Group Charges FBI Is Asking Muslims To Monitor Mosques

The Council of Islamic Organizations of Michigan has written Attorney General Eric Holder asking him to investigate complaints against the FBI. Reportedly agents are asking Muslims to give information on people attending mosques and the donations they make. Time reported yesterday that in particular, people with pending immigration issues are being approached by the FBI with offers of help in exchange for their monitoring mosques.

Georgetown Explains Covering of Religious Symbols For Obama's Speech

President Barack Obama delivered a speech (full text) at Georgetown University on Tuesday. According to The Hoya yesterday, the University has explained that: "In coordinating the logistical arrangements for the event, Georgetown honored the White House staff's request to cover all of the Georgetown University signage and symbols behind the Gaston Hall stage in order to accommodate a backdrop of American flags, consistent with other policy speeches." The "IHS" monogram-- a symbol of Jesus' name-- located directly behind the podium was covered with a piece of wood painted black.

An article in today's Philadelphia Evening Bulletin explains further that the drape placed at the rear of the stage was not high enough to fully cover the IHS and cross above the university seal, so, according to a University spokesman "it seemed most respectful to have them covered so as not to be seen out of context." However Patrick Reilly, president of The Cardinal Newman Society, said: "It is such a sad commentary that Catholic universities are willingly hiding the most visible signs of their Catholic identity when hosting secular leaders."

Oklahoma Passes Bill On Use of Historical Religious References In Classrooms

The Oklahoma state Senate on Wednesday passed by a vote of 40-7 a bill that had already been approved by the House (in an 88-5 vote) which will permit public schools to use religious references from a wide array of historical documents in classrooms and school events. HB 1756 lists 9 types of historical documents that may be utilized, including presidential speeches and published records of Congress. It then provides:

School districts shall not limit or restrain instruction in American or Oklahoma state history or heritage based on religious references in documents, writings, speeches, proclamations, or the materials described in subsection B of this section. These and any other materials shall be used for educational purposes only and not to establish or promote any religion.

Wednesday's Tulsa World, reporting on the Senate vote, quoted Sen. Clark Jolley, the Senate sponsor of the bill, who said it will allow teachers to discuss the religious context of historical documents like the Mayflower Compact and the Declaration of Independence. However Sen. Johnnie Crutchfield, who is also a teacher, said that the bill's passage was motivated by politics and is an "answer in search of a problem."

Conviction For Killing Unborn Child Does Not Violate Establishment Clause

Sanders v. State of Texas, (TX App., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. The Texas Penal Code prohibits intentionally and knowingly causing the death of any "individual", and defines "individual" as including "an unborn child at every stage of gestation from fertilization until birth." (Sec. 1.07). In affirming appellant's conviction, the Texas appellate court held that this definition of "individual" does not violate the Establishment Clause. It rejected appellant's argument that the definition amounted to an endorsement of religious groups that believe life begins at conception. The court said that the definition furthers the state's legitimate secular interest in protecting unborn children from the criminal act of others.

San Francisco College Changes Speaker Rules In Settlement of Jews for Jesus Case

A consent judgment (full text) has been issued in Jews for Jesus, Inc. v. City College of San Francisco, (ND CA, April 15, 2009). The settlement grew out of a lawsuit challenging the college's requirement that speakers and those handing out flyers obtain a permit. Plaintiff, an employee of Jews for Jesus, was arrested for repeatedly handing out literature on campus without a permit. The court had denied a preliminary injunction in the case in January, finding that rule changes made the 1st Amendment challenge moot. (Full text of decision). This week's settlement provides that the college will adopt those changes that apparently have already been made in its rules. They allow individuals to speak and distribute literature in designated areas by merely notifying the student activities office of their presence on campus. Yesterday's Christian Post , as well as an ADF release, report on the case.

Today Religion Clause Is 4 Years Old

Today is Religion Clause's 4th birthday. I want to thank all my long time readers and welcome those who have joined us more recently. I appreciate the leads that many of you e-mail to me and I apologize that I am not able to separately acknowledge each one. I do read them all and use as many as I can.

This month Religion Clause reached two milestones: it passed the 8,000 mark for the number of postings, and the site meter which records the number of visits since the blog began passed the half-million mark. Over 45% of those visits were recorded in the past 12 months.

With the change in Administrations in Washington, the flow of material for Religion Clause has not slowed. "Blog years" are even longer than "dog years." So I enter year 5 along with all of you, a bit older, hopefully a bit wiser, and with appreciation to you for making Religion Clause such a widely recognized source for objective information and primary source material on church-state and free exercise developments.

Today Is "Day of Silence" In Schools-- Focuses On LGBT Bullying

In schools across the country, today is "National Day of Silence"-- designed to call attention to anti-LGBT name-calling, bullying and harassment in schools. Christianity Today surveys three rather different recommendations on how Christian high schoolers should respond. A college psychology professor, Warren Throckmorton, suggests that Christians can participate to make schools safe without altering their views on sexuality. He wants them to carry cards in school today referencing the Golden Rule. The Illinois Family Institute disagrees, urging parents to take their children out of school for the day so they will not be "complicit in the exploitation of the classroom for partisan political purposes." Alliance Defense Fund wants Christian students to participate in a counter-event on April 20-- the "Day of Truth." Students will wear T-shirts and pass out cards urging gay students to explore changing their sexual orientation.

Court Says Statute Protects Church Property Sought For Use As Sidewalk

In City of Jordan v. Church of St. John the Baptist of Jordan, (MN Ct. App., April 14, 2009), a Minnesota Court of Appeals interpreted a Minnesota statute that protects churches from certain takings by eminent domain. Minn. Stat. § 315.42 prohibits state and local governments from taking land of any religious corporation by eminent domain for use as streets or roads unless the religious organization's board of trustees approves. The court held that this prohibition also applies to taking of church land to use for sidewalks or for traffic signals. Reporting on the decision yesterday, the Minneapolis Star-Tribune says that the case "carried huge symbolic weight for many in Jordan worried that Scott County's hypergrowth was ripping into the fabric of a historic downtown."

Missouri Baptist Convention Loses Again In Suit To Get Control of Windermere

The Missouri Baptist Convention has suffered another loss in its attempt to regain control of the valuable Windermere Baptist Conference Center that broke away from the Convention (along with 4 other institutions) in a dispute over the fundamentalist stance of new MBC leaders. According to ABP, on April 9 a Camden County (MO) Circuit judge dismissed a suit challenging the legality of changes that Windermere made in its articles of incorporation in 2001. The judge said that the issues are the same as those posed in a companion lawsuit that was decided by the state court of appeals in February. In that case, the appellate court held that the amendments taking away MBC's power to elect Windermere trustees were validly adopted. The April 9 dismissal leaves fraud charges against one defendant pending, at least for the time being.

Colorado High Court: Catholic Eldercare Facility Not Entitled To Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo Department of Finance, (CO Sup. Ct., March 30, 2009), in a 4-3 decision, the Colorado Supreme Court held that the sales and use tax exemption in the City of Pueblo's tax code does not apply to Villa Pueblo, an elderly care community operated by the non-profit group Catholic Health. The court concluded that Villa Pueblo is not a "charitable organization" as that term is defined in the city's tax code. It rejected Catholic Health's contention that all religious organizations with 501(c)(3) status should be exempt, saying that this would put secular organizations engaged in similar activities at a competitive disadvantage. The court held that city's exemption is consistent with the Establishment Clause because it furthers a broad secular purpose. Finally it concluded that imposition of a sales or use tax on a religious organization does not violate the Free Exercise clause.

In an opinion by Justice Eid, three judges dissented. They argued that the majority interprets the exemption to apply to religious organizations only if they provide all services free of charge, while nonreligious charities are entitled to the exemption even if they charge some fees, so long as they operate at a loss. "The City has thus applied its tax code in such a way that discriminates against religious organizations in violation of the Free Exercise Clause of the United States Constitution."

Canadian Court Clears Sikh Youth Charged With Assault

Today's Toronto Star reports that a Canadian teenager in Montreal's youth court was cleared of assault charges after a finding that religious and nationality differences played a part in the case. The youth, a Sikh, was accused by two classmates of threatening them with the pin he used to tuck his hair under his turban and poking one of them with his kirpan that was wrapped in a cloth under his clothing. The incident took place during a lunch break. (See prior posting.) Youth court judge Gilles Ouellet said that technically there was sufficient evidence to convict on the hairpin charge, but the judge gave the boy an unconditional discharge saying: "If the three boys had the same nationality, and the same faith, this case would not have ended up before the court."

Preliminary Injunction Granted In Challenge To Grade School Religious Music

In S.D. v. St. Johns County School District, (MD FL, April 15, 2009), a Florida federal district court granted a preliminary injunction barring an elementary school from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust." Third graders had been told that if they did not wish to practice the song for their upcoming assembly, they could not appear at all in the program. Finding that it was likely plaintiff would prevail on his Establishment Clause challenge, the court said:

The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.

The preliminary injunction was entered even though the school had withdrawn the song from this year’s assembly. Today's St. Augustine (FL) Record reports on the decision. (See prior related posting.)

Macedoia's Constitutional Court Strikes Down Religious Instruction In Grade Schools

Makfax reported yesterday that Macedonia's Constitutional Court has struck down a provision in Macedonian law that allowed religious instruction in grade schools. Article 26 of the Law on Elementary Education stated: "religious instruction can be studied in the primary schools as a subject of personal choice." The court found the provision inconsistent with Macedonia's Constitution.

FLDS Defendants Challenge Search Warrants Used In Ranch Raid

In El Dorado, Texas yesterday, attorneys for ten indicted members of the FLDS Church filed motions in state court to suppress evidence that came from searches of the sect's YFZ Ranch last year. The highly publicized raids also led to the state’s taking temporary custody of some 439 children that lived on the FLDS compound in Sleicher County (TX). (See prior posting.) Identical 61-page motions challenging the validity of two search warrants were filed yesterday on behalf of each of the defendants who are charged with a number of offenses, including sexually abusing children. They argue:

[T]he authorities used a hoax phone call as an excuse for staging a massively intrusive raid upon a disfavored religious group…. Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find.

Today's Deseret News and San Angelo (TX) Standard-Times report on the motions.

Identities of Those Rejected As Ambassador To Vatican Disclosed [Corrected]

Earlier this month, it was reported that the Vatican had rejected three names put forward as the possible nominee for U.S. ambassador to the Holy See. Yesterday the London Times disclosed the identity of two of the three whose views made them unacceptable to Vatican officials: Caroline Kennedy and law professor Douglas Kmiec. [An earlier version of this posting made reference incorrectly to a third name-- which came from my misreading of the Times report-- thanks to a Commenter for the heads up.]

Cuba Withholds Visas From USCIRF Delegation

Last Monday, the U.S. Commission on International Religious Freedom announced that the government of Cuba has prevented a USCIRF delegation from visiting by withholding visas. The trip, which had been planned for many weeks, was intended to include meetings with various religious groups and with Cuban government officials to discuss freedom of religion in Cuba. The Cuban government offered no explanation and did not set an alternative date for the delegation’s visit. [Thanks to Scott Mange for the lead.]

Public School Courses From Kabbalah Center Draw Criticism

In Los Angeles, church-state questions are being raised by a Spirituality for Kids course that is being offered at nine elementary schools and three community sites. Today's Los Angeles Times reports that the course was developed by Karen Berg, who leads the Los Angeles Kabbalah Centre, with her husband, Rabbi Philip Berg. While Kabbalah is a traditional form of Jewish mysticism, the Kabbalah Center website claims that the organization is non-religious. The school classes do not mention "kabbalah", but use terms common in the Kabbalah Centre's programs. In one class, teacher Jenna Zucker and a facilitator wore the knotted red strings often used in kabbalah to ward off the "evil eye." Supporters say the public school course is a spirituality program that uses language common to many faiths. Others however are more skeptical. Orthodox Rabbi Yitzchok Adlerstein says the program does not belong in public schools. [Thanks to Patrick S. O'Donnell for the lead.]

School Board Grants Grooming Exemption For Native American High Schooler

The Somerset (TX) Independent School District Board of Trustees voted Monday to grant an exemption from the district's grooming policy for high schooler Jesus Figueroa. Today's Houston Chronicle reports that the vote came after a judge had ordered school officials to permit the boy to return to the classroom while his case was being litigated. Figueroa is a P'urhépecha Indian from Mexico. He believes his hair is a gift from the Great Spirit and should be cut only to mourn the death of a loved one. Apparently the boy initially claimed an exemption based on free expression grounds. The school board was more amenable to granting an accommodation once the claim was based on religious grounds and Figueroa's parents filed a document with the court indicating that they are Native Americans.

Tangipahoa Parish School Board Adopts Minor Changes In Policy On Invocations

Today's Baton Rouge (LA) Advocate reports that the Tangipahoa Parish (LA) School Board has made minor modifications in its policy on invocations preceding Board meetings. A lawsuit is pending against the Board broadly challenging its invocation policy which is based on a Model Policy developed by the Alliance Defense Fund. (See prior posting.) That challenge is set to go to trial in federal court on June 1.

The changes made at last Thursday's meeting-- largely at the urging of ADF-- provide that congregations can request to be added to the Board's list of potential invitees to deliver an invocation, and in case of a question about whether the religious organization is bona fide, the Board will rely on the IRS list of exempt organizations. The amendments also provide that students or others called on to deliver the Pledge of Allegiance, the national anthem or the preamble to the Constitution at a Board meeting are not required to attend the invocation. Students will be introduced after the invocation and the call to order of the meeting to prevent pressure on them to attend board-sponsored prayers.

Tajikistan Islamic Leader Resigns From Parliament In Protest of Religion Law

In Tajikistan, Muhammadsharif Himmatzoda, spiritual leader of Tajikistan's Islamic Revival Party, has resigned his seat in Parliament. Taiwan News reports today that the resignation came in protest of the country's new Religion Law. The controversial law was signed by Tajikistan's president last month. (See prior posting.)