time be given on the air to opposing views on controversial issues would have the effect of ending conservative talk radio shows such as those of Rush Limbaugh, Sean Hannity and Bill O'Reilly. A CBN report yesterday says: "Some Republicans feel that at a time when Christianity has become controversial, a revived Fairness Doctrine could be used to press Christian stations to air anti-Christian views." Three bills have already been introduced in the new Congress to prohibit the FCC from reinstating the fairness requirement: S. 34, S. 62 and H.R. 226.

New Bangladesh Prime Minister Wants Return To Secularism

Bangladesh's new Prime Minister, Sheikh Hasina, says that she will move to restore the country's first constitution, framed in 1972, in order to return the country to the principle of secularism. LiveMint.com reported yesterday that since a 1975 coup, Bangladesh has experienced a rise in religious militancy as religion-based parties entered politics. IANS yesterday quotes Law, Justice and Parliamentary Affairs Minister Shafique Ahmed who also says that the government will restore the basic principles of the 1972 Constitution which focused on the principles of nationalism, democracy, secularism and socialism. Ahmed says he seeks a return of democracy, human rights and the rule of law.

Title VII Claim Against Orthodox Jewish Organization Dismissed

In Wechsler v. Orthodox Union, 2008 U.S. Dist. LEXIS 105780 (SD NY, Jan. 5, 2009), a New York federal district court dismissed a Title VII religious discrimination and retaliation complaint brought against the Orthodox Union. The court held that Section 702 of the 1964 Civil Rights Act (42 USC Sec. 2000e-1) exempts religious organizations from religious discrimination claims under the Act. The Orthodox Union is an Orthodox Jewish organization that, among other things, operates a kosher certification agency. Plaintiff was employed by the OU as a mashgiach (kosher inspector) at a New York restaurant and apparently was fired based on his religious observance. The court rejected plaintiff's argument that applying the exemption in Sec. 702 to this case would violate the Establishment Clause and held that the OU's denial of religious discrimination does not take the case out of the exemption.