Air Force Institutes Scholarship Program To Train Chaplains

The Air Force has announced the creation of a new religious professional scholarship program, designed to train chaplains in faiths where, at any particular time, there is a shortage of Air Force chaplains Air Force Link reported Monday that the program is open to any commissioned officer or anyone currently enrolled in a commissioning program, such as the Air Force Academy or ROTC. Scholarship recipients will receive tuition grants (presumably for their theological studies), plus stipends to cover certain fees or expenses as determined by Air Force Institute of Technology officials, who are in charge of the academic portion of the program. Scholarship recipients will be required to serve for 8 years. Craig W. Duehring, assistant secretary of the Air Force for manpower and reserve affairs, said: "This program is a huge step forward in providing qualified chaplains for the Air Force." Currently there is a shortage of Catholic chaplains.

Former NFL Coach Invited Onto President's Faith-Based Council

Yesterday's Muncie (IN) Star Press reports that President Barack Obama has invited former NFL Indianapolis Colts coach Tony Dungy to serve as a member of the Advisory Council on Faith-Based and Neighborhood Partnerships. Dungy, author of two books focusing on Christian values, has been in involved with numerous charitable causes. Americans United however issued a press release opposing his selection, saying that Dungy "has well-known ties with intolerant Religious Right groups." It particularly focused on his remarks "at a fund-raising dinner for the Indiana Family Institute, a James Dobson-affiliated group that opposes gay rights, reproductive rights and separation of church and state." (See prior related posting.)

Court Accepts Plea Deal With "Resurrection Clause" In It

Yesterday's Baltimore Sun reports on an odd plea agreement entered by 22-year old Ria Ramkissoon, a member of a religious cult called 1 Mind Ministries. The cult's leader, Queen Antoinette, is accused of ordering cult members, including Ramkissoon, to withhold food and water from Ramkissoon's 2-year old son, Javon. This led to Javon's death. Antoinette believed that Javon was a demon because he did not say Amen after he was fed. Under her plea agreement, in exchange for testifying against other cult members Ramkissoon's 20 year sentence will be reduced to time already served plus 5 years' probation (plus two 8-hour deprogramming sessions). The unusual added clause however is one that provides charges will be dropped if Javon is resurrected-- as the Ramkissoon believes he will. Prosecutors say the clause stipulates a "Jesus-like resurrection, which is distinguished from a reincarnation" as an animal or object.

School Agency's Creationism Neutrality Does Not Violate Establishment Clause

In Comer v. Scott, (WD TX, March 31, 2009), a Texas federal district court rejected an Establishment Clause challenge to a policy of the Texas Education Agency that required its Director of Science to remain publicly neutral regarding the teaching of creationism. The Director, Christina Comer, was fired for forwarding to two listservs and seven science educators an announcement about an anti-Creationism talk that was being presented in Austin. The court emphasized that the Texas Education Agency supports the elected State Board of Education as the Board develops curriculum, and Agency employees are prohibited from taking sides on issues that the Board must resolve. The court concluded that the neutrality policy does not advance religion and therefore does not violate the Establishment Clause. It rejected Comer's argument that the neutrality policy amounted to the Agency's unconstitutionally treating religion like science. The Dallas Morning News reported on the decision yesterday. (See prior related posting.)

Illinois Break Away Episcopal Diocese Files Declaratory Judgment Action

The Diocese of Quincy (IL) which last year broke from the Episcopal Church and affiliated with the Anglican Province of the Southern Cone has filed a declaratory judgment action in Illinois state court to clarify its rights to hold and manage diocese endowment funds. Virtue Online reported yesterday that the filing of the suit this week followed a January letter claiming those funds written by the Episcopal Church to the bank holding the endowments. Some of the churches in the Quincy Diocese have remained loyal to the Episcopal Church and are forming a new diocese.

India Supreme Court Rejects Muslim Student's Challenge To Grooming Rule

India's Supreme Court on Monday rejected a challenge by a Muslim high school student to school rules that require him to shave his beard. The National and UCANews yesterday reported on the decision that permits a Catholic school, the Nirmala Convent Higher Secondary School, to enforce its grooming policy. Sixteen year old Mohammad Salim claimed that the ban violates his constitutionally protected right to practice his religion. He also argued unequal treatment since Sikh students are permitted to wear beards and turbans. Justice Markandey Katju said: "We should strike a balance between rights and personal beliefs." He also added: "We don’t want to have Taliban in the country. Tomorrow a girl student may come and say that she wants to wear a burqa [in the school] – can we allow that?"

President Signs Law Extending Foreign Religious Worker Program To Sept. 29

On March 20, President Obama signed H.R. 1127, a bill that makes "SR visas" under the special immigrant non-minister religious worker program available to aliens seeking to enter the U.S. before September 30, 2009. Under prior law the program had expired March 6. The State Department's website reports on the signing. Last December, the Department of Homeland Security amended regulations implementing the program. (See prior posting.) [Thanks to Josh Gerstein's Blog for the lead.]

Paper Says Catholic Church Knew of Priest Abuse Problem Earlier Than Previously Thought

National Catholic Reporter yesterday ran a long article disclosing that:

decades before the clergy sexual-abuse crisis broke publicly across the U.S. Catholic landscape, the founder of a religious order that dealt regularly with priest sex abusers was so convinced of their inability to change that he searched for an island to purchase with the intent of using it as a place to isolate such offenders....

Fr. Gerald Fitzgerald, founder of the Servants of the Paracletes, an order established in 1947 to deal with problem priests, wrote regularly to bishops in the United States and to Vatican officials, including the pope, of his opinion that many sexual abusers in the priesthood should be laicized immediately. [Full text of letters.]

Ontario Expands Permissible Religious References On Personalized Plates

In Canada, Ontario's Ministry of Transportation announced last week that it was revising its personalized license plate program to permit religious titles to be used on personalized plates. The department says it has been guided by a report of a voluntary advisory panel (full text of report). Instead of the current rules that ban all religious messages, the panel urged the following guidelines:

Positive or neutral expressions of religious beliefs and mythology are permissible; including references to religious celebrations, titles, leaders and symbols. All religions and beliefs are permissible.... Negative, pejorative or derogatory reference to any religion whatsoever are not permitted.... Any meaning implying the superiority or exclusivity of one religion or creed over others or proselytizing statements are prohibited....

Suit On Court Employees' Bible Study Group Settled

Christian Examiner reported yesterday on a settlement in Barlow v. Superior Court of California, a case in which several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. (See prior posting.) The settlement permits employees to resume their Bible study, and San Diego County Superior Court agrees to pay some of plaintiffs' attorney's fees.

Morocco Takes Action Against Shiites, Christians

AFP reported last week that the Moroccan government has begun a campaign to counter activities that are seen as contrary to the "moral and religious values" of Moroccan society. Dozens of people suspected of Shiite sympathies have been arrested. Moroccans largely follow the Malakite school of Sunni Islam. The government is also attacking those calling for greater tolerance of homosexuality.

According to Earth Times yesterday, the government campaign has now spread to countering Christian activities. Four Christian missionaries (3 Spaniards and a German woman) were expelled from Morocco after it was alleged that they were illegally engaged in Christian proselytizing at a meeting they held in Casablanca on Saturday. However sources close to the missionaries say that only Christians were attending the communion meeting. The actions against Shiites were prompted in part by a broader controversy in the Middle East over a statement made last month by Iranian official, Ali Akbar Nateq-Nouri, who threatened Bahrain's sovereignty by announcing that Bahrain was historically a province of Iran. (New York Times, 3/29.)

Famous Indian Parliamentary Candidate Arrested For Anti-Muslim Speeches

In India, the battle over the candidacy of Varun Sanjay Gandhi, grandson of former Prime Minister Indira Gandhi, continues. Varun Gandhi, a member of the BJP, is a candidate for the lower house of India's Parliament, running from a district in the state of Uttar Pradesh. BBC News reported last week on the March 22 Order of the Election Commission (full text) recommending that Gandhi not be nominated as a candidate because of two speeches he made last month that contained highly derogatory references to the Muslim community. The BJP however continues to support Gandhi as a candidate, saying that the Election Commission was biased and lacked authority to disqualify Gandhi.

Initially two criminal cases were filed against Gandhi, one charging his with violations of India Penal Code 153A (promoting enmity between different groups on ground of religion), 295A (deliberate acts intended to outrage religious feelings), and 505(2) (circulating statements likely to create or promote ill-will between religious groups). The other was brought under Sec. 125 of the Representation of the People Act 1951 (promoting enmity between classes in connection with election). Then on Sunday, according to India.com, additional charges were also filed by the Uttar Pradesh government under the National Security Act. Under that Act, a person arrested can be detained without bail for up to one year. However, he can contest his detention before a 3-person Advisory Board headed by a High Court judge.

Paper Profiles FLDS Ranch One Year After Raid

Yesterday's Deseret News profiles the situation at the FLDS "Yearning For Zion Ranch" in Eldorado, Texas one year after a high-profile raid that temporarily took 439 children from the compound into state custody. Many families on the ranch were polygamous and state authorities argued that the children's safety was in danger. (See prior posting.) The FLDS temple on the ranch is no longer in use, but many families are back. Many children are still feeling the effects of having been temporarily placed in foster homes.

8 Venezuela Police charged In Attack on Caracas Synagogue

AP reported last Thursday that in Venezuela prosecutors filed formal charges against eight police officers and three other people in connection with the January attack on Tifaret Israel synagogue in Caracas. Among those charged is the bodyguard for a rabbi and one of the security guards on duty at the synagogue. Prosecutors have asked the court to approve charges of robbery, "acts of contempt against a religion," and concealing firearms. The attackers destroyed religious objects, spray-painted anti-Semitic slogans and took a computer database with the names and addresses of Jews in Venezuela. Police believe that the attackers were looking for cash to steal. The attack took place shortly after Venezuela's President Hugo Chavez cut off diplomatic ties with Israel over its actions in Gaza. Chavez has condemned the synagogue attack.

Senate Leader Will Repropose Federal Polygamy Task Force

Last Friday, U.S. Senate Majority Leader Harry Reid announced that he would reintroduce legislation this session to set up a federal task force to focus on polygamy-related crime. According to Saturday's Salt Lake Tribune, Reid also said he will urge new Attorney General Eric Holder to take action against crime in polygamous communities. In connection with similar proposals last year by Reid, the Senate Judiciary Committee in July held hearings titled "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response." (Witness list with link to webcast of hearing.) Reid is a Democrat from Nevada and a convert to Mormonism.

Recent Articles of Interest

From SSRN:

• Calvin R. Massey, Church Schisms, Church Property, and Civil Authority, (March 26, 2009).


• Harry G. Hutchison, Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age, (George Mason Law & Economics Research Paper No. 09-21 , March 25, 2009).


• Ali Khan, Jurodynamics of Islamic Law, (Rutgers Law Review, Vol. 61, No. 2, 2009).


• Albert H.Y. Chen, Three Political Confucianisms and Half a Century, (March 22, 2009).

From SmartCILP:

• Alan E. Garfield, Finding Shared Values In a Diverse Society: Lessons From the Intelligent Design Community, 33 Vermont Law Review 225-281 (2008).


• Jay Alan Sekulow & Erik M. Zimmerman, Pleasant Grove City v. Summum: Upholding the Government's Authority to Craft Its Own Message Through Privately Donated or Funded Monuments, Memorials, and Artwork, 3 Charleston Law Review 175-204 (2009).


• Lecture. The Bible and American Law. Lecture by Herbert W. Titus; responses by Jeffrey C. Tuomala and Michael J. DeBoer; responses by Herbert W. Titus, 2 Liberty University Law Review, 305-417 (2008).


• Symposium. The Supreme Court's Hands-Off Approach to Religious Doctrine. [Table of contents]. Introduction by Samuel J. Levine; articles by Christopher L. Eisgruber & Lawrence G. Sager, Richard W. Garnett, Andrew Koppelman, Bernadette Meyler and Kent Greenawalt, 84 Notre Dame Law Review 793-928 (2009). [Links are to full text of articles.]


• The Future of Law, Religion, and the Family. A 25th Anniversary Symposium. [Table of contents.] Foreword by Leah Ward Sears; Articles by Enola G. Aird, Stephen L. Carter, Don S. Browning, Margaret Brinig and Jean Bethke Elshtain, afterword by John Witte, Jr. 58 Emory Law Journal 1-102 (2008). [Links are to full text of articles.]

Controversy Continues Over Notre Dame's Commencement Invitation To Obama

Notre Dame University's invitation to President Barack Obama to speak at commencement and receive an honorary degree continues to generate controversy. In addition to Bishop John D'Arcy of the Diocese of Fort Wayne-South Bend who previously announced his opposition (see prior posting), now two other bishops have issued strong statements opposing the invitation. Bishop Thomas J. Olmstead of Phoenix wrote Notre Dame President Rev. John Jenkins on Wednesday saying that the invitation "is a public act of disobedience to the Bishops of the United States." (Full text of letter; CNA report.) On Friday, Bishop Gregory Aymond of Austin (TX) wrote in his diocese newsletter that "it is very clear that in this case the University of Notre Dame does not live up to its Catholic identity." (Full text of letter; LifeSite News report.)

A lengthy AP report yesterday quotes a number of individuals connected with Notre Dame who support the invitation, pointing out that the University has a tradition of inviting newely-elected U.S. Presidents from both parties as commencement speakers. Inviting the first African-American U.S. President has special significance because of the long record of former Notre Dame president Theodore Hesburgh in the civil rights movement.

Meanwhile, at another Catholic college, St. Vincent College in Latrobe, Pennsylvania, U.S. Senator Robert Casey has cancelled his commencement address scheduled for May 9. While Casey offered no explanation, LifeSite News reported last week that Casey was strongly criticized by Bishop Joseph Martino of Scranton for his recent vote against an amendment to restore the Mexico City Policy-- a policy that denied foreign aid funds to family planning groups that engaged in abortion counselling. (See prior posting.)

Suit Challenges Cross In California City Park

Yesterday's Visalia (CA) Times-Delta reports on a lawsuit filed two weeks ago by a former resident of Porterville, California challenging the constitutionality of a 20-foot high redwood cross in a Porterville city park. The cross was placed in the park in 1965 by the local Rotary Club with the city's permission. A plaque below the cross reads: "Dedicated as a Spiritual Inspiration to All." Plaintiff Patrick Greene has a history of filing Establishment Clause challenges to governmentally sponsored religious displays and activities in various cities. Porterville residents express surprise that anyone would sue over the cross that a past-president of Rotary who helped install it describes as merely an unobtrusive symbol in a quiet grassy corner. [Thanks to Scott Mange for the lead.]

Church Sues Over Fee Schedule For Use of Village Meeting Room

In Michigan, a church has filed suit in federal district court against the village of Fife Lake challenging the rental fee schedule imposed by the village for use of a meeting room in its Municipal Building. The complaint (full text) in Forest Area Bible Church v. Village of Fife Lake Council, (WD MI, filed 3/24/2009) alleges that the village allows community organizations and service groups to use the meeting room without charge, but charges a rental fee to private non-profit groups such as the church. The suit alleges that this discriminatory treatment violates plaintiff's 1st and 14th Amendment rights. An Alliance Defense Fund release on Friday announced the filing of the suit.

Subjective Chill On High Schooler's Expression Does Not Create Standing

Last week, an Illinois federal district court handed down another decision in the long running challenge to rules in a suburban Chicago high school that were invoked to prevent a student, Alexander Nuxoll, from wearing a T-shirt and button carrying the slogan "Be Happy, Not Gay." (See prior posting.) In Zamecnik v. Indian Prairie School District #204 Board of Education, 2009 U.S. Dist. LEXIS 23548 (ND IL, March 24, 2009), the court held that Nuxoll has standing to continue to pursue this claim. However he lacks standing to assert added claims that he wishes to "bring his bible to school, distribute cards with bible verses during non-instructional time, and discuss his religious beliefs critical of homosexual behavior with classmates during non-instructional time." There was no showing that Nuxoll ever attempted to carry out such activities or that officials ever interfered with them. It is not enough to allege subjective chilling of expression based merely on the fact that existing rules could be interpreted to prohibit these activities.