NY Approves Hebrew Charter School As Group Forms To Promote Them Elsewhere

On Tuesday, the full New York Board of Regents approved an application for creation of the Hebrew Language Academy Charter School. The publicly-funded charter school, to open in Brooklyn, will teach Hebrew language and Jewish culture. (See prior posting.) Yesterday's Forward reports that millionaire Michael Steinhardt, who strongly backs the school, has created a group called Areivim that seeks to obtain funding of $100 million from a group of wealthy philanthropists. The group will offer grants and expertise to local groups around the country that are considering creating similar charter schools.

A posting by Richard Kahlenberg on Taking Note blog takes issue with the promotion of ethnic charter schools. He says: "Americans once had two institutions that served as glue in our diverse population – the military (for males) and the public schools. Once the military went to an all-volunteer force, we lost that source of cohesion. We would be wrong to forfeit it among public charter schools as well."

Prof Urges Bet Din Should Examine Part of the Madoff Fraud

An op-ed published yesterday in the Forward urges that one of the principals in the Madoff financial fraud be brought before a Jewish religious court (bet din). Villanova law professor Chaim Saiman suggests that actions by Ezra Merkin, the feeder fund manager who was responsible for large amounts of money from Jewish non-profits being directed to Madoff, should be examined under Halacha (Jewish law). Saiman writes: "Halacha’s explicit religious terminology ... vocalizes the underlying sense of communal betrayal that lies at the bottom of this case."

UPDATE: This morning's New York Times reports that New York Attorney General Andrew Cuomo has issued subpoenas in an investigation into whether Ezra Merkin defrauded universities and charities by investing their funds with Bernard Madoff.

Korean Panel Says Military Objectors' Deaths Were From State Brutality

The Hankyoreh reports today that in South Korea, a Presidential Commission on Suspicious Deaths in the Military has concluded that the deaths of five Jehovah's Witness conscientious objectors in the 1970's and 1980's resulted from "beatings and acts of brutality committed against them by military officials." The officials were attempting to coerce the forcibly-conscripted objectors into participating in drills and carrying firearms in violation of their conscience or religion. Some of the objectors died from the beatings. Others committed suicide because of the violence against them. The Commission concluded that the beatings "were unconstitutional, anti-human rights acts that infringed severely upon the freedom of conscience (religion) guaranteed in the Constitution." The verdict means that surviving family members can request damages from the state.

Injunction Denied In Newdow's Challenge To Inaugural Oath and Prayers

The Washington Post reports that this afternoon federal district judge Reggie B. Walton denied a temporary injunction in Newdow v. Roberts. The decision allows Barack Obama's swearing-in to include use of "so help me God" in the oath administered by Chief Justice John Roberts. The decision also refuses to prevent clergy from delivering an invocation and benediction at the inaugural ceremony. (See prior related postings 1, 2, 3.)

UPDATE: Christianity Today reports that in denying the injunction, Judge Walton said he thought it questionable whether he had authority to issue such an injunction. Walton equated inaugural prayers with legislative prayer that Supreme Court precedent has permitted. While denying the preliminary injunction, the court did not dismiss the case.

Ministerial Exception Leads To Dismissal of Charity's Claim Against Bishop

In Community Economic Development, Inc. v. Cote, 2008 Conn. Super. LEXIS 3112 (CT Super., Dec. 1, 2008), a Connecticut state trial court applied the "ministerial exception" to dismiss a claim against the Catholic bishop of Norwalk (CT) by a charity devoted to raising for the poor in Tanzania. The charity, Buguruka Orphans and Community Economic Development, Inc. (BOCED), alleged tortious interference with business relationships and defamation stemming from charges by the bishop that there were financial irregularities in BOCED. The bishop issued a canonical order prohibiting the Father Justinian, the priest at St. Bernard's parish, from raising funds from the congregation on behalf of BOCED. Ultimately the priest was removed as vicar. The court agreed with defendant that the claims in the case are inextricably intertwined with the dismissal of Father Justinian (whose employment claims had already been dismissed under the ministerial exception) and adjudication of this case would impermissibly entangle the court in resolving ecclesiastical matters. (See prior related posting.)

Proponents Press NYC Council on Nativity Scenes In Schools

While it is a long time until next Christmas, in New York City a battle over the display of nativity scenes in public schools is back on the political front burner. Yesterday both the New York Times and Gothamist report that City Councilman Tony Avella plans to ask the full City Council to vote within the next few weeks on the issue. Yesterday the question was debated by Council's Education Committee. (New York Times). Currently, the policy of the city's Department of Education permits display of Christmas trees, menorahs and the star and crescent. School officials see these as secular symbols, but they view nativity scenes as purely religious. In 2006, the Second Circuit Court of Appeals upheld the Department of Education's policy against an Establishment Clause attack. (See prior posting.) Avella proposed a similar resolution in 2007 calling on the Department of Education to amend its holiday display policy (full text). Council member Simcha Felder strongly opposes Avella's resolution, and says that he would prefer that all religious symbols be removed.

New Jersey Governor Signs Bill Permitting Adjustment of Election Dates

On Monday, New Jersey Gov. Jon S. Corzine signed into law ACS 3186, a bill that permits the dates of municipal elections and school board elections to be adjusted to avoid conflicts with religious holidays. The bill applies to an an election if it "coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers." A press release by Assembly Democrats says the bill was introduced after an Edison (NJ) school bond vote coincided with the Jewish holiday of Rosh Hashanah. [Thanks to Joel Katz for the lead.]

Arkansas Authorities Still Seeking Children From Tony Alamo Ministries

As previously reported, after federal authorities raided the Arkansas compound of Tony Alamo Ministries, Arkansas human services officials began to take a number of children of Alamo's followers into custody. AP reported yesterday that court orders have been issued to take up to 100 children into protective custody, but that Alamo followers have routinely moved the children to churches in other states to evade Arkansas authorities. So far 36 children have been taken into custody, and the father of one of these children has been jailed for contempt when he refused to disclose the location of his other two children. Alamo is charged with taking girls across state lines for purposes of sex. He denies the charges, saying he has acted legally, but does believe that females should be married at puberty to avoid living in sin.

Meanwhile, according to yesterday's Conway (AR) Cabin, Miller County (AR) Circuit Judge Joe Griffin placed a gag order on developments at a custody hearing for 23 children taken from the Ministry. The order was issued after the media gained access to videotapes of interviews of some of the children who had been taken into custody. Alamo Ministries has posted transcripts of September interviews with four girls.

Afghan Newspaper Editor Charged With Blasphemy

AFP reported yesterday that in Afghanistan, the editor of a small Kabul newspaper, Payman Daily, was arrested Tuesday on blasphemy charges. A a council of Islamic clerics and a government media disciplinary commission found that an article the newspaper published was "an insult to Islam." The article, not written by the newspaper staff but was taken from an Afghan website, argued that no religion-- including Islam-- was divinely revealed. The paper, even before the editor's arrest, had apologized for publishing the article. Punishment for blasphemy can range from a reprimand to the death penalty.

Suit Challenges NC Parks Permit Rule

On Monday, Liberty Counsel announced that it is filing a federal lawsuit against the North Carolina Division of Parks and Recreation challenging the constitutionality of its rule that requires a permit for any meeting, exhibition, ceremony, or speech in a state park. The suit grows out of an incident in which several members of Grace Baptist Church of Wilson (NC) who were picnicking at Fort Macon State Park were told they needed a permit when they shared their religious beliefs with other park visitors. Park officials interpret their rule to require a permit no matter how small the group is that is conducting a meeting or delivering a speech. Liberty Counsel's Matthew Staver said the park rule would even require a permit for a single individual to speak to another person in the park.

Court Rejects RFRA Defense To Endangered Species Indictment

An opinion has just become available on LEXIS in an interesting RFRA case decided some nine months ago. In United States v. Adeyemo, 2008 U.S. Dist. LEXIS 106330 (ND CA, April 8, 2008), a Nigerian adherent of a Santeria-Catholic tradition, who visits the United States regularly to sell handicraft items, was indicted for violating the Endangered Species Act. A customs inspector discovered that Moses Adeyemo was importing Yoruba wall hangings that are made partly of leopard skins. Defendant moved for dismissal of the indictment under the Religious Freedom Restoration Act.

The court held that it need not conduct the evidentiary hearing that would be required to decide the sincerity of defendant's religious beliefs, or the burden imposed, because dismissal of the indictment would be unavailable in any event. The court found that the "Government has met its burden under RFRA of demonstrating that the current permitting system for leopard skins, which includes no religious exemption, is the least restrictive means of furthering its compelling interest of conserving and protecting the endangered northern African leopard."

President Declares January 16 As Religious Freedom Day

Yesterday President Bush issued a Proclamation (full text) declaring January 16 as Religious Freedom Day. The day marks the anniversary of the passage of the Virginia Statute for Religious Freedom on that date in 1786. The Proclamation says in part:

The United States also stands with religious dissidents and believers from around the globe who practice their faith peacefully. Freedom is not a grant of government or a right for Americans alone; it is the birthright of every man, woman, and child throughout the world. No human freedom is more fundamental than the right to worship in accordance with one's conscience.

New Louisiana Guidelines Implement Science Education Act

A committee of Louisiana's Board of Elementary and Secondary Education (BESE) yesterday voted 10-0 to adopt new science guidelines, according to KATC News. The guidelines implement the Louisiana Science Education Act passed last June. The statute allows teachers to use supplemental materials, so long as they do not promote or discriminate against religion. (See prior posting.) The new BESE guidelines do not contain a specific ban on teaching creationism or intelligent design. However they do bar supplemental materials used by teachers from promoting of any religious doctrine and require that the information be "scientifically sound and supported by empirical evidence." Approval of the guidelines by the full Board is a foregone conclusion since the committee's unanimous vote included ten of BESE's eleven members.

Non-Theist Groups Urge Obama To Reject Honorary Presidency of Boy Scouts

Nineteen atheist and humanist groups yesterday sent a letter to President-elect Barack Obama urging him to oppose discrimination against atheists, agnostics, humanists, and other nontheists by declining the title of Honorary President of the Boy Scouts of America. The letter, released in a press release from American Atheists and other groups, says that "The BSA has acted vigorously in recent years to expel atheist and agnostic members and employees." [Thanks to Scott Mange for the lead.]

Dentist Settles EEOC Suit Charging Him With Imposing Scientology On Employees

Today's Chicago Tribune reports that Chicago dentist James L. Orrington has settled a religious discrimination lawsuit brought against him by the EEOC. The agency charged that he required his employees "to engage in Scientology religious practices and learn about Scientology as conditions of their employment." Orrington was also charged with making inappropriate sexual comments to 18 female employees. In the consent decree filed in U.S. district court, Orrington agreed to pay damages totalling $462,500 and consented to an injunction against further sexual and religious discrimination. (See prior related posting.)

Kyrgyzstan President Signs Controversial New Religion Law

Kyrgyzstan President Kurmanbek Bakiyev on Monday signed a repressive new Religion Law according to reports by the Press Association and by Forum 18. The law streamlines government control over religion by banning private religious schools and providing for teaching of religion in public schools. In order to register as a religious group, organizations will need 200 members, instead of the current 10. It bans children being involved in religious organizations. It also prohibits distribution of various kinds of religious material as well as aggressive proselytizing. Human rights groups say that the new law violates international human rights standards. Members of the US Congressional Commission on Security and Cooperation in Europe wrote Bakiyev last week objecting to the new law. However, according to the Press Association report: "Kyrgyzstan's main denominations, the Spiritual Administration of Muslims and the Russian Orthodox Church, have backed the changes, which are seen as a government attempt to dispel concern about the influence of foreign evangelical Christians and fear of radical Islamic groups."

In Israel, Religion-State Issues In Focus On IDF Soldiers

In Israel, concern about soldiers, particularly those going into combat in Gaza, have resulted in some unusual religion and state questions. The Jerusalem Post reported last week that a unit of the Israeli Defense Force's Rabbinate has prepared 10,000 MP3 files with recorded sermons of encouragement from the country's leading rabbis for distribution to combat soldiers, regardless of the soldiers' religious beliefs. Some critics say the move is a theologizing of warfare. This is part of a trend for the IDF Rabbinate to take over activities normally carried out by the army's Education Division. (See prior related posting.)

The Jerusalem Post also reported last week that in Israel, the secular political party Meretz charged Shas (a religious party) with violations of election laws that prohibit distributing physical gifts or blessings, such as amulets. Shas handed out thousands of flyers carrying pictures of deceased Sephardi rabbinic sages along with a blessing for the soldiers and the Shas logo. Parliamentary elections will be held shortly in Israel. Meretz plans to file a complaint with the Central Election Committee. In the 1996 election, the Central Elections Committee ordered Shas to stop distributing prayers and candles with images of rabbis during the election campaign. (Further background.) [Thanks to Religion and State in Israel for the lead.]

Suit Say HHS Allowed Catholic Agency To Illegally Restrict Use of Human Trafficking Grants

The ACLU of Massachusetts announced yesterday that it has filed a federal lawsuit against the U.S. Department of Health and Human Services alleging that HHS has permitted the U.S. Conference of Catholic Bishops to restrict the use of grant monies given to it under the federal Trafficking Victims Protection Act. On religious grounds, USCCB prohibits its sub-grantees from providing or referring victims of human trafficking for contraceptive or abortion services. The complaint (full text) in ACLU of Massachusetts v. Leavitt, (D MA, filed 1/12/2009), seeks a declaratory judgment that HHS's actions violate the Establishment Clause and asks for a permanent injunction ensuring that the TVPA grant to USCCB is implemented without the imposition of religiously based restrictions. Reporting on the lawsuit, AP yesterday indicates that USCCB has received $6 million in grants under the Act since 2006. [Thanks to Scott Mange for the lead.]

Westboro Baptist Church Files Challenge To Missouri City's Funeral Picketing Law

Last week, Shirley Phelps-Roper, daughter of the founder of the Westboro Baptist Church, filed a lawsuit in a Missouri federal district court challenging the constitutionality of a St. Joseph, Missouri ordinance that bans picketing "in front of or about" a church, cemetery or funeral home within one hour on either side of a funeral ceremony. Westboro Baptist Church members are known for picketing funerals of Iraq and Afghanistan war veterans, carrying signs proclaiming that war deaths are divine punishment for U.S. tolerance of homosexuality. The St. Joseph (MO) News-Press, reporting on the case, says that the ordinance was enacted after Westboro members picketed an Iraq veteran's funeral in 2005. The complaint (full text) in Phelps-Roper v. City of St. Joseph, Missouri, (WD MO, filed 1/7/2009), alleges that the St. Joseph ordinance violates the speech, association and free exercise protections of the First amendment.

The complaint reveals an interesting police tactic used by St. Joseph police in 2006. They lined up to block Westboro demonstrators' view of a funeral procession in order to prevent the demonstration from violating the ordinance.

The filing of this lawsuit came just as the U.S. 8th Circuit Court of Appeals in Phelps-Roper v. Nixon, (8th Cir., Jan. 7, 2009) denied an en banc rehearing in a case that granted a preliminary injunction prohibiting enforcement of the Missouri state funeral picketing law against Westboro Baptist Church members. (See prior related posting.) [Thanks to Steven Sheinberg for the lead.]

NY Regents Committee Approves Hebrew Language Charter School

The New York Times reports that a committee of the New York State Board of Regents voted 8-1 yesterday to approve creation of a state-funded Hebrew Language Academy Charter School in Brooklyn. The school will open with a kindergarten and 1st grade class and will eventually expand through the eighth grade in a school district that includes many Jewish immigrants from Russia and Israel. However the district is predominately black, Hispanic and Asian. The full Board of Regents votes on the proposal today and is expected to approve it. Proponents of the school have worked hard to stay within church-state separation guidelines. They are negotiating with a non-Jewish dual-language expert to serve as principal. The school is backed by philanthropist Michael Steinhart who, in recent years, has given large sums to programs aimed at building Jewish identity in young people.