Questions Raised Over Canadian Prime Minister At Funeral Mass

Canada's Prime Minister Stephen Harper has created at least a protocol stir. Last Friday he attended the New Brunswick funeral of former Canadian governor general Romeo Leblanc, a Catholic. St. John's (NB) Telegraphic Journal and CTV Toronto both reported yesterday that a television clip of Harper, a Protestant, receiving communion at the Catholic funeral mass, raises a question of what he did with the communion wafer he received. (YouTube report.) A television camera shows Harper accepting the wafer with his right hand, but does not show him consuming it, even though a spokesman for the Prime Minister says that he did. Monsignor Brian Henneberry, vicar general and chancellor of the Diocese of Saint John, says that if Harper accepted the host but did not consume it: "it's worse than a faux pas, it's a scandal from the Catholic point of view." The press has speculated that Harper was confused about the protocol, or expected the priest to invite everyone to consume the wafer, as is done in some Protestant traditions. Separate questions have been raised as to whether Harper should have accepted the communion wafer at all at the Mass. [Thanks to Scott Mange for the lead.]

House Climate Change Bill Includes Provisions Of Interest

On June 26, the U.S. House of Representatives passed and sent to the Senate the massive American Clean Energy and Security Act of 2009 (HR 2454). Several provisions in the climate bill are of interest to followers of church-state issues:

• Section 202 includes faith institutions and other non-profits in the group of nonresidential buildings that are eligible for assistance in retrofitting to achieve energy efficiency and improvements in water use.

The Washington Post last week reported that this provision was inserted at the last minute at the urging of a coalition developed by the Union of Orthodox Jewish Congregations. the coalition also included the U.S. Conference of Catholic Bishops, the National Council of Churches, United Jewish Communities, Rev. Joel Hunter of the Florida-based mega-church Northland, Rev. Jim Ball who heads the Evangelical Environmental Network, and Sojourners leader Rev. Jim Wallis. The coalition is working to increase the subsidy beyond the current 50%. Meanwhile the version of the climate bill being considered in the Senate does not contain a similar provision.

• Section 495 allows faith-based groups to be included as recipients of USAID funds to provide assistance to vulnerable developing countries in creating climate change adaptation plans.
  
• Section 482 protects Indian tribes from having certain culturally sensitive information that is obtained by the federal government disclosed under the Freedom of Information Act. Under the bill, the Interior Department, in cooperation with states and Indian tribes, is to develop a National Wildlife Habitat Corridors Information Program. However, information received regarding Native American human remains, or about resources, cultural items, uses, or activities identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian tribe may not be disclosed under FOIA if the disclosure may cause a significant invasion of privacy, risk harm to the human remains or resources, cultural items, uses, or activities, or if it would impede the use of a traditional religious site.

9th Circuit Vacates Preliminary Injunction Against Pharmacy Board Regulations

In Stormans Inc. v. Selecky, (9th Cir., July 8, 2009), the U.S. 9th Circuit Court of Appeals vacated a preliminary injunction issued by a federal district court enjoining enforcement of Washington State Pharmacy Board regulations that require pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. The court concluded that the trial judge had incorrectly applied heightened scrutiny to the regulations. (See prior posting.) The 9th Circuit held that the Pharmacy Board rules are neutral regulations of general applicability that need only meet a rational basis test:

That the rules may affect pharmacists who object to Plan B for religious reasons does not undermine the neutrality of the rules. The Free Exercise Clause is not violated even though a group motivated by religious reasons may be more likely to engage in the proscribed conduct.

The court remanded the case with this explanation:

We hold that the district court abused its discretion in applying an erroneous legal standard of review, failing to properly consider the balance of hardships and the public interest, and entering an overbroad injunction. On remand, the district court must apply the rational basis level of scrutiny to determine whether Appellees have demonstrated a likelihood of success on the merits. The district court must also determine whether Appellees have demonstrated that they are likely to suffer irreparable harm in the absence of preliminary relief, whether the balance of equities tips in the favor of the three Appellees, and whether the public interest supports the entry of an injunction. If the court finds in favor of Appellees, it must narrowly tailor any injunctive relief to the specific threatened harms raised by Appellees.

In its opinion, the 9th Circuit included an extensive discussion of standing and ripeness. It refused to decide whether a for-profit corporation can assert its own free exercise rights. Instead it concluded that the corporate plaintiff could properly assert the free exercise rights of the individual owner/directors in the family owned pharmacy. Individual pharmacists also had standing. Judge Clifton wrote a short concurring opinion, rejecting the majority's holding that it could not consider legislative history in deciding whether a law is neutral and generally applicable.

(It is worth noting that last year, the same panel of the 9th Circuit refused to stay the preliminary injunction pending the appeal that it decided yesterday.) The Seattle Post-Intelligencer reports on yesterday's decision.

Activities of White House Faith-Based Director Are Outlined

Beliefnet yesterday carried an interesting portrayal of the activities of 26-year old Joshua DuBois, director of the White House Office of Faith-Based and Neighborhood Partnerships. Every morning he sends a devotional message to President Obama's Blackberry, and daily receives some 750 e-mails from religious leaders, government officials and reporters. DuBois speaks to various religious groups, meets with a wide variety of religious leaders (as well as with secularists), and helps write Obama's speeches that deal with religion. In his private life, DuBois is a Big Brother to a teenager in Boston. He also keeps up a 5-year relationship with his girl friend. DuBois was raised in the African Methodist Episcopal Church an associate pastor at a small African-American Pentecostal church while he was an undergraduate at Boston University.

Meanwhile, the Washington Post reports that yesterday the Advisory Council on Faith-Based and Neighborhood Partnerships held its first face-to-face meeting at White House offices. Previously the Council met through telephone conference calls.

Police Say Theft of Body May Have Been For Religious Ritual

Stamford, Connecticut police are investigating the theft of a young girl's body yesterday from a Connecticut cemetery, saying they suspect some sort of ritualistic religious motivation. They say "a lot of things point to" that conclusion. AP reports that the body was that of a 2-year old girl who had lived much longer than expected in light of a condition that kept her brain from developing fully. Police say that followers of religions such as Palo Mayombe might have targeted this body-- buried in 2007-- in order to obtain the perceived mystic power that caused her to survive so long.

Pope "Gently Fires" Officials Responsible For Lifting Excommunication of Holocaust Denier

Zenit, the National Catholic Reporter and the London Mail all report that yesterday at the Vatican, the other shoe dropped in the embarrassing lifting by Pope Benedict XVI of the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson. (See prior posting.) In March, the Pope wrote a letter to the Bishops essentially apologizing for the move which strained relations between the Vatican and the Jewish community. (See prior posting.) Now, in a letter titled Ecclesiae Unitatem, issued by the Pope "motu propio" (on his own initiative), Benedict XVI eliminated the autonomy of the Ecclesia Dei Commission that had been set up by Pope John Paul II to handle relations with the with the rejectionist French Archbishop Marcel Lefebvre and his Society of St. Pius X. As explained by the National Catholic Reporter:

the pope today restructured the Vatican office that handles relations with the traditionalist world -- and, in effect, gently fired the officials who presided over the earlier fiasco.

Under the Pope's new pronouncement, the Ecclesia Dei Commission will be supervised by the Congregation for the Doctrine of the Faith-- currently headed by American Cardinal William Levada. The restructuring eliminates the positions at the Commission previously held by Colombian Cardinal Dario Castrillon-Hoyos and his deputy, Italian Monsignor Camille Perl. The two former officials had played key roles in the decision to lift the excommunication of 4 right-wing bishops, including Williamson, last January.

Massachusetts Sues Challenging Constitutionality of DOMA

Yesterday the state of Massachusetts filed suit in federal district court challenging the constitutionality of the federal Defense of Marriage Act (DOMA). The complaint (full text) in Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, (D MA, filed 7/8/2009), alleges that in enacting the law, the federal government violated the 10th Amendment and exceeded its powers under the Spending Clause. The complaint alleges in part:

In 2004, the Commonwealth of Massachusetts became the first state to end the exclusion of same-sex couples from marriage..... Congress’s decision to enact a federal definition of marriage rejected the long-standing practice of deferring to each state's definition of marriage and contravened the constitutional designation of exclusive authority to the states. From its founding until DOMA was enacted in 1996, the federal government recognized that defining marital status was the exclusive prerogative of the states and an essential aspect of each state's sovereignty, and consistently deferred to state definitions when the marital status of an individual was used as a marker of eligibility for rights or protections under federal law.

Now, because of Section 3 of DOMA, married individuals in same-sex relationships are both denied access to critically important rights and benefits and not held to the same obligations and responsibilities arising out of marriage or based on marital status. DOMA precludes same-sex spouses from a wide range of important protections that directly affect them and their families, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments. In enacting DOMA, Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.

The Boston Globe reports on the lawsuit. State Attorney General Martha Coakley's office has issued a press release along with links to a transcript and recording of yesterday's press conference announcing the action.

California Cities Welcome Sikh Police Officers

The Sikh American Legal Defense Fund today announced that six California police departments have reaffirmed their commitment to equal employment opportunities for Sikhs. Their religiously mandated turbans and uncut hair will not be impediments to their being hired. Last month police chiefs in Yuba City, Sutter County, Richmond, San Pablo, Hercules, and Walnut Creek, California all confirmed that Sikhs are welcome to join their forces.

Yankees Settle Lawsuit Over Restrictions During Playing of "God Bless America"

The New York Times and AP reported yesterday that a federal lawsuit filed last April against the New York Yankees and the city of New York has been settled. Plaintiff, Bradford Campeau-Laurion, claimed he was the victim of religious and political discrimination when a police officer enforced a policy of restricting fan movement during the playing of "God Bless America"-- a song played during the 7th inning stretch at Yankee baseball games. Ushers typically blocked some exits while the song was played. Campeau-Laurion says a police officer ejected him from the old Yankee Stadium last season when he tried to walk to the rest room. Officials say he was arrested after acting in a disorderly manner. In exchange for plaintiff dropping the lawsuit, the city of New York agreed to pay $10,001 in damages and $12,000 in attorneys' fees. Also, in a stipulation (full text) filed as part of the settlement, the Yankees say that they have no policy or practice at the new Yankee stadium that imposes any special restrictions on fans moving around the stadium during playing of "God Bless America." In a release, the New York Civil Liberties Union said: "This settlement ensures that the new Yankee Stadium will be a place for baseball, not compelled patriotism." [Thanks to Scott Mange for the lead.]

Pope Issues Encyclical On Globalization and Econmic Development

Yesterday, on the eve of the G-8 economic summit in Italy, Pope Benedict XVI issued his third encyclical, Caritas in Veritate (Charity in Truth). The document includes extensive discussion of issues relating to global economic development. The Vatican also issued a summary synthesizing the highlights of the longer document. Describing the wide-ranging document, the New York Times observed: "In many ways, the document is a puzzling cross between an anti-globalization tract and a government white paper, another signal that the Vatican does not comfortably fit into traditional political categories of right and left." Here is one excerpt from the encyclical that has garnered a good deal of press attention:

In the face of the unrelenting growth of global interdependence, there is a strongly felt need, even in the midst of a global recession, for a reform of the United Nations Organization, and likewise of economic institutions and international finance, so that the concept of the family of nations can acquire real teeth. One also senses the urgent need to find innovative ways of implementing the principle of the responsibility to protect and of giving poorer nations an effective voice in shared decision-making....

To manage the global economy; to revive economies hit by the crisis; to avoid any deterioration of the present crisis and the greater imbalances that would result; to bring about integral and timely disarmament, food security and peace; to guarantee the protection of the environment and to regulate migration: for all this, there is urgent need of a true world political authority....

Obviously it would have to have the authority to ensure compliance with its decisions from all parties, and also with the coordinated measures adopted in various international forums. Without this ... international law would risk being conditioned by the balance of power among the strongest nations. The integral development of peoples and international cooperation require the establishment of a greater degree of international ordering.... They also require the construction of a social order that at last conforms to ... the interconnection between moral and social spheres, and to the link between politics and the economic and civil spheres, as envisaged by the Charter of the United Nations.

In Louisiana, Catholic Death-Row Inmates Will Have Access To Mass

Catholic prisoners on death row at Louisiana's maximum-security state penitentiary at Angola will now have an opportunity to celebrate mass. Yesterday's New Orleans Times-Picayune reports on a settlement reached in a lawsuit brought by the ACLU on behalf of death-row inmate Donald Lee Leger who objected that mostly Baptist religious services were shown on television sets. Only one Catholic Mass was televised to death-row inmates between June and December 2008. Under the settlement, the prison will offer inmates the opportunity to view Catholic mass on television, while other prisoners who prefer Baptist preachers will be offered earphones to listen to them instead. Also Catholic clergy will be welcome to hold Mass on death row and hear inmates' confessions, which will not be recorded or monitored. Outside of death row, Angola prison has seven churches and a Bible College. (See prior related posting.)

Turkey's Government Unhappy With Planned Reality TV Show Aimed At Conversion

Turkey's Religious Affairs Directorate is refusing to send an imam to appear on a new reality television program being launched in September by Istanbul-based television station Kanal T. Reuters last Friday reported that the planned show, Penitents Compete, will feature a rabbi, an imam, a priest and a Buddhist monk, each of whom will try, on camera, to convert ten atheists. The atheists will be pre-screened for non-belief by a team of theologians. Each convert will win a trip to his or her new religion's holy site-- Mecca, the Vatican, Jerusalem or Tibet. Hamza Aktan, chairman of Turkey's High Board of Religious Affairs, said: "Doing something like this for the sake of ratings is disrespectful to all religions. Religion should not be a subject for entertainment programs."

Malaysian Court Says Art Director Died A Muslim-- No Jurisdiction To Hear Family's Objections

In Malaysia, the Selangor High Court has ruled that art director Mohan Singh will be buried according to Muslim rites by the Selangor Islamic Religious Council (Mais). Today's New Straits Times reports on the complicated decision. Mohan died May 25, and his family claimed he was a practicing Sikh. However on June 4, the Syariah court, in response to an application by Mais, ruled that Mohan had converted to Islam in 1992 and had died a Muslim. Mohan's family, who knew nothing about Mohan's purported conversion, filed suit in the High Court seeking an order that Mohan's body be released to his family. That application was refused yesterday and the body was ordered released to Mais instead. High Court Judge Rosnaini Saub ruled that Mohan's 1992 conversion certificate was sufficient to give the Syariah court jurisdiction. Since Mohan's family are not Muslims, they have no standing to present their contentions to the Syariah court, and they cannot present their claims that Mohan did not convert to the civil court because it lacks jurisdiction once the conversion certificate has been presented. An article last month by Deborah Loh presents the Mohan family's side of the case.

UPDATE: Malaysian Insider reported Tuesday that Mohan Singh's family has filed an appeal with the Court of Appeal in Putrajaya, even though Mohan was buried Monday night in a Muslim cemetery.

Britain's International Development Program Will Double Aid To Faith-Based Groups

Ekklesia reports that a White Paper issued yesterday by Britain's Department for International Development promises to double the funding for faith-based groups providing international aid. The report, titled Building Our Common Future, promises (at Sec. 7.48) that the government will: "double support to faith based groups recognising the unique contribution that they can make in both delivering development on the ground, and connecting with communities here and abroad." In a press release yesterday accompanying the report, International Development Secretary Douglas Alexander says: "The White Paper represents a fundamental shift in the way the UK delivers development aid, refocusing resources onto fragile countries and for the first time treating security and justice as a basic service alongside health, education, water and sanitation."

IRS Delay In Granting Tax-Exempt Status Questioned

A press release issued yesterday by the Thomas More Law Center questions the propriety of a delay by the Internal Revenue Service in granting tax exempt status to the Coalition for Life of Iowa. The IRS has questioned the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities. Apparently the IRS also says that in order to receive 501(c)(3) status, the Coaliltion must agree to limit its "picketing" and "protesting" of Planned Parenthood. According to theTMLC press release: "The repeated questioning of the Coalition suggests that the IRS may be denying or delaying tax-exempt status to an eligible organization based solely upon its religious affiliation and speech. Many other organizations regularly advocate on both sides of these issues, and they have not been hindered in obtaining or maintaining tax-exempt status under section 501(c)(3). "

Suit Challenges Ten Commandments On Display In Kentucky Courthouse

A federal lawsuit was filed last week challenging the display of the Ten Commandments in the courthouse in yet another Kentucky county. Yesterday's Lexington (KY) Herald-Leader reports that the ACLU has sued Jackson County and Judge-Executive William O. Smith seeking an injunction and a declaratory judgment that nine copies of the Ten Commandments on walls at various places in the courthouse in McKee (KY) violate the Establishment Clause. Separately, the ACLU has asked the state Administrative Office of the Courts to remove a large copy of the Ten Commandments on display in the court room in the Jackson County courthouse.

UPDATE: The July 11 Louisville Courier-Journal reports in more detail on the displays at issue. Framed copies of the Ten Commandments are posted at both entrances to the courthouse, outside several offices and next to a woman's restroom. Separate from these, and not the object of the ACLU's complaint, a Foundations of American Law and Government display (which includes the 10 Commandments among other historical documents) stands in the rear of the courthouse.

BJC Publishes Analysis of Sotomayor's Religion Decisions

The Baptist Joint Committee for Religious Liberty has published a new report evaluating the free exercise and establishment clause opinions written by Supreme Court nominee Judge Sonia Sotomayor (download of full text). It concludes:

While Sotomayor’s written record raises no red flags, it also fails to provide complete assurance to those who are most concerned about our fragile religious freedom rights. In the free exercise cases, she displays careful attention to protecting religious rights, including in prisons where courts generally give deference to government officials. Likewise, these cases demonstrate an emphasis on the importance of assessing the individual’s specific religious claim. This approach illustrates an expansive view of religious freedom that does not depend on the approval of the majority. Her religious display cases demonstrate the fact-sensitive nature of such disputes, but tell us little about where she would draw the line between permissible acknowledgements of religion and unconstitutional displays that send a message of endorsement of religion by the government. Beyond those cases, her record gives little indication of her views of the Supreme Court’s various Establishment Clause standards or how she is likely to decide such cases.

Sotomayor’s writings include few if any statements articulating how the First Amendment protects religious liberty, promotes the voluntary nature of religion, prevents governmental interference in religion and tends to reduce conflict among religions. Still, her record offers positive signs that she will be a thoughtful, fair-minded jurist in protecting religious freedom.

[Thanks to Don Byrd for the lead.]

Air Force Rejects Flyover Request For Rally Sponsored By Christian Group

For the first time in 42 years, the U.S. Air Force has refused a "flyover request" for the "God and Country Rally" sponsored by the Christian Defense Coalition over the July 4 weekend. (Coalition Press Release.) The Pentagon's e-mail message (full text) rejecting the request says in part: "Air Force and DoD policy prohibit support for events which appear to endorse, selectively benefit, or favor any special interest group, religious or ideological movement." The Christian Defense Coalition says that the annual rally, held in Nampa, Idaho, honors those serving in the U.S. armed forces, and does not promote one religious faith tradition. Coalition director, Rev. Patrick J. Mahoney, asks: "Will the new policy of President Obama be that a person has to surrender their faith tradition to honor and pay tribute to our courageous men and women who serve in the military?"

Daily Kos yesterday, reporting on developments, quotes Military Religious Freedom Foundation president Mikey Weinstein's strong support of the Air Force's decision. Weinstein, in his typically blunt fashion, said: "To those in the fundamentalist Christian cabal who vigorously oppose this long sought, terrific decision by the U.S. Air Force, may I suggest that they consider holding their event next year in Kim Jung Il's North Korea or the Kingdom of Saudi Arabia as neither of those countries have a separation of Church and State as we do in beautiful America."

Israel's President Addresses Interfaith Conference In Kazakhstan

Last week, Israel's President Shimon Peres delivered the keynote address (full text) at an Interfaith Conference in Kazakhstan attended by hundreds of Muslim leaders from the Middle East and around the world, as well as by Israel's chief rabbis. (Background.) Peres' address was often theological in its approach to Islamic terrorism and Middle East peace. He said in part:

While the monotheistic and humanistic believers, Christians, Muslims and Jews, used to believe that there was just one God for all, compassionate, merciful and righteous, there are nowadays others, luckily a minority, that sanctify a different God, a God that permits massacres, forgives cruelty, and calls upon his believers to destroy, kill, lie and ruin. This distorted stream constitutes a defamation of the Lord. It is not a religion, it is a crime, a crime against God and man. We must separate religion from terror. This should be a common effort by all believers, regardless of faith, creed or gender....

Cultivating interfaith ties of understanding and friendship is vital, not only in interfaith relations, but in the religions' perception of God. The first question is always whether God created man in His image, or whether man is trying to create God in his compromised image. Whether we should adopt God's moral code, or whether we should refer our personal desires to God.... Only God who created man has the right to determine life.... God had no partners in the creation of the world, so there is nobody that can declare war against.

Group Sues To Get Kentucky "In God We Trust" License Plate

AP yesterday reported that a Kentucky group, Reclaim Our Culture Kentuckiana (ROCK), has filed a lawsuit challenging the rejection of its application to sponsor a special "In God We Trust" state license plate. The state's Transportation Cabinet rejected the request partly because ROCK promotes "a specific faith or religious position." The lawsuit claims both that religion is not ROCK's primary purpose and that the basis for denial amounts to unconstitutional religious discrimination. Rep. Hubie Collins, chairman of the Kentucky House transportation committee, says he supports an "In God We Trust" plate, but thinks the state should issue it. He does not believe that a private group should profit from use of the national motto. (See prior related posting.)