Saturday, January 31, 2009

Sudan Expels US Aid Group From Darfur Over Bibles

Reuters reports today that Sudanese authorities have expelled an American aid group, Thirst No More In North Darfur (TNM), after the government found 3,400 copies of the Bible in Arabic in the group's offices. Sudanese regulations require aid groups to provide details of their activities to Sudan's Humanitarian Aid Commission. TNM's 2009 Work Plan says its goal is to increase water supplies to villages in North Darfur. Governmental permission is required before a new project can be undertaken. A Commission official says that TNM failed to provide justification for possessing so many Bibles. Most charitable groups in Darfur sign a voluntary Red Cross code of conduct that precludes using aid to further a specific political or religious viewpoint.

Reaction Is Mixed To New Head Of White House Faith Based Office

The Washington Post reported Friday that a White House aide, confirming earlier reports, announced that President Obama has appointed 26-year old Joshua DuBois to head the White House's revamped Office of Faith Based and Neighborhood Partnerships. (See prior posting.) Reaction is mixed to the appointment of the Pentecostal pastor who ran religious outreach in the Obama campaign. Today's Washington Times says that religious professionals are concerned that DuBois lacks experience working with charities. They also say that DuBois faces a challenge in carrying out Obama's announced policy of precluding faith-based social service programs that receive federal funds from hiring on the basis of religion. (See prior posting.) JTA reports, however, that both Orthodox and Reform Jewish groups say that DuBois is an excellent choice.

Proposed Texas Law Would Aid Break-Away Congregations In Property Fights

Texas state Rep. Byron Cook has introduced into the Texas legislature a bill that would help congregations that break away from their parent church claim ownership of local church property. Proposed H.B. 729 provides that in a factional separation in an hierarchical religious organization, a court can order division of local church property "in a manner that the court considers just and right." Thursday's Dallas Morning News reports that the bill was introduced at the urging of the 300-member St. John's Episcopal Church in Corsicana (TX). The congregation is satisfied with the leadership of the current Episcopal Bishop of Dallas, but would consider breaking away if he were succeeded by a more liberal bishop. A provision adopted by the Episcopal Church USA in 1979 provides that local church properties are held in trust for the denomination and its dioceses, even though church buildings, like St. John's 100-year old sanctuary, are often paid for by funds raised from the local congregation. Episcopal News Service on Friday reported on its interview with St. John's rector, Rev. Canon Ed Monk, about the proposal.

Hawaii Court Rejects Free Exercise Defense To Marijuana Use

In State of Hawai'i v. Kimmel, (HI App., Jan. 23, 2009), the Hawaii Intermediate Court of Appeals affirmed defendant's conviction for commercial promotion of marijuana. The court rejected the argument that James Kimmel's use of marijuana for religious purposes was protected by the free exercise clause (Art. I, Sec. 4) of the Hawaii Constitution. It also rejected Kimmel's argument that his right to privacy protected by Art. I, Sec. 6 of the Hawaii Constitution permitted him privately consume marijuana.

Friday, January 30, 2009

Senate Stimulus Bill Excludes House Bill's Faith-Based Funding; Both Versions Limit Grants for Sectarian College Buildings

It appears that the Senate version of the stimulus bill, the American Recovery and Reinvestment Act of 2009 (S.336) does not include the funds for faith-based programs that were in the House version. (See prior posting.) The House version included the funding for the Capital Compassion Fund in its appropriations for Children and Family Services Programs. The appropriations in this area in the Senate bill make no mention of funds for faith-based organizations.

Also the Senate bill, in authorizing grants to state higher education agencies for "Higher Education Facilities", imposes limits on sub-grants to colleges and universities for renovation and modernization of buildings. No grant may be used for "modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission..." The House bill contains the same limitation.

Senate Passes S-Chip Expansion After Rejecting Two Abortion Related Amendments

Yesterday the U.S. Senate passed the Children's Health Insurance Program Reauthorization Act of 2009 (HR 2), expanding the "S-chip" program, by a vote of 66-32. (AP report.) During debate on numerous amendments, the Senate rejected two Republican amendment that attempted to inject the abortion debate into the legislation. An amendment offered by Sen. Mel Martinez would have restored the "Mexico City Policy" to ban foreign aid grants to private groups that promote abortion as a method of birth control. (Christian Post report.) It was rejected by a vote of 37-60. An amendment offered by Sen. Orrin Hatch would have allowed states to extend health coverage to any "unborn child." (LifeNews report.) It was rejected by a vote of 39-59.

UPDATE: Inside Catholic reports that only 6 of the 24 Catholic U.S. Senators voted to restore the Mexico City Policy. [Thanks to PewSitter for the lead.]

Ledbetter Fair Pay Act Signed; Applies To Religious Discrimination Claims

The Washington Post reports that yesterday President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (full text). The law amends Title VII of the 1964 Civil Rights Act (as well as several other anti-discrimination statutes) so that the statute of limitations period resets every time a person receives a paycheck impacted by unlawful employment discrimination. While the remarks of the President and others at the signing ceremony (full text) emphasized gender discrimination, the new limitation period period also applies to Title VII religious discrimination claims. The new statute was Congress' reaction to a 2007 U.S. Supreme Court decision interpreting the Title VII statute of limitations narrowly. (See prior posting.)

Darwin Day Proposal Creates Controversy In Ohio City

February 12 is the 200th anniversary of the birth of Charles Darwin, and already battles are erupting over celebrating the event. Wednesday's Columbus (OH) Dispatch reports that in the Columbus suburb of Whitehall, objections are derailing a proposal in city council. Councilwoman Jacquelyn Thompson originally urged that the city declare Feb. 12 to be Darwin Day in Whitehall. After objections were raised, she modified her proposal to declare February as "Science Month" in honor of both Darwin and Galileo (whose birthday is Feb. 15). However this proposal has also drawn substantial criticism, with the unspoken issue being evolution vs. creationism. Objections articulated by other council members include the unfairness in not naming hundreds of other deserving scientists, and conflicts with other February designations such as Black History Month. [Thanks to Scott Mange for the lead.]

Poll Ranks Most and Least Religious States In U.S.

In a poll released on Wednesday, Gallup ranked the "top 10 most religious states" and the "top 10 least religious states." The rankings are based on a 2008 survey of 350,000 individuals who were asked: "Is religion an important part of your daily life?" Mississippi, Alabama, South Carolina, Tennessee, Louisiana, and Arkansas ranked as most religious. Vermont, New Hampshire, Maine, and Massachusetts are are ranked as least religious in the country. Nationwide, 65% of respondents said that religion is important in their daily lives. [Thanks to Joel Katz for the lead.]

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.]

Thursday, January 29, 2009

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.

Wednesday, January 28, 2009

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.)