Religion Clause

Thursday, March 26, 2009

Serbian Parliament Passes Anti-Discrimination Law

AP reports that Serbia's parliament today narrowly passed an anti-discrimination bill, despite objections from the Serbian Orthodox Church and others. The bill bans discrimination based on religion, race, gender, sexual orientation and various other grounds. The new law will align Serbia with directives of the European Union and further Serbia's efforts to become a member of the EU-- and its more immediate goal of obtaining rights for Serbian citizens to travel to EU countries without a visa. Church objections focused on a number of provisions, but particularly the ban on discrimination based on sexual orientation. The vote in Parliament was 127-59, with other members absent for the vote. At least 126 votes in the 250-member Parliament were required for passage.

Tajikistan's President Signs Controversial New Religion Law

Tajikistan's President Imomali Rakhmon today signed a controversial new religion law, according to a report from Reuters. Last week the U.S. Commission on International Religious Freedom criticized the law, saying:

If signed, the law will legalize harsh policies already adopted by the Tajik government against its majority Muslim population, including the closure of hundreds of mosques and limiting the religious education of children. Moreover, the law will impose state censorship on religious literature, restrict the conduct of religious rites to officially-approved places of worship and allow the state to control the activities of religious associations....

The new religion law places onerous restrictions on the Muslim community, such as limiting the number of mosques based on the number of local residents and imposing state interference in the appointment of imams. The preface to the law singles out the Hanafi school of Sunni Islam for its "special role" in the development of Tajikistan's "culture and moral life," downplaying the significance of the Shi'a Ismaili minority, which lives in Tajikistan's Mountainous Badakhshan Region.

The law will also cause difficulties for Tajikistan's other religious minorities by dramatically increasing the numerical threshold for registration requirements, as well as requiring the founders of a religious group seeking registration to certify that they have lived in their territory for at least five years and adhered to the religion. The law also requires that a religious community obtain consent of the Religious Affairs Committee to invite foreigners or attend religious conferences outside the country.

The new law will come into force once it is officially published by the government.

Arizona Supreme Court Invalidates Two School Voucher Programs

In Cain v. Horne, (AZ Sup. Ct., March 25, 2009), the Arizona Supreme Court held that two school voucher programs-- one for children with disabilities and the other for children in foster care-- violate the state constitutional prohibition on appropriating public money in aid of any private or sectarian school. (AZ Const., Art. 9, Sec. 10). The court concluded that this "Aid Clause" is neither a mirror image of the provision in Art. 2, Sec. 12 of the state constitution that bars the appropriation of public money for religious instruction, nor is it identical in scope to the federal Establishment Clause. Focusing on the Aid Clause, the court stated:

For all intents and purposes, the voucher programs do precisely what the Aid Clause prohibits. These programs transfer state funds directly from the state treasury to private schools. That the checks or warrants first pass through the hands of parents is immaterial; once a pupil has been accepted into a qualified school under either program, the parents or guardians have no choice; they must endorse the check or warrant to the qualified school.

Arizona Capitol Times reported on the decision yesterday.

RNC Chairman Says Future Presidential Run Depends On God's Will

CNN reported yesterday on its interview with Republican National Committee Chairman Michael Steele. Asked by reporter Don Lemon whether he might consider running for President some day, Steele replied:

God has a way of revealing stuff to you, and making it real for you, through others. And if that's part of the plan, it'll be the plan….[If I run] it'll be because that's where God wants me to be at that time.

British Equality Commission Publishes List of Most Powerful Muslim Women In UK

Britain's Equality and Human Rights Commission this week, in cooperation with The Times and Emel magazine, has published Muslim Women Power List 2009. The list honors Muslim women who are leaders in business, civil service, arts, media or the public sector. (Background). Ranked as the most powerful Muslim woman in Britain was Baroness Sayeeda Warsi, the Conservative Shadow Minister for Community Cohesion and Social Action. The full list is on a website devoted to the award. However, writing in the Telegraph, columnist Damian Thompson asks "why is public money being spent" or this project that seems more appropriate for funding by the Muslim community.

NY Court Says Contract To Sell Church Land Was Valid Without Court Approval

In Hermandad Y Asociados, Inc. v Movimiento Misionero Mundial, Inc., (NY Sup. Ct., March 6, 2009), a New York state trial court interpreted Sec. 12 of the New York Religious Corporations Law. The section requires court approval for the sale, mortgage or long-term lease of church property. The court concluded, however, that the section does not prohibit a church from contracting to sell its property, so long as judicial approval is obtained before the property is actually conveyed. Ultimately, however, the church was excused from performance under the contract because the other party to it, a developer, had committed material breaches.

Wednesday, March 25, 2009

Court Invalidates Rule On Green Card Applications By Foreign Religious Workers [Revised]

In Ruiz-Diaz v. United States, (WD WA, March 23, 2009), a Washington federal district court invalidated a federal regulation (8 CFR 245.2) that makes it more difficult for foreign religious workers to obtain permanent residency status than various other foreign workers. The court concluded that the rule is "an unreasonable and impermissible construction of the governing statute." The rule was apparently adopted because the U.S. Citizenship and Immigration Service believes that there is a higher incidence of fraudulent applications among religious workers. An AP report explains:

Under the Department of Homeland Security's policy, religious workers who came to the U.S. on a typical five-year temporary visa were not allowed to file for permanent residency — their green card — until a separate visa petition by their employer had been approved. The problem was that it frequently took a long time for the government to approve those visa petitions — and by the time it did, the religious workers had left the country because their temporary visas had expired....

Workers in other categories, such as aerospace and technology, are allowed to file for permanent residency before, not after, their employer's visa petition is approved, and can remain in the country while their application is pending....

(See prior related posting.)

Court Says Property of Break-Away Parish Remains With Colorado Episcopal Diocese

In Grace Church and St. Stephen's v. Bishop and Diocese of Colorado, (CO Dist. Ct., March 24, 2009), a Colorado state trial court held that all the property of a break-away Colorado Springs parish belongs to the Episcopal Church of the United States and the Diocese of the State of Colorado. The parish, now aligned with the more conservative Convocation of Anglicans in North America, was ordered to cease using the parish property immediately and to turn over financial records and other documents within 30 days. In reaching its decision, the court concluded that:

the founding documents, various bylaws, relevant canons of the general church and consistent parish loyalty to the Diocese over most of its 135 year existence ... reflects the intent that all property held by the parish would be dedicated to an utilized for the advancement of the work of ECUSA.

Virtue Online says that the building at issue is a majestic Gothic style church that is an historic landmark valued at $17 million. It reports on the reaction of Father Donald Armstrong, rector of Grace Church & St. Stephen's. Episcopal Life reports on the reaction of Diocese of Colorado Bishop Robert J. O'Neill and other officials of the continuing congregation. It also says that "Armstrong, who became rector of the congregation in 1987, is the subject of an ongoing criminal investigation into allegations he misappropriated parish funds." Today's Washington Times also reports on Tuesday's court decision. (See prior related posting.)

Israel's Chief Rabbinate Charges Wedding Ad By Masorti Movement Is Fraudulent

In Israel, an attorney for the Chief Rabbinate has written the Israel Broadcasting Authority (IBA) complaining about a radio ad it is broadcasting on behalf of the Masorti Movement. Yesterday's YNet News reported on the ad which encourages couples to consider marrying in a wedding ceremony performed by a Conservative rabbi instead of in an Orthodox ceremony performed by the Chief Rabbinate. The Rabbinate's chief attorney, Shimon Ullman, told IBA that the ad is fraudulent and deceitful because it does not inform listeners that Conservative weddings performed in Israel are not recognized by governmental authorities in the country. Ullman's letter called the Masorti Movement "an organization that undermines official state institutions." A spokesman for the Masorti Movement says that it advises all marriage applicants that its ceremonies are not recognized by the state, and it recommends that couples also hold a civil ceremony outside the country so that their marriage can be registered with the Interior Ministry.

9th Circuit Finds Chinese Christian Refugee Has Fear of Political Persecution

In Li v. Holder, (9th Cir., March 23, 2009), the U.S. 9th Circuit Court of Appeals held that the Board of Immigration Appeals wrongly rejected an application for asylum by Xun Li, a former member of a Christian house church in China who had come to the U.S. after Chinese police questioned him, beat him and sent him to a labor camp. The action was taken against Li because he had given shelter to two North Korean Christians who had fled to China. The court concluded that this created a presumption that Li had a well-founded fear he would suffer persecution on account of his political opinion if he returned to China. It disagreed with the Immigration Judge's conclusion that Li merely faced legitimate prosecution in China since no Chinese law banned giving assistance to illegal aliens. In a 31-page opinion, the court explained:

Li refused to obey the nebulous, unwritten policy that undocumented North Korean refugees should receive no aid from Chinese citizens, rather than leaving the refugees to starve, abject and unsheltered, or reporting them to the government to face repatriation and possible execution. Li was motivated by a moral obligation to protect and ease the suffering of the refugees... Though Li did not explicitly state his political disagreement with the policy until he was detained and interrogated, his actions clearly indicated his opposition before that point. One who is persecuted for protesting with lawful deeds is just as worthy of asylum under our laws as one who protested with words.... Thus, Li's defiance of his government's unofficial policy gives rise to an inference that the ensuing attacks and beatings were on account of his political opinion, particularly when no other logical explanation for the attacks exists....

Concluding that Li had been subjected to political persecution, the court did not need to reach his claim of religious persecution, even though Chinese police had also questioned Li about his church affiliation. The court remanded the case for a determination of whether changed country conditions rebut the presumption of fear of future persecution. National Law Journal reports on the decision. [Thanks to Alliance Alert for the lead.]

Episcopal Priest Designated Chief Judge of U.S. Court of Federal Claims

On Monday, the White House announced that President Obama has designated U.S. Court of Federal Claims Judge Emily C. Hewitt to serve as Chief Judge of the court. The promotion took effect on March 11. Episcopal Life reports that Hewitt is an Episcopal priest. She was one of the eleven women ordained to the priesthood in 1974 in contravention of then-prevailing Church doctrine that only permitted men to be ordained. In 1977, the General Convention and the House of Bishops opened the priesthood to women and provided for Hewitt and others to be recognized. Hewitt is a graduate of Cornell University, Union Theological Seminary and Harvard Law School.

White House Announces This Year's Easter Egg Roll

The White House on Monday announced details of this year's White House Easter Egg Roll. For the first time, tickets will be distributed online instead of in advance so that more families and children from around the country can gain admittance. This year's theme will encourage youth to lead healthy and active lives. The event, on Monday April 13, will be open to children age 10 and under and will offer a day of sports, cooking classes, musical performances, and storytelling as well as the traditional Easter egg roll.

Tuesday, March 24, 2009

Court Tells FDA To Reconsider "Plan B" Restrictions

In Tummino v. Torti, (ED NY, March 29, 2009), a New York federal district court ordered the U.S. Food and Drug Administration to reconsider the restrictions it previously placed on distribution of "Plan B", an emergency contraceptive. Under FDA rules adopted in 2006 (FDA's Q&A), women 18 and over may obtain the drug without a prescription, but only upon showing identification to a pharmacist. It is available only by prescription to women 17 and under. The court concluded that the FDA's decision-making on the drug had departed from normal procedures, was motivated by political considerations, and was not the result of reasoned and good-faith agency decision making. (See 2005 GAO Report.) The court also ordered that within 30 days the FDA modify its rules to make Plan B available to 17-year olds on the same non-prescription basis that it is now available to those 18 and over. Reuters reports on the decision.

A press release from Pharmacists for Life International in reaction to the ruling said: "Hundreds of women have had serious side effects from Plan B as it has killed millions of preborn babies." The Family Research Council complained that: "This ruling jeopardizes girls' health and the ability of parents to care for their daughters' physical and emotional well-being." However Advocates for Youth applauded the decision, saying that it gives the FDA a chance to "ensure that science, not ideology, dictates all future decisions."

British Court To Hear Challenge to Ban On Hindu Funeral Pyres

In Britain, a high court today begins a 3-day hearing in a challenge by an elderly Hindu man to Newcastle's ban on open-air cremations. Both the Guardian and the Telegraph report on the test case brought by the founder of the Anglo-Asian Friendship Society. Davender Ghai asserts that if Britain's 1902 Cremation Act is read to ban outdoor cremations, it violates the European Convention on Human Rights. Ghai claims that Newcastle's City Council discriminated against him on the basis of race and religion when it denied his request that, upon his death, he be cremated on a funeral pyre as required by Hindu tradition. Justice secretary Jack Straw supports the city, arguing that the restrictions are justified by public health and safety. (See prior related posting.)

Obama Will Speak At Notre Dame; Some Catholics Protest

On Friday, the White House announced that President Barack Obama will be the commencement speaker at three universities this spring. One of those is Notre Dame. A press release from Notre Dame indicated that the President will also be awarded an honorary doctor of laws degree. LifeSite News reported yesterday that since the announcement, Notre Dame has been deluged with criticism from those who believe the invitation should be withdrawn because of Obama's pro-abortion positions. Notre Dame President Fr. John Jenkins says that the honorary degree "is not intended to condone or endorse his position on specific issues regarding life." Jenkins also commented: "You cannot change the world if you shun the people you want to persuade, and if you cannot persuade them show respect for them and listen to them."

The Cardinal Newman Society, however, is circulating an online petition that calls it "an outrage and a scandal that ... one of the premier Catholic universities in the United States, would bestow such an honor on President Obama given his clear support for policies and laws that directly contradict fundamental Catholic teachings on life and marriage." As of Monday evening, the CNS website said that there were over 46,000 signers on the petition. [Thanks to PewSitter for the lead.]

UPDATE: Bishop John D'Arcy of the Diocese of Fort Wayne-South Bend (where Notre Dame is located) says he will refuse to attend Notre Dame's commencement in protest of President Obama's policies on stem cell research and abortion. (Munice (IN) Star Press.) [Thanks to Scott Mange for the lead.]

Christian Baptism Center Dedicated In Jordan

In the largely Muslim nation of Jordan last week, Baptist leaders and other dignitaries attended a dedication of a new evangelical Christian baptism center located by the Jordan River near the site it is believed Jesus was baptized. The site, which is operated as a national park, was promised to the Baptist World Alliance by Jordan's King Abdullah II during a 2007 meeting. Associated Baptist Press reported yesterday that among those speaking at the dedication was former British prime minister Tony Blair, who is now a special envoy to the Middle East for the UN, EU, US and Russia.

Monday, March 23, 2009

Cert. Denied In "Understanding Evolution" Website Case

Today the U.S. Supreme Court denied certiorari in Caldwell v. Caldwell, (Docket No. 08-858). (Order List.) In the case, the U.S. 9th Circuit Court of Appeals dismissed for lack of standing plaintiff's Establishment Clause challenge to certain content on an "Understanding Evolution" website created and maintained by the University of California Museum of Paleontology and funded in part by the National Science Foundation. Plaintiff objected to statements on the website declaring that evolution and religion are not incompatible. (See prior posting.)

On-Campus Released Time Program Enjoined

In H.S. v. Huntington County Community School Corp., 2009 U.S. Dist. LEXIS 22488 (ND IN, March 19, 2009), an Indiana federal district court accepted a magistrate's recommendation and issued a preliminary injunction barring released-time religious classes on school property during school instructional time. At issue was the released time program at Horace Mann Elementary School in Huntington County (IN). Religious classes there were offered in a trailer owned by a church organization. The trailer was driven to the school and parked in its parking lot. School officials claimed that there is no reasonable way to park the trailer off premises and conduct the released time program in its current time allotment.

After concluding that plaintiff, a parent of a Horace Mann student, has standing, the court went on to find that plaintiff is likely to succeed on the merits of her Establishment Clause claim. In reaching that conclusion, the court relied largely on Supreme court decisions in McCollum v. Board of Education and Lemon v. Kurtzman. The school argued that for safety purposes, the trailer needed to be located on campus. The court agreed that while this was an appropriate secular motivation, nevertheless the arrangement would be seen by a reasonable observer as an unconstitutional endorsement of religious doctrine.

In Jews for Jesus Challenge, Revised Oyster Bay Permit Rules Held Invalid

In People v. Mendelson, (NY Nassau Co. Dist. Ct., March 19, 2009), a New York state trial court dismissed criminal charges brought against a "Jews for Jesus" missionary for distributing literature at a concert in an Oyster Bay (NY) park without obtaining a permit. She refused to accept a permit that would limit her to a fixed table, and insisted on circulating among concertgoers to speak with them. The court held that the town's revised permit requirements (see prior posting), drafted in response to the invalidation of the town's earlier rules (see prior posting), are unconstitutional. The court found the regulations overly broad because, on their face, they are not limited to demonstrations and activities during special events, "but apply to any person, at any time, anywhere in a Town Park or recreational facility." The court said that if the regulations are amended to apply only to special event and demonstration days, they would be upheld. It refused however to accept as sufficient representations by the town's Parks Commissioner that the broadly drafted regulations would in fact be applied only in those circumstances. A release by Alliance Defense Fund discusses the decision.