Religion Clause

Monday, March 02, 2009

City's Construction Aid To Historic Church Is Questioned

In 2005, Carson City, Nevada city officials refused to grant First Presbyterian Church a permit to tear down its historic building and construct a new one. The old building, located in an historic district, had ties to Mark Twain who helped build it in the 1860's. However, the city did agree that it would aid the congregation fund the cost of a new building on an adjacent site. In 2006, the city gave the church $67,700 for design costs, and last month supervisors voted the church another $78,800 for sidewalks, landscaping and roof repairs. Now, according to yesterday's Los Angeles Times, Americans United says the funding raises a church-state issue, and threatens to file suit if the Board of Supervisors does not rescind last month's vote.

UPDATE: The Los Angeles Times reported on April 6 that Americans United has decided not to sue at this time because of the reluctance by courts to force religious institutions to return funds already awarded. However AU says it will sue if the city decides to make any more payments in the future.

Malaysia Will Permit Christian Publications To Use Term "Allah"

In Malaysia, the government's Home Ministry has issued an order under the internal Security Act declaring that the use of the word "Allah" in Christian publications is no longer prohibited. The Sun reported last week however that the Feb. 16 order requires any Christian publication using the term to carry in large type on the front cover the statement: "FOR CHRISTIANITY." The newspaper Catholic Herald has been in a dispute for some time with government officials over the paper's use of the term. (See prior posting.) The paper is studying the implications of the new order. (The Star 2/27.)

Sunday, March 01, 2009

California Muslims Distressed After Disclosure of FBI Infiltration of Mosques

Today's Los Angeles Times reports that local Muslims are dismayed after revelations last week that during 2006 and 2007 the FBI used an informant to attend several Orange County (CA)mosques to gather evidence against Afghanistan-born Ahmadullah Sais Niazi who authorities say had ties to Al Qaeda. Since the disclosures, some Muslims are avoiding mosques and praying at home. Others are reducing their contributions to mosques to avoid attracting attention, or donating in cash to avoid creating records. Some mosques are asking speakers to avoid issues like U.S. foreign policy in their sermons.

Episcopal Diocese Sues To Gain Title To Property of Dissident Philadelphia Parish

Last week, according to Virtue Online, the Episcopal Diocese of Pennsylvania filed suit in a Pennsylvania state court seeking to recover the property and assets of Philadelphia's Rosemont Church of the Good Shepherd. While the parish has not formally dissociated itself from the Episcopal Church, the complaint (full text) in Protestant Episcopal Church of the Diocese of Pennsylvania v. Church of the Good Shepard Rosemont, Pennsylvania, (Com Pl, filed 2/19/2009), alleges that those in control of Good Shepard no longer consider the parish to be a constituent part of the Diocese of Pennsylvania or the Episcopal Church. It says that the parish has ceased to act in accord with the Constitution and Canons of the Episcopal Church. In 2002, Bishop Charles Bennison inhibited and "deposed" the parish's leader, Rev. David Moyer, who has been ordained as Bishop by the more conservative Traditional Anglican Union. Last year, a state trial court rejected Moyer's suit that claimed the diocese engaged in fraud when it asserted that Moyer had "abandoned the communion of the Episcopal Church." (See prior posting.)

Catholic Cardinal May Be Appointed To House of Lords for First Time In 500 Years

AP reported yesterday that for the first time in nearly 500 years, a Catholic Archbishop may be appointed to Britain's House of Lords. Prime Minister Gordon Brown raised speculation on the possibility in response to a reporter's question ofnwhether Cardinal Archbishop Cormac Murphy-O'Connor who is retiring later this year is in line for a seat. Brown responded: "These are things to be discussed at a later stage." There are 26 bishops from the Church of England in the House of Lords, and retired chief rabbis have been appointed.However relations with the Catholic Church have been an issue since the 16th century when King Henry VIII broke with the Vatican over its refusal to grant him an annulment.

Questions Continue On Improper Proselytizing In Military

Today's New York Times reports that questions persist on whether the military continues to be involved in improper religious proselytizing. An official military suicide-prevention video shows former Pittsburgh Steelers quarterback Terry Bradshaw talking about how Christian prayer helped him through bouts of depression. The Pentagon says it has received 50 complaints of religious discrimination from all branches of the military from 2005 to 2007. In another incident, a former Air Force Reserve fighter pilot says he received a negative certification and ultimately lost his flying certification after writing a letter complaining about Christian prayers at homecoming ceremonies for service personnel returning from Iraq and Afghanistan. A lawsuit challenging improper promotion of religion in the military is pending in federal court. (See prior posting.)

Meanwhile, the Obama administration may be more sympathetic to complaints about church-state breaches in the military than was the Bush Pentagon. Last week for the first time, a member of the Joint Chiefs of Staff met with activist Mikey Weinstein, head of the Military Religious Freedom Foundation. Air Force chief of staff, Gen. Norton A. Schwartz, acknowledged to Weinstein that there is a problem. But retired General Bruce L. Fister, executive director of the Officers’ Christian Fellowship, said: "the problem is that Christians are going to operate one way or the other, and whenever the church has been persecuted, it’s grown stronger."

Nebraska Appeals Court Dismisses Suit Against God

AP yesterday reported that the Nebraska Court of Appeals has dismissed a lawsuit filed by former state Senator Ernie Chambers against God, seeking an injunction to stop His causing, death destruction and terror through various natural disasters. Last October, a Douglas County (NE) trial judge dismissed to suit because God had not been served with process. (See prior posting.) Chambers appealed arguing that since God is all-knowing, defendant has notice of the lawsuit. Now the Court of Appeals has vacated the judgment saying that courts will not decide abstract questions or hypothetical or fictitious issues.

Likely Nominee To Head EEOC Is Disclosed

The Washington Post reported Saturday that Cassandra Butts is likely to be President Obama's nominee to chair the Equal Employment Opportunity Commission. Butts, a former Harvard Law School classmate of Obama's, is currently deputy White House counsel. Formerly she had positions with NAACP Legal Defense Fund, was on House minority leader Richard Gephardt's staff and was a senior vice president for domestic policy at the Center for American Progress. The EEOC enforces federal employment discrimination laws, including laws banning religious discrimination in employment.

Saturday, February 28, 2009

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.

Friday, February 27, 2009

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."