Two Amish Families Held In Contempt Over Sewage Code Compliance

In Ebensburg, Pennsylvania, at a contempt hearing on Friday, a state court judge ordered the homes of two Amish families padlocked, and the occupants evicted, until they complied with court orders to bring the homes into compliance with the county's building and sewage codes. The Altoona Mirror reports that the judge gave the families-- who are members of the conservative Swartzentruber Amish sect--until Monday morning to remove their belongings. The court had issued a preliminary injunction in February ordering the families to comply. However defendants say compliance would violate their religious beliefs. (See prior posting.)

Activists Will File Criminal Complaint Against Pope In Israel

As Pope Benedict XVI arrives in Israel Monday on his trip to the Middle East, two activists plan to file a criminal complaint against him in the Jerusalem Magistrate's Court charging him and others with possessing stolen goods, receiving items considered stolen and receiving goods that were obtained through criminal means. According to yesterday's Arutz Sheva, the complaint alleges that archaeological and scholarly treasures that belong to the Jewish people are being held by the Vatican in Rome. At issue are a number of relics from the Second Temple, destroyed in 70 C.E. The items-- including the 7-branch golden menorah-- were allegedly taken to Rome by Titus who plundered the Temple. The complaint also covers some 7500 books in the Vatican library taken there hundreds of years later.

British Court Upholds Ban On Hindu Funeral Pyres

Yesterday a British High Court rejected a challenge by a 70-year old Hindu man living in Britain to the country's ban on open-air funeral pyres used in traditional Hindu funerals, saying it must respect the political process. India Times and the London Telegraph report that the lawsuit, brought by Davender Ghai, founder of the Anglo-Asian Friendship Society, was a test case for the British Hindu community. The suit claimed that Britain's Cremation Act 1902 and the Cremation Regulations 2008 violate Articles 8 (respect for private and family live) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The court, however, concluded that the ban was justified because others in the community would find the use of pyres to be offensive. The court gave Ghai permission to take the case to the Court of Appeal. (See prior related posting.)

Court Hears Petition To Force Teenager To Have Chemo Over Religious Objections

Today was the second day of a trial in a Minnesota state court on a petition filed by state child protection workers who want to force 13-year old Daniel Hauser to have chemotherapy and radiation treatments for his Hodgkins lymphoma-- a treatment that results in 95% survival rates. Daniel changed to complementary medicine, including dietary changes and ionized water, after suffering side effects from a first round of chemotherapy. Yesterday's Argus Leader reports on the background of the case, while AP and Fox News report further on the trial proceedings. The teenager says that he is a medicine man and church elder in the Native American religion of the Nemenhah band of Indians from Minnesota. While the family is not of Native American background, the boy and his mother were adopted into the band. Daniel says he will resist any attempt to administer chemotherapy to him, and his doctor says it would be difficult to forcibly administer it. However physicians say the boy is likely to die without the treatment.

6th Circuit Defines Test For Religious Accommodation Claim Against Union

Title VII of the 1964 Civil Rights Act prohibits employment discrimination by labor unions as well as by employers. In Reed v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, (6th Cir., May 7, 2009), the U.S. 6th Circuit Court of Appeals faced the question of how to apply to unions the religious accommodation standards it has developed in employer cases. In cases charging an employer with failure to accommodate an employee's religious beliefs, the employee must prove a prima facie case by showing he was discharged or disciplined for failing to comply with an employment requirement that conflicts with his religious beliefs. Only then does the issue of the reasonableness of any accommodation come into play.

In Reed, an employee who had religious objections to union membership was accommodated by allowing him to contribute the full amount of union dues to charity. The employee, however, argued that he should be allowed to contribute to charity $10 per month less-- the smaller amount that equals the agency fee charged by the union in lieu of dues to those who object to the union's political stances. The lead opinion written by Judge Batchelder held that the employee, Jeffrey Reed, had suffered no discipline or adverse employment action other than the accommodation itself. Thus he had not proven a critical element of his claim.

Judge Guy, concurring in the result, concluded that Reed's claim fails because the accommodation offered by the union was reasonable. Judge McKeague, dissenting, argued that Reed had established his prima facie case by showing that he was subjected to adverse employment action. He was required to pay more as a religious objector than he would have had to pay as a secular objector to union membership. Judge McKeague went on to hold that the accommodation offered by the union was unreasonable and discriminatory. [Thanks to Jonathan Adler via Joe Slater for the lead.]

Under Pressure, National Mock Trial Group Agrees To Accommodate Sabbath Needs

Under intense pressure, the National High School Mock Trial Competition yesterday, at the last minute, agreed to a compromise that will accommodate the Sabbath observance needs of the Jewish team members from Maimonides High School of Brookline, Massachusetts in this week end's tournament. (See prior posting.) JTA reported that the team will be permitted to start the competition Thursday afternoon and, if Maimonides reaches the finals, the start of the championship round will be delayed from 5 p.m. until 9:30 p.m., after sundown, on Saturday. Maimonides had originally wanted all of its rounds scheduled on Thursday and Friday-- a change that organizers said was unreasonable.

This year's competition is being held in Atlanta, hosted by the Georgia State Bar. ADL yesterday said the schedule change came only after Judge Doris Downs, Chief Judge of Fulton County (GA) Superior Courts, said the competition could not use Fulton County courtrooms if all schools could not fully participate. Also, ADL Southeast Regional Board Chair Elizabeth Price tendered her resignation as a member of the Georgia State Bar's board of governors when the Association refused to support accommodation for the Jewish school. Adding even further pressure, according to a release from the Orthodox Union, were questions raised by Georgia Governor Sonny Purdue's office and questions raised by the Civil Rights Division of the US Department of Justice as to whether Georgia State Courts could receive federal grant funds if they discriminated. Today's Fulton County (GA) Record also has coverage of Judge Downs' role in obtaining the changed schedule.

UPDATE: Here is the competition organizers' side of the dispute in a press release from NHSMTC. It says that the Maimonides team had earlier accepted a compromise under wihich it would merely not participate in Saturday rounds. The organizers say they also provided other accommodations involving more hotel space and dietary considerations.

Settlement In Case Challenging NC Park Speech Rule

Liberty Counsel announced yesterday that a settlement has been reached with the North Carolina Division of Parks and Recreation in a suit challenging the constitutionality a rule that requires a permit for any meeting, exhibition, ceremony, or speech in a state park. The suit was filed after several members of Grace Baptist Church of Wilson (NC) who were picnicking at Fort Macon State Park were told they needed a permit when they shared their religious beliefs with other park visitors. (See prior posting.) Under the terms of the settlement, signed a day before a scheduled hearing on an injunction, the state will institute a formal rule making process to adopt new rule whose terms have been negotiated with Liberty Counsel. The state will also pay attorney’s fees and costs.

Oklahoma Legislature Authorizes 10 Commandments At Capitol

AP reported yesterday that the Oklahoma House of Representatives, by a vote of 83-2, has passed HB 1330, the Ten Commandments Monument Display Act [full text, Word doc]. The bill, previously passed by the Senate, now goes to Gov. Brad Henry for his signature. It provides in part:

The State Capitol Preservation Commission ... is hereby authorized to ... arrange for the placement on the State Capitol grounds of a suitable monument displaying the Ten Commandments. The ... monument shall use the same words used on the monument at issue in Van Orden v. Perry, that the United States Supreme Court ruled constitutional. This monument shall be designed, constructed, and placed on the Capitol grounds by private entities at no expense to the State of Oklahoma....

In the event that the legality or constitutionality of the Ten Commandments monument is challenged in a court of law, the Oklahoma Attorney General or Liberty Legal Institute is hereby authorized to prepare and present a legal defense of the monument.

The placement of this monument shall not be construed to mean that the State of Oklahoma favors any particular religion or denomination thereof over others, but rather will be placed on the Capitol grounds where there are numerous other monuments.

The family of Rep. Mike Ritze, sponsor of the bill, will pay the $10,000 cost of the monument.

European Parliament Recommends Directive Protecting Kosher Slaughter

According to a European Parliament press release, yesterday the European Parliament approved a new directive on protection of animals at the time of slaughter, with an exemption for slaughter according to religious ritual. (Full text of resolution, Word doc, scroll to pg. 114). The release explains:

MEPs approve the principle that animals must be slaughtered using only methods that ensure death instantly or after stunning, except in the case of religious ritual, for which they called for the current blanket exemption to be preserved rather than allowing for exemptions to be decided at national level.

EJP reports that the proposal now goes for a vote by the EU Council of Ministers, scheduled for next month. Currently kosher slaughtering of animals is banned in Sweden, Norway, Finland, Latvia, Estonia and Lithuania, while Switzerland permits it only for poultry. The European Jewish community is concerned that the impact of the bill could be undercut because a vote is scheduled next month by the Council of Ministers on whether even animals killed in religious rites are required to be stunned before slaughter. Kosher slaughtering does not permit stunning.

Parents Sue For Records of Lesbian Minister's Talk At High School

Pacific Justice Institute announced yesterday that it had filed suit on behalf of more than 20 California parents against the Castro Valley (CA) Unified School District seeking to force the school board to comply with a public records request. At issue is an attempt by parents to obtain all records relating to a presentation made in Castro Valley High School math and science classes by a lesbian minister. Students say the minister spoke about her lesbian wedding and and other events in a presentation titled "Out for Good."

President Signs National Day of Prayer Proclamation

Today President Obama signed a Proclamation (full text) declaring May 7, 2009 as a National Day of Prayer, as required by Public Law 100-307 (36 USC Sec. 119). The Proclamation reads in part:

Throughout our Nation's history, Americans have come together in moments of great challenge and uncertainty to humble themselves in prayer.... It is in that spirit of unity and reflection that we once again designate the first Thursday in May as the National Day of Prayer.

The White House released a photo of the President signing the Proclamation, with Joshua DuBois, Director of the White House Office for Faith-Based and Neighborhood Partnerships, looking on.

At Tuesday's White House Press Briefing (full text), this exchange between reporters and Press Secretary Robert Gibbs took place:

Q: Robert, can I ask about Thursday? The National Day of Prayer -- the President, as I understand it, is going to sign a proclamation but there's not going to be a public ceremony, as the Bush administration did. Why the difference in approach? Does the President have a different feeling about this event than his predecessor?

MR. GIBBS: No, I mentioned, I think when I was asked about this last week, that prayer is something that the President does every day. I think, given some of the issues that you all have denoted today, it might be a healthy thing. But we're doing a proclamation, which I know that many administrations in the past have done.

Q: The previous administration had a ceremony with prayers and speeches and such. Does he think -- the current President think that that was politicized in some fashion?

MR. GIBBS: No, I'm not going to get into that. Again, I think the President understands, in his own life and in his family's life, the role that prayer plays. And I would denote that administrations prior to the past one did proclamations. That's the way the President will publicly observe National Prayer Day. But as I said, privately he'll pray as he does every day.

Q: Is he going to pray at the church that he calls his own?

MR. GIBBS: I'm sorry --

Q: Will he soon pray in a church that he calls his own?

MR. GIBBS: He may. Amen. (Laughter.)

[See prior related posting.]

Controversy Surrounds Today's National Day of Prayer

Today is National Day of Prayer, and the the White House's decision not to host a formal event marking the occasion continues to generate controversy. As reported previously, the President will issue a Proclamation marking the day, but will not be involved beyond that. The National Day of Prayer Task Force holds its event, led by Beth Moore and Shirley Dobson, at 9:00 a.m. in the Cannon House Office Building on Capitol Hill. Liberty Counsel has announced that:

following the National Day of Prayer Service, members of Congress and leaders of faith-based groups will hold a bipartisan press conference to affirm America's Christian heritage, as outlined in America’s Spiritual Heritage Resolution (H.Res. 397), and to address President Obama's recent statement, made while visiting Turkey, that "we do not consider ourselves a Christian nation or a Jewish nation...."

H. Res. 397 is in committee and has not as of this time been voted on by the House. Yesterday's Washington Times quotes several critics of President Obama. Shirley Dobson, chairwoman of the National Day of Prayer Task Force, said: "At this time in our country's history, we would hope our president would recognize more fully the importance of prayer." Wendy Wright, president of Concerned Women for America, added: "For those of us who have our doubts about Obama's faith, no, we did not expect him to have the service. But as president, he should put his own lack of faith aside and live up to the office."

Meanwhile the same Washington Times article reports that neither President Obama nor other top administration officials will attend the 6th annual National Catholic Prayer Breakfast scheduled for Friday. Joe Cella, a spokesman for the Catholic event, said that while the President would have been welcome to attend, he would not have been permitted to speak because of a 2004 statement from the U.S. Conference of Catholic Bishops (full text) calling on Catholic groups to avoid honoring politicians who oppose Catholic teachings on human life. At Mirror of Justice blog, Rob Vischer questions whether this was the result the Bishops intended by their 2004 directive. Keynote speaker at the Catholic breakfast will be U.S. Supreme Court Justice Antonin Scalia.

Maine Is 5th State To Permit Gay Marriage; New Hampshire Bill Sent To Governor

Maine yesterday became the 5th state to authorize same-sex marriage as Gov. John Baldacci signed LD 1020, "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom." The Brunswick (ME) Times Record reports that the bill moved quickly through the state legislature. Last Thursday the State Senate approved it by a vote of 21-14, the House followed on Tuesday with an 89-57 vote, and the Senate gave its final approval yesterday by a vote of 21-13. While authorizing same-sex marriage, the new law goes on to provide:

This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.

AP reports that opponents of the new law say they will challenge it through a statewide referendum. Seacoast Online says that Rev. Bob Emerich of the Jeremiah Project in Plymouth (ME) will be working with the Portland Catholic diocese and other groups to obtain the 55,087 signatures needed to get a referendum measure on the statewide ballot.

Later yesterday, the New Hampshire legislature also passed a bill permitting same-sex marriage. (CNN). HB 436 provides however that:

Members of the clergy as described in RSA 457:31 or other persons otherwise authorized under law to solemnize a marriage shall not be obligated or otherwise required by law to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion protected by the First Amendment to the United States Constitution or by part I, article 5 of the New Hampshire constitution.

The state Senate last week approved the bill by a vote of 13-11. Yesterday the House approved it by a vote of 178-167. The Concord Monitor says that it is unclear whether or not Gov. John Lynch will veto the bill. In the past he has said that his personal views are opposed to same-sex marriage.

Obama's Mother Was Baptized Posthumously By Mormons

America Blog and the Provo (UT) Daily Herald reported this week that during the 2008 Presidential campaign, someone in the Mormon Church in Provo, Utah posthumously baptized Stanley Ann Dunham, Barack Obama's mother. Time and Seasons explains that the Church has tried to limit baptisms by proxy except where requested by direct descendants. Dunham's name was apparently submitted to the church's FamilySearch.org genealogical site multiple times by at least three different people in three states. The proxy rites were performed in June of 2008, presumably without the knowledge of anyone in the Obama family. Politico quotes LDS spokeswoman Kim Farrah who said in an e-mail statement: "The offering of baptism to our deceased ancestors is a sacred practice to us and it is counter to Church policy for a Church member to submit names for baptism for persons to whom they are not related. The Church is looking into the circumstances of how this happened and does not yet have all the facts. However, this is a serious matter and we are treating it as such."

According to Mormon beliefs, after vicarious baptism, the deceased can choose whether or not to accept the ordinances. (About.com.) In the past, Mormon attempts to posthumously baptize Holocaust victims has generated tensions between the LDS Church and the Jewish community. (AP, 11/11/2008).

Hawaii Legislature Passes Resolution Proclaiming "Islam Day"

Hawaii's House and Senate have passed and sent to the governor for signature House Concurrent Resolution 100, declaring September 24, 2009 as "Islam Day" in Hawaii "to recognize the rich religious, scientific, cultural, and artistic contributions Islam and the Islamic world have made since their founding." The Senate vote yesterday approving the measure was 22-3. AP reports that the two Republicans opposing the Resolution were concerned about radical Islamists and said other religions had no special day honoring them. The one Democrat voting against it was concerned about church-state separation. Some 13 "Whereas" clauses in the Resolution stress the contributions and values of Islam.

Tentative Ruling By California Judge Goes Against Break-Away Episcopal Diocese

In Fresno, California, a Superior court judge has issued a tentative ruling in Diocese of San Joaquin v. Schofield, (Super. Ct., May 4, 2009) [scroll to pg. 48]. He proposed granting summary judgment rejecting the validity of amendments to the articles of incorporation of the corporation sole, The Protestant Episcopal Bishop of San Joaquin. Those amendments purported to eliminate the requirement that any new bishop be approved by Episcopal church bodies and ordained by 3 Episcopal bishops. The diocese attempted to implement the amendment to facilitate its break off from the Episcopal Church and its affiliation with the more conservative Province of the Southern Cone. Holding that state courts must defer to the highest ecclesiastical authority of an hierarchical church on questions of religious doctrine, the court concluded that civil courts must recognize Bishop Jerry Lamb who was installed by the Episcopal Church as the Bishop of San Joaquin after Bishop John-David Schofield broke way. It similarly held that the amendment to change the name of the corporation to The Anglican Bishop of San Joaquin was ultra vires and void.

According to yesterday's Religious Intelligence, the court held a hearing on May 5 for the parties to respond to the tentative ruling. In the hearing, attorneys for the break-away diocese argued that summary judgment is improper because there is a factual dispute about whether the Episcopal Church is "hierarchical." They also claim that the church failed to give proper notice of the meeting at which Lamb was elected as the continuing bishop. The Episcopal Church responded that the court lacks authority to review its internal procedures. Virtue Online also reports on the court's tentative ruling.

Legislative Invocations Reprinted By Paper

Yesterday's Oklahoma Gazette reprints at length excerpts from invocations and remarks by clergy offered in the Oklahoma House of Representatives this legislative session. Each week a state representative invites a member of the clergy to be pastor of the week. Usually they offer a prayer on Monday through Wednesday, and on Thursday give short remarks which can be reprinted in the House Journal if requested by the sponsoring member. From Bible verses, to humor, to inspiration, the prayers and remarks cover a wide range of topics.

Pontifical Academy of Social Sciences Focuses On Human Rights

The 15th Plenary Session of the Pontifical Academy of Social Sciences is meeting in the Vatican through Tuesday. The meetings this year are focused on Catholic social doctrine and human rights. Pope Benedict XVI addressed the group (full text of remarks). He said in part:

In the middle of the last century, after the vast suffering caused by two terrible world wars and the unspeakable crimes perpetrated by totalitarian ideologies, the international community acquired a new system of international law based on human rights....

The Church's action in promoting human rights is therefore supported by rational reflection, in such a way that these rights can be presented to all people of good will, independently of any religious affiliation they may have. Nevertheless..., human reason must undergo constant purification by faith, insofar as it is always in danger of a certain ethical blindness caused by disordered passions and sin; and, on the other hand, insofar as human rights need to be re-appropriated by every generation and by each individual....

This perspective draws attention to some of the most critical social problems of recent decades, such as the growing awareness - which has in part arisen with globalisation and the present economic crisis - of a flagrant contrast between the equal attribution of rights and the unequal access to the means of attaining those rights. For Christians ... it is a shameful tragedy that one-fifth of humanity still goes hungry. Assuring an adequate food supply, like the protection of vital resources such as water and energy, requires all international leaders to collaborate in ... promoting solidarity and subsidiarity with the weakest regions and peoples of the planet as the most effective strategy for eliminating social inequalities ... and for increasing global security.

Mary Ann Glendon, president of the the Academy, delivered remarks (full text) upon being received by the Pontiff during the plenary session. After focusing on the Church's "long engagement with human rights," she also commented that: "in today's world, ironically, many threats to the dignity of the person have appeared in the guise of human rights."

Judge McConnell, 1st Amendment Expert, Will Move From 10th Circuit To Stanford

Press releases yesterday from Stanford Law School and the U.S. 10th Circuit Court of Appeals announced that Circuit Judge Michael W. McConnell will resign from the court to join Stanford Law School's faculty as director of the the Stanford Constitutional Law Center. McConnell is widely recognized as an expert on 1st Amendment religious freedom issues. Before being appointed to the 10th Circuit, he served on the faculties of University of Chicago and University of Utah law schools. (See prior related posting.)

DC Council, Over Religious Objections, Votes To Recognize Gay Marriages From Elsewhere

According to the Washington Post, over the opposition of a number of local ministers and others, the D.C. City Council yesterday voted 12-1 to recognize gay marriages performed elsewhere. The sole vote against the bill was former D.C. Mayor Marion Barry, who said he decided on his vote after prayer and discussion with religious leaders. He says his vote represents his constituents' wishes. (US News.) If, as expected, Mayor Adrian M. Fenty signs the bill, Congress will then have 30 days to pass, and send to the President for his signature, a joint resolution disapproving the law. (DC Home Rule Act, Sec. 602(c)). Immediately after the Council vote, a crowd of opponents, led by local ministers, began shouting that new Council members were needed. Security guards had to be called to restore order. If this bill is approved by Congress, it is expected that Council will later move to authorize gay marriages to be performed in the District.