Canadian Court Hands Down Decision In Botched Ritual Circumcision Case

In Canada, the Supreme Court of British Columbia (which is the province's superior trial court) this week ruled that the Crown had proved the elements of criminal negligence in the case of a man who performed a botched ritual circumcision on his 4-year old son. It ruled that the defense can now proceed with its claim that the father is entitled to a constitutional exemption because the circumcision was motivated by defendant's desire to fulfill his religious duty. The opinion in Regina v. D.J.W., (BC Sup. Ct., Oct. 14, 2009), contains rather graphic descriptions of the facts underlying the case.

The exact nature of the accused's religious beliefs is not clear. He is not Jewish, but follows both the Old and New Testaments of the Bible. He believed that it was necessary to circumcise his son before Passover. Counsel argued that defendant was entitled to relief in the nature of a constitutional exemption under s. 24(1) of the Charter of Rights and Freedoms. Wednesday's Vancouver Sun reports on the decision.

British National Party Agrees To Eliminate Racial Membership Limits

Thursday's London Telegraph reports that the British National Party has agreed to settle a complaint brought against it in August by Britain's Equality and Human Rights Commission. The party's Constitution (full text) limits membership to those who descend from indigenous Caucasian British ethnic groups. The Commission charged that this violates Britain's Race Relations Act. (EHRC Letter Before Claim to BNP). In settling the case, the BNP has agreed to use "all reasonable endeavours" to revise its constitution to eliminate discrimination on the basis of "protected characteristics" including race, gender and religious belief. The court gave party leader Nick Griffin ten days to submit a signed agreement undertaking to present party members with a revised constitution at the BNP's general meeting next month.

Plaintiff Who Challenged Teacher's Remarks Now Speaks At Republican Fund Raisers

Earlier this year, California high school student Chad Farnan and his parents won a mixed victory in a lawsuit against Chad's former high school history teacher James Corbett. They alleged that Corbett made comments in class hostile to religion, particularly to Christianity. A federal court found that one of the teacher's comments violated the Establishment Clause, but on various grounds denied any sort of relief. (See prior posting.) Now, according to yesterday's Orange County (CA) Register, 17-year old Farnan is speaking at fund raisers for Republican candidates. At an event for Shawn Black, a candidate for the 70th Assembly District in Orange County, Farnan told the audience: "Now is the time to fight back, so our rights as Christians and conservatives can be taken back." The fundraiser's master of ceremonies told the audience: "We need to pray for [Farnan] because he is under attack for his faith." The Capistrano Valley High School senior has given about ten fund raising speeches since May.

Group Challenges Constitutionality of IRS Parsonage Allowance Provisions

The Freedom from Religion Foundation and 21 of its members, represented by Michael Newdow, filed a federal lawsuit today challenging the constitutionality of two provisions of the Internal Revenue Code that give special tax deductions to "ministers of the gospel." the complaint (full text) in Freedom from Religion Foundation v. Geithner, (ED CA, filed 10/16/ 2009) alleges that Sections 107 and 265(a)(6) of the Revenue Code violate the Establishment Clause by discriminating against secular organizations and excessively entangling the government with religion because determinations whether the sections apply turn on religious criteria and inquiries.

Section 107 exempts from income the rental value of a parsonage, or the amount of a parsonage allowance, furnished to a "minister of the gospel." Section 265(a)(6) allows a minister of the gospel to claim deductions interest and property taxes, even though the money used to pay such amounts was received from a church in the form of a tax-exempt §107 allowance. The concern is not a literal interpretation of "minister of the gospel"-- courts have not limited application of these IRS regulations to Christian denominations. (Background). Instead the objection is to the requirement that to be deductible, the parsonage allowance must be received as compensation for service performed in the exercise of a religious ministry. This requires an examination of whether the clergy person is performing religious worship or conducting the activities of a religious organization.

The lawsuit also challenges Sections 17131.6 and 17280(d)(2) of the California Revenue and Taxation Code which track the federal provisions being challenged. ABC News 10 reported on the lawsuit.

Colbert's Satirical Review of Arguments In Sunrise Rock Cross Case

There has been much commentary on last week's oral arguments before the Supreme Court in Salazar v. Buono-- the case involving the Sunrise Rock Cross located in the Mojave Preserve war memorial . (See prior posting.) In paticular pundits have focused on Justice Scalia's questioning. (St. Louis Post Dispatch.) Stephen Colbert's satirical take on the arguments is among the more interesting reactions to Scalia. Thanks to Don Byrd for pointing out this video clip:

The Colbert Report	Mon - Thurs 11:30pm / 10:30c
The Word - Symbol-Minded
http://www.colbertnation.com/
Colbert Report Full Episodes Political Humor Michael Moore

President Attends White House Diwali Celebration

According to the Washington Post, on Wednesday, President Obama became the first U.S. President to attend a celebration of the Diwali holiday in the White House. While the White House Diwali celebration tradition began during the George W. Bush Administration, previously only cabinet members and White House staff attended. Diwali is celebrated by Hindus, Sikhs, Jains and Buddhists, although with different traditions in each religion. The White House blog has also posted an account of the President's participation in the ceremony, along with a video greeting extending holiday wishes. At the ceremony the President lit the White House diya (earthen lamp) which is traditional for the festival. He also signed an executive order (full text)reestablishing the Initiative on Asian Americans and Pacific Islanders and setting up an Advisory Committee on Asian Americans and Pacific Islanders.

Supreme Court Hears Arguments On Attorneys' Fees In Civil Rights Cases

The U.S. Supreme Court Wednesday heard oral arguments in a case that could have important implications for the recovery of attorneys' fees by prevailing parties who assert Free Exercise claims against state and local governments. Perdue v. Kenny A. is an appeal from an 11th Circuit decision that raises the question of whether attorneys' fees awarded under 42 USC Sec. 1988 can be enhanced based solely on the quality of performance and results obtained in the litigation. The attorney fee provisions of Sec. 1988 apply to actions under Sec. 1983, under RFRA and under RLUIPA. SCOTUS Wiki has background on the case and links to all the briefs as well as the 11th Circuit opinion below. The Supreme Court has posted the full transcript of the argument. SCOTUSBlog carried a summary of the arguments.

USCIRF Urges Secretary of State To Press Iran On Religious Freedom

The U.S. Commission on International Religious Freedom on Tuesday wrote Secretary of State Hillary Clinton (full text of letter) urging her to press Iran on its human rights and religious freedom record as the U.S. pursues talks over Iran's nuclear program. Iran has been designated a "country of particular concern" under the International Religious Freedom Act (IRFA) since 1999. (See prior posting.) USCIRF letter recommends that the U.S. impose sanctions on Iran under the IRFA by barring entry entry into the United States and freezing the assets of Iranian government officials who have engaged in particularly severe religious freedom violations.

NY City Council Candidate Is a Neopagan Priest

Religion Dispatches yesterday reports on Dan Halloran, a Republican candidate for New York's City Council from Queens. Halloran is a practicing Neopagan. He is a priest of Theodism, a form of Norse Paganism which is a branch of Heathenism (or Asatru). Halloran says he believes in God and that faith is a cornerstone of his life. Explaining his views in a letter to a Neopagan blog, Halloran said: "I honor my Ancestors and cling to my Hiberno-Norse Culture’s Worldview. I revere my God (Tiw)- and henotheistically I may add... I have never hidden my religion—it's on my Facebook.... I've been the corporate counsel for a variety of pagan groups—and have lectured and discussed theology all over the U.S."

Christian Sports Camp Group Sues School That Excluded Its Flyers

On Wednesday, a religious group that operates Christian summer sports camp programs throughout the Midwest filed a federal lawsuit against the Lee's Summit (Missouri) School District challenging its policies governing its Backpack Flyers for Students Program. Only groups specifically named in the school policy statement (with a limited exception for Boy Scouts and Girl Scouts) are allowed to send flyers home with students. None of the named organizations are religious in nature. The complaint (full text) in Victory Through Jesus Sports Ministry Foundation v. Lee's Summit R-7 School District, (WD MO, filed 9/14/2009), alleged that the school's refusal to send home flyers on Victory's soccer camp amounted to a content- and viewpoint-based prior restraint of speech and denied Victory equal protection of the laws. Liberty Counsel yesterday issued a press release on the case.

Ute Tribal Court Rejects Religious Challenge To Fish Hatchery

Yesterday's Vernal, Utah Express reports that a Ute Tribal Court ruled Monday in favor of the Tribe against tribal members challenging the Tribe's construction of the Big Springs Tribal Fish Hatchery. Tribal religious leaders say "the springs are a traditional religious site that must flow naturally without being tapped into a pipeline." While the court rejected these arguments, it did order a 30-day halt in construction of the pipeline to give time to bring concerned parties together to re-evaluate the situation.

Virginia Supreme Court Will Review Episcopal Church Case

According to yesterday's Washington Post, the Virginia Supreme court has agreed to review a lower court's decision in In Re: Multi-Circuit Episcopal Church Property Litigation (see prior posting). The lower court held that under Virginia's "Division Statute," church properties belong to the congregations and not to the Episcopal Church USA and the Diocese. The Episcopal Church argues that the congregations never legally "divided," but instead a conservative faction merely decided to leave and affiliate elsewhere.

Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case

As previously reported, last July a descendant of Hawaiian royalty filed suit in Hawaii state court to require Honolulu's Kawaiahao Church and the state Department of Land and Natural Resources to fully comply with state burial laws in a construction project on land that was once a cemetery. Now, according to yesterday's Honolulu Advertiser, plaintiff has won a key ruling. The court rejected the argument that because the church maintains an active cemetery, it is subject to less stringent regulations. The court said that a full hearing before the Oahu Island Burial Council to review the project is required because it is on property that contains burial remains.

One Faith-Based Task Force Urges Involvement In Israeli-Palestinian Issues

On Tuesday, the White House Office of Faith-Based and Neighborhood Partnerships Advisory Council released preliminary drafts of recommendations from its six task forces. (See prior posting.) The Forward reported yesterday that a draft recommendation from one of the Task Forces (the one on interreligous dialogue) recommended that the Faith-Based Office should "create a working group of multi-religious and community organizations focused on the Israeli-Palestinian conflict, to advise administration officials at the National Security Council and the State Department on a just resolution of the conflict." Jewish leaders say this is outside the scope of the Office, and predict the recommendation will not make it into the final version of the Task Force reports.

Meanwhile, the task force on reform of the faith-based office proposed three recommendations for strengthening church-state separation: (1) Strengthen prohibitions against proselytizing program beneficiaries; (2) Post a list of grant recipients online; and (3) Strengthen language in the Executive Order creating the Office to emphasize that following constitutional principles is as important as distributing funds efficiently.

2nd Circuit: Ministerial Exception, Not RFRA, Bars Pastor's ADEA Suit

In Hankins v. New York Annual Conference of the United Methodist Church, (2d Cir., Oct. 13, 2009), the U.S. 2nd Circuit Court of Appeals held that the constitutionally-based "ministerial exception" doctrine requires dismissal of a pastor's age discrimination complaint. Plaintiff claimed that the United Methodist Church's policy requiring ministers over 70 to retire violated the federal ADEA and the New York State Human Rights Law. The court's decision affirmed the result the trial court had reached, but concluded (contrary to its own earlier holding) that it was the ministerial exception doctrine, not the Religious Freedom Restoration Act, that leads to that result. [Thanks to Steven H. Sholk for the lead.]

South African Court Rules Forced Circumcision of Teenager Is Unconstitutional

South Africa's Weekend Post reported yesterday on a decision by a High Court Judge in the town of Bhisho in South Africa's Eastern Cape Province. Teenager Bonani Yamani, now a second-year university student, sued his father and ten other men for abducting him and forcibly performing a traditional Xhosa circumcision on him in 2007 just three months after he had already been circumcised in a hospital. Bonani argued that the traditional circumcision violated his religious beliefs. The court ruled that the forced circumcision violated Bonani's constitutional rights. The teenager had also named the Eastern Cape Congress of Traditional Leaders of South Africa as a defendant. However he withdrew his complaint after the current head of the group apologized for comments made by his predecessor urging that people who refused traditional circumcision should be ostracised.

Russia's Justice Ministry Proposes Controversial Religion Law Amendments

Russia's Justice Ministry is proposing controversial new amendments to the country's law on religion, according to a report yesterday by Georgian Daily. Religious organizations will be required to seek registration from regional rather than local authorities. Also no one who has been convicted of inciting inter-ethnic or inter-religious hostility or "other crimes of an extremist nature" can be listed among the group's members seeking registration. Of more concern among established groups is the proposed new restriction on missionary activity. Government approval will be need before a religious group can engage in any kind of proselytizing activity-- defined as "the dissemination of one’s own faith among people who are not members, participants or followers of that religious organization." Missionaries from abroad must have an invitation form a group within Russia. The Russian Orthodox Church is strongly opposed to these provisions, calling them "spiritual terrorism against missionaries." This opposition may well lead to changes or rejection of the proposals.

Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections

In Harris County Medical Examiner v. Saghian, (TX Ct. App., Oct. 8, 2009), a Texas state court of appeals reversed a trial court's 2007 decision barring the county medical examiner from performing an autopsy on a Jewish man who apparently had committed suicide. The court rejected the trial court's finding that the autopsy violated the Texas Religious Freedom Restoration Act because, while several rabbis testified as to Orthodox Jewish beliefs regarding autopsies, there was no evidence that the deceased and his wife were in fact observant Orthodox Jews. The only evidence before the court was that the husband and wife consulted with one of the rabbis on several occasions and that the deceased attended events and classes sponsored by a Jewish organization.

Court Says Church Could Be Liable For Harassment of Summer Camp Employees

Nunez v. Mariners Temple Baptist Church, (NY Sup. Ct., Oct. 8, 2009), involved a lawsuit by the father of two teenagers who alleged sexual harassment by their supervisor at a children's summer camp where they were employed. A New York trial court held that the lawsuit could be maintained against a Church that owned the building and yard where the camp operated, as well as against the non-profit organization that ran the camp. The court concluded that the complaint raised a triable issue of fact as to whether the two organizations should be considered an integral enterprise for the purposes of liability. In the case the Church also asserted a claim against its insurance company seeking a declaration that the insurer is obligated to defend and indemnify it in the case. The court refused to conclude that the claim against the Church was excluded from coverage under its insurance policy.

British Tribunal Reverses Exclusion of Dutch Politician Geert Wilders

BBC News reports that yesterday Britain's Asylum & Immigration Tribunal reversed a government decision that refused right-wing Dutch politician Geert Wilders entry into the country last February. Wilders called the Tribunal decision a victory for free speech. Wilders, known for his strong anti-Islam views, had been invited to show his inflammatory film Fitna in the upper house of Britain's Parliament. (See prior posting.) Wilders plans a visit to Britain next week. An appeal by the Home Office, or a ban on different grounds, are possible responses. The Home Office can keep the travel ban in place pending appeal only if it obtains permission from the Court of Appeal.