Group Presses 2 California Cities To End Sectarian Invocations

The Freedom from Religion Foundation continues to demand that city councils across the country end the practice of opening their sessions with sectarian Christian prayer. Two California cities-- Tracy and Lodi-- are currently among its targets. The Tracy Press on Friday editorialized:

Tracy's prayer policy may be inclusive in its intentions, but it's exclusive in its practice of rotating only those religious leaders (all Christian, like the council) who have come forth to offer invocations. It makes political outsiders of those constituents who don't share religious beliefs.

Meanwhile the LA Church and State Examiner reports that Lodi City Council will consider a resolution next month to require that invocations be non-sectarian. However Navy Chaplain Gordon James Klingenschmitt's "Pray in Jesus' Name Project" that favors Lodi's existing policy plans a prayer vigil at city hall on August 5, the scheduled date of the City Council vote.

Nominee To Head NIH Is Strong Advocate For Compatibilibty of Science and Faith

This past Wednesday, the White House announced the nomination of renowned geneticist Dr. Francis S. Collins to head the National Institutes of Health. Collins headed the NIH's Human Genome Project. Yesterday and today, articles in the Wall Street Journal and AlterNet focus on another part of Collins' biography-- his strong advocacy for the position that science (including evolutionary theory) and religious faith are compatible. In 2006, Collins authored a book titled The Language of God: A Scientist Presents Evidence for Belief. Francis has also founded the BioLogos Foundation, which describes its mission as follows:

BioLogos represents the harmony of science and faith. It addresses the central themes of science and religion and emphasizes the compatibility of Christian faith with scientific discoveries about the origins of the universe and life

BioLogos' press release on Collins' nomination says that if he is confirmed, his leadership role at BioLogos will be assumed by Drs. Darrel Falk and Karl Giberson.

UPDATE: The Senate confirmed Collins by voice vote on Aug. 7. (Fresno Bee.)

Summum's Challenge To Duchesne City Dismissed After Case Was Mooted

Last March, after the U.S. Supreme Court decided in Pleasant Grove City v. Summum that a Utah city need not accept a "Seven Aphorisms" monument for a local park where a 10 Commandments monument already stood, it remanded to the lower courts a more complicated companion case, Summum v. Duchesne City. (See prior posting.) The city responded by moving the 10 Commandments monument to a city cemetery, which Summum saw as essentially mooting the case. (See prior posting.) According to yesterday's Salt Lake Tribune, a Utah federal district court has now formally dismissed the lawsuit on Summum's motion to dismiss.

Ireland Passes New Blasphemy Law, Reducing Penalties for Violation

This week, Ireland's parliament, the Oireachtas, passed the Defamation Act 2009 to replace the Defamation Act 1961. Section 36 of the new law imposes a fine of up to 25,000 Euros on anyone who publishes or utters blasphemous matter. In defining the offense, the new law provides:

(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
(a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial
number of the adherents of that religion, and
(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

(4) In this section "religion" does not include an organisation or cult—
(a) the principal object of which is the making of profit, or
(b) that employs oppressive psychological manipulation— (i) of its followers, or
(ii) for the purpose of gaining new followers.

Ireland's Constitution (Art. 40) requires that the country have a law banning blasphemy. the new law substantially reduces the penalty for the offence from that in the 1961 Defamation Act (Sec. 13) that provides a fine and up to 7 years in prison for blasphemy. Reuters reported yesterday that atheists say they will quickly test the new law. They claim it is discriminatory by protecting only religious beliefs.

Arizona Governor Signs Students' Religious Liberties Act

On July 10, Arizona Gov. Jan Brewer signed HB 2357, the Students' Religious Liberties Act. It bars public schools from discriminating against parents or students on the basis of religious viewpoints or expression, including religious viewpoints included in class assignments, artwork or coursework. It provides that students may pray or engage in religious activities or expression before, during and after the school day in the same manner that students are allowed to engage in nonreligious expression or activities.

Students are permitted to wear clothing that displays a religious message, or religious jewelry, to the same extent that clothing or jewelry with other messages or symbols is allowed. The law specifically, though, permits banning of clothing and accessories denoting criminal street gang affiliation. The new law goes on to provide that it shall not be interpreted to require any student to participate in prayer or other religious activity, or to otherwise violate a student's constitutional rights. Finally it requires exhaustion of internal administrative complaint procedures before a parent or student may bring a lawsuit to enforce the provisions of the statute. AP reported on the signing of the bill.

President Obama Meets With Pope Benedict XVI

President Barack Obama and Pope Benedict XVI held private talks for about 40 minutes this afternoon at the Vatican. Reuters and AFP both report on the meeting at which Obama briefed the Pope on the just completed G-8 Summit meetings. They also discussed the sensitive issue of bioethics on which the two have significant disagreements. Before the President arrived at the Vatican, Michelle Obama and their children Malia and Sasha were given a private tour of St Peter's Basilica and the Sistine Chapel. After the private talks, the President introduced his wife and daughters, as well as his mother-in-law, Marian Robinson, to the Pope. Michelle Obama joined the President and Benedict XVI for the traditional exchange of gifts.

A good deal of press attention has been directed at the gifts that the two leaders exchanged. The Pope gave Obama a copy of the Vatican's document on bioethics, Dignitas Personae, as well as a copy of his newest encyclical, Caritas in Veritate (Charity in Truth). (See prior posting.) Obama said light-heartedly that this would give him some reading material for the plane. The Pope also gave Obama a mosaic depicting St. Peter's Square. Meanwhile, Obama presented the Pope with a stole that had been draped for 18 years on top of the remains of Saint John Neumann, the first American bishop to be formally canonized. The Washington Post has a lengthy account of the meticulous efforts that went into the US choice of this gift.

Ahead of the meeting, commentators suggested that the Vatican is more willing to seek common ground with Obama than are the American Bishops who have been more confrontational. The New York Times yesterday reported on the differences in approach.

British Methodists Ban Its Members From Joining British National Party

Ekklesia reported yesterday that Britain's Methodist Church has passed a resolution at its annual conference providing that: "No member of the Church can also be a member of a political party whose constitution, aims or objectives promote racism. This specifically includes, but is not solely limited to, the British National Party." The resolution does not ban BNP members from attending Methodist churches without becoming church members. Earlier this year, the Church of England banned its clergy from joining the right wing British National Party, (see prior posting) but the Methodists become the first major denomination to ban all members from doing so. Other Christian denominations have merely called for their members not to vote for the BNP. Recently the BNP has tried to appeal to Christians by claiming it is protecting Britain's "Christian heritage."

Canadian FLDS Faces Property, Polygamy Prosecution, Issues

While the U.S. media have given a good deal of attention to the FLDS Church members living in the twin towns of Colorado City, AZ and Hildale, UT, there is also a group of FLDS members in the Canadian town of Bountiful, in British Columbia. This week reports surfaced on two rather interesting developments affecting that community.

Yesterday's Toronto Globe & Mail focused on how litigation to reform the FLDS United Effort Plan Trust will impact FLDS property in Bountiful that is also owned by the trust. Bruce Wisan, who was appointed by a Utah court as special fiduciary to administer and reform the UEP trust, says that there may need to be a housing board chosen from the Bountiful community to deal separately with privatizing the Canadian properties. Wisan also says that if the Utah court approves privatization,wives names will be added to their husband's on deeds for the properties-- giving attention to which wives live in which houses.

Meanwhile, the leaders of each of the two FLDS factions in Bountiful have been criminally charged with polygamy by a British Columbia prosecutor. One of the defendants, Winston Blackmore, is seeking to have the indictments quashed. Yesterday's Toronto Globe & Mail reports that B.C. Supreme Court Justice Sunni Stromberg-Stein, in a memo to counsel, indicated doubts that she had jurisdiction to order dismissal of a case that has not yet been appealed to the Supreme Court. Therefore she suggested to counsel that they file a new petition, seeking review of former attorney-general Wally Oppal's decision to essentially "shop" for prosecutors until he found one who was willing to file the polygamy charges.

ACLU Objects To Jail's Censorship Of Biblical Verses In Correspondence

An ACLU press release yesterday disclosed that the ACLU has written the Superintendent of Virginia's Rappahannock Regional Jail (full text of letter) demanding that it end its rather unusual policy on censorship of incoming letters to inmates. The jail takes out all Biblical passages from incoming mail, as well as any material inserted into a letter by cutting and pasting it from the Internet. The letter says in part: "The principle that religious correspondence must not be saddled with restrictions inapplicable to non-religious correspondence is so settled in law that prison and jail officials who impose such restrictions forfeit qualified immunity and become subject to suit in their personal capacities." Driving home its pint, the letter also observed: "Even the novelist Fyodor Dostoevsky had ready access to scripture while incarcerated in a Siberian prison camp in tsarist Russia."

Church Controversy Moves To Florida State Court

In Palm City Florida, a state court lawsuit was filed Wednesday by seven members of the Palm City Christian Church against the church's pastor, Anthony Galbicka. TC Palm reports the suit charges the pastor with breach of fiduciary duty and seeks a ruling "ousting" Pastor Tony and voiding "improper and/or illegal" actions he took. Elders of the 80-member congregation, in order to deal with financial problems, earlier this year recommended budget cuts, including cuts in Pastor Tony's compensation. The complaint alleges that after the meeting, Galbicka "sought to organize a plan to silence his critics, seize control of the (church and) preserve his income." He had the Sheriff's office issue trespass warnings against three members who are among the plaintiffs in the lawsuit. When the three came to the church for Sunday services in May, they were turned away by a sheriff's deputy. Then in June, Pastor Galbicka, after revoking the membership of 10 church members, called a meeting at which all of the elders were removed and he was elected and given the "combined authority of pastor-president-director-elder-deacon."

In a letter to the congregation, Galbicka said the members he kept away from the church engaged in "physical abuse, intense & unrestrained anger & hatred, cursing, disrespect for law enforcement, threats, pushing, foolish insults & reviling."

House Passes Resolution Calling for Motto To Be Added To Visitor Center

The House of Representatives yesterday, by a vote of 410-8, passed H. Con. Res. 131, directing the Architect of the Capitol to engrave the Pledge of Allegiance and the National Motto, "In God We Trust," in the Capitol Visitor Center. Reporting yesterday on the House action, the Fresno Bee said that Sen. Jim DeMint last summer threatened to delay the opening of the Visitor Center, in part because it failed to honor the country's religious heritage. (See prior posting.) The Concurrent Resolution still needs to be passed by the Senate

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.]