Catholic Group Uses Obama's Story In Anti-Abortion Ad To Be Shown In Chicago; Humanists Use Obama In Secularism Ad

Zenit yesterday reported on a 30-second anti-abortion video (YouTube clip) titled "Imagine the Potential!" produced by CatholicVote.com (a project of Fidelis Center for Law and Policy). The video, to be aired during today's presidential Inauguration on Black Entertainment Television in Chicago:

begins with ultrasound image of an unborn baby. "This child's future is a broken home," the overlying text states, with music playing in the background. "He will be abandoned by his father. His single mother will struggle to raise him.""Despite the hardships he will endure," the text continues, as the music gets louder and is mixed with sounds of a cheering crowd, "this child ... will become ... the first African American president."Then showing a picture of Barack Obama, the text says: "Life: Imagine the potential."

Catholicvote.org's executive director Brian Burch said: "Our message is simple: Abortion is the enemy of hope."

In contrast, the American Humanist Association is running an ad featuring a picture of Obama in today's Washington Post. The ad reads: "President Obama: Living Proof that Family Values Without Religion Build Character. Yesterday's Examiner carries a photo of the ad.

Israeli Rabbinical Court Questions Years-Old Conversion of Famous Rabbi's Son

Yesterday's Jerusalem Post reports that in Israel, an ombudsman has opened an investigation into the behavior of a Rabbinical Court judge who retroactively called into question the conversion to Judaism of Yossi Fackenheim, son of the famous Canadian academic and Reform Rabbi, Emil Fackenheim. Emil Fackenheim was a Holocaust survivor. His wife did not convert to Judaism until after Yossi's birth. Yossi was converted at the age of two by an Orthodox Rabbinical court in Toronto.

Rabbi Yissachar Dov Hagar, a judge on Jerusalem's Rabbinical Court, ruled during proceedings to finalize the divorce of Yossi and his wife that there was no need for a Jewish divorce because Yossi's original conversion was invalid. Apparently his decision was based on the fact that Yossi did not maintain an Orthodox lifestyle after his conversion. Rabbi Hagar attended the court session dressed in a Hasidic long coat and fur hat, and complained about non-Jews being anti-Semitic when he learned that Yossi was a Shakespearean actor. At the request of Fackenheim'ss attorney, the judge did agree to issue his wife a Jewish divorce decree, but added language stating that Fackenheim was not Jewish. However the court Administration said no official decision was made on the status of Fackenheim's conversion. Fackenheim is considering filing an appeal with the High Rabbinic Court or Israel's Supreme Court, but is concerned about endangering the validity of the conversion of his siblings if he presses the point.

Likely Civil Rights Division Head Disclosed

Legal Times reported Friday that the likely nominee to head the Department of Justice Civil Rights Division in the Obama administration is Thomas Saenz, counsel to Los Angeles Mayor Antonio Villaraigosa. The likely nominee, a Yale Law School graduate, worked at the Mexican American Legal Defense and Educational Fund prior to joining Mayor Villaraigosa's administration. The Civil Rights Division enforces federal anti-discrimination statutes, including bans on religious discrimination.

Meanwhile the Justice Department has released a publication, The Accomplishments of the U.S. Department of Justice 2001-2009. It lauds its comprehensive initiative to protect religious freedom, and its creation of a new position of Special Counsel for Religious Discrimination. The Civil Rights Division prioritized investigation of bias crimes against Muslims, Sikhs, Arabs and South Asians, and developed a comprehensive program for enforcement of RLUIPA.

Lawsuit Says Village's Creation and Zoning Discriminate Against Hasidic Jews

Last week, a group of Hasidic Jews who own land now located in the New York village of South Blooming Grove filed an interesting religious discrimination suit alleging violations of the federal Fair Housing Act and the 14th Amendment's Equal Protection Clause. The Middletown (NY) Times Herald-Record reported Friday on the federal lawsuit that claims a separate village was initially created, and its zoning polices were pursued, to prevent the largely Hasidic Jewish community in neighboring Kiyas Joel from expanding to nearby land. The complaint (full text) in Berkovitz v. Village of South Blooming Grove, (SDNY, filed 1/12/2009), cites a two and one-half year moratorium on development projects. It also focuses on a proposed zoning ordinance that is allegedly aimed at preventing construction of affordable housing on large parcels of land. It would ban two-family duplexes and impose a conservation overlay on large parcels like a former bungalow colony and golf course owned by some of the developers. Plaintiffs in the case own 1400 acres, nearly half of the land in the village. [Thanks to J.J. Landa for the lead.]

White House Releases Publications on Its Accomplishments

On Saturday the White House released three publications setting out the accomplishments of George W. Bush's presidency: A Charge Kept: The Record of the Bush Presidency 2001-2009; Highlights of Accomplishments and Results of the Administration of George W. Bush; and 100 Things American May Not Know About the Bush Administration Record. They all include among the administration's accomplishments its Faith-Based and Community Initiative, and its advancement of "a culture of life." The White House also released a publication of Selected Speeches of President George W. Bush 2001-2008. Included, among many others, are Bush's speech announcing his Faith-Based and Community Initiative, a speech at the 2001 National Prayer Breakfast, Remarks at the Dedication of the Pope John Paul II Cultural Center, and Remarks on the Visit of His Holiness Pope Benedict XVI.

Recent Articles of Interest

From SSRN:

• Ian C. Bartrum, Of Historiography and Constitutional Principle: Jefferson's Reply to the Danbury Baptists, (Journal of Church and State, Vol. 51, Spring 2008).

From SmartCILP and elsewhere:

• Danielle Boaz, Religious Reparations from the Trans-Atlantic Slave Trade: Forming Demons, Cults, and Zombies to Justify Black Enslavement, 20 St. Thomas Law Review 604-621 (2008).
• Jose A. Lammoglia, Legal Aspects of Animal Sacrifice Within the Context of Afro-Caribbean Religions, 20 St. Thomas Law Review 710-720 (2008).
• Guadalupe T. Luna, Cultural, Ethnic, and Religious Fragmentation, 20 St. Thomas Law Review 622-641 (2008).
• Fundamental Rights in Light of Globalization and Privatization. Articles by Patrick Macklem, Susanna Mancini, Stephanie Palmer, Andras Sajo, Suzanne Last Stone, Frank I. Michelman and Dennis M. Davis. 6 I. Con: International Journal of Constitutional Law 531-711 (2008).
• Special Edition--Faith at the Schoolhouse Gate: Analyzing Religious Speech in Public Schools: Papers from the 2008 Annual Meeting of the American Association of Law Schools. Foreword by Josie F. Brown; articles by Emily Gold Waldman and Kenneth L. Marcus. 37 Journal of Law & Education 461-547 (2008).
• Eric D. Yordy, Fixing Free Exercise: A Compelling Need to Relieve the Current Burdens, 36 Hastings Constitutional Law Quarterly 191-215 (2009).

Australian Churches Back Removal of Child Abuse Limitation Statutes

In Australia, the Catholic and Uniting churches are both publicly giving at least qualified support to a proposal by Anglican Archbishop Phillip Aspinall for nation-wide removal of statutes of limitation on suits by child sex abuse victims against various institutions. According to today's Australian, Aspinall is leading a campaign urging Queensland's government to set a precedent for the country. Currently churches generally require churches to assert statute of limitations defenses in these suits. Those statutes in Australia generally require claims by those abused as minors to be filed by the time they turn 21.

Op-Ed Predicts Obama's Choice For D.C. Church

Among the decisions awaiting incoming President Barack Obama is choosing a D.C. church for himself and his family. Mark Tooley in the Wall Street Journal on Friday weighed in with some informed speculation. He says: "Presidential churches usually lie within one short mile of the White House, and have short, one-hour services. Typical black-church worship is longer." While discussing a number of options, Tooley says his guess is the New York Avenue Presbyterian Church where Obama's role model, Abraham Lincoln, worshiped. Lincoln's original pew is still there.

DC Anti-Abortion Chalk Art Protesters Get Preliminary Injunction

On Friday, a group of Christian activists filed suit in federal district court in Washington, DC seeking to prevent DC police from interfering with their planned chalk-art demonstration near the White House on January 24 to protest Barack Obama's support of abortion rights. (Christian Defense Coalition press release.) When they applied for a demonstration permit, police informed them that chalking would constitute illegal defacement of public property. (See prior posting.) The complaint (full text) in Mahoney v. District of Columbia, (D DC, filed 1/16/2009), alleges that police threats of criminal sanctions against them for engaging in their planned demonstration violates their First Amendment speech and religion rights, their religious exercise rights protected by the Religious Freedom Restoration Act, and violates the DC Police Standards Act of 2004 (DC Code Sec. 5-331.04). It appears from the record of the case on PACER that the court issued a preliminary injunction in the case, though no copy of it is yet available from court records.

Italian Buses Reject Atheist Advertising Campaign

In Genoa, Italy, an advertising agency has refused to sign a contract with an atheist group to display its advertising signs on city buses. Reuters today reports that the agency told the Italian Union of Atheists and Rationalist Agnostics that the ad violated its ethics in advertising code. The ads reading: "The bad news is that God doesn't exist. The good news is that you don't need him ," were to be placed on buses in Genoa, the home town of the head of the Italian Bishop's Conference. [Thanks to Scott Mange for the lead.]

UPDATE: In response to the campaign to display signs promoting atheism, a Catholic group, Christian Reformists, began its own ad campaign in Rome. It put up more than 5,000 posters around the city reading: "God exists, and even atheists know it." (International Herald Tribune, 1/19).

Non-FLDS Residents Seek Input In Court Reform of UEP Trust

Last week, both the Salt Lake Tribune and the Deseret News reported on another complication in the ongoing efforts by a Utah court to rewrite the terms of the United Effort Plan Trust originally set up by the FLDS church to hold almost all the property in the twin cities of Hildale, Utah and Colorado City, Arizona. As members of the FLDS Church are negotiating with Arizona and Utah attorneys general and the court-appointed special fiduciary, residents of the two cities who are not FLDS members are making their voices heard. Those involved are a mix of families that broke away from the FLDS church decades ago, as well as some who broke away more recently. The non-FLDS members organized a town hall style meeting on Friday to make their views heard. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Yates v. Painter, (3d Cir., Jan. 13, 2009), the U.S. 3rd Circuit Court of Appeals remanded a prisoner's RLUIPA and first amendment challenges in light of an intervening decision by the 3rd Cirucit defining "substantial burden" under RLUIPA. Basil Allah Yates claimed that prison officials confiscated Nation of Islam materials taht he is required to study as part of his religion.

In Hensley v. Kampshaefer, 2009 U.S. Dist. LEXIS 1478 (WD KY, Jan. 9, 2009), a Kentucky federal district court dismissed for failure to exhaust administrative remedies a prisoner's complaint that his Native American Ceremonial Religious properties were desecrated by being tossed on the cell floor and bunk during cell searches.

In Worthen v. Oklahoma Department of Corrections, 2009 U.S. Dist. LEXIS 1843 (WD OK, Jan. 12, 2008), an Oklahoma federal district court agreed with a magistrate's conclusion that a prisoner had not alleged a substantial burden on the exercise of his religion in his complaint that he was cut off from communication with fellow Unitarian-Universalist believers when he was denied access to email.

In Taylor v. Bruno, 2008 Conn. Super. LEXIS 3133 (CT Super., Nov. 25, 2008), a Connecticut trial court rejected a prisoner's request for a temporary injunction based on allegations that his free exercise and equal protection rights had been violated. Prison authorities had denied Taekwon Taylor access to oils, incense and parchment paper that he claimed were necessary to practice his religion of Santeria, and had denied his request to perform certain religious rituals outside.

Two European Countries Move Toward Choice In School Religion Classes

Two European countries are moving toward more choice in public schools on religious education. In Wales, schools must provide daily collective worship for all children, unless their parents withdraw them. Wales Online on Thursday reported that Assembly education minister Jane Hutt has ruled that students over 16 years of age can decide on their own to opt out of the assemblies.This brings Wales in conformity with the policy in England. [Thanks to Scott Mange for the lead.]

Meanwhile, Bloomberg reported Friday that in Germany a church-supported group has obtained enough signatures to call a referendum on a 2-year old state law that mandates ethics classes for all students beginning in seventh grade, but makes religious classes elective. The proposal by the group "Pro Reli" would allow parents and students to choose between either ethics or religion courses.

Opponents of Bolivia's New Constitution Focus On Religious Changes

On January 25, Bolivians vote on a proposed new constitution for the country. (BBC News.) The new constitution, according to a report last week by IPS, contains a bill of rights, and also eliminates the provision in the current Constitution that recognizes Catholicism as the country's official religion. Instead, Article 4 of the draft constitution guarantees freedom of religion and of spiritual beliefs and provides that the state is "independent from religion." The draft constitution also assures freedom for religious education and preserves existing arrangements on schools run by different faiths. While the Catholic Church remains neutral in the referendum, opponents of the new Constitution are using pro-Catholic appeals to urge voters to reject the document. A group called Iglesias Re Unidas is running ads proclaiming: "Choose God, Vote No." Podemos party member José Antonio Aruquipa says that opposition from religious leaders stems from President Morales' belligerent attitude toward the Catholic Church. [Thanks to Scott Mange for the lead.]

Muslim Ads On Broward County Buses Raise Protest

In Broward County, Florida, an advertising agency handles the sale of ad space on county buses. The Council on American-Islamic Relations (CAIR) has bought space on the outside of 50 buses for the message: "ISLAM: The Way of Life of Abraham, Moses, Jesus and Muhammad" along with a toll-free number for further information. Today's Miami Herald reports that Fort Lauderdale Mayor Jim Naugle agrees with a group of protesters who want the ads removed. In the county, where tensions are already high over events in Gaza, Jewish activist Joe Kaufman, chairman of a group called Americans Against Hate, charges that CAIR is connected to Hamas. He also says the ad is misleading because it suggest that Abraham, Jesus and Moses were Muslims. Once the contract for ads with CAIR expires near the end of this month, the Broward County Commission will meet to decide what, if any, religious messages will be permitted on county buses in the future.

Article Traces Change In Pattern of Inaugural Prayers

Beliefnet reprints a lengthy article from today's Wall Street Journal by Steven Waldman titled Why The Inaugural Prayers Have Become Less Inclusive Over Time. Waldman says:

The country has gone through, in effect, three phases. In the first, presidents used a religious-diversity model. From 1937, when the first inaugural prayer was offered, until 1985, the presidents (with one exception in 1981) had clergy of different faiths or denominations up on the podium....

Then in 1989 and 1993 we tried what might be called the "America's pastor" model. One man, the Rev. Billy Graham, offered both the invocation and benediction. He pulled it off by using broadly inclusive language....

Next came the Protestant-only model. In 1997, Mr. Graham was the only pastor at Bill Clinton's second inaugural, but this time he made it a fully Christian prayer, ending it "we pray in the name of the Father, the Son and the Holy Spirit." .... Barack Obama mostly seems focused on ideological rather than denominational diversity.

UPDATE: In Monday's Washington Times, Rev. Franklin Graham (son of Billy Graham) who gave the invocation at George W. Bush's 2001 inauguration adds his thoughts on the issue of inaugural prayer. Graham's 2001 invocation ended with a specifically Christian reference. He urges those on all sides of the issue to "calm down" about it.

Bureau of Prisons Proposes Rule on Chapel Libraries

Yesterday, the Federal Bureau of Prisons published a proposed rule change in the Federal Register (full text) that permits prison chapel libraries to exclude books, audiotapes and videos that "could incite, promote or otherwise suggest the commission of violence or other criminal activity." The proposed rule defines this as including material that advocates violence toward particular religious, racial or ethnic groups as well as material that urges overthrow or destruction of the United States. In 2007, the Bureau of Prisons came under significant criticism for its Chapel Library Project which attempted to draw up lists of acceptable religious books for prison chapel libraries. (See prior posting.) Responding to this, Congress included Sec. 214 in the Second Chance Act of 2007, which provides:

Not later than 30 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall discontinue the Standardized Chapel Library project, or any other project by whatever designation that seeks to compile, list, or otherwise restrict prisoners’ access to reading materials, audiotapes, videotapes, or any other materials made available in a chapel library, except that the Bureau of Prisons may restrict access to—(1) any materials in a chapel library that seek to incite, promote or otherwise suggest the commission of violence or criminal activity; and (2) any other materials prohibited by any other law or regulation.

[Thanks to Michael Lieberman for the lead.]

Non-Profit Victim of Madoff Fraud May Need To Repay Fictitious Earnings

Disclosures this week from the non-profit women's Zionist organization, Hadassah, raise interesting questions about the application of New York's Fraudulent Conveyance Act and the federal Bankruptcy Code's fraudulent conveyance provisions to charities that were victims of the Bernie Madoff Ponzi scheme. Jerusalem Post reports that Hadassah announced on Wednesday that it had invested $90 million with Madoff. New York Jewish Week expanded on the announcement, revealing that over the last 20 years Hadassah has withdrawn $130 million from its Madoff accounts, and suggests that under New York law Hadassah may be required to pay back some of these amounts to a Madoff trustee in bankruptcy.

New York's Debtor and Creditor Law, Section 276, provides that any conveyance of property by someone such as Madoff made with actual intent to defraud creditors is a fraudulent conveyance. Also the federal Bankruptcy Code permits a trustee to avoid any fraudulent transfer (11 USC Sec. 548). Cases such as Bear, Stearns Secs. Corp. v. Gredd (In re Manhattan Inv. Fund Ltd.), 397 B.R. 1 (SD NY, 2007)[LEXIS link] hold that there is a presumption that a Ponzi scheme involves actual intent to defraud creditors. Even if Hadassah's withdrawals were the receipt of funds through fraudulent conveyances by Madoff, courts will need to determine how far back they can go in ordering repayments to a bankruptcy trustee or receiver. (See NY Civil Prac. Law & Rules Sec. 213 and 11 USC Sec. 548).

Suits Filed To Challenge HHS Conscience Rules

Today's Washington Post reports that three separate lawsuits were filed yesterday in federal district court in Connecticut challenging the "conscience rules" recently promulgated by the Department of Health and Human Services. (See prior posting.) The rules, which protect health care providers who have moral or religious objections to performing or furnishing particular services, are scheduled to take effect January 20, the day Barack Obama comes into office. One suit was filed by Planned Parenthood (Press release). A second was filed by the ACLU on behalf of the National Family Planning & Reproductive Health Association. The third was filed by a group of seven states, led by Connecticut Attorney General Richard Blumenthal, who issued a press release discussing the challenge. Blumenthal's suit challenges the regulations as being inconsistent with the Administrative Procedure Act and the Constitution's spending clause. It also says that the regulation infringes a woman's constitutionally protected right to be free from government interference with access to contraception and other reproductive health services. Finally the suit argues that the rules require states to surrender their sovereign police powers. [Thanks to Alliance Alert for the lead.]

President Proclaims January 18 As Sanctity of Human Life Day

Yesterday President Bush issued a Proclamation (full text) declaring January 18 as National Sanctity of Human Life Day 2009. The Proclamation says in part:

All human life is a gift from our Creator that is sacred, unique, and worthy of protection. On National Sanctity of Human Life Day, our country recognizes that each person, including every person waiting to be born, has a special place and purpose in this world....

The most basic duty of government is to protect the life of the innocent. My Administration has been committed to building a culture of life by vigorously promoting adoption and parental notification laws, opposing Federal funding for abortions overseas, encouraging teen abstinence, and funding crisis pregnancy programs....

America is a caring Nation, and our values should guide us as we harness the gifts of science. In our zeal for new treatments and cures, we must never abandon our fundamental morals. We can achieve the great breakthroughs we all seek with reverence for the gift of life..... We ... encourage more of our fellow Americans to join our just and noble cause.