Vatican Says Statement By Holocaust Denying Bishop Is Insufficient Apology

On Thursday, Zenit published an apology of sorts from Lefebvrite Bishop Richard Williamson in connection with his comments denying the Holocaust. Earlier this month, Pope Benedict XVI lifted Williamson's long-standing excommunication, along with that of 3 other right-wing bishops. (See prior posting.) However, following protests, the Pope told Williamson that he must recant his Holocaust views to be fully reinstated. (See prior posting.) According to the New York Times on Friday, Williamson's recent apology is not seen by the Vatican as sufficient to restore him to full communion with the Church. Apparently in recent weeks, Williamson has contacted another Holocaust denier, David Irving, for assistance in assessing the Holocaust. Irving served 13 months in prison in Austria for "glorifying ... the German Nazi Party."

Local Sex-Offender Residence Restrictions Invalidated In Aftermath of Religious Issue

After losing a free exercise challenge to sex offender restrictions that prohibited him from living within walking distance of a synagogue in Rockland County, New York (see prior posting), Yoel Oberlander succeeded last month in invalidating on other grounds a local law that created "pedophile-free child safety zones" in the county. In People v. Oberlander, (Sup. Ct., Jan. 22, 2009), a New York state trial court held that the local ordinance is pre-empted by a less restrictive state law. The lawsuit was filed after the Probation Department rejected 15 different residence locations proposed by Oberlander.

U.S. Withdraws From Further Participation In Durban II Conference

The U.S. State Department announced Friday (press release) that the U.S. is withdrawing from further participation in the United Nations Durban Review Conference and will re-engage only if dramatic revisions are made in the document being drafted for the Conference. It said the current draft "has gone from bad to worse." 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. Now, after preliminarily participating in planning sessions for Durban II (see prior posting), the U.S. essentially joins Canada and Israel which have already announced they will boycott this year's Conference. The U.S. is concerned not just about the anti-Israel focus of the current Conference draft document, but also about its endorsement of a ban on "defamation of religion" and its language on reparations for slavery.

However, attempting to maintain a U.S. presence in United Nations human rights efforts, the State Department also said the U.S. would return as an observer at this month's session of the U.N. Human Rights Council, even though it is concerned about the trajectory of discussions there. Reporting on developments, the Washington Post points out that the Bush administration withdrew HRC observers last June.

HHS Will Propose Repeal of Recent Health Care Conscience Regulations

The Washington Post today reports that the Obama administration will issue for comment a proposal to rescind the conscience regulations covering health care workers adopted in the final days of the Bush administration. Those rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. (See prior posting.) A Department of Health and Human Services spokesman suggested that the Obama administration favors a narrower rule protecting conscience rights of those who object to abortion, but it opposes the recent regulations that cover a wide range of other services as well. A compromise could arise after comments are filed during the 30-day comment period that will be provided.

James Dobson Steps Down As Chairman of Focus on the Family

James Dobson has stepped down as chairman of Focus on the Family, the conservative Christian pro-family group he founded in 1977. According to CBN News today, the 72-year old Dobson wants to make way for new, younger leadership. Jim Daly, president and CEO of the organization will take over as chairman. Dobson will continue to host the organization's daily radio program and speak out on moral issues. The AP says Dobson's move is part of a succession plan begun 6 years ago. Reactions both by Dobson's friends and detractors were quick to come. Gary Bauer, president of American Values and chairman of the Campaign for Working Families, said of Dr. Dobson and his wife Shirley: "They have been warriors for faith, family and freedom, and I trust they will continue to fight the good fight for many more years to come."

Barry W. Lynn, executive director of Americans United for Separation of Church and State, issued a statement saying in part: "Focus on the Family is merely rearranging the deck chairs on its big, intolerant ship. I do not expect this change to mean we will see any moderation in the rhetoric of Focus on the Family or its arm in Washington, the Family Research Council. For years, FOF has been the leading voice of religious extremism and intolerance in America."

Nonprofits Oppose Obama Budget Plan Limiting Some Charitable Deductions

President Obama yesterday released his budget proposals in a 140-page document titled A New Era of Responsibility: Renewing America's Promise. One provision is controversial among non-profit groups, including a number of religious organizations. For families with incomes over $250,000, itemized tax deductions (including charitable deductions) would be at only a 28% tax rate instead of 35%. The additional revenues generated would help expand health insurance coverage. Today's New York Times says that "wealthy donors and the nonprofit groups they support were in an uproar" over the proposal. However it goes on to report that surveys indicate few wealthy donors are likely to reduce their giving as a result of the change and many high-income donors are already capped at 28% because of the alternative minimum tax. A statement opposing Obama's plan issued by United Jewish Communities however argues that "any reduction in the tax benefits available for charitable giving will have a significant negative impact on giving."

State Department Releases Annual Country Reports on Human Rights

The U.S. State Department yesterday issued its 2008 Country Reports on Human Rights Practices evaluating strengths and weaknesses in each nation around the world. Concerns over restrictions on religious freedom and religious discrimination in various countries are among the broad range of human rights items covered. The press conference releasing the reports began with remarks by Secretary of State Hillary Clinton, followed by a briefing from Acting Assistant Secretary for Democracy, Human Rights and Labor Karen Stewart. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

Senate Votes To Ban Reimposition of Fairness Doctrine On Broadcasters

On an issue that has been seen as particularly important by religious broadcasters (see prior posting), the U.S. Senate yesterday voted 87-11 to prevent the Federal Communications Commission from repromulgating the Fairness Doctrine. In a separate amendment the Senate also voted to continue the policy of encouraging diversity in communication media ownership, and to require that the airwaves be used in the public interest.

AP, reporting on the amendments that were added to the District of Columbia Voting Rights Act, indicated that President Barack Obama has already said he does not intend to revive the Fairness Doctrine. Dan Gilgoff, on his God & Country blog, quotes Indiana Rep. Mike Pence who says: "The revival of the fairness doctrine is an existential threat to Christian radio. Requiring Christian stations to carry competing worldviews on issues like marriage and sanctity of life—these stations are ministries, and it's not something they're prepared to do." The Senate also added a gun rights amendment to the D.C. Voting Rights Act, and then by a vote of 61-37 sent the entire bill on to the House.

Illinois Moment of Silence Decision Will Be Appealed

Suburban Chicago Daily Herald reported yesterday that the Illinois Attorney General's office will file an appeal to the U.S. 7th Circuit Court of Appeals in Sherman v. Township High School District 214, (ND IL, Jan. 21, 2009). In the case, a federal district court enjoined enforcement of Illinois "Moment of Silence" law. The law calls for each school day to begin with a brief period of silence for prayer or reflection. (See prior posting.) [Thanks to Scott Mange for the lead.]

Group Criticizes German Laws On Teachers Wearing Religious Garb

Human Rights Watch yesterday released an extensive report titled Discrimination in the Name of Neutrality-- Headscarf Bans for Teachers and Civil Servants in Germany. The Executive Summary describes the Report's conclusions:

After examining the laws and policies in the eight German states that restrict the wearing of religious symbols, and how they are applied in practice, Human Rights Watch has found that they contravene Germany’s international obligations to guarantee individuals the right to freedom of religion and equality before the law. These laws (either explicitly or in their application) discriminate against Muslim women, excluding them from teaching and other public sector employment on the basis of their faith.

Those states that ban religious clothing but still allow Christian symbols explicitly discriminate on the grounds of faith. In any event, in all eight states the ban is applied specifically against Muslim women who wear the headscarf.... The measures effectively force women to choose between their employment and the manifestation of their religious beliefs, violating their right to freedom of religion and equal treatment.

Jurist discusses the Report, as does Deutsche Welle.

Arkansas Senate Committee Defeats Attempt To Allow Guns In Churches

In Arkansas, gun rights proponents have failed in their efforts to remove the state ban on carrying concealed weapons in churches. ABP reported yesterday that by a voice vote, a committee of the Arkansas Senate rejected HB 1237 that had been passed by the House (see prior posting). The bill would have amended the state's concealed-carry law to allow firearms in places of worship unless signs were posted by the church prohibiting them. Proponents of the measure had argued that "self-defense is a moral decision, and that decision should not be made for churches by the state."

9th Circuit: Treating Montana Church As Political Committee Violates Speech Rights

In Canyon Ferry Road Baptist Church of East Helena, Inc. v. Unsworth, (9th Cir., Feb. 25, 2009), the U.S. 9th Circuit Court of Appeals held unconstitutional the application of Montana's campaign finance laws to a Church that engaged in limited activities in support of a 2004 constitutional initiative banning same-sex marriage. The Church advertised and hosted a one-time screening of a video in support of the amendment and made petitions available in its foyer for signing. The state Commission on Political Practices held that the Church should have registered as an incidental political committee, and complied with reporting requirements. (See prior posting.) The 9th Circuit, however, held that

the designation of the Church as an "incidental committee" because of its one-time, in-kind "expenditures" of de minimis economic effect violates the Church's First Amendment free speech rights.

The court also held that the Commission's interpretation of "in-kind expenditures" is unconstitutionally vague. Judge Noonan concurring argued that the case should have been decided on Free Exercise grounds. (See prior related posting.) Yesterday's Great Falls (MT) Tribune reported on the decision.

Native Americans Need Amendment To Move Smudging Ceremony Back To Illinois

The Smoke Free Illinois Act that became effective January 1, 2008 broadly bans smoking in any building open to and used by the public. Smoking includes not just cigarettes and pipes, but also "carrying ... any kind of lighted ... weed, herbs, or any other lighted smoking equipment." The statute has no exemption for religious ceremonies. Yesterday the Hancock County (IL) Journal-Pilot reported that all of this has led a group of Native Americans to move their annual Standing Bear Winter Gathering from Illinois to Iowa. An important part of the Gathering is performing the "smudging ceremony." The ceremony involves holding a small bowl with a light amount of smoke coming out of it, and using a feather to guide the smoke over a person being ritually cleansed. Participants want Illinois to follow Iowa's example and enact an exemption from the no-smoking law for religious ceremonies. Spokesman Larry Cooper says that without the exemption, the law would also apply to incense used in Catholic and Hindu services.

SB 1685, creating an exemption for "smoking that is associated with a recognized religious ceremony, ritual, or activity," was introduced in the Illinois legislature on Feb. 19. So far it has only had its first reading in the state Senate.

Former AG Says Irish Charities Bill Mass Card Provision Is Unconstitutional

In Ireland, Sec. 99 of the Charities Bill 2007 bans the sale of any Mass card except pursuant to an arrangement with a bishop of the Church or a provincial of a religious order. The bill was recently passed by both Houses of Ireland's Oireachtas and earlier this week was sent to President Mary McAleese for her signature. According to today's Irish Times, former Attorney General John Rogers says the provision is an unconstitutional infringement of free exercise of religion protected by Article 44 of Ireland's Constitution.

Reactions To Summum Opinion Vary Widely

Reactions by religious groups to yesterday's Supreme Court decision in the Summum case are varied. Some groups, like Liberty Counsel, applauded the decision, saying: "This case means that the government will not be forced to include a display devoted to atheism every time it displays a Nativity scene." Becket Fund was pleased that the Court "recognized an important exception for invited 'private messages' installed on permanent public monuments."

Summum's attorney, Brian Barnard, has a different take on the case. He says the decision opens the way for him to amend the lawsuit to challenge the constitutionality of the 10 Commandments monument that is in Pioneer Park in Pleasant Grove City. (Salt Lake Tribune.) However the Keep the Commandments Coalition says: "This decision vindicates ... the tens of thousands of people who believed in preserving the public display of the timeless values of the Ten Commandments..." (Christian Newswire.)

Groups like the Interfaith Alliance were unhappy with the decision, saying that "it allows communities to favor one religious tradition over another." AJCongress essentially agrees. (JTA). However ADL, normally a supporter of church-state separation says: "The Court's appropriately narrow decision does not disturb the bedrock constitutional principle that government may not favor one religion over another." Finally, Legal Times praises Justice Alito for setting out (in a footnote) the full text of John Lennon's lyrics to the song "Imagine."

Developments On Anti-Semitism In Europe

This week brought two developments regarding anti-Semitism in Europe. According to JTA, British Prime Minister Gordon Brown became the first world leader to sign the London Declaration on Combating Anti-Semitism. The document was adopted last week by representatives of 40 countries at the first London Conference on Antisemitism. The Feb. 19 Jewish Chronicle reports on the Conference. Anti-Semitic incidents in Britain were at an all-time high in January in the wake of the conflict between Israel and Hamas in Gaza.

Meanwhile, in France 80-year old cartoonist Maurice Sinet (known as Siné) was acquitted Tuesday by a French court in Lyon on charges of inciting racial hatred against Jews. The charges In a controversial move last year, Siné was fired from the satirical weekly Charlie Hebdo over an article in which he wrote that Jean Sarkozy, son of French president Nicolas Sarkozy, "would go far in life" as a result of marrying a Jewish heiress and converting to Judaism. The International League Against Racism and Anti-Semitism then pressed criminal charges. JTA reports that the Lyon court based its acquittal on the right to "freedom of expression on religious sentiments," saying that an opinion that is shocking does not necessarily incite racial hatred. (See prior related posting.)

Supreme Court Says Utah City Is Not Required To Place Summum Monument In Park

The U.S. Supreme Court today handed down its decision in the major religion case on this term's docket. In Pleasant Grove City, Utah v. Summum, (Sup. Ct., Feb. 25, 2009), the Court ruled unanimously that a Utah city can refuse to allow a religious group, Summum, to put up a monument containing its "Seven Aphorisms" in a public park, even though a 10 Commandments monument and other monuments are already there. The city limits monuments to either those directly related to the city's history or those donated by groups with longstanding ties to the community.

Justice Alito wrote the Court's opinion, which was joined by all justices except Justice Souter. Four concurring opinions were also filed. Justice Alito wrote:

although a park is a traditional public forum for speeches and other transitory expressive acts, the display of a permanent monument in a public park is not a form of expression to which forum analysis applies. Instead, the placement of a permanent monument in a public park is best viewed as a form of government speech and is therefore not subject to scrutiny under the Free Speech Clause.

Justice Alito made it clear however that there are still some constraints on government speech, such as the Establishment Clause.

Justice Stevens' short concurrence (joined by Justice Ginsburg) expresses doubt about some of the Court's earlier "government speech" cases. He says that today's decision does "not give the government free license to communicate offensive or partisan messages" that violate the Establishment or Equal Protection clauses. Justice Scalia's short concurrence (joined by Justice Thomas) emphasizes that the park's existing 10 Commandments monument does not violate the Establishment Clause under existing precedent. He writes: "The city ought not fear that today's victory has propelled it from the Free Speech Clause frying pan into the Establishment Clause fire."

Justice Breyer, also writing a short concurrence, says that the "government speech" doctrine needs to be seen as "a rule of thumb, not a rigid category." He looks at whether the city has imposed a disproportionate burden on Summum's freedom of expression. Justice Souter wrote a separate opinion "concurring in the judgment." He rejects the majority's categorical classification of permanent monuments as government speech. He urges that, instead, the Court should ask "whether a reasonable and fully informed observer would understand the expression to be government speech, as distinct from private speech the government chooses to oblige by allowing the monument to be placed on public land."

The decision reverses a ruling by the 10th Circuit in the case below. (See prior posting.) The New York Times reports on today's decision. [Thanks to Joel Sogol for being the first to report this on Religionlaw listserv.]

Presidential Events Around the Country Are Being Opened by Vetted Prayers

In a little-noticed development, President Barack Obama's town halls and speaking events around the country are being opened with invocations from invited clergy. Yesterday's U.S. News & World Report says that in an unprecedented move, the White House is not only asking clergy who are recommended by local politicians to deliver opening prayers, but is requiring vetting of the text with the White House Office of Public Liaison before it is delivered. The practice has so far not engendered controversy because the prayer is delivered before the President arrives at the event, and before cable television begins its coverage.

At least three recent events have followed this pattern: a town hall in Elkhart, Indiana; a speech in Ft. Myers, Florida on the stimulus bill; and an appearance near Phoenix (AZ) to unveil the mortgage bailout plan. At the Phoenix event, the invocation was delivered by a member of the Tohono O'odham Nation. He was required to depart from the Native American practice of improvised prayer, writing his text in advance so it could be e-mailed to the White House. Barry W. Lynn, executive director of Americans United, complained: "The only thing worse than having these prayers in the first place is to have them vetted, because it entangles the White House in core theological matters."

Wiccan Prison Chaplain Loses Equal Protection and Retaliation Claims

In McCollum v. California, 2009 U.S. Dist. LEXIS 13580 (ND CA, Feb. 23, 2009), a volunteer Wiccan prison chaplain claimed that the California Department of Corrections and Rehabilitation has not given him the same access to prisoners and facilities as it gives to chaplains of other faiths, and that it retaliated against him because of his complaints about the treatment of Wiccans in California prisons. The court held that plaintiff had not shown sufficient evidence of disparate treatment to support his equal protection claim. Nor had he proven that the temporary suspension of his volunteer privileges or the failure to hire him for a position for which he applied were because of his exercise of 1st Amendment rights. (See prior related posting.)

Rights Group Charges Continued Religious Infringements At Guantanamo

The Center for Constitutional Rights on Monday released a report titled Conditions of Confinement at Guantanamo: Still in Violation of the Law. The report focuses on conditions during January and February of 2009, saying in part:

The men detained at Guantánamo continue to suffer from religious humiliation and the inability to engage in religious practices. Continued religious abuses include the invasion of privacy and unnecessary forced nudity, the denial of the right to pray communally, and the deprivation of a Muslim Chaplain.