Thursday, May 14, 2009

NY Assembly Passes Same-Sex Marriage Bill; Fate In Senate Unclear

The New York Assembly on Tuesday passed, by a vote of 89-52, A07732, a bill that would legalize same-sex marriage. The bill also provides that no member of the clergy is required to solemnize a marriage. The bill now goes to the state Senate where, according to NY1 News, it is unclear whether it will pass. Tuesday's New York Times says that conservative religious groups are mobilizing to fight against passage of the bill.

Wednesday, May 13, 2009

President Declares May As Jewish American Heritage Month

President Obama yesterday issued a Proclamation (full text) designating May as Jewish American Heritage Month. The Proclamation declares: "Jewish American history demonstrates how America's diversity enriches and strengthens us all." After "call[ing] upon all Americans to commemorate the proud heritage of Jewish Americans with appropriate ceremonies and activities," the Proclamation ends with the standard-- though here rather out of place-- statement: "IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May, in the year of our Lord two thousand nine...."

National Mock Trial Championship Places Asterisks On Standings of Rescheduled Teams; [UPDATE: Then Are Removed]

As previously reported, the National High School Mock Trial Competition last weekend, under intense pressure, agreed to reschedule certain rounds for Maimonides High School of Brookline, Massachusetts in order to accommodate the Sabbath observance of Jewish students from the school. Yesterday JTA reported that Maimonides won two and lost two trials. The official 2009 Championship Results on the national sponsor's website lists Maimonides as tying for 20th place with Hampden Academy of Maine-- both with asterisks after their entries. The footnote to the standings says: "20th place awarded to Massachusetts and Maine due to deviation from typical team advancement and progressive power-matching." In addition, Georgia's Decatur High School is listed as unranked with this note: "Georgia Decatur High School could only compete in two rounds to accommodate a deviation in the competition schedule, so the team is not ranked." It is unclear whether the footnotes for Maine and Georgia result from their being paired out-of-turn with Maimonides, or relate to different scheduling changes. JTA reports that other teams at the competition were very supportive of the schedule modification granted to Maimonides. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

UPDATE: A commenter points out that as of May 14, the asterisks beside the rankings of the Massachusetts and Maine teams has been removed.

US Elected To Seat On UN Human Rights Council

Yesterday's Washington Post reports that the United States for the first time has been elected to membership on the 47-member United Nations Human Rights Council. The U.S. has been strongly critical of the workings of the Council, and in the Bush administration chose not to seek a seat on it. (See prior posting.) U.S. Ambassador to the U.N. Susan Rice said there are still problems with the Council, but added: "We are looking forward to working from within with a broad cross-section of member states to strengthen and reform the Human Rights Council." (See prior related posting.) A State Department release also announces the U.S. election to the 3-year term on HRC. [Thanks to Alliance Alert for the lead.]

IRS Says Foundation Did Not Violate Non-Profit Rules

The Dallas Morning News reported yesterday that the Internal Revenue Service has cleared the Niemoller Foundation, a 501(c)(3) organization, of improper partisan political activity when it funded the Texas Restoration Project that hosted six "Pastors' Policy Briefings" before the 2006 elections. Texas Freedom Network had charged that the the Briefings were disguised attempts to get out the vote for Texas Governor Rick Perry's re-election campaign. (See prior posting.) However the IRS ruled that the conferences merely encouraged congregations to "vote their values," and did not encourage supporting a specific candidate. A Liberty Legal Institute press release announced the IRS ruling.

UPDATE: The full text of the IRS letter to the Niemoller Foundation is available from BNA Daily Report for Executives (subscription required).

Pope's Middle East Visit Continues To Be Politically Delicate

Arutz Sheva this morning reports on the continuing political delicacy of Pope Benedict XVI's visit to the Middle East. On Wednesday he travelled to Bethlehem, on the West Bank, to officiate in a Mass at Manger Square near the Church of the Nativty. Among the politically sensitive moments of his West Bank visit were his welcome by Palestinian Authority Chairman Mahmoud Abbas who gave the Pope as a gift a piece of cement from the controversial security barrier that Israel has built to stop suicide bombers from West Bank towns. The Pope also met in Bethlehem with Arab families who left Israel in 1948. He referred to them as "homeless"-- a characterization that has important significance in the Palestinians' demands for the right to return to Israel proper. While the Pope supports creation of an independent Palestinian state, he also encouraged Arab youth to avoid terrorism.

USCIRF Creates New Fellowship Program

The U.S. Commission on International Religious Freedom announced Monday that it has created the Joseph R. Crapa Fellowship Program in memory of USCIRF's former Executive Director. Each fellowship will be for a period of up to 12 months, and the person selected will spend most of his or her time in residence at USCIRF headquarters in Washington. USCIRF is interested in applicants who wish to study any of a broad group of issues relating to international aspects of religious freedom. Applications are due by June 15, 2009.

EU Official Says Lisbon Treaty Will Ensure Consultation With Religious Groups

Last year, Irish voters rejected the Lisbon Treaty in a referendum, partly out of concern that the European constitutional treaty failed to mention Europe's Christian roots in its Preamble. More broadly Irish voters were concerned about Europe's rejection of religion in the public sphere. (See prior posting.) A second vote on the Treaty will be held in Ireland this Fall. EU Observer reported Monday that European Parliament President Hans-Gert Poettering urged Irish voters to approve the Treaty, saying that it will ensure a consultative role for European religious leaders. Speaking after the annual meeting of religious leaders and EU institutions, Poettering said that without ratification of the treaty, future annual meetings of the sort that have been held since 2005 could not be assured.

Paper Explores Attempt To Organize A Good News Club

The Santa Barbara Independent last week carried a long investigative article chronicling an attempt to create a Good News Club program at Cold Spring Elementary School in Santa Barbara, California. Written by an elementary school parent, Katherine Stewart, who opposed the initiative to create the after-school Bible group, the article observes:
If the legal juggernaut of militant Evangelism makes the prospect of opposing the Good News Club daunting, the personal politics can be even more troubling for concerned parents. "I earn a living from my business in this community, and there are a lot of religious people here," said the Wisconsin father who objects to the club's activities in his school. "But I know that if I were to go public with my objections, I'd lose a lot of clients and my kids would get targeted." A California mother added: "My kids are going to be in this school system for many years. I don’t want them getting blowback from their peers. And I don’t want them to be discriminated against by their teachers." Another parent in New York said, "As a member of a religious minority, there is an additional sense of burden. You feel like your behavior is being scrutinized, you are worried about stereotyping. So you don’t speak up."
In a surprise ending, the effort at Cold Spring failed when no children showed up for the first Good News Club meeting. [Thanks to both Patrick O'Donnell and Katherine Stewart for the lead.]

Mexican State Amends Constitution To Define "Person" As Including Fetus

In the Mexican state of Guanajuato last week, the State Legislature approved an amendment to the state's Constitution to define "persons" under the law as "all human beings from conception to natural death." According to CNA's report on the legislature's action, at least nine other Mexican states have adopted similar constitutional amendments. (See prior related posting.)

Tuesday, May 12, 2009

Pope In Israel Finds Himself In Midst of Controversy

During the first day on the Israel leg of his Middle East trip, Pope Benedict XVI finds himself in the midst of political controversy. He delivered an address (full text) during his visit to Yad Vashem, the memorial to victims of the Holocaust. While Zenit described The Pope's remarks as "a moving address" that focused on the importance of remembering the names of Holocaust victims, Haaretz reported on some who were critical of the speech:
The chairman of the Yad Vashem Directorate, Avner Shalev, said he expected the pope, "who is a human being, too," to draw on his personal experience to issue a stronger condemnation of Nazis and Germans, who were not directly mentioned in the speech. The pope grew up in Nazi Germany and served in both Hitler Youth and the Wehrmacht, before deserting from the army in 1944. Shalev, however, said the speech was "important," especially in its criticism of denial of the Holocaust....

The chairman of Yad Vashem, Rabbi Yisrael Meir Lau, himself a Holocaust survivor, complained of the pope's usage of the word "millions" instead of the more specific "6 million" when speaking of the Holocaust's Jewish victims, as well as over his use of the word "killed" rather than "murdered."

The Pope's remarks included a plea that Holocaust victims' suffering "never be denied, belittled or forgotten!" Sky News points out the importance of this statement, since in recent months the Pope has been strongly criticized for lifting the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson. (See prior posting.)

Later in the day, the Pope spoke to leaders of interreligious dialogue efforts in a meeting at the Notre Dame Center in Jerusalem. (Full text of remarks.) At the end of the meeting, Sheikh Taysir al-Tamimi, the head of the Sharia religious courts in the West Bank and Gaza, delivered an unscheduled speech, lashing out at Israeli policy and insisting that Jerusalem was "the eternal political, national and spiritual capital of Palestine." Haaretz and the Financial Times report that the speech, delivered in Arabic, did not have simultaneous translation. The conference, as scheduled, broke up immediately after al-Tamimi's speech, and the Pope, when informed of the nature of al-Tamimi's remarks, left the conference hall with his entourage.

Appeal To DC Circuit Filed In Case Upholding Part of National Park Speech Permit Regs

On Monday, a Notice of Appeal to the Court of Appeals for the District of Columbia was filed in Boardley v. Department of Interior. In the case, the D.C. federal district court in a March 17, 2009 opinion (full text) held that a portion of national park regulations are invalid. The suit, brought by an individual who wanted to hand out gospel tracts at the Mt. Rushmore National Memorial challenged the constitutionality of 36 CFR 2.51 and 2.52 which authorize park superintendents to designate locations and require a permit for: "[p]ublic assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views" and for the "sale or distribution of printed matter." The court held that the application of the regulation to "public assemblies" is a facially invalid prior restraint on speech. It delegates overly broad discretion to administrative officials. However the court upheld the remainder of the regulations. A release yesterday by Alliance Defense Fund announced the filing of the appeal challenging the court's upholding of parts of the regulations requiring an advance permit. (See prior related posting.)

Oklahoma House Resolution Opposes U.N. Convention on Rights of the Child

Yesterday the Oklahoma House of Representatives passed 61-28 and sent on to the state Senate House Concurrent Resolution 1033 (full text Word doc). The resolution "condemns the United Nations Convention on the Rights of the Child and urges the United States Senate to reject its ratification." As Religious Dispatches reported last week, concern that the U.S. might ratify the treaty has become the focus of much activity by conservative Christian groups who claim that the Convention would prevent parents from disciplining their children, from forcing them to go to church and would stop them from preventing their daughters from having abortions. Conservatives began to focus on the treaty after Barack Obama, during the Presidential campaign, said it was embarrassing that only the U.S. and Somalia have failed to ratify the 1989 treaty. Supporters of the treaty say that no country which has ratified it has experienced interference with parental rights from its provisions.

Zoning Challenge Filed By Illinois Jewish Day School

According to today's Evanston (IL) Review, an Orthodox Jewish organization filed suit in state court yesterday challenging the city of Evanston's denial of a special use permit to allow use of a former warehouse building as a Jewish day school. The group, Joan Dachs Bais Yaakov-Tiferes Tzvi, is challenging zoning regulations that allow "religious institutions and religious membership organizations" in the area, but exclude "religious educational institutions." The city, in denying the permit, expressed concerned about loss of property taxes. The complaint in the lawsuit alleges the zoning denial was arbitrary and unreasonable and that it violates the group's constitutionally protected speech and free exercise rights.

BBC Appoints Muslim As Head of Religious Programming

Despite the concern that has been expressed by some Christians in Britain, the BBC yesterday appointed Aaqil Ahmed to be head of all the broadcasters' religious programming. Ahmed is an experienced broadcasting executive. The London Mail says that the appointment for the first time places a Muslim in one of the most influential religious roles in the country.

Quebec Court Awards Damages To Raelians For Invasion of Privacy By Press

Yesterday's National Post reports on a decision by the Court of Quebec awarding $9000 in damages to two members of the Raelian movement who say their privacy was infringed by the undercover activities of a Sun Media Corp. reporter who infiltrated the sect. The two plaintiffs (a psychologist and a contractor) claim that they suffered injuries from their exposure as high-ranking Raelians. The lengthy decision in ville A (Québec) v. Corporation Sun Media, (Ct. of Que., March 31, 2009) (full text in French) (unofficial English translation) balances privacy rights with free press concerns. Describing the Raelian movement, the court says:
Rael, born in France, believes he is the result of the union between an Eloha, a member of an extra-terrestrial family, the Elohim, and a woman from Earth, and that after having received the good message from these which manifested themselves to him early in his adult life, he gave himself the mission to prepare the Elohim’s return on Earth and to create favourable conditions for humans of the Earth for them to give us eternal life.
The Raelian movement issued its own press release on the decision.

Monday, May 11, 2009

Privy Council Holds Trinidad & Tobago's Trinity Cross Unconstitutional

Great Britain's Privy Council Judicial Committee hears appeals of certain cases decided by Trinidad and Tobago's Court of Appeal. (Background.) In Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc. v. The Attorney General of Trinidad and Tobago, (Privy Council, April 28, 2009) [Word doc), the Privy Council held that Trinidad and Tobago's Trinity Cross of the Order of Trinity, the country's highest award for meritorious service or gallantry, is unconstitutional under Trinidad and Tobago's Constitution as "an infringement of the rights and freedoms of members of the Hindu and Muslim communities in Trinidad and Tobago."

The decision reverses a 2007 judgement of the Trinidad and Tobago Court of Appeal holding that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. (See prior posting.) The Privy Council concluded that the Letters Patent issued by the Crown is not the type of enactment or law that is protected against scrutiny under Trinidad and Tobago's Constitution. However the Privy Council also held that its judgment does not retroactively invalidate past awards of the Trinity Cross. Lord Mance issued a concurring judgment offering an alternative rationale for finding the award unconstitutional.

The Privy Council agreed to decide the case even though in 2008 Trinidad and Tobago changed the name of the award to The Order of the Republic of Trinidad and Tobago, changed the name of Order of the Trinity to The Distinguished Society of Trinidad and Tobago, and replaced the Cross with a Medal. Friday's London Times reported on the Privy Council decision.

Indiana Atheist Group Sues Over Rejection of Bus Ad

The Indiana Atheist Bus Campaign (IABC) was organized to eliminate the stigma of atheism. Building on campaigns in Canada and the UK, its goal was to place ads promoting its views on city busses. However the Bloomington (IN) public transit system rejected IABC's ad, which read "You Can Be Good Without God." The company based its refusal on the transit system's policy that excludes controversial public service announcements or ads on controversial public issues. (Atheist Bus Campaign press release.) On May 5, the ACLU, on behalf of IABC, filed a federal lawsuit challenging the transit company's ad policy as unconstitutionally vague and overbroad. The complaint (full text) in Indiana Atheist Bus Campaign v. Bloomington Public Transportation Corp., (SD IN, filed 5/5/09) seeks a declaratory judgment and an injunction. An ACLU May 7 press release (Word.doc) as well as IndyChannel on Friday reported on the lawsuit. IABC announced today that, in contrast to Bloomington, the Transpo bus system in South Bend (IN) will run their ad.

Yemen Begins Study of Religious School Curriculum; Plans Mosque Database

Yemen's Ministry of Endowment and Guidance has begun a review of the curriculum at the over 4,500 religious schools in the country. It plans to revise the curriculum where it is not compatible with Islamic teachings and to close schools that promote terrorism. Yesterday's Yemen Post reports that the Ministry is attempting to encourage moderate interpretations of Islam by preachers in mosques and is planning a nationwide database of mosques and those who preach and work in them. In an attempt to improve living conditions of mosque preachers, the Ministry is paying some 6,000 of them a monthly bonus equivalent to $50(US).

British Sikhs On Police Force Want Bulletproof Turbans

BBC News reported last Friday that in Britain, the newly-formed British Sikh Police Association is pressing for more research to develop a bullet-proof turban. Currently Sikhs on the police force cannot serve as firearms officers because regulations would require them to wear a helmet which does not fit over a turban. Research is underway to find bulletproof material that could be used to make turbans.