Home School Order In Custody Case Draws National Attention

As reported by ABP, a custody order entered earlier this week in a divorce action in North Carolina has generated a wave of protest among conservative groups and home school advocates. The court sided with the father's request that the three children no longer be home schooled by the mother, but instead be returned to public school. Stories, such as one in the Raleigh News & Observer, quote the mother, Vanessa Mills, who said that the home school issue was being used to distract attention from her husband, Robert Mills', adultery. Now the written opinion in Mills v. Mills, (NC Gen. Ct. Jus., March 17, 2009) has become available and paints a different picture.

In extensive Findings of Fact, the judge concluded that both parents were very religious and until 2005 the family attended a local church together. The Mills' marriage broke down, however, because Vanessa joined, and came under the influence of, the Sound Doctrine Church, described by a number of witnesses as a cult. Vanessa then began to home school the children though Robert was reluctant and only approved this as a temporary measure. The court found that a portion of the home schooling involved communication by phone and web cam with Sound Doctrine members in Washington state. The court concluded that it is in the best interest of the children to expose them "to more than just the experiences that Vanessa Mills desires." The court added that this "will not infringe upon either party's right to practice their own religion and expose their children to the same."

Hospice Chaplain Protests Request For Secular Remarks At Staff Meetings

The non-profit Hospice by the Sea in Boca Raton, Florida, finds itself in the midst of a controversy after its CEO issued what she thought was a minor administrative directive. Paula Alderson wanted chaplains to close staff meetings with an inspirational thought that is secular in tone. She asked them not to use terms such as "God" or "Holy Father" in their remarks, in order to assure that the hospice's diverse staff was comfortable. (March 18 statement on Hospice website.) However, according to Wednesday's South Florida Sun-Sentinel, Christian chaplain Rev. Mirta Signorelli has resigned in protest, saying: "I can't do chaplain's work if I can't say 'God' — if I'm scripted." She says the policy-- which she describes as a directive to cease and desist from using God in prayers-- has a chilling effect that goes beyond staff meetings. None of the hospice's other six chaplains have raised objections. [Thanks to both Jefferson Gray and Joel Katz (Relig. & State In Israel) for leads.]

Amish Landowner Sentenced To Jail For Refusing To Comply With Sanitary Code

AP reported on Tuesday that a trial court in Ebensburg, Pennsylvania sentenced Andy Swartzentruber, a member of a conservative Amish sect, to 90 days in jail for refusing to comply with sewage code requirements in connection with two outhouses on property he owns. He was also fined $1000 for contempt. An Amish school, attended by 18 students, is located on Swartaentruber's property. The court also ordered it and the outhouses padlocked. In the long-running case, Swartzentruber had previously been fined $500 and ordered to stop dumping untreated sewage onto the ground by installing a holding tank and using a certified sewage hauler. (See prior posting.) Attempts at compromise have not been successful. While the Amish community is willing to pay for a permit, Swartzentruber has religious objections to permitting inspectors to take soil samples.

Reporting on the trial, the Johnstown (PA) Tribune-Democrat said that the judge's ruling seemed to stun members of the Amish community in attendance.The order to close the Amish school now poses the issue of how the Amish community will comply with the state's compulsory education requirements. After sentencing, Swartzentruber told the judge that he wants no TV or electricity in his cell. However the jail's warden said that Swartzentruber will be placed in a standard cell with electric lights.

Companies Lose Attempt To Force Autopsy Over Religious Objections

The Newark Star-Ledger reports that Honeywell International and Chrysler Motor Corp. have lost their bid to further delay the burial of Harold St. John who had sued the companies and others for damages, alleging that his mesothelioma was caused by exposure to their products used in an auto-repair shop in which he worked. St. John died on Feb. 28, two days before his trial was to begin. A New Jersey appellate court ordered his burial delayed while it heard arguments over religious and moral objections to an autopsy raised by St. John's family. That order was served on the funeral director on March 4, just moments before the funeral. Now, in St. John v. Affinia Group, Inc., (NJ App. Div., March 18, 2009), the New Jersey appellate court concluded that the companies had not shown that lung tissue from the requested limited autopsy would likely lead to evidence that would be significant at trial. Therefore, it concluded, an autopsy should not be ordered over the objections of St. John's family and St. John's burial should proceed.

Kazakhstan President Agrees With Invalidation of Religion Law Changes

Forum 18 reported Tuesday that Kazakhstan's President Nursultan Nazarbaev will not challenge last month's decision by the Constitutional Council ruling that recently enacted amendments to the country's religion laws are unconstitutional. (See prior posting.) The President had referred the amendments to the Council instead of signing them after Parliament approved them. He now says he agrees with the Constitutional Council's ruling and the Prime Minister's office says it has no plans to introduce a new religion law. It appears that the now-rejected law was never the product of the Prime Minister's office, but instead came from members of Parliament who circulated it to the Justice Ministry's Religious Affairs Committee for comment. Parliamentary supporters of the new law are not sure whether they will attempt to enact other sorts of restrictions. One supporter, Berik Bekzhanov, says that he is still concerned with groups such as Jehovah's Witnesses.

Teen Challenge Sues Over Zoning Denial By North Carolina City

Monday's Elizabeth City, North Carolina Daily Advance reports that a lawsuit was filed in a North Carolina federal district court last week challenging Elizabeth City's refusal to permit Albemarle Teen Challenge to operate a residential addiction treatment center for women in an historic district in the city. Teen Challenge offers a "Christian faith-based solution to life-controlling drug and alcohol problems." The lawsuit claims that the city's rejection of a rezoning request and the Board of Zoning Adjustment's classification of the proposed facility as a "boarding house" for zoning purposes, violate the Americans with Disabilities Act, the Fair Housing Act and RLUIPA.

Obama Picks Author of Indiana Legislative Prayer Decision For 7th Circuit Vacancy

In his first judicial nomination, President Barack Obama yesterday selected Indiana federal district judge David Hamilton for a seat on the U.S. 7th Circuit Court of Appeals. (White House press release.) Hamilton was the author of two related 2005 opinions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.) Ultimately the 7th Circuit dismissed the case on standing grounds. (See prior posting.) Judge Hamilton, whose nomination must be confirmed by the Senate, was supported by both Indiana senators, Democrat Evan Bayh and Republican Richard Lugar. Reporting on the nomination, the AP says that the American Bar Association has resumed its historical role in evaluating judicial nominees-- giving Hamilton a "well qualified" rating. The Bush administration did not consult the ABA on its judicial picks.

9th Circuit Upholds Law School's Non-Discrimination Rules For Student Groups

Just one week after oral argument (see prior posting), the U.S. 9th Circuit Court of Appeals issued a one-paragraph decision in Christian Legal Society v. Kane, (9th Cir., March 17, 2009), upholding the right of Hastings College of Law to impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. Citing its decision last year in In Truth v. Kent School District, the court said:

The parties stipulate that Hastings imposes an open membership rule on all student groups—all groups must accept all comers as voting members even if those individuals disagree with the mission of the group. The conditions on recognition are therefore viewpoint neutral and reasonable.

Yesterday's San Francisco Chronicle reports on the decision.

Obama and Catholic Bishops' Head Meet At White House

Yesterday, President Barack Obama met at the White House with Cardinal Francis George, President of the United States Conference of Catholic Bishops. Cardinal George is also Archbishop of Chicago. Both the White House and the U.S. Conference of Catholic Bishops issued short and cryptic press releases about the 30 minute meeting. The releases indicate that the meeting discussed the relationship of the Church in the U.S. to the Administration and opportunities for continued cooperation in solving the nation's problems.

Last November, shortly after Obama's election victory, Cardinal George issued a statement welcoming the opportunity of working with the new administration and Congress, but stating: "If the election is misinterpreted ideologically as a referendum on abortion, the unity desired by President-elect Obama and all Americans at this moment of crisis will be impossible to achieve." (See prior posting.) In their respective releases on yesterday's meeting, the White House said: "The President thanked Cardinal George for his leadership and for the contributions of the Catholic Church in America and around the world." The USCCB said: "Cardinal George expressed his gratitude for the meeting and his hopes that it will foster fruitful dialogue for the sake of the common good."

Massachusetts High Court Rejects Suit Against Episcopal Diocese In Sex Case

In Petrell v. Shaw, (MA Sup. Jud. Ct., March 16, 2009), the Massachusetts Supreme Judicial Court dismissed a lawsuit against the Episcopal Diocese of Massachusetts and three of its bishops brought by parishioner Carolyn Petrell who had been in a sexual relationship with her parish rector, August Rakoczy, after she went to him for family counselling. Soon after Petrell ended the relationship, Rakoczy was admitted to a psychiatric facility and renounced his vows in anticipation of being deposed from the Episcopal priesthood. The Court rejected the claim that defendants owed Petrell a fiduciary duty of care to protect her against sexual exploitation by a member of the clergy. The court also rejected the argument that defendants were vicariously liable for the Rakoczy's wrongful actions. Finally, the court found no negligent hiring, supervision or retention of the Rakoczy by defendants, saying:

The delicate balance between the freedom to exercise religion and the demands placed on all persons (clerical and others) by civil law, requires us to proceed cautiously in a controversy where we are asked to hold that a religious institution's reliance on its own written policy governing the response to reports of a clergy's sexual misconduct with an adult parishioner gives rise to liability under civil law.

Yesterday's Quincy (MA) Patriot Ledger reports on the decision and on further background of the case.

Durban II Draft Revised To Remove "Defamation of Religion" Language

Less than a month after the United States announced that it was withdrawing from participation in the United Nations Durban Review Conference and would re-engage only if dramatic revisions were made in the draft resolution for the Conference, the U.N. human rights office in Geneva announced substantial changes in the draft declaration. (Associated Press, 3/17.) References to "defamation of religion" have been removed and the draft now only expresses concern about the "negative stereotyping of religions." Also direct references to Israel have been removed from the draft.

Attempts over the past several years by the Organization of the Islamic Conference to enshrine "defamation of religion" as an offense under international law have generated substantial controversy. (See prior posting.) The group UN Watch (affiliated with the American Jewish Committee) still has some problems with the Durban II draft. Language referring to sexual orientation discrimination has been removed. Also, the draft still takes the position that religions themselves — not just religious believers — should be protected under human rights law. Western diplomats had no immediate comment on the changes, other than to say they were moving in the right direction. (See prior related posting.)

U.S. Muslim Groups May Cut Outreach Efforts With FBI

In a press release yesterday, the American Muslim Taskforce on Civil Rights and Elections (AMT) announced that it is considering suspending ongoing outreach efforts with the FBI. The move was triggered by a number of recent incidents in which the FBI has sent undercover agents into mosques (see prior posting), as well as by concerns over the FBI's naming several major American Muslim groups as "unindicted co-conspirators" in connection with the trial of the Holy Land Foundation in Dallas, Texas. (See prior related posting.) Ten U.S. Muslim groups signed the AMT statement.

Pope, On Plane To Africa, Says Condoms Are Not The Way To Fight AIDS

Speaking aboard his plane on the way to Cameroon yesterday, Pope Benedict XVI created a new controversy in answering questions submitted in advance by reporters. Responding to a question about the AIDS epidemic on the African continent, the Pope said the Catholic Church is in the forefront of the battle against the disease. However, he added: "You can't resolve it with the distribution of condoms. On the contrary, it increases the problem." The Associated Press, reporting on the start of the Pope's week long trip to Africa, quotes the response of an employee in Cameroon's Ministry of Urban Development: "What the pope says is an ideal for the Catholic church. But he needs to look at the realities on the ground." Landing in Cameroon, the Pope was greeted by the country's President, Paul Biya.

Canadian Science Minister's Beliefs On Evolution Create Controversy

In Canada, Minister of State for Science and Technology, Gary Goodyear, has created a good deal of controversy by refusing to answer a question about whether he believes in evolution. According to a Toronto Globe & Mail report yesterday, Goodyear responded to a reporter's question about his beliefs by saying: "I'm not going to answer that question. I am a Christian, and I don't think anybody asking a question about my religion is appropriate." However, in a subsequent TV appearance, Goodyear when asked whether he believes in evolution, responded: "Of course I do. But it is an irrelevant question.” (Toronto Globe & Mail). A budget crunch in Canada has led to cutting of science funding. Goodyear and the government have been criticized for neglecting basic research and directing resources instead towards applied research in areas such as the automotive and forestry industries. CBC News reports on the reactions from various scientists and medical personnel.

Israel's High Court Reaffirms Required Religious Accommodation For Fencing Championships

In a decision handed down yesterday, Israel's High Court of Justice refused to lift an interim order it issued last year requiring that national fencing championship organizers accommodate the Sabbath observance of competitor Yuval Freilich-- holder of the national title in the 13 and under category. (See prior posting.) YNet News reports that the court suggested the parties reach an agreement or have the matter arbitrated by the Israel Sports Association. The court said that its interim order would be null and void if the Israel Fencing Association either arranges for Freilich to participate in matches only after the conclusion of the Sabbath, or alternatively awards him technical wins for matches on the Sabbath that he misses. [Thanks to Joel Katz of Religion and State in Israel for the lead.]

Suit Against Monastery May Proceed Over 1st Amendment Objections

Hoyle v. Dimond, 2009 U.S. Dist. LEXIS 20051 (WD NY, March 9, 2009), is a suit for return of over $1.2 million in assets transferred to the Most Holy Family Monastery by Eric Hoyle who entered the monastery to become a Benedictine monk. The amended complaint which this decision permitted to be filed raises ten causes of action, including fraud, misrepresentation, unjust enrichment, deceptive trade practices and RICO violations. It also seeks an accounting. The dispute arose when Hoyle learned that the monastery was not affiliated with the Order of St. Benedict. At that time he withdrew and demanded back his worldly assets that he had turned over to the monastery.

In this decision, a New York federal district court rejected the monastery's First Amendment defense that adjudicating the claim would involve the court in interpreting religious doctrine. While leaving open the possibility that the defense could be raised again later, the court concluded that for now it appeared that it was merely being asked to determine the neutral fact of whether the Monastery was affiliated with the recognized Order of St. Benedict, and not a religious dispute of whether defendants can be "Benedictines" without being affiliated with the recognized order.

5th Circuit Upholds Texas Moment of Silence Law

In Croft v. Governor of the State of Texas, (5th Cir., March 16, 2009), the U.S. 5th Circuit Court of Appeals upheld the Texas moment of silence statute against an Establishment Clause challenge. The statute, as amended in 2003, requires "the observance of one minute of silence" at every Texas school, during which "each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student." The Court concluded:

the Amendments are constitutional and satisfy all three prongs of the Lemon analysis. There is no excessive entanglement, and the primary effect of the Amendments is not to advance religion. The most difficult prong—for this and for moment of silence statutes generally—is legislative purpose. But our review of legislative history is deferential, and such deference leads to an adequate secular purpose in this case.... Here, that intent was to promote patriotism and allow for a moment of quiet contemplation.

The San Angelo Standard Times reported on the decision yesterday. (See prior related posting.)

Reconversion Out of Islam Continues As Issue In Muslim Countries

In Muslim countries, court battles over the recognition of conversions out of Islam to another religion continue. In the Malaysian state of Penang, the Sharia Appeal Court has issued one of the rare decisions permitting a woman to renounce Islam and convert back to Buddhism. According to Reuters yesterday, the court held that Tan Ean Huang, an ethnic Chinese woman, had purportedly converted to Islam in 1998, as required by Malaysian law in order to marry a Muslim man. The court concluded, however, that she has never followed Islamic teachings and has been living a non-Muslim lifestyle, making the validity of the original conversion doubtful.

Meanwhile, in Egypt a lawyer has filed suit against the Minister of Interior seeking to make it easier for Christian converts to Islam to reconvert to Christianity. Currently Egyptian law requires a court to approve the reconversion. According to Monday's Christian Today, the lawsuit seeks to require the government to recognize a certificate of conversion from the Coptic Patriarchate as sufficient, just as a decree from Al-Azhar is sufficient for conversion into Islam.

Cardinal Says International Law Precludes Sale of Vatican Art for African Food

Article 18 of the 1929 Conciliation Treaty (full text) between Italy and the Vatican provides: "The artistic and scientific treasures existing within the Vatican City and the Lateran Palace shall remain open to scholars and visitors..." Apparently this is the provision referenced by Cardinal Paul Josef Cordes at a press conference Friday in response to a question about a widely-circulated online petition. In anticipation of the Pope's trip to Africa that begins today, Alberto Juesas Escudero of Spain obtained 40,000 signatures on a petition circulated through Facebook that calls on the Vatican to exchange its treasures for food for Africa. Zenit quotes Cardinal Cordes, president of the Pontifical Council Cor Unum, who said that the Church "has the duty to conserve the works of art in the name of the Italian state. It cannot sell them." Thus, he says, international law makes the exchange of art for food an impossibility.

Egyptian High Court Says Baha'is Can Get ID Cards Without Religion Listed

In an important decision handed down on Monday, Egypt's Supreme Administrative Court held that Baha'is in the country can obtain official identification cards with no religious preference listed on them. Previously the government had required Baha'is to list one of the three official religions-- Islam, Christianity or Judaism-- on their identity papers. In practice, Baha'is often refused to do so and went without the identification papers needed to access education and health care. Yesterday's Gulf News, reports on the decision that ends a 5-year legal battle. A spokesman for Egyptian Initiative for Personal Rights described the result as "a victory for civic rights for all Egyptians." (See prior related posting.) The decision, however, does not overrule a 2006 ruling by the same court that bars affirmative listing of the Baha'i faith on ID cards. (See prior posting.)

UPDATE: Human Rights Watch reported in an April 15 article that the Court's decision has been implemented. On March 19 Interior Minister General Habib al-Adly signed a decree (full text in Arabic) instructing officials in the Civil Status Department of the ministry to place a dash before the line reserved for religion in the official identification documents of Egyptian citizens who demonstrate that they or their ancestors were followers of a non-recognized religion. The decree was published in the Official Gazette on April 14 and entered into force on April 15.