Court Says Revenue Bonds For Religious College OK Under Establishment Clause

In Gillam v. Harding University, (ED AK, June 24, 2009), an Arkansas federal district court held that the city of Searcy, Arkansas did not violate the Establishment Clause when it issued tax-exempt revenue bonds to finance construction of facilities at Harding University. The University is affiliated with the Churches of Christ. The bonds were issued under the Arkansas Public Facilities Board Act which allows the city to set up a special board as the bond issuer. The court concluded that the bond issuance did not have the primary purpose or effect of advancing religion, nor did it create excessive entanglement. Harding did not use the bond proceeds to finance facilities used for religious instruction or as a place of religious worship. The court said that it is irrelevant here whether or not Harding University is a pervasively sectarian institution. Finally the court also rejected challenges claiming the bond issuance violated Art. 12, Sec. 5 of the Arkansas Constitution that ban cities from obtaining money for any private corporation, and Amendment 65 to the state Constitution that sets out certain limits on the use of revenue bonds. Arkansas News Service yesterday reported on the decision.

Gov. Sanford's Press Conference and Wife's Response Contain Extensive Religious References

As a posting today at Get Religion points out, South Carolina Gov. Mark Sanford's press conference yesterday confessing to an extra-marital affair (transcript) and his wife's statement reacting to it (full text) include extensive religious references. From Gov. Sanford's long statement to the press:

I am here because if you were to look at God's laws, there are in every instance designed to protect people from themselves. I think that that is the bottom line with God's law -- that it's not a moral, rigid list of dos and don'ts just for the heck of dos and don'ts. It is indeed to protect us from ourselves.... That sin is in fact grounded in this notion of what is it that I want, as opposed to somebody else.

And in this regard, let me throw one more apology out there, and that is to people of faith across South Carolina, or for that matter, across the nation, because I think that one of the big disappointments when, believe it or not, I've been a person of faith all my life, if somebody falls within the -- the fellowship of believers or the walk of faith, I think it makes it that much harder for believers to say, "Well, where was that person coming from?" Or folks that weren't believers to say, "Where, indeed, was that person coming from?" So one more apology in there.

But I -- I guess where I'm trying to go with this is that there are moral absolutes, and that God's law indeed is there to protect you from yourself. And there are consequences if you breach that. This press conference is a consequence.

And from Mrs. Sanford:

Psalm 127 states that sons are a gift from the Lord and children a reward from Him. I will continue to pour my energy into raising our sons to be honorable young men. I remain willing to forgive Mark completely for his indiscretions and to welcome him back, in time, if he continues to work toward reconciliation with a true spirit of humility and repentance.

This is a very painful time for us and I would humbly request now that members of the media respect the privacy of my boys and me as we struggle together to continue on with our lives and as I seek the wisdom of Solomon, the strength and patience of Job and the grace of God in helping to heal my family.

AU Wants Justice Department To Revoke or Modify Questionable Grants

Americans United yesterday released a letter (full text) that it has sent to Attorney General Eric Holder challenging nine separate Juvenile Justice and Byrne Law Enforcement Assistance grants that were funded by the Department of Justice through Congressional earmarks in fiscal 2008. The letter asks that five of the grants-- involving drug prevention and at-risk youths-- be terminated. It asks that four others-- involving transitional housing, juvenile offenders, at-risk youth and funding of a medical building also housing a college chapel-- either be terminated or modified to include appropriate safeguards. The letter raises Establishment Clause questions about the nine grants, claiming that grantees are using federal funds for religious activities or that they engage in religious-based hiring in staffing the grant programs. The letter urges the Obama administration to revoke a 2007 memorandum from the Office of Legal Counsel concluding that requiring a grantee to comply with religious non-discrimination in hiring provisions of the Safe Streets Act would substantially burden its free exercise of religion in violation of the Religious Freedom Restoration Act. (See prior posting.)

Hindu Leader's Attempt To Modify Bail Conditions Rejected By Court

In Ex parte Prakashandand Saraswati, (TX Ct. App., June 24, 2009), a Texas appellate court rejected petition for a writ of habeas corpus filed by a prominent Hindu spiritual master and teacher who was attempting to obtain a modification of conditions imposed when he was released on bail after being charged with 20 counts of indecency with a child by contact. More specifically, prosecutors charged that between 1993 and 1996, Prakashandand Saraswati fondled the breasts of two minor girls.

Saraswati is the leader of the JKP-Barsana Dham movement. Its North American headquarters is in Texas. Originally his bail was conditioned on his having no unsupervised contact with children under 17, surrendering his passport, and remaining at least 200 yards from Barsana Dham property. In May 2008, Saraswati and the prosecutor filed a stipulation modifying conditions of his bond. His passport was returned to him, but he agreed to continue to stay away from the Barsana Dham property in Hays County (TX). Subsequently he filed another motion, and then a habeas petition, seeking to amend conditions of his bond further so he could return to Barsana Dham to live, practice his religion, and associate with the adults living there. He claimed that the original conditions violated his 1st Amendment freedoms of religion and association. The court concluded, however, that Saraswati is estopped from complaining about conditions that he had negotiated and agreed to. The Austin American-Statesman yesterday reported on the decision.

In Kenya, Evangelicals Oppose Proposal For Separate Kadhi Court System

Kenya's Daily Nation yesterday reported that the Evangelical Alliance of Kenya (EAK) has threatened to mobilize its Pentecostal members to vote against the country's draft constitution when it is put to a referendum, if drafters move ahead with plans to provide in the constitution for a separate set of Kadhi Courts for Muslims. Apparently earlier this week, Justice and Constitution Affairs Minister Mutula Kilonzo assured the Supreme Council of Kenya Muslim that the Kadhi Courts would be created as a system separate from the remaining judiciary. EAK argues, however, that freedom of religion, belief and opinion means that each religion should manage its own institutions and the state should avoid supporting religious dispute resolution. (See background on Kenyan Constitution reform.)

Orthodox Church Will Aid Russian Authorities In Pursuing Debtors

AFP reported yesterday that Russia's Federal Bailiffs' Service is working with the Russian Orthodox Church to shame debtors and those delinquent in their alimony payments into paying up. On Sunday, the Church and FBS signed an agreement under which priests will use their "spiritual influence" to convince debtors that not paying back what is owed is equivalent to theft. FBS is also working with Buddhist and Muslim representatives in other areas of Russia to obtain similar cooperation in shaming debtors into meeting their obligations.

Rubashkin-- On Bail-- Can Leave Iowa For Trip To Mark Rebbe's Death

In January, an Iowa federal district court judge released Agriprocessors kosher meat packing executive Sholom Rubashkin on bail. However he was to remain in Allamakee County, Iowa, until his trial on a 142-count federal indictment charging him with harboring illegal workers, bank fraud and money laundering. (See prior related posting.) Yesterday, however, according to the Des Moines Register, the court gave Rubashkin-- a prominent member of the Chabad-Lubavitch movement-- permission to leave the state for a two-day religious trip to New York. Rubashkin, who will be accompanied by a friend, will be tracked by GPS while he is away. The occassion for the trip is a celebration of the 15-year anniversary of the death of Chabad sage, Rebbe Menachem Mendel Schneerson. Tens of thousands are expected to attend the event.

New Nixon Tapes Reveal Comments About Anti-Semitism

The New York Times reports that yesterday the Nixon Presidential Library released an additional 150 hours of tapes and 30,000 pages of documents. Among the audio tapes was a 1973 Nixon telephone conversation with Rev. Billy Graham. (MP3 file of conversation.) During the conversation, Graham complained about Jewish leaders-- particularly Rabbi Marc Tannenbaum-- who were opposing "Key '73", an evangelical outreach, as well as Campus Crusade. The Times quotes these remarks by Nixon from the conversation:

Anti-Semitism is stronger than we think. You know, it’s unfortunate. But this has happened to the Jews. It happened in Spain, it happened in Germany, it’s happening — and now it’s going to happen in America if these people don't start behaving. ... It may be they have a death wish. You know that’s been the problem with our Jewish friends for centuries.

ACLU Sues Federal Prison To Get More Group Prayer Times for Muslim Inmates

Last week, the ACLU filed suit in an Indiana federal district court challenging the policy at a federal prison unit in Terre Haute (IN) that limits group prayer by Muslim inmates to one hour per week on Fridays. AP reported yesterday that the lawsuit, brought under the Religious Freedom Restoration Act, focuses on the high security Communications Management Unit where 30 of the prison's 40 Muslim inmates are housed to control their contacts with outsiders. The two plaintiffs were convicted of crimes related to supporting Islamic military groups. The lawsuit says that prisoners are allowed out of their cells for other group activities, such as watching TV or playing cards, but cannot engage in group prayer. The suit asks the court to reinstate a former policy that allowed daily group prayer in the unit's multipurpose room.

South Bend Bus System Bans Future Ads Promoting Churches

Last month, the South Bend, Indiana bus system, Transpo, agreed to accept an ad from the Indiana Atheist Bus Campaign. The bus ad read: "You Can Be Good Without God." (See prior related posting.) Now that the month long contract to run that ad has expired, Transpo's board of directors on Monday adopted a new policy on acceptable ads. In the past, its rules merely allowed it to reject "controversial" ads. Concerned about the breadth of that standard, the new rules instead prohibit ads promoting cigarettes, churches, politicians, guns or pornography. Monday's South Bend Tribune and Tuesday's Examiner report on the Transpo board's action. [Thanks to Scott mange for the lead.]

UPDATE: Thanks to Bob Ritter, here is the full text of Transpo's new advertising policy. The new policy bans 13 types of ads, including ads that contain "any reference to a religion, creed, denomination, tenet, deity, belief, cause or social issue." The Preamble to the policy sets out a long series of reasons for the exclusions, including Establishment Clause concerns and preventing drivers from being placed in the position of having to operate a bus carrying ads that violate their moral or religious beliefs.

Obama Urged To Raise Human Rights, Religious Freedom At Russian Summit

President Barack Obama will travel to Moscow on July 6 to 8 for a summit meeting with Russian President Dmitry Medvedev. A White House announcement of the trip released last month indicated that it will focus on arms control, as well as business ties between the countries. Many others want President Obama to also focus on human rights abuses in Russia. Yesterday, Congressional leaders of the U.S. Helsinki Commission wrote the President (press release and full text of letter) urging him to raise concerns about religious and press freedoms in Russia. In particular, they urged focus on Russia's suppression of Jehovah's Witnesses, and return of a library of sacred Jewish texts to Agudas Chasidei Chabad from whom they were seized in the 1920's. (See prior related posting.) Meanwhile Human Rights First yesterday announced that it had written the President urging him to express concern to Russian leaders over the sharp rise in violent hate crimes in Russia. (Full text of letter.)

UPDATE: Human Rights First has made available online its 2008 Hate Crime Survey examining violent hate crime in OSCE countries.

Village and Church Settle Litigation Over Rental Fees For Municpal Building Room

A consent decree (full text) has been entered settling Forest Area Bible Church v. Fife Lake Village Council, (WD MI, June 23, 2009). In the case, a local church challenged the rental fee schedule imposed by the village of Fife Lake (MI) for use of a meeting room in its Municipal Building. The village allowed community organizations and service groups to use the room without charge, but charged a rental fee to private non-profit groups such as the church. (See prior posting.) Under the settlement, the church will be permitted to use the facility through April 2010 for a discounted rental fee of $20 per month. After that, it will pay the same rate as all other non-profit groups under what is apparently a revised fee schedule. The village also agreed to pay the church $1765 to reimburse the church for discriminatory rental amounts it paid in the past and for its legal fees and costs. Alliance Defense Fund issued a press release announcing the settlement.

En Banc Review Sought In 10 Commandments Case

Yesterday's Tulsa World reports that Haskell County, Oklahoma commissioners are asking the U.S. 10th Circuit Court of Appeals to grant en banc review in Green v. Haskell County Board of Commissioners. A 3-judge panel of the 10th Circuit in the case earlier this month held that display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violates the Establishment Clause. (See prior posting.)

New Indian Goverment Reportedly Will Move To Repeal Anti-Conversion Laws

Last month, Manmohan Singh was sworn in as the new prime minister of India. Yesterday's Christian Post reports that the new government has pledged it will repeal anti-conversion laws currently in effect in five states. Home Minister P. Chidambaram will review existing legislation and make recommendations for future action. Passed supposedly to get at religious conversions induced by fraud, force or allurement, the laws, according to Christians, have been used to arrest Church leaders on trumped up charges.

Germany's Interior Ministry Surveys Muslims

Germany's Interior Ministry yesterday released a survey of Muslims that it has recently funded. According to M&C, the study shows that approximately 4 million individuals (5% of Germany's population) are Muslim. About 45% of these individuals hold German citizenship. 75% of those polled want classes in Islam in public schools on the same basis that Christian children are offered religion classes. Some 7% of Muslim school girls skip swim classes, and 10% skip overnight school trips, because single-sex arrangements are not made available. Hamburg's Local says that Interior Minister Wolfgang Schäuble wants to move toward recognition of Islam as an official religious community in Germany. He expressed regret that no invitation was extended to the Muslim community to participate in last month's celebration of the 60th anniversary of the German Constitution.

Group Complains About Use Policy of Navy Website

Yesterday Liberty Counsel released a letter (full text) it has sent to Navy Secretary Ray Malbus complaining about restrictions imposed by the administrator of a website, Navy for Moms. The website, which includes discussion forums, was set up by the Navy-- through an outside contractor-- to provide support and interactive communication for mothers of those in the Navy and those considering enlisting. Recently its guidelines were amended to prohibit the posting of religious discussions or the creation of religious discussion groups. This followed an incident in which the administrator of the website told a user who created a discussion forum called "Christian Chat" that she must change the group's name because it was too divisive. Liberty Counsel's letter argues that this amounts to viewpoint discrimination in a designated public forum, and that users of the website cannot violate the Establishment Clause by their postings since they are not governmental actors.

Ski Resort Settles Religious Discrimination Charges By EEOC

The EEOC announced yesterday that Vail Corp., a ski resort, has settled a religious and gender discrimination lawsuit. Under the settlement, the company will pay former employee Lisa Marie Cornwell, $80,000 in damages, and will provide training for its employees on religious accommodation, harassment and retaliation. Among the charges against Vail were that: "Cornwell's supervisor, Rick Garcia, forbade her and another Christian employee from even discussing their Christian beliefs with one another while at work, and would not allow them to listen to Christian music while on duty, because it might offend other employees, but had no similar restrictions on music with profanity or lyrics promoting violence against women, which were offensive to Cornwell. Additionally ... Garcia ridiculed Cornwell for asking for scheduling accommodation so that she could attend her preferred religious services, and denied her requests while scheduling lower ranking officers for the shifts she requested."

Library Room Use Policy Violates Establishment Clause

In Faith Center Church Evangelistic Ministries v. Glover, (ND CA, June 18, 2009), a California federal district court held that a policy of Contra Costa County (CA), that opens county library meeting rooms for use for many educational, cultural and community activities, but not for religious services, violates the Establishment Clause. Previously, the 9th Circuit had held that the exclusion does not violate the free speech protections of the 1st Amendment. (See prior posting.) Now, however, on remand the district court concludes that the policy violates the excessive entanglement prong of the Lemon test. It concludes that it is likely "the County would be called upon to inquire into religious doctrine in order to determine whether a particular activity qualified as a religious service." The court issued an injunction against enforcement of the policy, to take effect July 6. However it dismissed damage claims against various individual defendants on the basis of immunity. Yesterday's Contra Costa Times reported on the decision, as did a release from the Alliance Defense Fund.

"Prayer Station" Inside City Hall Is Questioned

In Warren, Michigan, The Tabernacle, a Church of God congregation, has set up a "Prayer Station" inside city hall. The city makes space inside the building available to any non-profit free-of-charge. Similar stations have been set up elsewhere around the city. Today's Detroit News reports that the Freedom from Religion Foundation is nevertheless concerned about the city's not visibly dissociating itself from the prayer booth. It has asked for further information about the city's arrangement with the church. Church volunteers staff the prayer booth, taking down the first name of each person who visits, and asking the person to call or e-mail the church when his or her prayer is answered.

Australian Sikh Files Complaint Over Helmet Requirement To Take Motorcycle License Test

In Australia, a 21-year old Sikh man, Mandeep Singh, has filed a complaint with the Western Australia Equal Opportunity Commission because he was not allowed to take the state test for a motorcycle license without wearing a helmet. Today's West Australian reports that the state's Department of Planning and Infrastructure no longer exempts Sikhs from the helmet requirement. For religious reasons, Sikhs do not remove their turban, nor will they wear a helmet over it.