Group Announces Campaign To Encourage Graduation Prayer

Now that graduation season is upon us, Liberty Counsel this week announced its annual "Friend or Foe" Graduation Prayer Campaign. It says it is "seeking to educate and, if necessary, litigate to ensure that prayer and religious viewpoints are not suppressed during public school graduation ceremonies." It is distributing its legal memorandum on the issue, suggesting student messages, student or outside speakers selected by religion-neutral criteria, or privately-sponsored graduation ceremonies as techniques that can be used, though most of them do not insure that the speaker will present a prayer.

Lawsuit Filed Over Control of Ft. Worth Episcopal Diocese

The controversy between two groups, both claiming to be the Episcopal Diocese of Ft. Worth (TX) (see prior posting), has not surprisingly now found its way into court. The Ft. Worth Star-Telegram reported this week on a lawsuit filed by the reorganized diocese that remains loyal to the Episcopal Church USA against a break-away group that has affiliated with the more conservative Anglican Province of the Southern Cone. The complaint (full text) filed in Tarrant County District Court last week seeks a declaration that plaintiffs are the proper authorities entitled to control and use Diocese property, including the name, seal and other intellectual property of the Diocese. It asks the court to order defendants to vacate the Diocese's real property and seeks an accounting. It also asks for recognition of trustees elected by plaintiff as the proper trustees of the Diocesan Corporation.

Suit Charges Texas AG's Office With Religious Discrimination

Texas Lawyer reports that earlier this month the former appellate section chief in the Texas Attorney General's Child Support Division filed a religious discrimination lawsuit against the AG's office. She claims that Good Friday gets preferential treatment over Jewish holidays. Texas Government Code §662.003(c) and 662.006 provide that state employees may take a paid day off for Rosh Hashana, Yom Kippur or Good Friday, (defined as "optional holidays") but must give up a state holiday during the same fiscal year to make up for it. Plaintiff Rhonda Pressley claims that the AG's office permits employees to take Good Friday afternoon-- but not Jewish holidays-- off without making the time up on another holiday. Her complaint alleges that she was terminated either because she complained to the EEOC about this religious discrimination and/or because she complained that her supervisor favored male employees. The AG's office says that Pressley was terminated for unprofessional conduct.

Iowa Recorders Are Told They Must Issue Same-Sex Marriage Licenses

According to yesterday's Gay & Lesbian Times, now that the Iowa Supreme Court has legalized same-sex marriage in the state (see prior posting), Victoria Hutton of the Iowa Department of Public Health has notified all 99 county recorders that they must issue marriage licenses to same-sex couples. Some of the recorders have religious objections to doing so. Meanwhile yesterday's Des Moines Register reports that Iowa magistrate Francis Honrath has decided he will stop performing all marriage ceremonies. A number of other judges and court officials are expected to take similar stands.

Malaysia Will Bar Conversion of Children Where One Spouse Changes Religion

Islam Online reports that the government of Malaysia yesterday decided that civil marriage laws and other laws should be amended to require that children be raised in the religion that both their parents shared at the time of their marriage. If one spouse converts after the marriage, he or she will not have the right to have the children converted as well. To the extent this will require changes in Islamic law, the issue will be brought to the attention of the Sultans who are in charge of religious affairs. The issue has come up in a recent high profile case in which a Hindu husband converted to Islam and then apparently converted the children as well without the consent of his still-Hindu wife. The wife is suing for custody of the children.

UPDATE: Reaction to the government's decision has been swift. Friday's Malaysia's Star reports that the High Court in Ipoh handed down an initial ruling in the case of the Hindu wife that triggered much of the concern. The court granted M. Indira Gandhi interim custody of her three children and an injunction preventing her husband from entering their home.

Meanwhile, a debate on the constitutionality of the government's decision began. Friday's Bernama reports that the director of the Department of Islamic Development Malaysia says the proposal is inconsistent with Article 12(4) of the Constitution that provides: "the religion of a person under the age of eighteen years shall be decided by his parent or guardian." He emphasizes that the Constitutional language refers to "parent" in the singular. On the other side, Malaysia Today argues that the government's position is constitutional, pointing out that the Eleventh Schedule to the Constitution on interpretive principles provides that "words in the singular include the plural, and words in the plural include the singular."

UPDATE 2: On May 6, PTI reported that a High Court judge granted an interim stay of the order that gave Ghandhi interim custody of her children. The husband claimed the civil court lacks jurisdiction and that he has a custody order issued by a Shariah court. The husband has been evading service of the civil court's interim custody order, and a motion to hold him in contempt is pending.

Nomination of Creationist As Texas Board of Education Chair Is In Trouble

Texas State Board of Education Chairman Don McLeroy was elevated from board member to his chairmanship position as an interim appointment by Gov. Rick Perry in the summer of 2007. Now, finally, the Texas Senate is holding hearings on whether to ratify his nomination to the chairmanship. (Eye on Williamson). The Austin Statesman reports that McLeroy faced "searing questioning" by the Senate Nominations Committee on Wednesday. Sen. Eliot Shapleigh says that McLeroy has used his chairmanship to promote his religious views on issues such as Bible course curriculum, language arts instruction and science standards.

The Houston Chronicle reports that McLeroy, a dentist, admits he is a "young earth Creationist" who believes the earth is about 6000 year old. However McLeroy says he has not pushed his viewpoints into educational policy and that the recently adopted science curriculum standards were not religious. (See prior posting.) McLeroy needs 21 votes from the 31-member Texas Senate for confirmation. It is unclear whether he will be able to get that amount of support. Nominations Chairman Mike Jackson said he will not move ahead on the Senate floor with the nomination if it looks like it would not pass. [Thanks to Scott Mange for the lead.]

Connecticut Law Implements Same-Sex Marriage Ruling With Exemptions For Religious Organziations

Yesterday Connecticut Governor M. Jodi Rell signed S.B. No. 899, a bill to implement the state Supreme Court's 2008 decision validating same-sex marriages. (AP). The bill also recognizes same-sex civil unions from other states and merges Connecticut civil unions into marriages. On Wednesday, the Senate and House both adopted amendments granting extensive religious exemptions. Those exemptions provide:

[A] religious organization ... or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization ..., shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if the request for [them]... is related to the solemnization of a marriage or celebration of a marriage and such solemnization or celebration is in violation of their religious beliefs and faith....

... The marriage laws of this state shall not ... shall not require a fraternal benefit society ... which is operated, supervised or controlled by ... a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment to the Constitution of the United States and section 3 of article first of the Constitution of the state.

Nothing in this act shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or social services if such religious organization does not receive state or federal funds for that specific program or purpose.

The bill also provides that no member of the clergy shall be required to solemnize any marriage in violation of his or her right to the free exercise of religion and no church shall be required to participate in solemnizing a marriage in violation of its religious beliefs.

Yesterday's edition of The Edge reports on the amendments adopted Wednesday. Yesterday's Hartford Courant, reporting on the bill, points out that the state legislature rejected broader proposals that would have exempted objecting individuals and businesses from having to provide services in connection with same-sex marriages.

Judge Refuses To Enjoin Installation of New Pastor of Prestigious NY Church

The New York Times reported yesterday that a New York state trial judge effectively denied a motion for a temporary injunction sought by dissidents to prevent the installation of Rev. Dr. Brad R. Braxton as Senior Pastor of the historic Riverside Church on Manhattan's upper West side. Judge Lewis Bart Stone adjourned the case until late May, well after the installation of Rev. Braxton scheduled for Sunday. A group of congregants are concerned about the size of Braxton's compensation package and his more conservative style of religious practice. In the past, Riverside Church has been a center of social activism. The judge urged the parties to reach a settlement of their disputes.

Report Urges Changes To Protect Against Improper Searches of Muslims Returning to US

Earlier this week, Muslim Advocates issued a report titled Unreasonable Intrusions: Investigating the Politics, Faith & Finances of Americans Returning Home. Here is an excerpt from the Executive Summary of the 52-page report:

Law-abiding Muslim, Arab and South Asian Americans returning home after overseas travel have experienced widespread, systematic and profound privacy intrusions by federal agents at the nation’s borders and airports. U.S. Department of Homeland Security ("DHS") Customs & Border Protection ("CBP") agents have questioned individuals about their political beliefs, religious practices, and charities they support. Agents have also sought to review and copy business cards, credit cards, and data on laptops, digital cameras and cell phones. These interrogations and searches are taking place without evidence or even suspicion that the travelers have engaged in wrongdoing.

These experiences and others chronicled in this report suggest that law-abiding Americans are being systematically selected by CBP agents for searches and interrogations on the basis of race, religion, and national origin. Far from serving legitimate aims, such profiling undermines security, wasting scarce government resources and generating mountains of false leads, as well as eroding trust between law enforcement authorities and the public....

Muslim Advocates proposes a series of discrete policy revisions that would restore constitutional protections eroded by the status quo border security apparatus and allow ample authority for the government to conduct legitimate activities to protect our nation’s security. They include steps that both the executive branch and Congress can take to better protect our nation’s border and our rights.

Farhana Khera, Executive Director of Muslim Advocates, wrote about the report Wednesday on the Washington Post's Faith Divide blog.

6th Circuit Hears Oral Arguments In 10 Commandments Case

Yesterday, the U.S. 6th Circuit Court of Appeals heard oral arguments in ACLU v. Grayson County, Kentucky. In the case, a Kentucky federal district court, on Establishment Clause grounds, permanently enjoined a display of the Ten Commandments as part of a Foundations of American Law and Government Display in the Grayson County Courthouse. (See prior posting.) AP reported that the judges questioned counsel more than usual, as the two sides debated whether or not the county had a secular purpose for the display.

Hindu Group in RLUIPA Case Says Temple Size Is A Religious Necessity

AP reported yesterday that the Adhi Parasakthi Charitable, Medical, Educational and Cultural Society has recently filed a federal lawsuit against West Pikeland Township, Pennsylvania, challenging the Township's refusal to permit the group to build a Hindu Temple larger than 5,000 square feet on a 24.5 acre site in an area zoned residential and conservation. The group wants to build a 26,000-square-foot temple and a 9,000-square-foot auxiliary support building on the site in Chester Springs. Neighbors object. Some of them voiced concerns at the Township Supervisors meeting about a "mosque" and possible movement in of Hindus.

According to a report by Westpikeland.org, proceedings at the Zoning Hearing Board hearing last August revealed that while Hindu group has some 200 members, only about 20 live within 50 miles of the proposed Temple site. The group's attorney, Richard Lipow, says the size of the proposed Temple is dictated by religious considerations. Certain gods need to be a distance from others. The group says that the Township's zoning ordinances violate the Religious Land Use and Institutionalized Persons Act as well as the group's free exercise, free expression and assembly rights. [Thanks to Scott Mange for the lead.]

Markup of Hate Crimes Bill Begins, Amid Opposition By Some Christian Groups

Yesterday, the House Judiciary Committee began the mark-up of HR 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009. Among other things, the bill will extend coverage to certain crimes committed because of a person's actual or perceived sexual orientation or gender identity. It will also increase assistance to state and local governments in fighting hate crimes. The Advocate reports that Republican Congressmen opposed to passage of the bill offered a large number of amendments, all of which were defeated. One amendment proposed adding "unborn child" to the definition of those against whom Hate Crimes might be perpetrated. Another amendment proposed adding "pregnant women." Rep. Steve King of Iowa suggested changing the bill's name to the "Local Law Enforcement Thought Crimes Prevention Act of 2009."

Some Christian groups are again this year raising the spectre that the bill, if enacted, would infringe the right of Christian ministers to oppose homosexuality. For example, Jeff King, president of International Christian Concern, called the bill "a backdoor tool from the far left and radical homosexuals to shut down legitimate free speech from Christians and others who oppose their lifestyle." ICC argued that the federal aiding and abetting statute (18 USC 2) could allow prosecution of those "who teach that homosexual behavior is sinful and that Islam is a false religion." A release issued by Americans United this week counters the argument, saying:

The bill penalizes assault and physical violence, not speech. In fact, the legislation makes it clear that free speech is protected. Section 10 states, "Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution."

UPDATE: CQ reports that on Thursday (4/23), the House Judiciary Committee approved the Hate Crimes bill by a vote of 15-12. The Committee defeated more than a dozen proposed Republican amendments to the bill.

"Defamation of Religion" and the Durban Review Conference Final Draft

JTA reports that delegates at the United Nations Durban Review Conference in Geneva this week surprisingly adopted the Conference final document on Tuesday, three days before the end of the conference. This move was apparently designed to prevent further debate and modification of the document, or perhaps to prevent further walkouts by delegates. The New York Times describes the action by Conference delegates a bit differently. It reports that while final adoption of the resolution will occur on Friday, on Tuesday the resolution was adopted by the committee that coordinates the conference so that it is no longer open to debate or amendment.

Particularly after the inflammatory speech on Monday by Iranian President Mahmoud Ahmadinejad, most of the press attention has been focused on the Conference's treatment of the Israeli-Palestinian issue. Here the Conference's final document is seen by the U.S. and some other countries as no improvement over Durban I because it "reaffirmed" the 2001 Durban Declaration. (Philadelpha Evening Bulletin.) Anne Bayefsky in the New York Daily News yesterday expanded on the anti-Israel elements of the Conference.

However, another issue of concern leading up to the conference has been efforts by Islamic states to get language into the final document barring "defamation of religion." That reference was removed in negotiations last month. (See prior posting.) The language remains out of the final document; but reference to "negative stereotyping of religions" remains in. This reference can be used by countries to prevent debate or criticism of religious ideas. (See press release from ARTICLE 19.) However the final document also strongly emphasizes the importance of freedom of expression.

In what appears to be the final version of the Outcome Document that was adopted (March 17 draft from UN Watch), here is the relevant language:

10. Recognizes with deep concern the negative stereotyping of religions and the global rise in the number of incidents of racial or religious intolerance and violence, including Islamophobia, anti-Semitism, Christianophobia and anti-Arabism;
　
11. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law, as well as the dissemination of ideas based on racial superiority and hatred and acts of violence and incitement to such acts, and that these prohibitions are consistent with freedom of opinion and expression;....

55. Reaffirms the positive role that the exercise of the right to freedom of opinion and expression, as well as the full respect for the freedom to seek, receive and impart information can play in combating racism, racial discrimination, xenophobia and related intolerance;
　
56. Stresses that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society, since it ensures access to a multitude of ideas and views;

Another press release this week from the UK free speech group, ARTICLE 19, decrying the boycotting of the Conference by some countries, describes the Document's language on free expression in more upbeat terms than many other rights groups might be willing to do:

Months of negotiation have resulted in a draft Outcome Document that reaffirms the essential role of freedom of expression and freedom of information while omitting any reference to "defamation of religions", a concept rejected by free speech activists because it protects belief systems against criticisms or jokes and is incompatible with international human rights law. The Document's current language acknowledges the primacy of the individual as rights holder rather than religion.

According to Mr. Moataz El Fegiery, Executive Director of Cairo Institute for Human Rights, "The replacement of 'defamation of religion' with language protecting an individual's freedom of belief represents a significant acknowledgment by the international community that international law does not recognise this concept; and that it should not be used by the United Nations."

Amended Complaint Protests Second Song Given To 3rd Graders In Florida School

Last week, a Florida federal district court issued a preliminary injunction on Establishment Clause grounds barring Webster Elementary School in St. Johns County, Florida from directing students to rehearse or perform the Diamond Rio band's song, "In God We Still Trust." (See prior posting.) On Tuesday, an amended complaint was filed in the case charging that five days after the issuance of the preliminary injunction, the music teacher at Webster began to teach another "sectarian" song, again to third-graders. This one is titled "Chatter With the Angels." According to yesterday's St. Augustine Record, the amended complaint charges that directing students to perform "Chatter" constitutes retaliation against plaintiffs for having brought the suit challenging "In God We Still Trust." The amended complaint seeks a preliminary injunction barring introduction of this song until the court can rule on the merits of plaintiffs' objections.

In an updated report this morning, the St. Augustine Record says that Chatter With the Angels, an African-American spiritual, is in an approved textbook used throughout the state, and the song has been on the state's approved teaching list for over 20 years. School district officials say the song will not be sung again until the court makes a ruling. Here, via YouTube, is a performance of "Chatter With the Angels" by a Bridgeport (CT) Children's Choir.

NY Murder Trial, Pevaded By Religion, Ends with Convictions

The New York Times on Monday reported on the conclusion of a Queens (NY) murder trial that has torn apart the small local community of Bukharian Jews. The two defendants were sentenced to life in prison without parole. One defendant, Dr. Mazoltuv Borukhova was charged with hiring the other defendant, Mikhail Mallayev, to murder her estranged husband, Dr. Daniel Malikov, after a court awarded temporary custody of their daughter to Malikov. The murder took place on a playground in front of the 4 year old daughter. As reflected in a New York Times article last month, the defendants' religion has been a pervasive theme in the background of the trial:

Both Dr. Borukhova and Mr. Mallayev told the police that they would never be involved in anything illegal because of their religious beliefs. Dr. Borukhova's relatives sit every day in the second row of State Supreme Court, murmuring prayers from books printed in Russian and Hebrew. Dr. Malakov’s relatives occasionally hiss at them across the aisle.

Covering their hair in accordance with religious rules for married women, Dr. Borukhova’s sisters wear bouffant wigs that became an issue when prosecutors claimed that an eyewitness saw one sister at the murder scene..... Mr. Mallayev wore a black leather skullcap and matching jacket early in the trial, but switched to a more staid look: a suit and a velvet yarmulke bearing the Star of David. Earlier, he refused on religious grounds to shave his beard to appear in a lineup, finally agreeing to a shave with an electric razor.

The defendants' Sabbath observance became the center of another controversy as the judge attempted to assure that the trial would end and the jury would return a verdict before his previously scheduled vacation was to begin. In order to avoid court appearances on the Sabbath, defendants' counsel ended up having only overnight to prepare his summation, while the prosecution ended up with the weekend to prepare theirs.

Just before sentencing, Mallayev told the judge he did not kill anyone, saying: "I live by the Ten Commandments." During sentencing, Justice Robert J. Hanophy quoted both the New Testament and Confucius.

Suit Challenges Use of Church For High School Graduation

Americans United yesterday announced that it has filed a lawsuit in a Wisconsin federal court seeking to enjoin the Elmbrook (WI) School District from holding graduation ceremonies for its two high schools in Elmbrook Church (or any other religious venue) unless all religious symbols visible to attendees, both inside and outside the church, are covered or removed. The complaint in Does v. Elmbrook Joint Common School District No. 21, (ED WI, filed 4/22/2009) (full text), alleges that the district has held high school graduation in the sanctuary of Elmbrook Church for nearly a decade. A 15 to 20 foot high cross towers above the graduates during the ceremony. (Photo.) The Church has made a policy decision that it will not cover the cross during the ceremonies, wishing to rent out its facilities for use without compromising the Church's identity. The Memorandum In Support of Plaintiffs' Motion for Preliminary Injunction (full text) argues that the use of the Church for graduation ceremonies under a large cross is a manifest violation of the Establishment Clause.

German Parents Challenge Sex Education Module in European Human Rights Court

Earlier this week in Germany, the parents of an 11 year old girl filed an Application (full text) with the European Court of Human Rights challenging a fine of 120 Euros imposed on them by a German court for their refusal to send their daughter to school for four days during which a module on sexual abuse prevention was being taught. The classes focused on a stage play titled "My Body Is Mine". The parents, Eduard and Elisabeth Elscheit allege that the play and classes infringed their ability to instill Christian ethics in their daughter Franziska. They argue that the classes encourage children to become sexually active by teaching them to follow their inner feelings on sexuality. The parents contend that Protocol 1, Art. 2 of the European Convention for the Protection of Human Rights protects their right to educate their children according to their own religious and philosophical beliefs. Alliance Defense Fund, which is representing the parents, issued a release on Tuesday announcing the appeal.

Miss California's Comments On Gay Marriage Create Controversy

Last Sunday night, Miss North Carolina, Kristen Dalton, was crowned Miss USA. (ABC News). However much of the attention since then has been focuses on runner-up, Miss California-- Carrie Prejean. The consensus seems to be that Prejean lost the top spot because of an answer about gay marriage that she gave in response to a question by, Perez Hilton, one of the judges. Prejean said: "I think it's great Americans are able to choose one or the other.... [I]n my country, in my family I think that I believe that a marriage should be between a man and a woman. No offense to anybody there, but that's how I was raised and that's how I think it should be, between a man and a woman." (ABC News).

The fallout continues. Fox News published an article Tuesday exploring whether Prejean had a cause of action for religious discrimination. And others injected the incident into the battle in Congress over enactment of the Local Law Enforcement Hate Crimes Prevention Act of 2009 (HR 1913) which has again been introduced into Congress. As reported by the Washington Post, an e-mail sent on Monday to supporters by Gary Bauer of American Values said that the incident: "should be a wake-up call to men and women of faith and everyone who cherishes freedom of speech and religious liberty. The backlash to (Miss California's) commonsense comments demonstrates the naked intolerance of the militant homosexual movement . . . And if it gets its way in Congress, comments like (hers) may someday be considered a 'hate crime.'" David Waters, in a Washington Post blog, also reflects on the entire series of events.

9th Circuit Says Arizona Scholarship Tax Credits Likely Violate Establishment Clause

In Winn v. Arizona Christian School Tuition Organization, (9th Cir., April 21, 2009), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court's dismissal of a lawsuit challenging Arizona's scholarship tax credit program. The Court of Appeals held that plaintiffs have taxpayer standing. It went on to conclude that plaintiffs' allegations state a claim that Arizona's program as applied violates the Establishment Clause. Arizona grants a tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations." STO's in turn award private school scholarships to children. In practice, 85% of contributed funds are available only for scholarships to religious schools.

The court wrote at length distinguishing Arizona's plan from the school voucher program upheld by the U.S. Supreme Court in the Zelman case. Here, while taxpayers have a choice of which STO's they will support, parents' choices are constrained by taxpayers' decisions of which STO's to fund. The state has delegated discretion to taxpayers that is used to create incentives for parents to send their children to religious schools. (See prior related posting.) Phoenix's East Valley Tribune reports on the decision.

Two Days of Negotiations Start Over Reform of FLDS Land Ownership

According to AP, today in Salt Lake City, Utah, two days of meetings begin between all the parties to try to reach an agreement on how to finally deal with FLDS Church property owned by the United Effort Plan Trust. In 2005, Utah appointed a special trustee to modify the trust and provide for secular management of the property owned by the polygamous FLDS sect. The trustee, Bruce Wisan, has been moving toward eventually conveying the land to FLDS members (and former members) in private ownership. FLDS members, however, say that their religious beliefs call for sharing of the land by those who adhere to Church teachings. The Utah Attorney General's office has drafted an initial proposal that it has shown to Wisan and to the Colorado attorney general's office, but not to the FLDS negotiators. (See prior related posting.)

UPDATE: The Salt Lake Tribune reported on Thursday that there are some signs of compromise in the negotiations. The major issues are how to allow FLDS members and those who left or never belonged to FLDS to live together. There are also questions of how to manage common areas such as a park, cemetery and health clinic, and how to pay the UEP trust's debts. One proposal under discussion is a 5-person board made up of 2 FLDS members, 2 non-members and a neutral to deal with housing claims.