Saturday, February 14, 2009

Some Oklahoma Legislators Object To Invocation By Gay Minister

A routine motion in Oklahoma's House of Representatives encountered unexpected opposition last Wednesday, according to NewsOK. Reverend Scott Jones had been invited by Rep. Al McAffrey to deliver that day's invocation as chaplain for the day in the House. McAffrey is the Oklahoma legislature's only openly gay member. Rev. Jones, in remarks before delivering his prayer, introduced his guests that were in the House gallery, including his "loving partner and fiance, Michael." When at the end of the session, McAffrey moved to include Jones' invocation in the House Journal, 20 representatives voted against the motion. (64 voted in favor.) McAffrey said the unusual negative votes were apparently because Jones and most of his congregation are gay. Americans United issued a release yesterday criticizing the legislators for demonstrating "official favoritism among religions based on their personal religious biases in the public chamber of the Oklahoma House of Representatives."

Friday, February 13, 2009

In Some Nations, Religious and Cultural Objections To Valentine's Day Arise

Tomorrow is Valentine's Day, but in various parts of the world there is religious and cultural resistance to observing the day's customs. The day originated as a celebration of two 3rd century Christian martyrs, both known as St. Valentine. AP reports that in Saudi Arabia, religious police have required stores to remove items that are red, or that are intended as Valentine's Day gifts. Saudi Arabia bans celebrations of Christian holidays. In Sudan, according to ENI, the Sudan Ulema Authority issued a statement saying: "Valentine's Day comes from Western countries. I call on Muslims not to imitate Christians." The London Telegraph reports that in India, a leader of the Hindu nationalist group, Sri Ram Sena, said: "Valentine's Day is definitely not Indian culture. We will not allow celebration of that day in any form." Meanwhile, a group of Indian women who oppose the actions of Sri Ram Sena have begun the Pink Chaddi Campaign. It calls on women to send their pink underwear to Sri Ram Sena leader Pramod Muthalik. The campaign is reported on a blog titled Consortium of Pubgoing, Loose and Forward Women.

UPDATE: India's Sri Rama Sene called off its plans to protest Valentine's Day activities, though its leader Pramod Mutalik has become something of a cultural hero. (India Today, Feb. 13.)

Christian College Student Sues Over Speech Prof's Treatment of His Presentation

On Wednesday, a student at Los Angeles City College filed a federal court lawsuit against a speech professor John Matteson, and against the trustees and various administrators at the College. The lawsuit revolves around a speech that plaintiff Jonathan Lopez delivered in class to fulfill an open-ended assignment for the course. His speech focused on his Christian beliefs including beliefs that marriage is a relationship between a man and a woman. Prof. Matteson had already made clear to the class that he was a supporter of same-sex marriage. Lopez believes that sharing his Christian beliefs is a religious duty.

The complaint Lopez v. Candaele, (CD CA, filed 2/11/2009) (full text) alleges that Prof. Matteson refused to permit Lopez to complete his speech, called him a "fascist bastard" and, instead of entering a grade on an evaluation sheet, wrote that Lopez should "ask God" for his grade. An appeal to the dean was unavailing. It led to threats of retaliation by Matteson and claims by administrators that Lopez was engaged in hate speech. The lawsuit challenges both the actions taken against Lopez and the College's speech code as violations of the 1st and 14th Amendments. Alliance Defense Fund issued a release yesterday reporting on the case and linking to additional background materials.

European Court Says Russia Violated Rights of Unification Church Missionary

Yesterday the European Court of Human Rights in Nolan and K. v. Russia, (ECHR, Feb. 12, 2009), ruled that Russia violated Sec. 1, Article 9 (freedom of thought, conscience and religion), as well as various other provisions of the European Convention on Human Rights, when it refused to readmit to the country an American missionary. Patrick Francis Nolan had worked in the country for 8 years with youth organizations affiliated with the Unification Church. Russia claimed that Nolan had engaged in activities that posed a security threat. However it never specified the nature of those activities. As summarized by the Court's press release on the decision:

Given the primary religious nature of the applicant’s activities and the general policy as set out in the Concept of National Security of the Russian Federation, that is to say that foreign missionaries posed a threat to national security, the Court considered it established that Mr Nolan's banning from Russia had been designed to repress the exercise of his right to freedom of religion. However, since the interests of national security were deliberately omitted as a permitted ground for restrictions on the exercise of the right to freedom of religion in Article 9 of the Convention, such interests could not be relied upon as a justification for the measures taken by the Russian authorities against Mr Nolan.

[Thanks to Institute on Religion & Public Policy for the lead.]

USCIRF Urges U.S. To Press Turkey On Monastery Dispute

On Wednesday, the U.S. Commission on International Religious Freedom issued a release encouraging the U.S. government to raise with Turkey the importance of respecting property rights of religious minorities. Of particular concern to USCIRF is a case currently in Turkish courts involving land claimed by the Mor Gabriel Syriac Orthodox monastery. Today's Zaman on Thursday, reporting on the latest court hearing in the case, also describes details of the dispute:
The row began when Turkish government land officials redrew the boundaries around Mor Gabriel and the surrounding villages in 2008 to update the national land registry as part of a cadastre modernization project in compliance with EU instructions. The monks say the new boundaries turn over to the villages large plots of land the monastery has owned for centuries and designate monastery land as public forest.

Report On Hate Movements In Times of Economic Crisis Is Released

The Simon Wiesenthal Center yesterday announced the release of a new report titled Hatred In Hard Times-- And How to Combat It: Lessons From History For the 21st Century. The report was written to warn of possible anti-Semitism and other hate movements growing out of the current economic crisis, dubbed by the report as the "Panic of 2008." Authored by historian Dr. Harold Brackman, the 46-page report traces hate movements growing out of various economic crises beginning as far back as the Dutch Tulip Mania of the 1630's. The report also focuses on movements throughout U.S. history that have pressed for greater tolerance.

European Court Says Bulgaria Improperly Resolved Church Split

In a judgment handed down last month, the European Court of Human Rights held that the government of Bulgaria has improperly taken sides in a dispute between two factions of the Bulgarian Orthodox Church. In Holy Synod of the Bulgarian Orthodox Church v. Bulgaria, (ECHR, Jan. 22, 2009), the court concluded that Bulgaria has violated Sec. 1, Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. As summarized in the Court's press release on the case:
in the context of an ongoing dispute between two groups claiming leadership of the Church, ... the State had taken action to terminate the autonomous existence of one of the two opposing groups and had provided the other group with exclusive control over the affairs of the whole religious community. It found that that had been contrary to the Government’s duty to remain neutral in such matters, as it had not been a question of merely recognising the canonical leadership of the Church but a question of which leadership had been canonical. The authorities had therefore taken sides in an unsettled controversy deeply dividing the religious community. That had amounted to an interference with the applicants' right to freedom of religion, which had included the right to organisational autonomy of the religious community.
On Wednesday the Alliance Defense fund issued a release praising the January decision, saying that it "underscores the vital importance of the church operating independently of state coercion and control."

Anti-Religion Signs Will Go Up In Madison WI Buses

In Madison, Wisconsin starting today riders on six buses are will see provocative advertising signs from the Freedom From Religion Foundation. Each sign carries a quotation from a different famous atheist or free thinker. Included are quotes from: Mark Twain, Clarence Darrow, Emily Dickinson, Butterfly McQueen and Richard Dawkins. For example, the sign featuring a portrait of Darrow reads: "I don't believe in God because I don't believe in Mother Goose." The Examiner yesterday reported at length on the quotes and featured photos of most of the signs that will be displayed inside the buses. FFRF already has a national billboard campaign in operation. (See prior related posting.)

Swedish Muslim Student Claims Discrimination Over Niqab

In Stockholm, Sweden, a Muslim woman has filed a religious discrimination complaint with the Equality Ombudsman. The Local reported yesterday that the woman was told by an adult education college in Spanga that she cannot wear her niqab in class or in contact with college staff. The niqab covers her face, except for the area around her eyes. The school, the Västerort Vuxengymnasium, cites a recent decision by the National Agency for Education. The student says she has offered a compromise which apparently the school has not accepted-- she will remove her niqab during class if she can sit in the front.

Thursday, February 12, 2009

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.

Wednesday, February 11, 2009

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.