Appeal Filed In Suit Challenging Inaugural Oath and Prayers

On Thursday, a notice of appeal to the D.C. Circuit was filed in Newdow v. Roberts, according to a release from the American Humanist Association. In the case, the trial court dismissed on standing grounds a challenge to the Chief Justice administering the oath of office at President Obama's inauguration using the phrase "so help me God" and to clergy delivering an invocation and benediction at the ceremony. (See prior posting.)

Tony Alamo Ministries Sues Arkansas Human Services Department

In an Arkansas federal court lawsuit filed Thursday, Tony Alamo Ministries and two of its members sued the Arkansas Department of Human Services , claiming that it has engaged in a campaign of harassment and intimidation against the church. State children's services officials have removed 36 children from the church's compound in Arkansas, saying that the children are endangered by practices such as underage marriages and beatings for ignoring church rules. (See prior posting.) The Arkansas Democrat Gazette and AP this week reported on the lawsuit. The complaint alleges that parents of the children are being required to move off church property and find jobs outside of the ministry to regain custody of their children. Meanwhile in scattered foster homes, the children are being exposed to television shows that would have been banned by the church, and are being vaccinated in violation of their parents' religious objections. It is alleged that the state pans to "deprogram" the children. Other parents with children under 18 have fled the church and are living as fugitives. The church has stopped holding services, and lacks personnel to fill the backlog of orders for Pastor Tony Alamo's cassette tapes and pamphlets.

Obama Beomes First President To Host A White House Seder

On Thursday, Barack Obama became the first President to host a Passover seder at the White House. According to Politico, the origins of the event were a year ago when a year ago some of Obama’s campaign staff held an impromptu seder in the basement of the Sheraton in Harrisburg, Pennsylvania. After ending that seder with the traditional "Next year in Jerusalem," they added: "next year in the White House." The White House website carries a photo of the 20-person seder held in the Old Family Dining Room, with Obama reading from the Haggadah.

University of Maryland Student Senate Ends Graduation Prayer

University of Maryland's Student Senate voted 32-14 to remove prayer from the University commencement ceremony. WJLA News reported yesterday that the vote on Monday culminated three years of debate on the issue. The invocation was presented each year by one of the University's 14 chaplains, and was designed to be inclusive. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

UPDATE: The April 13 GW Hatchet reports that University of Maryland President Dan Mote overruled the Student Senate's decision three days later. [Thanks to Scott Mange for the lead.]

Fatih-Based Office Hosts Meeting For Council and Invited Leaders

Today's Washington Post reports:

The Office of Faith-based and Neighborhood Partnerships, whose mission is to empower religious and secular groups that provide social services, is hosting more than 60 people it considers key leaders at the Eisenhower Executive Office Building for a meeting that began last night and runs through this evening.

Invited guests include the 25 members of the president's advisory council and a few dozen more insiders (almost all from faith-based groups), including people President Obama has turned to since he became a candidate for guidance on everything from torture ethics to Catholic politics to inner-city fatherhood programs.

Participants were pleased that administration officials were seeking their input on social policy issues, but fear that their agenda will get pushed aside by the economic crisis, and that funds will be diverted by state and local governments.

Vatican Rejects US Ambassador Names Because of Their Positions on Abortion

The Washington Times reported yesterday that the Vatican has rejected at least three names that President Obama has put forward as possible candidates for ambassador to the Vatican because of the individuals' support abortion rights. The failure to find an ambassador could become embarrassing as Pres. Obama hopes to visit the Vatican in July as part of a trip to Italy for a summit of the Group of Eight industrialized nations. [Thanks to Alliance Alert for the lead.]

Pres. Obama Sends Passover Greetings

Yesterday President Obama sent out a letter by e-mail conveying holiday wishes to all who are celebrating Passover. (Full text of letter.)

3rd Circuit Says Police Need Not Accommodate Officer's Khimar

In Webb v. City of Philadelphia, (3d Cir., April 7, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim brought by a Philadelphia police officer. Agreeing with the district court (see prior posting), the Court of Appeals held that it would impose undue hardship on the Department to require it to allow Kimberlie Webb, a Muslim, to wear a headscarf (khimar) while on duty in uniform. It agreed with the City that the uniform rule is necessary to create a perception of impartiality by citizens of all races and religions. AmLaw Daily reports on the decision, including the court's rejection of counsel's attmpt to raise a number of issues for the first time on appeal. [Thanks to Steven Sheinberg for the lead.]

Student In Israel Displays Novel Protest Over Court's Reading of Hametz Law

Passover begins tonight, and in Israel the dispute continues over how to interpret its Festival of Matzot (Prohibition of Leaven) Law, 5746-1986, (also known as the "Hametz Law"). Last year, a court held that its ban on the public display of any leavened product for sale or consumption during Passover did not prevent the sale in a closed place of business of leavened products. (See prior posting.) The Haredi (ultra-Orthodox) community is still distressed over the ruling. This week, according to Arutz Sheva, to protest the interpretation, yeshiva student Aryeh Yerushalmi entered a Tel Aviv grocery store, went to the bread section, and stripped naked (except for a sock over his private parts). He says Israeli law bans performing an indecent act in a public place, but if a grocery store is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. When police arrived at the scene, the student put his clothes back on. A Tel Aviv district court judge put Yerushalmi under house arrest for a week.

Cert. Denied In Establishment Clause Challenge To Navy Retirement System

Yesterday, the U.S. Supreme Court denied certiorari in Chaplaincy of Full Gospel Church v. Department of Navy, (Docket No. 08-1057) (Order List). In the case, the D.C. Circuit Court of Appeals had dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. (See prior posting.)

Court Says Ministerial Exception Does Not Apply In Suit Against Archdiocese

In Dayner v. Archdiocese of Hartford, 2009 Conn. Super. LEXIS 606 (CT Super., March 11, 2009), a Connecticut trial court rejected a 1st Amendment free exercise challenge to its jurisdiction in a suit brought by a former principal of a Catholic girl's school against the Archdiocese and a priest. Plaintiff alleged that her firing as principal involved a breach of implied contract, breach of implied covenant of good faith, promissory estoppel, wrongful termination and negligent infliction of emotional distress as to the Archdiocese and tortious interference with business expectancies as to the priest, Father Bzdyra. The court held that the "ministerial exception" that precludes a court from adjudicating employment disputes between religious institutions and their religious leaders does not apply here because "the court will not be required to consider matters of religious belief or practice in deciding these claims."

High School Must Bus Students From Rented Catholic Building For Sex-Ed

Yesterday's Newark (NJ) Star-Ledger reports that some public school officials in Perth Amboy (NJ) apparently did not read a lease closely enough when last year the district rented an empty Catholic school six blocks from Perth Amboy High School to alleviate overcrowded classrooms. It turns out that a clause in the lease prohibits using the premises to teach doctrines contrary to those of the Catholic Church. This means that the building may not be used to teach sex education that does not promote abstinence-only. So now students must be bussed back to the high school's main building for their sex-education classes. Perth Amboy's director of health and physical education says that ironically the students are now probably remembering more of what they are taught in sex-ed classes because of what they have to go through to get the information. [Thanks to Mike Cundiff for the lead.]

New Jersey Court Issues Injunction Allowing Church To Use Building

A Superior Court judge sitting in Morris County, New Jersey issued an injunction last Friday ordering that Pastor Eric Simons be permitted to use his Randolph Christian Church's former building for services on Sunday pursuant to the terms of a contract the church entered with Bible Church International. The contract followed the sale of Randolph's former building to Bible Church. Sunday's Newark Star-Ledger reports that Bible Church International is seeking to break its 5-year contract with Randolph Christian after Pastor Simons settled charges by the state Division of Consumer Affairs that he used the proceeds of the sale of the church building to buy himself and his wife a mansion and a boat. Bible Church's pastor says Bible Church International wants to protect its reputation and does not want to be associated with Simons.

New Yorker Meets Judicial Resistance On Name Change

The Staten Island Advance reported on Sunday on the problems that Kyle Campbell is having in his attempt to get New York courts to allow him to change his name. Campbell is a member of The Nation of Gods and Earths, a religion affiliated with Nation of Islam, whose members commonly take Allah as a name. Last year Campbell's petition to change his name to "Black Cream Allah" however was denied by a Staten Island judge who ruled that the first two words are the title of a rap song with violent lyrics, and that allowing Allah as a name would be similar to bestowing religious authority. So now Campbell has filed a petition to instead change his name to "Original Kreeam Shabazz." Nation of Islam believes that the Tribe of Shabazz was an ancient Black tribe. Campbell is awaiting a decision on whether the court will permit this name.

Suit Challenges Michigan Funeral Protest Law On Unusual Facts

Last week, the ACLU announced it had filed suit in Michigan federal district court challenging Michigan's funeral protest statute, M.C.L. § 750.167d(1). The complaint (full text) in Lowden v. Claire County, (ED MI, filed 4/1/2009), alleges that Lewis and Jean Lowden were driving in the funeral procession of a close friend who had been killed in Iraq when sheriff's deputies ordered them out of the procession and arrested them because of political protest signs that were taped to their van. The signs were not directed at the funeral, but rather were criticisms of Pres. George W. Bush and his policies, and had been on the van for several years. Indeed, the Lowdens had been invited to the funeral by the deceased soldier's family, and at the church organizers of the funeral procession had placed a funeral flag on the van without commenting on the signs. The suit asks for damages and a declaratory judgment that the funeral protest law unconstitutionally infringes freedom of expression and is void for vagueness. The suit also claims that plaintiffs were subjected to an unlawful search and seizure. [Thanks to Dispatches from the Culture Wars for the lead.]

Army Chaplain Urges Day of Prayer and Fasting-- Conflicts With Passover

The head of the Army's chaplain corps, Maj. Gen. Douglas L. Carver, has issued a proclamation urging that Wednesday, April 8, be observed as a day of prayer and fasting for soldiers and their families. The day comes during the Army's 120-day stand down and unit training period to focus on suicide prevention and awareness. Baptist Press reported last week that Carver, a Southern Baptist, chose the date because Wednesday is a prayer meeting night for Southern Baptists. However April 8 is also first night of the Jewish festival of Passover that is celebrated with the Seder feast. The Public Record reported on Sunday that some Jewish members of the Army are distressed that this date was chosen. Carver said he did not consult a calendar to look for conflicts when selecting the date.

Orthodox Jewish Policy Director Appointed To President's Faith-Based Council-- [UPDATE]: 9 New Members Appointed

According to a press release today by OU, Nathan J. Diament, director of public policy for the Union of Orthodox Jewish Congregations of America, has been named by President Barack Obama to serve on the President's Advisory Council on Faith-Based and Neighborhood Partnerships. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. (See prior posting.) The Advisory Council is comprised of 25 religious and secular leaders and scholars. At least 15 others have already been appointed. (See prior posting.) Diament, who is also an adjunct professor at American University, said that he is deeply honored to be appointed to the Council and looks forward to an "opportunity to bring the Torah's timeless values into conversations seeking solutions to modern challenges."

UPDATE: The Washington Post reported Monday afternoon that a number of new members were appointed to the Advisory Council and that its first substantive meeting was held today:

Several new members come from groups representing minorities, including: Dalia Mogahed, executive director of the Gallup Center for Muslim Studies; Anju Bhargava, founder of Asian Indian Women of America and Harry Knox, head of the religion program at the Human Rights Campaign, which advocates for gays and lesbians.

Other new members include Anthony Picarello, formerly of the religious liberties law firm Becket Fund and now general counsel to the U.S. Conference of Catholic Bishops, and Rev. Peg Chemberlin, president-elect of the National Council of Churches, a sprawling ecumenical umbrella group of mostly mainline Protestants

A White House press release Monday afternoon lists all the members, including the 9 new appointees. Additional new members are Bishop Charles Blake, Nancy Ratzan and Dr. Sharon Watkins. Absent from the list of appointees was former NFL coach Tony Dungy. A previous announcement that he had been invited to join the Council stirred criticism. (See prior posting.) [Thanks to Blog From the Capital for the lead.]

Former Student Challenges University's Requirements for Counseling Practicum

Last week, a former graduate student at Eastern Michigan University [corrected] filed suit in a Michigan federal district court alleging that she was unconstitutionally dismissed from the University's graduate Counselling Program solely because her religious beliefs and expression regarding homosexual behavior contradicted those of the University's counseling department. Ward believes that homosexual behavior is immoral and can be changed. In Ward v. Members of the Board of Control of Eastern Michigan University, (ED MI, filed 4/2/2009) (full text of complaint), Julea Ward alleged that disciplinary proceedings were brought against her because in her Counseling Practicum course she referred a homosexual client to another counsellor rather than affirm and validate the client's homosexual conduct. She was told that to remain in the program she would need to undergo a "remediation" program to "see the error of her ways" and change her "belief system" on homosexual conduct. Alliance Defense Fund issued a release announcing the filing of the lawsuit. The University today refused specific comment, but said that it is a "diverse campus with a strong commitment not to discriminate on the basis of gender, race, disability, religion, sexual orientation, gender identity or expression." (Ann Arbor News.)

Obama In Turkey Stresses Respectful US-Muslim Relationship

At both a news conference today with Turkish President Abdullah Gul, and in a major address today to Turkey's Parliament, President Barack Obama spoke of US-Muslim relations. In his press conference in Ankara, according to CNN, Obama said:

I think that where there's the most promise of building stronger U.S.-Turkish relations is in the recognition that Turkey and the United States can build a model partnership in which a predominantly Christian nation, a predominantly Muslim nation -- a Western nation and a nation that straddles two continents ... that we can create a modern international community that is respectful, that is secure, that is prosperous, that there are not tensions -- inevitable tensions between cultures -- which I think is extraordinarily important....

[O]ne of the great strengths of the United States [is that it does not consider itself] a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values. I think modern Turkey was founded with a similar set of principles.

In his speech to Parliament (full text from Hurriyet) Obama said:

I know that the trust that binds us has been strained, and I know that strain is shared in many places where the Muslim faith is practiced. Let me say this as clearly as I can: the United States is not at war with Islam and will never be. In fact, our partnership with the Muslim world is critical in rolling back a fringe ideology that people of all faiths reject.

But I also want to be clear that America’s relationship with the Muslim world cannot and will not be based on opposition to al Qaeda. Far from it. We seek broad engagement based upon mutual interests and mutual respect. We will listen carefully, bridge misunderstanding, and seek common ground. We will be respectful, even when we do not agree. And we will convey our deep appreciation for the Islamic faith, which has done so much over so many centuries to shape the world for the better – including my own country. The United States has been enriched by Muslim Americans. Many other Americans have Muslims in their family, or have lived in a Muslim-majority country – I know, because I am one of them.

Court Says Pro Se Prisoner Cannot Maintain Class Action

In Blast v. Fischer, 2009 U.S. Dist. LEXIS 27264 (WD NY, March 30, 2009) , plaintiff, a practitioner of Santeria, brought an action claiming that New York prison policies are being selectively applied to prevent non-mainstream religious practitioners from being able to obtain various religious items. (Plaintiff, housed in an all-male prison, is in the process of gender transition, and is referred to as "she" in the decision in accordance with her request.) In a previous decision, a different federal district judge denied appointment of counsel for plaintiff. In this decision, the New York federal district court refused to certify her suit-- brought under RLUIPA and the 1st Amendment-- as a class action on behalf of all Santeria practitioners currently in state correctional facilities. The court held: "It is well established law that class action suits cannot be maintained by pro se litigants."