Pope Says Church Tribunals Are Too Lenient In Annulments

CNS reports that in a speech yesterday to the Roman Rota, Pope Benedict XVI criticized the increasing leniency with which annulments are granted by Church tribunals. The Rota mainly handles appeals in annulment cases. Pope Benedict argued that tribunals are too ready to grant annulments on the ground of "immaturity or psychic weakness." He said that granting an annulment because a spouse lacked the psychological capacity to assume the obligations of marriage requires a tribunal to document that the spouse suffered from a serious psychological or psychiatric problem at the time of the wedding ceremony.

Group Says Proposal on Columbaria Violates Establishment Clause

Americans United announced Wednesday that it has written to the Berkeley, California City Council to object to a pending ordinance relating to storage of cremated human remains. (Full text of letter.) Currently Berkeley totally prohibits graveyards within the city limits. A proposal from the city's Planning Commission would allow religious groups with dedicated meeting space to use part of that space to store urns containing cremated human remains. AU says that by limiting the ability of secular groups to similarly create columbaria, the proposed ordinance would violate the Establishment Clause.

Italian City Bus Will Carry Toned-Down Atheist Ad

After earlier this month rejecting an advertising campaign that an atheist group wished to run on Genoa, Italy buses (see prior posting), an advertising agency has now approved a toned-down display. ANSA reported yesterday that the new ad will read: "The Good News Is There Are Millions of Atheists In Italy; The Excellent News Is They Believe In Freedom Of Expression." The ad will be carried on the outside of one Genoa bus for about two weeks in February. [Thanks to Scott Mange for the lead.]

Grand Jury Could Charge Mail or Wire Fraud In L.A. Clergy Sex Abuse Cover-Up

The Los Angeles Times reported today that the U.S. Attorney's Office in Los Angeles has begun a grand jury investigation into the responses by Cardinal Roger M. Mahony, and possibly other top Catholic Church officials, to reports of sexual abuse by priests. In an innovative use of the federal mail and wire fraud statutes, the government is apparently attempting to show that in failing to remove accused priests and notify authorities of charges against them, Mahony deprived parishioners of "the intangible right of honest services." 18 USC Sec. 1346 defines such deprivations as fraudulent under the mail and wire fraud provisions. This provision has been used, for example, to charge public officials who have taken kickbacks, but it apparently has never before been used against clergy. Meanwhile Mahony's attorney says that the Cardinal is not a target of the grand jury investigation.

Obama's Choice For White House Faith-Based Office Reported

The New York Times reported yesterday that Barack Obama intends to appoint Joshua DuBois as head of his Council for Faith-Based and Neighborhood Partnerships. CFBNP is the successor to the Bush administration's Office of Faith-Based and Community Initiatives. CFBNP will not only oversee grants to faith-based and community groups, but will also seek other ways to involve them is solving social problems. DuBois is a 26-year old Pentecostal pastor who handled religious outreach for the Obama campaign. Last summer, the Wall Street Journal profiled DuBois. (See prior related posting.)

Insurgents Declare Islamic Law In Somalian City

BBC News reported Tuesday that in Somalia, Al-Shabab militants have declared Sharia (Islamic) law in Baidoa a day after they seized control of the city. Baidoa has been the seat of Somalia's Transitional Federal Government. The Islamist advance came as Ethiopian troops pulled out, two years after intervening to stop the Islamist militants. Sheikh Muktar Robow Mansoor told a rally in Baidoa on Tuesday: "We are informing Somalis we will not accept any man-made constitution. We will not accept it. We shall fight with anyone who opposes it." [Thanks to Institute on Religion & Public Policy for the lead.]

Pennsylvania Good News Club Flyer Case Settled

On Tuesday, Alliance Defense Fund announced the settlement of a lawsuit challenging a Pennsylvania school district's policies that have prevented the Good News Club from sending flyers home with students promoting after-school religious meetings. (See prior posting.) The Notice of Voluntary Dismissal in Child Evangelism Fellowship of Pennsylvania, Inc. v. School District of Haverford Township, Pennsylvania, (ED PA, Jan. 27, 2009), says: "As a result of ... settlement discussions ... Defendants have agreed to treat Plaintiffs on an equal basis with all other community groups." Defendants also will pay Plaintiffs' attorney's fees.

Views of New Russian Patriarch Explored

Media articles are beginning to report on the views of the newly-elected Russian Orthodox Church's Patriarch Kirill who will be formally installed Sunday. (See prior posting.) Voice of America points out that Kirill was formerly head of the Church's foreign relations department. Over the years he has defended the Church's relations with government, saying that the Church is separate from the state apparatus. However traditionally the Russian Foreign Ministry represents the interests of the Church abroad. US News & World Report says:

In Russia, Kirill is seen as a politically savvy figure who may seek a more muscular role for the church, which has served the state for much of its 1,000-year history.... Kirill will face opposition from a strong conservative movement within the church that sees him as too modern and too eager for a rapprochement with Catholics.

Saudis Arrest Blogger Who Is Christian Human Rights Advocate

Compass Direct News yesterday reported on the January 13 arrest in Saudi Arabia of blogger Hamoud Bin Saleh who had written extensively on his blog about Saudi violations of human rights and about his reasons for converting from Islam to Christianity. He has been arrested twice before by Saudi officials.

Stimulus Bill Includes Funds for Faith-Based Initiative

Among the many items in the proposed economic stimulus bill, HR 1, The American Recovery and Reinvestment Act of 2009, is a provision for funding of $100 million for grants to faith-based organization through the Compassion Capital Fund [at pg. 141 of bill]. Half of the amount would become available October 1, 2009. A proposed amendment by Rep. Susan Davis of California would increase the total appropriation to $500 million. According to the Department of Health and Human Services, the purpose of Compassion Capital Fund grants is "to expand and strengthen the role of faith-based and community organizations in their ability to provide social services to low-income communities."

California Court Holds Lutheran High School Not Covered By Unruh Act

In Doe v. California Lutheran High School Association, (Cal. App., Jan. 26, 2009), a California state appellate court held that a private religious high school is not a "business enterprise" and therefore is not subject to the Unruh Civil Rights Act. The case involves a sexual orientation discrimination claim brought by two students who were expelled from California Lutheran High School in Wildomar (CA) because of their homosexual relationship. The relationship violated the school's Christian Conduct rule. In concluding that the school is not covered by the state's anti-discrimination law, the court relied on an earlier California Supreme Court decision holding that the Boy Scouts is not a business enterprise covered by the statute. The court also rejected plaintiffs' right to privacy, false imprisonment and unfair business practices claims. Yesterday's Los Angeles Metropolitan News-Enterprise reported on the decision. (See prior related posting.)

11th Circuit Denies En Banc Review In Pledge Recital Case

On Monday, the U.S. 11th Circuit Court of Appeals, over one dissent, refused to grant en banc review in Frazier v. Alexandre, (11th Cir., Jan. 26, 2009). In the case, a 3-judge panel upheld the constitutionality of a Florida statute requiring schools to excuse a student from reciting the Pledge of Allegiance upon written request of the student's parent, regardless of the student's desires. The panel held that the legislature can act to enforce a parent's right to control the upbringing of his or her children. (See prior posting.) Dissenting from the refusal to reconsider the decision, Judge Barkette argued: "holding that the State of Florida can compel students to recite the Pledge of Allegiance in violation of their personal beliefs directly contravenes precedent that has been firmly entrenched for over 65 years ... [T]he State ... lacks the capacity to delegate to parents the power to compel this speech." Yesterday's Fulton County (GA) Daily Report discusses the court's denial of review.

Orthodox Jewish Group's Public Policy Staffer Has Obama Connections

A JTA article yesterday profiles Nathan Diament, Director of the Institute for Public Affairs of the Union of Orthodox Jewish Congregations of America, and Diament's connections to President Barack Obama. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. During the Presidential campaign, Diament advised all the candidates, including Obama, on outreach to the Jewish community. A supporter of Presisdent Bush's faith-based initiative and frequent visitor to the Bush White House, Diament seems equally welcome by the Obama administration. He was one of a small number to attend Obama's private prayer service at St. John's Episcopal Church the morning of Inauguration Day.

Good News Club Sues Georgia School District For Equal Access

Liberty Counsel announced yesterday that it has filed a lawsuit on behalf of the Good News Clubs against the Cobb County, Georgia School District. The lawsuit charges that the school district has engaged in illegal viewpoint discrimination by imposing higher fees for the organization to use school facilities after school than is charged to secular groups. The lawsuit also claims discrimination in access times. Secular groups are permitted to meet immediately after school, while the Good News Club cannot meet until 5:45 p.m. This significantly reduces student attendance.

Rubashkin Released On Bail

Yesterday's Des Moines (IA) Register reports that federal Chief District Judge Linda Reade has ruled that Agriprocessors Inc. meatpacking executive Sholom Rubashkin may be released on $500,000 bail. She held that reasonable precautions are available to assure that Rubashkin will appear for trial in September. Prosecutors have until Thursday to decide whether to appeal the ruling. In an earlier controversial decision, a federal magistrate judge had denied bail, in part alluding to the risk that Rubashkin would flee to Israel under the Law of Return. That decision led to protests by those who read it as suggesting that all Jews are greater flight risks. (See prior posting). Rubashkin is charged with bank fraud and harboring illegal workers. [Thanks to Jack Levey for the lead.]

Indonesian Clerics Issue Rulings On Elections

In Indonesia last weekend, the Indonesian Council of Ulema issued two controversial fatwas on political participation. The first was aimed at reversing low voter turnout in previous elections, according to an article in the Jakarta Globe. It held that it violates Islamic law for Muslims to abstain from voting in political elections-- so long as there is a qualified Muslim candidate for whom they can cast their ballot. The ruling went on to state that Muslims may not vote for non-Muslim candidates. The second ruling, reported yesterday by AKI, said that only a Muslim can be President of Indonesia. A Presidential election in Indonesia is scheduled for July. All the candidates are Muslims. Indonesia's constitution, however, does not restrict the presidency to members of any particular religious group. Fatwas have no binding legal force in Indonesia, but they are influential for religious Muslims.

Today Is UN's Holocaust Commemoration; Jewish Leaders Had Threatened Walk-Out [Updated]

Today is the date that the United Nations has designated as International Day of Commemoration in memory of the victims of the Holocaust. A number of events are scheduled by the U.N. around the commemoration. (UN press release.) A U.N. ceremony in New York this morning had originally been scheduled to include remarks by U.N. General Assembly President Miguel d'Escoto Brockmann. d'Escoto is a Nicaraguan politician and Catholic priest who has been known in the past for making sharp attacks on the state of Israel. Today's Haaretz reported that several Jewish groups in the U.S. tried unsuccessfully to exclude d'Escoto from speaking at the ceremony today. American Jewish leaders planned to stage a walk out from the ceremony this morning if d'Escoto used the podium to again attack Israel. Haaretz in the updated version of its article reports that d'Escoto ultimately decided not to attend and instead sent remarks decrying all genocides, delivered via the Rwandan envoy.

Court Refuses Preliminary Injunction In Shoshone's Bid To Stop Gold Mine

AP reports that yesterday a Nevada federal district court judge refused to issue a preliminary injunction to prevent Barrick Gold Corp. from beginning to dig a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. Apparently delivering his opinion in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior (D NV, Docket No. 3:08-cv-00616-LRH-RAM) orally from the bench, Judge Larry Hicks said that at least so far plaintiffs had not shown a violation of the Western Shoshone's religious freedom or violation of federal environmental laws. He said in part: "The effect of the proposed mining project is on the plaintiffs' subjective, emotional experience. It is offensive to their sensibilities and in the mind of some will desecrate a sacred mountain. Nevertheless, the diminishment of that spirituality — as serious as it may be — under the Supreme Court's holdings, it is not a substantial burden on religious freedom." (See prior related posting.)

Elections Conflict With Pilgrimage For Iraqi Shi'ites

Reuters reports today on the choice bwetween voting and religious observance facing many Shi'ite Muslims in southern Iraq. Elections for local provincial councils will be held on January 31. This is in the midst of the traditional pilgrimage to the holy city of Kerbala that marks Arbain, or 40 days of mourning for the Prophet Mohammad's grandson Imam Hussein. The pilgrimage culminates in mid-February. Pilgrims who come from Basra and beyond walk for 250 miles. Some have decided to return home to vote without completing a full pilgrimage. Grand Ayatollah Ali al-Sistani says that Iraqis should wait and vote before starting out on the pilgrimage.

Election Under Way For New Russian Orthodox Patriarch

Voice of America reported yesterday on the selection process that is underway for a new Patriarch for the Russian Orthodox Church after the death in December of Patriarch Alexei II. (See prior posting.) On Sunday, Church leaders selected three candidates. Now a second round of voting to select one of these finalists takes place in which clergy and various laypersons will participate. It is expected that this round will be completed by Thursday. The leading candidate is Interim Patriarch (and Metropolitan of Smolensk and Kaliningrad) Kirill, a modernizer who has been a key figure in bringing together the Russian Orthodox Church with Orthodox churches outside the borders of Russia. (See prior related posting.) One-third of the ballots in the second round have been allocated to bishops and laypersons in Ukraine.

UPDATE: AFP reported on Tuesday that, as expected, in the second round of voting, Metropolitan Kirill has been elected the new Orthodox Patriarch. He received 508 of the nearly 700 votes cast in a secret ballot. One of the two other finalists dropped out just before balloting began.