Students Organize Football Game Prayers To Avoid Ban On School Doing So

Earlier this year, the Santa Rosa County, Florida School Board entered into a high profile, and locally unpopular, consent decree in a lawsuit brought against it by the ACLU challenging religious practices in schools. (See prior posting.) Yesterday's Panama City (FL) News Herald reports that now, since school officials cannot lead prayers, students have taken up the cause. At each home football game, students hand out cards with the words of the Lord's Prayer outside the stadium. Then ten minutes before game time, students hold up signs in the stadium asking fans to stand and recite the Lord's Prayer with them. Later, a voice over the PA system, will announce that the school did not organize or participate in the prayer.

Washington State Adopts Final Rules On Displays and Gatherings At Capitol

Washington State's Department of General Administration on Friday announced the adoption of new rules, effective Dec. 1, governing displays and exhibits in the public areas of the state capitol. Yesterday's Seattle Times reports that in order to avoid the controversies that were generated during last year's holiday season, only government-sponsored displays will be allowed inside buildings. This permits the state to continue its state-sponsored holiday tree in the Capitol Rotunda. However private displays will not be allowed there. Last December, the attempt to use an open forum policy led to chaos as applicants sought to put up competing signs and displays. (See prior posting.)

The new rules (full text) allow gatherings, including free speech activities, of up to 25 people inside the Capitol building or up to 75 outside without a permit. For larger groups, a permit is required. Only hand-held banners and signs are permitted inside the Capitol during these events. For events outside on the Capitol grounds, temporary signs, exhibits or displays can be placed on the grounds during the activity, but must then be removed. The state has also published a 113-page "Concise Explanatory Statement" summarizing of all the comments received on the new rules when they were issued in proposed form, and an explanation of the differences between the proposed and final rule.

First Women Appointed To Shariah Courts In Palestinian Authority

In the Palestinian Authority West Bank towns of Hebron and Ramallah, the first women to preside over Shariah courts have been appointed. Australia's ABC News reported yesterday that Sheikh Tayseer al Tamimi, effectively the Chief Justice of the Palestinian state, paved the way by permitting Asmahan Liwheidi in Hebron and Khulud Mohammed Faqih in Ramallah to sit the judges' exam. The new judges hope to bring changes to the way Islamic courts treat Muslim women.

James Dobson Will Step Down As Radio Host For Focus On Family

James C. Dobson, the 73-year old founder of Focus on the Family, will end 32 years as its primary spokesman in February when he steps down as host of its radio program. The announcement by Focus on the Family on Friday said that this "is just the 'third chapter in a transition that began in 2003,' when Dr. Dobson stepped down as Focus president." At that time, Jim Daly took over the presidency. The Colorado Springs Gazette reports that the powerful conservative Christian leader, who was asked for advice by Presidents Ronald Reagan and George H.W. Bush, has become a polarizing figure through his strong support of the traditional family and his opposition to pornography and same-sex marriage. Focus on the Family has suffered from declining donations in recent years. The Denver Post says that under Daly's presidency, Focus on the Family has become less confrontational and political as a younger generation of evangelical leadership is developing.

NY Condo Settles Complaint That It Restricted Placing Mezuzahs On Doors

According to MCT News Service yesterday, the New York Attorney General's office has won a settlement with a condominium homeowners association after beginning an investigation of a complaint that Stone Ridge Estates in Dix Hills (NY) was restricting Jewish residents from placing mezuzahs on their door frames. Condo resident Patti Werner claimed she was being discriminated against on religious grounds when residents were told to "either take down their mezuzahs or purchase a screen door costing between $300 to $500 dollars to conceal the object." Under the settlement, the condo association will pay a $10,000 fine and amend its bylaws so they "do not discriminate against residents because of their religion." [Thanks to Vos Iz Neias? for the lead.]

Priest's Claims of Abuse and Retaliation From Fellow-Priests Dismissed

In Hoatson v New York Archdiocese, (NY S.Ct., Oct. 26, 2009), a New York trial court dismissed claims brought against the Congregation of Christian Brothers, various clergy, the Archdiocese of New York and the Diocese of Albany by a priest who claimed that he had been sexually abused by fellow priests for 12 years. He alleged that he was denied promotions and experienced retaliation because he refused and complained about sexual advances and that he experienced retaliation when he complained of alleged inappropriate sexual behavior of priests with minors. He says he was fired from his position at a parochial school in the Archdiocese of Newark for speaking critically about the Catholic Church at a public hearing before the New York State Senate in Albany, on behalf of victims of clergy sexual abuse. The court dismissed all the claims on various procedural and pleading grounds, including statute of limitations. In doing so, the court avoided having to determine whether the "ministerial exception" applies to claims under New Jersey's Conscientious Employee Protection Act that protects whistle blowers.

9th Circuit Denies En Banc Rehearing On Washington State Pharmacy Board Regs

In Stormans Inc. v. Selecky, (9th Cir., Oct. 28, 2009), the U.S. 9th Circuit Court of Appeals refused to grant an en banc rehearing. In July, a 3-judge panel in the case refused to preliminarily enjoin 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. (See prior posting.) Along with this week's denial of a rehearing, the original panel granted a request for a rehearing by the panel, and without hearing further arguments vacated its original opinion and issued a new opinion reaching the same conclusion as it did before. However the new opinion, in discussing whether the regulation is neutral and generally applicable, eliminates the section that was in the July opinion taking the district court to task for considering the rule's legislative history . This allowed Judge Clifton to join in the opinion fully and omit the concurrence he filed in July objecting to the majority's conclusion that it was inappropriate to consider the legislative history.

State Department Helps Bring Threatened Yemeni Jews To U.S.

The tiny remaining Jewish community in Yemen has been in increasing danger over the last year as growing internal strife and Islamic militancy has made it more difficult for Yemeni President Ali Abdullah Saleh to continue to protect the 350-person community. Today's Wall Street Journal carries a long article on the U.S. State Department's role (along with private relief groups) in secretly getting some 60 Yemeni Jews out of the country and resettling them in Monsey, New York. Up to 100 more could still come to the U.S. Others will settle in Israel and and some will remain in a protected government enclave in Yemen. Those arriving in the U.S. have had little contact with the West. The Journal's striking photo of one family arriving shows a father with his hair in traditional peyot (sidelocks), and his three daughters all wearing burkas.

Halloween Creates Church-State Puzzle For Some Schools

Tomorrow is Halloween, a holiday which has varied religious connections. It has roots in the Celtic festival of Samhain. In the 7th and 8th centuries, the Catholic Church tried to co-opt the day as the eve of All Saints Day. Some Protestant groups have used it as a celebration of the Reformation. More recently some Christians have rejected Halloween because they see it as celebrating the occult or promoting Satanism, or stemming from Pagan origins. (Background from Wikipedia.) No wonder all of this is confusing to school officials concerned about maintaining the proper line between church and state. Guampdn reported yesterday that at C.L. Taitano Elementary School in the Guam town of Sinajana, Halloween celebrations were replaced by a costume parade designed to promote literacy. Students could dress up as a character from any book they had read.

Last month, Guam Department of Education legal counsel Fred Nishihira sent out a routine annual notice to principals telling them that they must remain neutral in their treatment of religion. The memo allowed him to provide the required annual certification to the U.S. Department of Education that Guam schools are complying with the separation of church and state. Nishihira's memo created uncertainty for C.L. Taitano principal Corina Paulino as to whether a Halloween celebration would be permissible. So, out of an abundance of caution, she scheduled the book character costume parade instead. Nishihira said that when he sent out the religious neutrality memo, the question of Halloween had not occurred to him.

Protester Sues Nashville's Scientology Centre For Injuries

The Tennessean reports today on a lawsuit filed against the Church of Scientology's Nashville Celebrity Centre by Thomas A. Parker, a member of the anti-Scientology group Anonymous. Parker and others planned to protest the April 25 opening of the Centre. The lawsuit alleges that Parker was confronted by two off-duty police officers who had been hired as security guards for the Centre, was pushed to the ground and arrested for criminal trespass. The incident occurred across the street, some 450 yards away from the Centre. Later the charges against Parker were dismissed. Parker suffered injuries to his shoulder, elbows and knees.

Two Courts Around the World Rule On Conscientious Objector Claims

In different parts of the world this week, courts were examining the question of conscientious objector exemptions from military service. In Case of Bayatyan v. Armenia, (ECHR, Oct. 27, 2009), the European Court of Human Rights held that the European Convention on Human Rights does not require Armenia to provide an exemption from military service for a Jehovah's Witness who is a conscientious objector. The freedom of thought, conscience and religion protections of Art. 9 of the Convention need to be read in light of the provision in Art. 4, Sec. 3(b) which appears to leave the choice of providing CO objections up to the decision of each country. (Court's press release on case.) Subsequently Armenia adopted an alternative service law.

Meanwhile, according to Ekklesia, last week Colombia's Supreme Court held that all citizens have the right to opt out of military service on religious, moral or philosophical grounds. Previously only men studying to be Catholic priests were entitled to an exemption on religious grounds.

Malaysia Seizes Bibles That Translate "God" As "Allah"

CNN reported yesterday that in Malaysia during recent months, the Home Ministry's Publications and Quran Text Control Department has seized over 20,000 Malay-language editions of the Bible from the Bible Society of Malaysia and from the Gideons. The problem is that the Bibles translate "God" into the Malay word "Allah". However the government says that the word "Allah" can only be used by Islam, and that its use in Christian texts will confuse Muslims and draw them into Christianity. A similar dispute involving the Catholic Herald was resolved earlier this year by requiring the newspaper to print a disclaimer in large type declaring it is a Christian publication. (See prior posting.)

House Democrats' Health Care Bill Does Not Mandate Coverage For Spiritual Healing

Yesterday in Congress, House Democrats introduced their health care reform bill, H.R. 3962, the Affordable Health Care for America Act. (Press release.) The Chicago Tribune reports that this version does not mandate insurance coverage for services of Christian Science practitioners or other spiritual care. Christian Science practitioner Shirley Paulson said that Christian Science treatment is different from faith healing. Christian Science does not bar members from also seeking traditional medical care. The typical session with a Christian Science practitioner costs $25.

Al Arabiya Charged With Blasphemy In Saudi Court

According reports in Arab News and in Maktoob Business yesterday, in Saudi Arabia a group of citizens has filed a lawsuit against the television channel Al Arabiya charging it with blasphemy. The station is Saudi owned, and operates from Dubai. The lawsuit, filed in the summary court in Jeddah, charges the station with ridiculing God, the Prophet Muhammad and his sayings, and the Angel Gabriel.

Jury Agrees Bible Reading Dispute Was Merely A Misunderstanding

Yesterday, according to WBIR News, a federal court jury in Knoxville, Tennessee found in favor of the Knox County Schools in a lawsuit over the right of elementary school students to read the Bible during recess. The suit involves an incident that occurred when plaintiff, Luke Whitson, was in the 4th grade at Karns Elementary School. Luke's family claims that the school's principal interfered with a group of students who had started a Bible study club at recess. They sued for an injunction and nominal damages. The school said it was all a misunderstanding of the school's policy which prohibits adult-led Bible study during school hours, but allows students to study the Bible on their own. Apparently the jury agreed with the school's contention. (See prior related posting.)

Chabad Gets Default Judgment Against Russia In Suit Over Book Collections

Talk of the Planet reported yesterday that Judge Royce C. Lamberth, chief judge of the U.S. District Court for the District of Columbia, has entered a default judgment against the Russian Federation in the lawsuit against it by the Chabad-Lubavitch movement to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) After U.S. courts rejected Russia's jurisdictional challenges, Russia filed a statement with the court stating that it would no longer continue in the litigation and its counsel, Squire Sanders & Dempsey, withdrew. In issuing the default judgment, Judge Lamberth said: "The defendants have willfully refused to continue in this litigation."

Claims Against Archdiocese In Abuse Cases Do Not Violate First Amendment

In similar opinions handed down this week in two diversity cases, a Missouri federal district court held that it is required to make its own independent constitutional analysis in clergy sexual abuse cases to determine whether allowing negligent hiring, retention and supervision claims to be brought against the Catholic Archdiocese of St. Louis violates the First Amendment. The Missouri Supreme Court previously held that adjudicating such claims would be inconsistent with the First Amendment. In Ohl-Marsters v. Johnston, 2009 U.S. Dist. LEXIS 99585 and McCormick v. Johnston, 2009 U.S. Dist. LEXIS 99587 (ED MO, Oct. 26, 2009), the court held that proceeding with these claims would not violate either the Free Exercise or the Establishment Clause. However the court dismissed breach of fiduciary duty claims and respondeat superior claims against the Archdiocese brought by both plaintiffs, finding that those claims were not supported by state law.

7th Circuit: Village Can Exclude Churches From Commerical District Under RLUIPA

In River of Life Kingdom Ministries v. Village of Hazel Crest, (7th Cir., Oct. 27, 2009), the U.S. 7th Circuit Court of Appeals refused to grant a preliminary injunction to permit a church to relocate from a crowded warehouse to property it purchased in an area zoned for various commercial uses, but not for religious services. The church claimed that the Village of Hazel Crest's denial to it of a special use permit violated the "equal terms" provision of RLUIPA. The court concluded that the church had little likelihood of prevailing on the merits. It adopted the approach followed by the 3rd Circuit, holding that under RLUIPA a zoning ordinance can differentiate between religious and non-religious institutions for legitimate, non-religious reasons. Here the Village wanted to create a tax-generating commercial district near mass transit. It can exclude non-commercial uses, including churches, without violating RLUIPA. (See prior related posting.)

Radical Group Seeking To Create Sharia State In U.S. Arrested In Michigan; Leader Killed

In Michigan yesterday, raids by law enforcement officers at a warehouse in Dearborn and a home in Detroit led to a series of arrests and the unsealing of a federal conspiracy complaint against 11 men who are alleged to be members of a radical fundamentalist Sunni Muslim group. Yesterday's Detroit Free Press reports that the leader of the group, 53 year old Luqman Ameen Abdullah, was killed by authorities in an exchange of gunfire after he refused to surrender during the warehouse raid. A news release issued jointly by the U.S. Attorney's Office and the FBI described the group, which calls itself Ummah ("the brotherhood"), as "a group of mostly African-American converts to Islam which seeks to establish a separate Sharia-law governed state within the United States." According to the affidavit of an FBI agent, some of the members of the group were converted to Islam while in prisons across the U.S. Here in two parts (1, 2 ) is the full text of the affidavit of the FBI agent that accompanied the complaint.

President Signs New Hate Crimes Law As Part of Defense Authorization Act

Yesterday afternoon, President Obama signed the 2010 National Defense Authorization Act. His statement at the signing ceremony focused mainly on the defense spending portions of the bill. A few hours later he hosted a reception commemorating another part of the bill, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. (See prior posting.) In his statement there (full text), he described the legislation:

through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation.... And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.

WorldNet Daily reported on statements by a number of conservative Christian groups criticizing the new law.