Contempt Citation Sought For Violation of School Event Prayer Ban In Florida District

Earlier this month, a Florida federal district court formally approved a consent decree barring the Santa Rosa (FL) school district and its employees from including prayers in any school event. (See prior posting.) Yesterday's Pensacola (FL) News Journal reports that now the ACLU has filed a motion seeking to hold school clerical employee Michelle Winkler in contempt for violating the preliminary injunction that preceded the consent decree [corrected]. Winkler called on her husband-- who is not employed by the district-- to deliver a prayer at the school district's "non-instructional employee of the year" banquet after Winkler was told that she could not offer a prayer, but only a nonreligious "thought of the day." In seeking permission, Winkler had e-mailed a supervisor, saying: "I would like to use the prayer I had prayed about and received from God and will suffer whatever consequences for." The contempt motion contends that district officials should have intervened to stop the prayer at the banquet, or at least afterward told those in attendance that it violated the court order.

Catholic Leaders Urge Removal of Harry Knox From Faith-Based Advisory Council

On Wednesday, two dozen conservative Catholic religious and political leaders sent a letter (full text) to President Barack Obama urging him to remove Harry Knox from the President's Advisory Council on Faith-Based and Neighborhood Partnerships. Among the signers was House Republican Leader, John Boehner. The letter charges that: "Knox is a virulent anti-Catholic bigot, and has made numerous vile and dishonest attacks against the Church and the Holy Father." Knox is director of the Faith and Religion Program at the Human Rights Campaign, an LGBT civil rights organization. CNS News reports on Knox's reaction. He told a Newsmax interviewer: "I have a tremendous amount of respect for the Roman Catholic Church and for all the good that it does. I do think that we have a real disagreement about the role of lesbian, gay, bisexual, and transgender people, both in the role of the church and in the role of public service." (See prior related posting.)

Australian State Charges Racial Vilification In Posting of Anti-Semitic Video

AP reported yesterday that in Perth, Australia, a 38-year old man has been charged with violating Western Australia's Racial Vilification Act of 2004 by posting a threatening anti-Semitic 10-minute video on YouTube. Under Australian law, defendants cannot be identified by name until their first court appearance. If the prosecution is successful, the defendant will become the first person convicted under the law.

En Banc Review Sought In Arizona Scholarship Tax Credit Case

The Institute for Justice announced yesterday that it has filed a petition with the 9th Circuit Court of Appeals seeking en banc review of the 3-judge panel's decision in Winn v. Arizona Christian School Tuition Organization. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. Most of the funds are used for scholarships to religious schools. (See prior posting.) The Institute argues that the Arizona program is religiously neutral. It says that nothing in the law encourages parents or taxpayers to choose religious organizations or schools over secular ones.

Tennessee AG Says Specialty Plate For Church Is Unconstitutional

On Wednesday, the Tennessee Attorney General's Office issued Opinion No. 09-82 finding that a proposed bill to create a specialty license plate honoring the Church of God in Christ would violate the Establishment Clause. SB2145, as amended, provides that the funds produced by sale of the plates will be allocated to Church of God in Christ Charities. The AG's opinion concludes that the proposed law favors one religious entity and that both the message on the plates and the direct payment of funds to the church and its charities would be seen as an endorsement of religion. Finally, the Opinion concludes that the program would probably require monitoring to make sure that the funds were not used for religious purposes, and that would create an unconstitutional intrusion into church operations. Wednesday's Memphis Commercial Appeal reported on the AG's advisory opinion.

New Monograph Traces Limits On Government Funding of Religion

The Pew Forum on Religion & Public Life announced yesterday that it has issued a new report titled: Shifting Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Organizations. The 18-page monograph traces the history-- beginning in the 18th century-- of public funding of religious activity and the development of legal principles restricting funding. This is the fifth in a series of reports issued by the Pew Forum, beginning in 2007, under the label: "Religion & the Supreme Court: The Pillars of Church-State Law."

Pope Continues Mid East Trip In West Bank Amid Politics of the Region

Zenit reports on the fifth day of Pope Benedict XVI's Middle Eastern trip. He spent yesterday in the West Bank, delivering four addresses. In at least two of them, he again tread into the politics of the Israeli-Palestinian conflict. During a welcome from Palestinian president Mahmoud Abbas at the presidential palace in Bethlehem, Pope Benedict spoke (full text) saying in part:

Mr. President, the Holy See supports the right of your people to a sovereign Palestinian homeland in the land of your forefathers, secure and at peace with its neighbors, within internationally recognized borders.... It is my earnest hope that the serious concerns involving security in Israel and the Palestinian Territories will soon be allayed sufficiently to allow greater freedom of movement, especially with regard to contact between family members and access to the holy places.

Later in the day the Pope spoke at Aida Refugee Camp near Bethlehem, where he praised the work of Catholic aid agencies who provide humanitarian assistance to refugees (full text of remarks). He said in part:

My visit to the Aida Refugee Camp this afternoon gives me a welcome opportunity to express my solidarity with all the homeless Palestinians who long to be able to return to their birthplace, or to live permanently in a homeland of their own....

Towering over us ... is a stark reminder of the stalemate that relations between Israelis and Palestinians seem to have reached -- the wall. In a world where more and more borders are being opened up -- to trade, to travel, to movement of peoples, to cultural exchanges -- it is tragic to see walls still being erected.... On both sides of the wall, great courage is needed if fear and mistrust is to be overcome, if the urge to retaliate for loss or injury is to be resisted. It takes magnanimity to seek reconciliation after years of fighting. Yet history has shown that peace can only come when the parties to a conflict are willing to move beyond their grievances and work together towards common goals, each taking seriously the concerns and fears of the other, striving to build an atmosphere of trust. There has to be a willingness to take bold and imaginative initiatives towards reconciliation: if each insists on prior concessions from the other, the result can only be stalemate

Today, according to the New York Times, the Pope will meet with Israeli Prime Minister Benjamin Netanyahu. Again political considerations shape the location. The two leaders will meet at the Church of the Annunciation in Nazareth instead of at the Apostolic Delegation in East Jerusalem that Benedict often uses. The Los Angeles Times last week reported on a complicated exchange between reporters and a spokesman for the Vatican who attempted to sidestep the political issues that would have been presented by a meeting at the East Jerusalem site that is officially known as the Apostolic Delegation of Jerusalem and Palestine.

7th Circuit En Banc Hears Arguments On Condominium Mezuzah Ban

Yesterday, the U.S. 7th Circuit Court of Appeals en banc heard oral arguments in Bloch v. Frischholz (recording of full arguments). In the case, a 3-judge panel of the Court last July rejected a claim under the federal Fair Housing Act by a Chicago condominium owner who objected to a condo association rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door. The majority opinion in the 2-1 panel decision was written by Judge Frank Easterbrook. Judge Diane Wood dissented. (See prior posting.) The Chicago Tribune, reporting on yesterday's oral arguments, focuses on the active questioning by Judge Wood, who has been widely mentioned as a possible nominee to the U.S. Supreme Court. Here is a link to all the briefs that have been filed in the case.

DC Church Gets Demolition Permit Despite Its Historic Landmark Status

Washington, D.C.'s Third Church of Christ, Scientist, has finally won the right to demolish its downtown church building, despite its designation in 2007 as an historic landmark. The concrete building, designed by architect Araldo Cossutta, is an example of "brutalist" architecture. (Photo of building.) The Washington Post reports on the decision handed down Tuesday by the Mayor's Agent for Historic Preservation. In In re Third Church of Christ, Scientist, Washington, D.C., (DC Hist. Pres. Off., May 12, 2009), the Mayor's Agent held that denying a demolition permit will cause the Church unreasonable economic hardship-- a ground under the District's historic landmark law to allow demolition. The building is in need of substantial repairs that the Church cannot afford. The opinion concludes:

Although the Church’s present predicament results from design choices it agreed to, albeit reluctantly, those choices were made in the hope of achieving breakthrough architecture. To force this congregation to live with, and almost certainly die as a result of the failure of its experiment would dissuade others from choosing the novel over the mundane.

However the decision conditioned granting of the permit on the Church's maintaining its downtown presence in a new building. It is not clear whether this ruling moots a pending federal court action challenging the historic landmark designation originally imposed on the Church. (See prior posting.)

Canadian Parents Seek Funding For Blind, Deaf, Learning Disabled In Faith Schools

Today's Canadian Jewish News reports on a hearing scheduled for later this month in Ontario Divisional Court in Toronto in a lawsuit seeking government funding of services for blind, deaf and learning disabled children attending religious parochial schools. The lawsuit, filed in 2007 by parents of Jewish and Muslim children, alleges that their rights under Canada's Charter of Rights and Freedoms are being infringed. Children in public and Catholic schools in Ontario receive funding for these services. Religious schools get funding from the Ministry of Health for speech therapy, occupational therapy, physiotherapy, nursing services and dietetic services. Parents want the Ministry to use a $10 million surplus it has in the account for health services for students in faith-based schools to assist blind, deaf and learning disabled students as well. Currently the Ministry of Education is responsible for these student needs.

West Virginia Mother Sues Over School Immunization Requirements

Yesterday's Charleston (WV) Daily Mail reports on a lawsuit filed in federal court last month by a mother who objects on religious grounds to her 6-year old daughter receiving her required immunizations to attend school. The mother says her beliefs are a combination of Baptist and Pentecostal doctrines. While West Virginia allows medical exemptions from the immunization requirements, it is one of only two states (the other is Mississippi) that have no exemption for religious or philosophical objections. The mother, Jennifer Workman, also says she is concerned that her daughter Madison might develop autism from the required vaccines. Workman's other daughter was diagnosed with atypical autism and other health problems shortly after she received immunizations. Madison is being home-schooled while the case is pending. State authorities say Workman failed to go through the state appeals process to obtain an exemption before filing the lawsuit.

UPDATE: The May 18 West Virginia Record reports that the judge in the case has entered a temporary restraining order permitting the girl to attend school until the end of this school year while the case is pending. However, under the terms of the order, the school can remove the girl if cases of any disease preventable by vaccination break out at the school.

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.

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.]