Iowa School District's Religion Policy Is Being Redrafted

Last month (as reported by the National Examiner) the Spencer, Iowa school board proposed a draft policy on Religious Liberty in Spencer Community Schools. (Full text of proposal, Word doc.) The policy would have protected student and staff religious expression, student distribution of religious material and would have added two new courses to the high school curriculum: "The Bible in History and Literature" and "Critic [sic.] of Darwinism, a scientific approach". However, on Thursday the Des Moines Register reported that the board has withdrawn the original proposal and will redraft it after complaints that the proposed new courses and other parts of the draft advance Christian beliefs. [Thanks to Blog from the Capital for the lead.]

School District's Mission Statement Challenged For Including Belief in God

The Freedom from Religion Foundation announced on Wednesday that it has written the Lake Local School District in Uniontown, Ohio to complain about the school district's mission statement which reads:

We Value: Responsibility, honesty, respect, integrity, commitment, belief in God and religious freedom, our community, our partnerships, and every person as a unique individual with the ability to acquire and apply knowledge.

In its letter to the superintendent and school board (full text), FFRF said that the school district is unconstitutionally advancing religion through its use of the statement. The mission statement was included in the Board's newsletter, the Blue Streak News, and on a page of the Board's website. Thursday's Canton Repository reported on the letter. [Thanks to Scott Mange for the lead.]

Cert. Filed In Case Invoving Religious Speech By High School Valedictorian

Yesterday a petition for certiorari (full text) was filed with the U.S. Supreme Court in Corder v. Lewis Palmer School District No. 38. In the case, the U.S. 10th Circuit Court of Appeals rejected constitutional claims brought by a Colorado high school valedictorian who was forced to apologize after she delivered remarks at a high school's graduation ceremony encouraging students to accept Jesus Christ. (See prior posting.) Liberty Counsel issued a release announcing the filing.

Group Challenges Toledo City Council Invocations

Continuing its efforts around the country to challenge invocations offered to open city council meetings, the Freedom from Religion Foundation announced yesterday that it had written to the mayor of Toledo, Ohio and the City Council president objecting to sectarian prayers that have been offered by clergy at Council meetings. The letter (full text) says that while Council apparently has no formal policy on the matter, a review of invocations delivered from January to August by local clergy reveals that they are rarely non-sectarian. Seven of the eleven invocations reviewed contained explicit or implicit references to Jesus. The letter was accompanied by a transcript of all the Toledo City Council invocations reviewed by the FFRF. The letter contends that "these Christian prayers inappropriately alienate non-Christians and non-believers in Toledo." WTOL News reported on the reaction of Toledo City Councilman Tom Waniewski who said: "Stop whining about things. I'm also tired of cow towing to a small minority that's a vocal minority."

Michigan School Board Reinstitutes "Christmas Break"

The Petoskey, Michigan School Board, during a closed portion of its August 18 meeting, voted unanimously to change the school calendar so that "Winter Holiday Break" is now called "Christmas Break." The Petoskey News-Review last week reported that the change was made in response to an e-mail (full text) from the Board's treasurer, Jack Waldvogel. Waldvogel now says his message was "tongue-in-cheek." It read in part:

We are in spite of what the Obamessiah says, STILL a Christian nation, founded on Judeo Christian principles.... [E]ither agree to change the "December vacation" back to "Christmas break" in all future publications (including the school calendar) voluntarily, or I will make a motion to change it at the next board meeting and raise such a stink, and bring out every redneck Christian conservative north of Clare to compel the district to do so....

Let the Ramadamians and the Kwanzanians bring their celebrations to school too .... to share with our Christian children, but don't cut God out of the school completely.... Don't assume this is a joke, I'm being as serious as I possibly can here."

Waldvogel sent his message in reply to one he received from the Superintendent's secretary regarding the school calendar. Apparently he hit "reply to all" without realizing how broadly his e-mail would be circulated. At any rate, on Tuesday the Freedom from Religion Foundation wrote the school district (full text of letter) complaining about the Board's action and asking it to dissociate itself from Waldvogel's remarks. It says the change to "Christmas Break" unconstitutionally advances Christianity over other religions. Yesterday's National Examiner and today's Michigan Messenger report on the controversy.

EEOC Sues Company That Refused Alternative Drug Test For Employee

The EEOC on Wednesday filed a Title VII religious discrimination lawsuit against GKN Driveline North America, Inc., a Sanford, North Carolina automotive components company. According to Industry Week, the lawsuit charges that the company refused to accommodate an employee's religious beliefs. The company fired Santeria practitioner Dwayne Butler after he refused for religious reasons to provide a saliva sample for a drug test. Butler offered to undergo an alternative form of drug testing, but the company rejected this option.

Justice Ginsburg Denies Petition For Stay By Bridgeport Catholic Diocese

Last May, the Connecticut Supreme Court granted the request of four newspapers for release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) On motion of the Bridgeport Roman Catholic Diocese, the Connecticut Supreme Court issued a stay until the U.S. Supreme Court ruled on an application to extend the stay. (Background from Diocese website.) On Tuesday, as reported by the New York Times, U.S. Supreme Court Justice Ruth Bader Ginsburg refused the Diocese's request for a stay. (Docket entry.) The Diocese could still ask the full U.S. Supreme Court to reconsider Ginsburg's ruling. A letter from Bishop William E. Lori distributed in all parishes sets out the Diocese's side of the case.

UPDATE: AP reports that on Friday, the Bridgeport Diocese submitted its request for a stay to Justice Antonin Scalia, hoping he will rule differently than did Justice Ginsburg. (Docket entry.) Supreme Court Rule 22 permits an application denied by the Justice assigned to the Circuit where the case arose to be refiled with any other justice. David Clohessy, national director of the Survivors Network of those Abused by Priests, complained: "The appeal to the court's most stridently Catholic member, whose son is a priest, smacks of desperation and favoritism."

Malaysia Bars Muslims From Attending Concert Sponsored By Guinness

In Malaysia, government regulations prohibit concerts from being sponsored by makers of alcoholic beverages. CBC News yesterday reported that an exception to the rule was made for a concert by the hip-hop group, Black Eyed Peas, to be sponsored next month in Kuala Lumpur by the Irish beer company Guinness. The brewery is celebrating its 250th anniversary by sponsoring celebrations around the world, and Malaysia thinks the concert will promote tourism. However, the government says that no Malaysians subject to the country's Shariah law can attend the concert. This includes all ethnic Malays (some 60% of the population) who are considered Muslim. Islam prohibits the consumption of alcohol. However, non-Muslims, 18 and over, are encouraged by the Ministry of Information, Communication and Culture to attend and have fun.

Collateral Defendants Settle In Suit Claiming Religion In Class of Ohio Science Teacher

In June 2008, a Mt. Vernon, Ohio family filed a federal civil rights suit against controversial Middle School science teacher John Freshwater, claiming that he taught religion in his classroom. Also named as defendants in the lawsuit were he school board, Superintendent Steve Short and middle school principal William White. The suit alleged they allowed Freshwater to continue his unconstitutional activities after being notified of his violations of school policy. (See prior posting.) According to the Mt. Vernon News, on Wednesday the school board met and approved a settlement covering all defendants except teacher John Freshwater.

Under the settlement, negotiated by the Board's insurance carrier, the other defendants agreed to pay $115,500 for plaintiffs' legal fees, and damages of $5,500 to one plaintiff, along with nominal damages of $1 each to two others. The settlement also bars staff from discussing the case with students. It calls for training in church-state issues for board members, administrators and teachers. This has already been done. Finally the school board is to make a public statement at the conclusion of the pending administrative hearing on whether Freshwater should be fired. (See prior posting.) The settlement must be approved and approved by the Probate Court of Knox County before a motion to dismiss is filed in federal court. the National Center for Science Education also has a report on developments in the case.

Court Says There Was No Discrimination Against Muslim School Employee

Mohammed v. Wisconsin Insurance Security Fund, (WI App., Aug. 27, 2009), is a religious discrimination lawsuit filed by a Muslim man who was employed as a hall monitor by the Racine (WI) school system. The suit was originally filed in federal district court, but ended up being litigated before the Wisconsin Insurance Security Fund after the school district's insurance company became insolvent and a court barred actions against the company's insureds. Plaintiff claimed that the school Principal's directive to him to stop wearing his kufi and pilgrimage ring to work amounted to discrimination on the basis of religion and race. (School rules prohibit students from wearing these items.) The court upheld findings by WISF that the Principal's order was never enforced, and that a suspension and reassignment were not the result of discrimination. Yesterday's Chicago Tribune reported on the case.

Court Preliminarily Enjoins Enforcement of Illinois Pharmacy Board Rule

A release this week from the American Center for Law & Justice reports that last Friday, an Illinois trial court judge granted a preliminary injunction, pending a decision on the merits, preventing enforcement of a State Pharmacy Board rule requiring pharmacies to dispense Plan B and other forms of emergency contraception. This apparently builds on a temporary restraining order issued last April (see prior posting). In the case, Morr-Fitz, Inc. v. Blagojevich, ACLJ contends that pharmacy owners, not just individual pharmacists, are protected by Illinois' Health Care Right of Conscience Act. The case also raises constitutional challenges to the State Pharmacy Board rule. In issuing the preliminary injunction, the court concluded that plaintiffs have a likelihood of success on the merits of their claim.

New York Releases 2008 Hate Crime Statistics

Last week, New York's Division of Criminal Justice Services released its 2008 report on hate crimes in the state. (Full text of report.) It identified 596 instances, involving 610 victims. Two-thirds were crimes against persons (particularly assault and intimidation), while one-third were property crimes. 43% of the crimes were motivated by race/ethnicity/national origin, while 37% were motivated by religious bias. 31.4% of the victims were targeted in anti-Jewish incidents; 24.8% in anti-Black incidents; and 14.8% in anti-male homosexual incidents. Yesterday's Hudson Valley Times Herald-Record reported on the newly released statistics.

Court Says No Establishment Clause Violation By Orthodox Jewish School Board Majority

In Incantalupo v. Lawrence Union Free School District, (ED NY, Aug. 24, 2009), a New York federal district judge issued an unusually strong opinion rejecting an Establishment Clause challenge to the Lawrence (NY) School Board's consolidation plan that would close one of the district's school buildings. Plaintiffs claim that the Orthodox Jewish majority on the school board took actions to favor Orthodox Jewish families who send their children to private religious schools rather than the public schools administered by the Board. (See prior posting.) In denying a preliminary injunction the court concluded that "plaintiffs have zero chance of success on the merits." The court additionally completely dismissed the complaint for failure to state a claim. It concluded that the School Board's actions have both a secular purpose and effect. The court wrote in part:

Plaintiffs’ contend, the Defendants’plan to sell a school and keep taxes low somehow establishes Orthodox Judaism as Lawrence’s official religion. This argument is completely frivolous....

Plaintiffs essentially complain about low taxes, alleging that these low taxes enable Orthodox Jews residing in Lawrence to afford parochial schools. But if, as in Mueller, tax deductions targeted at private education survive Constitutional muster, then untargeted lower taxes – which help individuals afford everything from parochial education to groceries to vacations – obviously must.....

[U]nder Plaintiffs' reasoning, no claim would lie against political conservatives who ideologically disfavor spending on public schools, or retirees who have no children in the public school system and want lower taxes to boost their discretionary income. Rather, Plaintiffs believe that the School Board’s actions are problematic entirely because the School Board members are Orthodox Jews who are motivated, in part, to help other Orthodox Jews pay yeshiva tuition by lowering their tax burden. In short, Plaintiffs seek to deny Orthodox Jews political rights possessed by every other group in the United States: the right to mobilize in support of religiously neutral government policies, and then have those policies enacted through normal democratic processes. And Plaintiffs seek to do so because, Plaintiffs allege, the School Board's religiously neutral government actions are motivated by the Jewish faith, instead of anti-tax sentiment generally.

Plaintiffs thus ask this Court to discriminate against Orthodox Jews by finding that lower taxes and smaller government are unconstitutional because many of the tax cut’s beneficiaries would choose to allocate their tax savings to Jewish education rather than secular pursuits. But if the First Amendment means anything, it is that the Government cannot prohibit individuals from spending their own money to fulfill the obligations of their religious faith.

Yesterday, both Newsday and Long Island's Jewish Star reported on the decision. [Thanks to both Benjamin Wolf and Joel Katz (Relig. & State in Israel) for leads.]

Bangladesh Court Orders Police To Investigate Fatwa and Village Arbitration

Bangladesh's High Court has issued a directive to police to investigate extra-judicial punishments that are being meted out by village mullahs as self-appointed arbitrators who pronounce fatwas. Dhaka's Daily Star today says that poor women have often been the victims of the so-called fatwa and village arbitration. Some have been ruthlessly whipped. The paper applauds the court for attempting to end the practice, which the paper calls an exploitation of religious sentiments of simple people.

Florida Standardized Test Dates Conflict With Holidays In 2011

The Miami Herald yesterday reported that when Florida's legislature in 2008 moved the dates for the Florida Comprehensive Assessment Test later in the year to give students more time to prepare, they failed to consider possible conflicts with religious holidays. Now it appears that the dates mandated for the 2011 tests for math, reading and science overlap with Passover and Easter. Officials are concerned because some Jewish students stay out of school for religious reasons for some of the days of Passover, and for Christian students, some of the tests will fall on Good Friday. For all students, holiday activities may mean disruptions in schedules that make for less than ideal testing conditions for the important achievement tests. Schools are looking at various options, such as extending testing dates or closing on Good Friday.

TRO Lets Parochial School Musician Into Public School Band

Yesterday a Pennsylvania federal district court granted a temporary restraining order allowing Alexander Trefelner, an eighth grade saxaphone player, to remain in the Burrell (PA) High School band, even though Trefelner will be a student at St. Joseph Catholic High School. Yesterday's Pittsburgh Post-Gazette reported that after a two-hour hearing, the court ruled that school district policy "appears ... to be a burden on the free exercise of religion." The district, as required by state statute, allows charter, cyber- or home-schooled students to participate in public school extracurricular activities even though they are not enrolled full time in district schools. However neither the statute nor the district's policy extends to students enrolled in private or religious schools. Federal district judge Joy Conti concluded that allowing Trefelner to participate is not likely to create increased costs or administrative burdens for the school. (See prior related posting.)

Kentucky's Required Display of Findings On God Violate Establishment Clause

In American Atheists, Inc. v. Commonwealth of Kentucky, (Franklin KY Cir. Ct., Aug. 26, 2009), a Kentucky trial judge struck down a provision in state law requiring the state Department of Homeland Security to promote and display specified findings of the state legislature. The findings include a statement that: "The safety and security of the Commonwealth cannot be achieved apart from reliance upon Almighty God...." The court concluded that the requirement that these findings be included in agency training and educational material and displayed on a sign at the entrance to the state's Emergency Operations Center violates the federal Establishment Clause and Sec. 5 of the Kentucky Constitution. It said:

The nature of this statute is much more than an acknowledgement that people have historically looked to God for protection. The statute pronounces very plainly that current citizens of the Commonwealth cannot be safe, neither now nor in the future, without the aid of Almighty God.... Effectively the General Assembly has created an official government position on God.

McClatchy Newspapers and the Louisville Courier Journal reported on the decision, as did a release from American Atheists.

UPDATE: The Louisville Courier-Journal reports that on Sept. 4 the state filed a notice of appeal in the case as well as a motion to stay enforcement of the trial court's ruling pending appeal.

Sen. Ted Kennedy Dies; Remembering His Views On Religion In Public Life

Sen. Edward M. Kennedy died last night of brain cancer. (AP). President Obama eulogized him, calling him "the greatest United States Senator of our time." (Full text of President's statement.) Sen. Kennedy was a strong supporter of religious freedom and church-state separation. His speech, titled Faith, Truth and Tolerance in America, delivered at Liberty University in 1983, was an eloquent expression of the role of religion in public life. Here are some excerpts:

I am an American and a Catholic; I love my country and treasure my faith. But I do not assume that my conception of patriotism or policy is invariably correct, or that my convictions about religion should command any greater respect than any other faith in this pluralistic society. I believe there surely is such a thing as truth, but who among us can claim a monopoly on it? There are those who do, and their own words testify to their intolerance....

But in saying that, we cannot and should not turn aside from a deeper and more pressing question -- which is whether and how religion should influence government.... The separation of church and state can sometimes be frustrating for women and men of religious faith. They may be tempted to misuse government in order to impose a value which they cannot persuade others to accept. But once we succumb to that temptation, we step onto a slippery slope where everyone’s freedom is at risk. Those who favor censorship should recall that one of the first books ever burned was the first English translation of the Bible.....

The real transgression occurs when religion wants government to tell citizens how to live uniquely personal parts of their lives.... But there are other questions which are inherently public in nature, which we must decide together as a nation, and where religion and religious values can and should speak to our common conscience..... There must be standards for the exercise of such leadership, so that the obligations of belief will not be debased into an opportunity for mere political advantage. But to take a stand at all when a question is both properly public and truly moral is to stand in a long and honored tradition.....

First, we must respect the integrity of religion itself. People of conscience should be careful how they deal in the word of their Lord. In our own history, religion has been falsely invoked to sanction prejudice -- even slavery -- to condemn labor unions and public spending for the poor.....

Religious values cannot be excluded from every public issue; but not every public issue involves religious values.... Second, we must respect the independent judgments of conscience. Those who proclaim moral and religious values can offer counsel, but they should not casually treat a position on a public issue as a test of fealty to faith.... Third, in applying religious values, we must respect the integrity of public debate. In that debate, faith is no substitute for facts..... Fourth, and finally, we must respect the motives of those who exercise their right to disagree.....

In short, I hope for an America where neither "fundamentalist" nor "humanist" will be a dirty word, but a fair description of the different ways in which people of goodwill look at life and into their own souls.

[Thanks to Blog from the Capitol for a link to the speech.]

3rd Circuit Dismisses Abortion Protesters' Bid To Stand On Handicapped Ramp

On Monday, the U.S. 3rd Circuit Court of Appeals rejected a free exercise claim by protesters who sought access to a handicapped entrance ramp outside an abortion clinic in York, Pennsylvania. The protesters claimed that their Christian religious beliefs required them to share their pro-life views with others. In McTernan v. City of York, (3d Cir., Aug. 24, 2009), concluding that the access ramp was a non-public forum, the court held that it was reasonable to require the protesters to stay on the sidewalk next to the ramp. Their presence on the ramp impairs access to the clinic, while walking instead alongside the ramp still gives them access to everyone entering the clinic. The court dismissed plaintiffs' complaint finding that the regulation at issue is a neutral rule of general applicability. In an earlier decision, the 3rd Circuit had remanded for trial free expression claims regarding a restriction on protests elsewhere near the clinic. (See prior posting.)

Catholic Magazine Publishes Reflections On the Obama-Notre Dame Controversy

The new issue of America magazine carries two articles reflecting on the controversy earlier this year surrounding Notre Dame's awarding of an honorary degree to President Barack Obama. (See prior posting.) One article is by John M. D’Arcy, bishop of Fort Wayne-South Bend, where Notre Dame is located. He writes in part:

The diocesan bishop must ask whether a Catholic institution compromises its obligation to give public witness by placing prestige over truth. The bishop must be concerned that Catholic institutions do not succumb to the secular culture, making decisions that appear to many, including ordinary Catholics, as a surrender to a culture opposed to the truth about life and love.

The second article, from John R. Quinn, archbishop emeritus of San Francisco, takes a different tack. He argues that a strategy of refusing to award an honorary degree to the President "undermines the church's transcendent role in the American political order." He continues:

[T]he Obama controversy, in concert with a series of candidate-related condemnations during the 2008 election, has communicated several false and unintended messages to much of American society..... 1. The message that the Catholic bishops of the United States function as partisan political actors in American life. ...2. The message that the bishops are ratifying the "culture war mentality," which corrodes debate both in American politics and in the internal life of the church.... 3. The message that the bishops are effectively indifferent to all grave evils other than abortion.... 4. The message that the bishops are insensitive to the heritage and the continuing existence of racism in America.

[Thanks to Mirror of Justice for the lead.]