Producer Says Pennsylvania Business Name Statute Violates 1st Amendment

The name of a corporation or limited liability company that is included in the articles it files with the state is generally subject to certain restrictions, usually to prevent duplication of names. Pennsylvania, however, also prohibits certain words from being used in the name of a business association. 19Pa. Code Sec. 17.5 provides that "An association name may not contain words that constitute blasphemy, profane cursing or swearing or that profane the Lord's name." The New York Times reports yesterday that a lawsuit has been filed in federal district court by filmmaker George Kalman challenging the constitutionality of that provision. Kalman wanted to name his production company "I Choose Hell Productions," to reflect the philosophical theme of his movies. In 2007, articles with that name were rejected because of the blasphemy and profanity prohibition, and he ultimately refiled under the name "ICH Productions LLC". Kalman's suit asserts that the statute violates the Establishment Clause because it prescribes a religious standard that was used in rejecting his filing. He also asserts that it violates his free expression rights, giving to state employees the discretion to reject business names that offend them.

Illinois Immigration Detainees Will Get More Clergy Visits

Yesterday's Chicago Tribune reports that religious groups have begun training around 30 volunteers who will pay visits to individuals being held in county jails awaiting federal deportation. The Access to Religious Ministry Act, passed by the Illinois legislature last December, will go into effect June 1. It requires jails to give reasonable access to religious workers to visit immigration detainees. Currently Illinois jails only permit religious visits for two hours a month to the rotating group of 750 deportees held in jails under contract with the Immigration and Customs Enforceement Agency. [Thanks to Joel Katz for the lead.]

NY Teacher Loses Suit Claiming Religious Discrimination and Christian Activities In School

In Eder v. City of New York, 2009 U.S. Dist. LEXIS 11501 (SD NY Feb. 12, 2009), a New York federal district court rejected claims by a Jewish public school teacher who was denied tenure that various Christian activities at her school violated the Establishment Clause. It also rejected teacher Melissa Eder's federal and state religious employment discrimination claims and her Title VII claims of retaliation and hostile work environment. The court held that activities such as a teachers' prayer group in the Principal's office and prayers over food at a faculty holiday party were private activities and did not carry the imprimatur of the school. The court found insufficient evidence of religious discrimination in the extension of Eder's probationary period, instead of granting her tenure, despite claims that the principal had referred to her as "poison." The court also rejected claims that incidents such as someone leaving a rabbi's picture on Eder's chair and co-workers referring to Adolph Hitler as a revolutionary thinker amounted to a hostile work environment.

Pope Meets Nancy Pelosi; Criticizes Her Pro-Choice Views

Yesterday Pope Benedict XVI met privately for 15 minutes with U.S. House Speaker Nancy Peolsi who is on an official visit to Italy . In what may have been an uncomfortable meeting with Pelosi who is Catholic, but who favors keeping abortion legal, the Pope, according to CNS, "told her that all Catholics, especially those who are lawmakers, must work to protect human life at every stage." In the past, Pelosi had said that church leaders over the centuries disagreed on when life begins. The Vatican's statement after the Papal meeting with Pelosi focused on the "church's consistent teaching on the dignity of human life from conception to natural death." Pelosi in a statement released after the meeting said nothing of the abortion issue, and instead congratulated the Pope on a number of initiatives such as fighting poverty, hunger and global warming. BeliefNet also comments on the Pope's "reprimand" to Pelosi.

Italian Teacher Suspended For Removing Crucifix

In Italy where controversy continues about Christian crosses in public buildings, a school teacher has been suspended for a month by the National Education Council after his students complained that he took down the crucifix that had been hanging in his classroom in Umbria. BBC News reported yesterday on the action against literature teacher Franco Coppoli who says that education and religion should not be mixed. (See prior related posting.)

Jesuit Order Files For Chapter 11 Bankruptcy In Oregon

The Society of Jesus, Oregon Province , has become the first major religious order to file for federal bankruptcy reorganization, according to a report in today's Fairbanks (AK) Daily News-Miner. The filing was primarily in response to some 200 additional claims of sexual abuse of children-- mainly from Alaska-- against the Order. Over 200 other claims have previously been settled. The bankruptcy petition was filed Tuesday in Portland, Oregon federal Bankruptcy Court. Rev. Patrick J. Lee, Oregon Province Jesuits provincial, said: "It is the only way we believe that all claimants can be offered a fair financial settlement within the limited resources of the province." However David Clohessy, national director of Survivors Network of those Abused by Priests, called the filing "a morally irresponsible and selfish decision designed solely to protect the reputations of complicit church officials." Some 235 Oregon Province Jesuits serve five Northwestern states. (See prior related posting.)

Baha'i Leaders In Iran Are Charged With Espionage

The Washington Post reported yesterday that seven Baha'i leaders in Iran who have been detained for eight months have now been charged with espionage. A formal indictment will be issued next week. Iran's prosecutor general, Ayatollah Ghorbanali Dorri-Najafabadi, has focused on ties between Bahia's and Israel. The Baha'i headquarters is in the Israeli city of Haifa, but Baha'i has followers around the world. Hundreds of Bahia's have been arrested since Iran's 1979 Islamic revolution. The 300,000 Baha'i followers in Iran are not allowed to hold religious gatherings, and those who publicly announce their faith are excluded from universities, army service and government employment. Abdolfattah Soltani, one of the lawyers for the Baha'i leaders, has not been permitted to meet with them.

Paper Says Obama's Faith-Based Office Wil Not Show LGBT Bias

Today's Windy City Times focuses on Obama campaign's promise last July that the new Office of Faith-Based and Neighborhood Partnerships (see prior posting) will not fund groups that advocate for anti-gay reparative therapy. It reports that one member of the new FBNP Advisory Council is Fred Davie who is openly gay. Human Rights Campaign president Joe Solmonese said: "We expect that President Obama will abide by his commitment and ensure that federal funds are not used to discriminate against the LGBT community."

Christian Ministry Challenges Oklahoma Prison Rules

Last week, Wingspread Prison Ministries filed a federal lawsuit against the Oklahoma Department of Corrections challenging restrictions that interfere with Wingspread's outreach to inmates in Oklahoma. The complaint (full text) in Evangelists for Christ, Inc. v. Jones, (ED OK, filed 2/11/2009), alleges that prison rules allowing inmates to receive books and materials only from publishers, book stores or book dealers impair Wingspread's program of sending Bibles, religious books and other Christian religious materials to prisoners. Additionally the lawsuit challenges prison rules that allow letters to inmates from individuals but not from ministries. The suit claims that these restrictions violate Wingspread's protected speech and religious exercise rights, denies it equal protection of the laws and violates the Oklahoma Religious Freedom Act. The Rutherford Institute issued a release last week announcing the filing of the suit.

Italy's High Court Acquits Judge Who Refuses To Sit In Courtroom With Cross

ANSA reported yesterday that Italy's Supreme Court of Cassation has reversed the conviction of Judge Luigi Tosti who had been sentenced by a lower court to seven months in jail for refusing to carry out his official duties. (See prior posting.) The sentence came after the Supreme Council of Magistrates removed Tosti from his position and cut off his pay for unjustifiable behavior. (See prior posting.) Tosti, who is Jewish, had refused to sit in his Camerino courtroom where-- as is customary in Italy-- a cross is displayed. Tosti argued that defendants have a right to be tried in a secular courtroom, and that lawyers and judges can refuse to serve in courtrooms that would deny defendants a fair trial. The high court-- after conducting Tosti's hearing without a cross in the courtroom-- apparently agreed with Tosti's church-state argument. It acquitted him, holding that he had not committed a crime. This however does not mean that crosses will be removed from Italian courts. In late 2004, the Constitutional Court held that crosses could remain in classrooms and courts. Earlier that year Tosti had threatened to protest the practice by displaying a menorah in his court, but changed his mind when the Union of Italian Muslims began to demonstrate support for his proposal.

Russian Court Orders Confiscation of 13 Dissident Orthodox Congregations

Eesti Elu reported yesterday that in the Russian city of Suzdal, a court has ordered government confiscation of 13 congregations belonging to the Russian Orthodox Autonomous Church (ROAC). ROAC is the successor to the underground Catacomb Church that was formed to resist the government-infiltrated Russian Orthodox Church during the period of Soviet Communist control. In 1990, the former Catacomb Church became part of the Russian Orthodox Church Abroad. In 2007 the Russian Orthodox Church Abroad and the Moscow Patriarchate reunified, but ROAC refuses to accept that reconciliation. Now two Russian nationalist groups in Moscow are trying to force ROAC to accept control by the Moscow Patriarchate. ROAC plans an appeal to higher Russian courts and, if necessary, to the European Court of Human Rights. (See prior related posting.)

Ghana's Vice President Wants Government Inspired By Christian Values

Ghana's Vice President John Dramani Mahama speaking to the synod of the Catholic Archdiocese of Accra on Monday said that his National Democratic Congress (NDC) Administration would rely heavily on religious values and religious institutions in bringing social reform to the country. Peace FM Online reports today that Mahma, identifying arrogance and self-centredness as the reason for bad governance in most African countries, said that he wants Christian values to be a centrepiece Ghana's social development, and an inspirational source for state officials. He said the government wants to work with religous bodies to turn Ghana into a welfare-oriented society. According to the 2000 census, Ghana is 69% Christian.

U.S. State Department Moves Gingerly On Durban II Conference Participation

The Obama administration has decided to tread carefully on the controversial issue of whether the United States should participate in the Second UN World Conference Against Racism (known as the "Durban Review Conference" or "Durban II") scheduled for Geneva in April. The United States and Israel walked out of the first Conference, held in Durban in 2001, because of the anti-Semitic and anti-Israel focus of many participants. (Background.) Fearing a repeat, Canada and Israel both announced a year ago that they would not attend the 2009 Conference. (YNet News.)

U.S. participation has been uncertain. Last September, the U.S. House of Representatives passed H.Res. 1361 calling on the President and Secretary of State to defeat efforts to use Durban II to promote anti-Semitism. On Saturday, the U.S. State Department issued a release saying that it will send a delegation to the Feb. 16-19 preparatory meetings in order to assess whether U.S. participation in the Conference itself, or in further preparatory talks, is warranted. Yesterday ADL issued a release criticizing the decision of the Obama administration, saying that "the draft declaration under negotiation unfairly singles out Israel for condemnation and establishes what amounts to a global blasphemy code." AFP reported yesterday that the U.S. delegation began its work by suggesting a number of changes to the draft resolution being put together for April.

Paper Questions NY Bishop's Political Contribution

Today's New York Daily News questions a $250 political donation made by Brooklyn's Catholic Bishop Nicholas DiMarzio. The bishop (whose diocese also includes Queens) made the contribution to City Council candidate Geraldine Chapey whose mother is a member of the state Board of Regents. The Regents have jurisdiction over approval of charter schools. A month after the contribution, DeMarzio and Mayor Michael Bloomberg announced a proposal to convert four financially-strapped Catholic schools in Brooklyn and Queens into state-supported charter schools. (See prior posting.) Both DiMarzio and Chapey say the donation-- which also generates $522 of taxpayer matching funds-- was not connected to the charter school proposal.

Professional Biologists' Group Boycotts Louisiana Over Science Education Law

AP reported yesterday that the professional group, The Society for Integrative and Comparative Biology, has written Louisiana Governor Bobby Jindal (full text of letter), informing him that it has not chosen New Orleans for its 2011 meeting largely because of Louisiana's enactment of a law last year that allows teachers to supplement standard science texts with supplemental materials. Some argue that the provision will be used to introduce religious views opposed to evolution into science classes, despite statutory language barring its use to promote religious doctrines. (See prior posting.) The Feb. 5 letter to Gov. Jindal reads in part:

The Executive Committee voted to hold the 2011 meeting in Salt Lake City in large part because of legislation SB 561, which you signed into law in June 2008. It is the firm opinion of SICB's leadership that this law undermines the integrity of science and science education in Louisiana.

The letter goes on to point out that Utah, by contrast, has passed a resolution saying that evolution is central to any science curriculum. [Thanks to Scott Mange for the lead.]

Arkansas House Says Guns No Longer Totally Banned In Church

The Arkansas House of Representatives last week passed HB 1237 that would allow holders of concealed carry permits to carry firearms in churches, unless the church posts signs prohibiting them. The bill now goes to the state Senate. The New York Times reported last week that proponents of the bill say it is about the right of churches to make their own decisions -- without governmental intervention-- on whether or not to permit firearms. Opponents, though, say that the notion contradicts long tradition of viewing the church as a "sanctuary" free from the fear of violence. (ABP report.) The bill was introduced after a series of shootings at churches across the country.

80th Anniversary of Vatican City State Marked By Conference

February 11 was the 80th anniversary of the signing of the Lateran Accords that created Vatican City as a separate political state. A conference to commemorate the anniversary was held Feb. 12 to 14, with sessions in Rome and the Vatican. The conference was titled A Small Territory for a Great Mission. Zenit.org reports that Pope Benedict XVI addressed conference participants last Saturday, describing Vatican City State as a "shelter of absolute independence of the Holy See."

College Renovation Funds-- And Religious Exclusion Question-- Back In Stimulus Bill

There has been a good deal of rhetoric and confusion over provisions in the stimulus bill permitting states to use certain funds for higher education renovation projects-- and the concomitant ban on funding for buildings used for religious purposes. (See prior posting.) As pointed out by the Joint Explanatory Statement from the Conference Committee [at pg. H1438], both the House and Senate versions of the American Recovery and Reinvestment Act that went into Conference had eliminated an earlier provision that allowed states to make grants for renovation of college buildings used for secular purposes. However the Conference Committee put the provision allowing use of funds for higher education renovations (with the same limits) back in. Searches of the earliest marked up versions-- partly marked up in hand-- did not turn up this addition (which led to an incorrect, but now corrected, posting by me earlier today). Now that an official fully printed version is available, funding for college building renovations reappears [at pg. H1351].

This means that the objections of some religious groups to the bill's limitations on use of this funding is back with us. At issue is this language:

No funds awarded under this title may be used for—... (3) modernization, renovation, or repair of facilities— (A) used for sectarian instruction or religious worship; or (B) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.

The language poses two separate kinds of concerns. First, some object to the basic policy decision to deny funds for renovations of divinity schools and the like. Second, others do not necessarily disagree with that policy, but fear that the language of the bill is so broad that it may exclude use of funds in situations that were never intended to be excluded. The focus is on the exclusion for facilities "used for sectarian instruction or religious worship."

While that language clearly excludes a school's chapel, what about a regular classroom building that once in a while is used by a student group for prayer? Often student groups can reserve empty classrooms for meetings or events. Suppose a Christian, Jewish or Muslim student group uses a classroom in a science building once a week for an hour for group prayers. Does that preclude use of ARRA funds to remodel the science building? It is certainly unlikely that Congress intended to prevent the building-- where worship was an insubstantial use-- from receiving federal funds, and it is likely that if ever litigated, that is what a court would conclude. The problem however is that careful lawyers must often give legal opinions without court guidance. The fact that a "substantiality" qualification is in one clause of the exclusion and not the other, might give a careful lawyer pause. Last week, a posting on Phi Beta Cons via Blog from the Capital illustrated the scenario that might occur:

A university dusts off an old modernization project for a large and aging classroom building. Prior to submitting its funding proposal to the government, the university counsel's office works to ensure that the building complies with all applicable regulations, and in so doing finds that a Christian student group uses the building for its Friday-night Bible study. This is clearly "use" of the building for "sectarian instruction," so—to be on the safe side, since millions of dollars are at stake—he issues a notice that the group move its activities to another building. The process is repeated as other buildings are made eligible for funding.

UPDATE: Tobin Grant writing in Christianity Today on Wednesday says that the version of the stimulus bill as passed is good for religious institutions. He says: "With the restrictions, religious colleges and universities are able to qualify for the same type of funding as public and secular schools do. Without them, such funding would likely be considered unconstitutional."

Russian Legislator Wants Government Religious TV Channel

In Russia, the Vice Speaker of the Federation Council (the upper house of Russia's parliament) says he supports the idea of creating a Public Council on Morality to deal with objectionable television programming as well as the proposal to create a federal religious television channel. Speaking at the Cathedral of Christ the Savior, Alexander Torshin also expressed concern over protecting children and teens from pornography and immorality on the Internet. Interfax reports that Torshin also encouraged parliamentary consultation with traditional religious organizations in Russia when important laws are being considered.

Stimulus Bill Drafters Recognize Religious Objections To Electronic Health Records [Corrected]

A portion of the stimulus bill, the American Recovery and Reinvestment Act of 2009, that President Obama will sign tomorrow provides funding to computerize health records across the country. Title XIII, known as the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") provides in Sec. 3001 the goal that there be an electronic health record for each person in the United States by the year 2014. (Full text at pg. H1338]). However the Conference Committee's Joint Explanatory Statement on this provision (full text at pg. H1431] creates a "conscience clause" of sorts. It provides:

this ... is not intended to require individuals to receive services from providers that have electronic health records.... This provision does not constitute a legal requirement on any patient to have an electronic health record. For religious or other reasons, non-traditional health care providers may also choose not to use an electronic health record.

Here are links to all portions of the bill and of the Joint Explanatory Statement.

CORRECTION: Meanwhile [contrary to what appeared to be the case from earlier marked up prints of the law], the final version of the law as printed in the Congressional Record retains provisions from earlier versions of the bill on renovation of college buildings. (Full text at pg. H1351). These provisions have created concern among some conservative Christian groups because of exclusions for buildings used for religious purposes. (See prior posting.)