Kazakhstan's Constitutional Council Invalidates New Religion Law

According to a report yesterday from Interfax , Kazakhstan's Constitutional Council has ruled that controversial amendments to the country's laws on religion and religious organizations are inconsistent with Kazakhstan's Constitution. The amendments, passed by Parliament last November, had been referred to the Constitutional Council by President Nursultan Nazarbaev before he signed them. (See prior posting.) The amendments were widely criticized by human rights groups.

UPDATE: Forum 18 on Thursday had a longer report on the decision. It indicates that President Nazarbaev has one month during which he can propose changes to the decision. they take effect only if supported by two-thirds of the Constitutional Council. The report also says that the Council's decision calls into question the constitutionality of Kazakhstan's current Religion Law as well.

Defendant's Religious Beliefs Prevent Him From Viewing Sexual Photos For Trial

In Spring Valley, New York, a man on trial for committing sexual acts with underage girls and photographing two other men having sex with them now claims that he has turned religious and cannot view the sexual photos to aid in his own defense. Yesterday's Lower Hudson Journal-News reports that defendant David Silverman grew up in a Hasidic Jewish community, but left in his teens and was placed in foster care. He has recently again become religiously observant. The offenses Silverman is charged with were allegedly committed when he was 21. Silverman met the girls involved through MySpace's online social network. He has plead not guilty, denying he touched them.

Proposal Would Delete Anti-Atheist Clause of Arkansas Constitution

Art. 19., Sec. 1 of the Arkansas Constitution provides: "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court." Yesterday State Rep. Richard Carroll introduced into the Arkansas General Assembly a resolution (HJR 1009) proposing a constitutional amendment that would repeal this provision. The "Whereas" clauses in the resolution say that it is likely the existing provision violates the 1st Amendment of the U.S. Constitution and would be struck down in an appropriate court challenge. Ft. Smith City Wire reports on the proposal. [Thanks to Scott Mange for the lead.]

County Board Moves To Moment of Silence; Generates Strong Objections

The Dodge County, Wisconsin Board of Supervisors last week decided to end the practice of opening their meetings with a prayer from one of the Board members. Instead meetings will begin with a moment of silence. The Fond du Lac Reporter last week traced the reason for the decision. Newly elected Supervisor Dean Fuller became concerned after a fellow Board member opened a meeting with a sectarian Christian prayer. Fuller complained to the Freedom from Religion Foundation which, in turn, wrote Board Chairman Russell Kottke asserting that the past practice was unconstitutional. Reaction to the Board's decision has been strong. OneNewsNow yesterday quoted Libery Counsel's Mat Staver who said that the decision "is an example of where some radical separationists are pushing this country. They want to literally eliminate any kind of reference to God or religion." Also last week Supervisor Fuller, who initiated the change, said he has received death threats. (620 WTMJ News).

Group Demands Schools End Use of Church For Graduation Ceremonies

Americans United yesterday issued a release announcing that they have written three Wisconsin public school districts and a community college demanding that they stop holding their graduation ceremonies at Elmbrook Church in Brookfield, Wisconsin. Graduation speakers at the church stand under a 30-foot cross which church officials refuse to cover for the ceremonies. At past graduations the Church has also displayed banners with religious messages and church personnel have distributed religious pamphlets to graduates and their families. The letters sent to each school assert that the use of the Church under these circumstances violates the Establishment Clause. The AU release links to the full text of the letters sent to each school.

Lebanon Says Citizens Can Remove Religious Affiliation From State Records

In Lebanon yesterday, Interior Minister Ziad Baroud issued a circular permitting any citizen to have his or her religious affiliation removed from Civil Registry Records. Ya Libnan reports that the decision to allow religion to be replaced by merely a slash sign (/) was based on provisions in Lebanon's Constitution protecting freedom of belief, as well as provisions in the introduction to the Constitution pledging commitment to the United Nations Universal Declaration of Human Rights.

Louisiana Prison Will Remove Religious References From Monument

Officials at the Louisiana State Penitentiary have agreed to remove religious inscriptions from a monument that stands at the prison's gate . Officials say the monument was intended to encourage moral rehabilitation and to encourage inmates arriving to begin long sentences. The inscription "forgetting what is behind and straining toward what is ahead" will remain on the book-like monument, but the citation of "Philippians 3:13" as its source will be removed. Also a "Prayer of Protection" inscribed on the monument will be removed. Yesterday's Christian Post reports that the actions were taken because of a complaint filed last year by the Louisiana ACLU.

Vietnam Recognizes Mennonite Church

Vietnam Net reported yesterday that the Vietnam Mennonite Church has received official recognition as a religious organization from the country's Government Committee for Religious Affairs. The church says it will become actively engaged in social work and chariitable activites.

New York Court Applies "Get" Law In Divorce Case

In S.A. v. K.F., (NY Kings Co. S.Ct, Jan. 28, 2009), a New York family court applied NY Domestic Relations Law, Sec. 236 [B] [5] [h], that permits the court in matrimonial actions to consider the effects of a barrier to remarriage of one of the spouses when ordering maintenance and distribution awards. The law was directed at aiding Jewish wives in obtaining a religious divorce document (get) from their husbands. A wife who is unable to obtain a get cannot remarry under Jewish law. She is known as an agunah, or "chained woman."

In this case, the 80-year old husband (a Holocaust survivor) had adamantly refused to provide his 61-year old wife a get, despite a contempt citation issued by a Jewish rabbinic court and demonstrations in front of his home by community members. The court, awarding the husband $400 per month maintenance, conditioned it on his voluntarily giving his wife a get within 45 days. The court said: "It would be unjust and inappropriate to have the wife pay spousal support for the husband's benefit yet she is still 'chained' to him." Last Saturday's New York Daily News reports on the decision. [Thanks to Marc Stern for the lead.]

Child Evangelism Fellowship Wins Preliminary Injunction

In Child Evangelism Fellowship of Minnesota v. Elk River Area School District #728, (D MN, Feb. 6, 2009), a Minnesota federal district court granted a preliminary injunction barring implementation of Elk River (MN) School District's policy of allowing only organizations specifically categorized in federal law as "patriotic" to distribute literature at school Open Houses. The court held that the school district had created a limited public forum at its Open Houses, but that by relying on a viewpoint categorization created by Congress, the school district improperly discriminated against CEF's Good News Clubs. Alternatively the court held that even if the policy is viewpoint neutral, it is not reasonable in light of its purpose. Relying on the U.S. Supreme Court's 2001 decision in Good News Club v. Milford Central School, the court found that: "The Good News Club and the Boy Scouts promote the same values and ideas, but they do so from different viewpoints." Liberty Counsel issued a press release welcoming the decision.

New Jersey Town Sued Over Handbilling Restrictions

Alliance Defense Fund announced yesterday that it has filed suit in federal district court challenging Wildwood, New Jersey's ordinances that restrict the distribution of literature in the beach town. An application letter and fee must be submitted and a permit obtained before handing out political or religious literature anywhere except at six locations on the Wildwood Boardwalk. The only exemption is for members of Jehovah's Witnesses. The suit was filed on behalf of Eric Wollod who was prevented from handing out religious tracts on a city sidewalk. The complaint (full text) alleges that the restrictions violate Wollod's 1st and 14th Amendment rights. A Memorandum In Support of Plaintiff's Motion for Preliminary Injunction was also filed with the court.

Canadian Talk Show Violated Ethics Code According To Panel

The Canadian Broadcasters Standards Council-- a non-governmental organization that administers a broadcast ethics code-- has ruled that comments made by a radio talk show host were "sweeping, abusive and unduly discriminatory criticism of Islam" in violation of the CAB Code of Ethics. While the case was decided last October, the Council's decision was not released publicly until last week. (CBSC press release.) In CFRA-AM re an Episode of the Lowell Green Show (Islam), (CBSC, Oct. 22, 2008), an Ontario Regional CBSC Panel adjudicated a complaint over the Lowell Green Show's discussion of Islam. The open-line talk show aired in the wake of Sudanese charges against a British school teacher for having her class name a teddy bear "Mohammed". The Council concluded that: "Green did not merely disagree with opposing points of view; he mocked, ridiculed and insulted their interlocutors."

Appeal Filed With 9th Circuit In Mt. Tenabo Case

AP reported yesterday that an appeal has been filed with the U.S. 9th Circuit Court of Appeals in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior. In the case, last month a Nevada federal district court refused to issue a preliminary injunction to prevent Barrick Gold Corp. from digging a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. The Western Shoshones say that the project will desecrate their sacred mountain. (See prior posting.)

UPDATE: KTVN News says that U.S. Distict Judge Larry Hicks on Feb. 11 refused to issue a stay to prevent the project moving forward while the appeal is pending.

Church of England Bans Clergy From Joining Racist British National Party

The General Synod of the Church of England voted Monday to prohibit vicars in the Church from joining the right-wing, racist (whites-only) British National Party. Today's London Mail reports that the resolution passed by a vote of 322- yes; 13-no; and 20 abstentions. Supporters of the ban say that membership in far-right political parties is incompatible with Christianity.

Canadian Teen Says Assault With Kirpan Charges Were Fabricated By Classmates

Canadian Press reported yesterday on the assault trial of a Canadian teenager in Montreal's youth court. The boy is a Sikh who was baptised and received a kirpan (ceremonial dagger) at the end of August. Now two classmates accuse him of assaulting them with the kirpan and with the pin used to tuck his hair under his turban. The 13-year old defendant says the charges were fabricated by the two classmates because they were jealous of a friendship he had with another student.

Vermont Teacher Sued For Proselytizing

Vermont's ACLU announced yesterday that it has filed suit against seventh-grade teacher Wally Rogers, the Irasburg (VT) School District, and Irasburg Village School principal Paul Simmons. The complaint (full text) filed in Vermont federal district court alleges that Rogers has subjected students to religious proselytizing, and that school officials have failed to respond to complaints. It is alleged that Rogers added Christian books to student book lists, purchased those books with school funds and offered students enhanced credit for reading them. The suit also claims hat Rogers retaliated against students who complained about his conduct. Ultimately the two families involved removed their children from the school in which Rogers teaches. Today's Rutland Herald reports on the case.

California Court Dismisses Mexican Clergy Abuse Case For Lack of Jurisdiction

In Joaquin M. v. Rivera, (CA Ct. App., Feb. 4, 2009), a California state appellate court dismissed on jurisdictional grounds a suit by an adult citizen of Mexico against Catholic priest Father Nicholas Aguilar, a Mexican resident, Cardinal Norberto Rivera of Mexico City and the Mexican Catholic Diocese of Tehuacan. The complaint alleges that Cardinal Rivera and the Diocese sent Father Aguilar to work in the Los Angeles knowing that he had a history of sexual misconduct. n Los Angeles, Aguilar sexually molested numerous children. In January 1988, before the police could arrest him, Aguilar fled Los Angeles and returned to Mexico. In 1994, in Mexico, Aguilar sexually molested plaintiff, who was then 13 years old. The court held that California lacks personal jurisdiction over these Mexican defendants in this action brought by a Mexican plaintiff for injuries that occurred in Mexico. Analyzing the requirements for "specific jurisdiction," the court concluded that "plaintiff's claims do not bear a substantial connection, let alone any connection, to Cardinal Rivera’s and the Diocese of Tehuacan’s contacts with California."

Yesterday's Los Angeles Metropolitan News-Enterprise reported on the case. Quoting plaintiff's attorney, it reported that this lawsuit against a powerful Mexican Cardinal was largely responsible for exposing clergy sexual abuse in Mexico.

Report Says FBI Has Broken Ties With CAIR

Fox News reported on Jan. 30 that the FBI has largely severed its ties with the Council on American Islamic Relations (CAIR). The FBI had been using CAIR as a liaison to the Muslim community. CAIR has given training sessions on Islam for FBI agents. The reversal in FBI policy came after revelation of ties between high CAIR officials and the Holy Land Foundation whose officials were convicted in December of sending $12.4 million of charitable funds to Hamas. (See prior posting.) Fox News last week reported that Virginia Rep. Frank Wolf has written the FBI asking whether the Fox report is accurate, and if it is, how the FBI plans to notify members of Congress of its decision. (Full text of letter.)

Pope Reaches Out To Critics of His Reconciliation Attempt With Holocaust Denier

Repair efforts continue after Pope Benedict XVI's lifting of the excommunication of Holocaust denying Lefebvrite bishop Richard Williamson. (See prior posting.) German Chancellor Angela Merkel, who had been strongly critical of the Pope's action, spoke with Benedict XVI on Sunday to discuss their respective views. Spokespeople said the conversation was conducted with "mutual respect." (Deutsche Welle.) Der Spiegel reported that the Pope was angry at the tone of Merkel's earlier criticism. Meanwhile, according to yesterday's New York Times, Williamson has been dismissed as head of La Reja seminary in Argentina. Rev. Christian Bouchacourt, director of the Latin America branch of the Society of St. Pius X, said Williamson's comments do not reflect the views of the Society. The Jerusalem Post says that in conciliatory efforts, on Thursday the Pope will meet with the Council of Presidents of Major American Jewish Organizations. High Vatican officials have already met with other Jewish groups.

In an interview with Der Spiegel published yesterday, Williamson responded to Vatican demands that he recant his views by saying: "I can only say something, the truth of which I am convinced. Because I realize that there are many honest and intelligent people who think differently, I must now review the historical evidence once again." Williamson said he would not travel to Auschwitz, but that he had ordered a copy of the book Auschwitz: Technique and Operation of the Gas Chambers, by Jean-Claude Pressac. Pressac was one time a Holocaust denier, but his views changed when he visited Auschwitz. The book ordered by Williamson reflect those revised views and the evidence that Pressac saw.

British Diplomat Charged Criminally For Anti-Semitic Outburst

Today's London Mail reports that a high ranking diplomat in Britain's Foreign Office has been arrested on charges of inciting religious hatred through threatening words and behavior after an anti-Semitic outburst at the London Business School's gym. The incident occurred while Rowan Laxton, head of the Foreign Office's South Asia Group, was using an exercise bike and, at the same time, watching TV reports about Israeli attacks in Gaza. Laxton is married to a Muslim woman (but is believed to be separated from her) and has worked extensively in the Middle East and in Afghanistan and Pakistan. Inciting religious hatred is punishable by a fine and up to 7 years in prison. The arrest comes as Britain prepares to host next week an international summit on combating anti-Semitism.