North Carolina High Court Upholds Fees On Homes In Methodist Development

In Southeastern Jurisdictional Administrative Council, Inc. v. Emerson, (NC Sup. Ct., Oct. 9, 2009), the North Carolina Supreme Court upheld the 1996 levy of annual service charges on property of homeowners in a development that was created 100 years ago by an arm of the Methodist Church. The development is a center for religious conferences and retreats as well as a private residential community. It includes 700 private homes plus a lake, meeting facilities, hotels, campgrounds and museums. Owners of two properties objected to paying assessed fees. Their deeds contained covenants providing that the land is held subject to community rules adopted from time to time by the Lake Junaluska Assembly. The court found the new service charges reasonable and enforceable, emphasizing that "the Assembly has existed for nearly a century and has spent that entire time purposefully developing its unique, religious community character."

Justice Edmunds, concurring, emphasized the unique nature of the Lake Junaluska Development. Justice Hudson, dissenting, argued that "the restrictive covenants at issue do not contemplate any affirmative financial assessment on defendants" and the unique religious community character of the development should be irrelevant. The Lincoln (NC) Tribune reports on the decision.

Islamic Party Will Run Local Candidates In Spain In 2011

World Bulletin reports today that "Rebirth and Union," Spain's first Islamic political party, is planning to run candidates in 2011 local elections. Head of the party, professor and former journalist Mustafa Barrach, says he is a moderate and supports Spain's constitution. The party is aiming not just at the 1.3 million Muslims in Spain, but also at immigrants who comprise 10% of Spain's population.

Australian Animal Rights Groups Dispute Ritual Slaughter Methods

In Australia, animal rights groups are criticizing a decision by federal and state agriculture ministers to allow ritual slaughter of animals without first stunning them to continue at four slaughter houses in the country. Nov. 10 and Nov. 13 articles in The Age report that the previous federal government two years ago ordered an investigation into the practice of Halal and kosher slaughtering of animals while they are still conscious. Authorities have agreed to release two scientific reports that have been written, and to engage in further consultations.

According to the Sydney Morning Herald last week, Princess Alia bint al-Hussein of Jordan, sister to King Abdullah II, has written Australian Prime Minister Kevin Rudd urging him to withdraw the exemptions currently held by the four Australian plants. She says that killing without stunning is not required by Islamic law and that permitting it in Australia could undermine efforts in the Middle East to require stunning of animals before slaughter. Only a tiny percentage of meat exported from Australia is killed without stunning, but industry sources are concerned that the exemptions will tarnish the image of the entire industry in Australia. Australia's Meat Trade News Daily says that Australia's Fletcher International Exports-- the largest halal seep meat exporter in the world-- has convinced its customers to accept meat that has been killed with prior stunning of the animals. [Thanks to Steven H. Sholk for the lead.]

South Carolina Gubernatorial Hopeful Defends Christian Prayer At Council Meetings

The Palmetto Scoop yesterday reported that South Carolina Attorney General Henry McMaster who is running in the Republican primary in June 2010 to become the state's next governor has released a web video strongly supporting the right of city councils to open their meetings with sectarian prayer. Referring to a suit brought by the ACLU on behalf of a Wiccan high priestess against the Great Falls, SC Town Council, McMaster said: "we told them that we would fight for them. As I have said, under the Constitution, you are allowed to pray the way you want to pray. If you want to pray to Jesus, which of course many people do, then that's the way that you ought to be allowed to pray." McMaster added: "one day, I believe the U.S. Supreme Court will recognize that they've gone off the deep end with their rulings against prayer...."

D.C. Catholic Archdiocese Threatens To End Social Services Over Gay Marriage Bill

In Washington, DC, the Catholic Archdiocese is threatening to end the social service programs it operates under contract with the city if City Council does not include broader religious exemptions in the same-sex marriage bill that it will vote on next month. In a press release issued on Tuesday, after the Council's Committee on Public Safety and the Judiciary voted to narrow the language on exemptions for religious organizations, the Archdiocese said:

Under the bill, religious organizations do not have to participate in the "solemnization or celebration" of a same-sex marriage ceremony. An earlier version of the bill also exempted them from "the promotion of marriage that is in violation of the entity’s religious beliefs." The revised language significantly narrows that exemption to the "promotion of marriage through religious programs, counseling, courses, or retreats."

As a result, religious organizations and individuals are at risk of legal action for refusing to promote and support same-sex marriages in a host of settings where it would compromise their religious beliefs. This includes employee benefits, adoption services and even the use of a church hall for non-wedding events for same-sex married couples. Religious organizations such as Catholic Charities could be denied licenses or certification by the government, denied the right to offer adoption and foster care services, or no longer be able to partner with the city to provide social services for the needy.

The Washington Post this morning says that Catholic Charities serves 68,000 people in the District, including one-third of the homeless, who go to city-owned shelters managed by the Church. From 2006 to 2008, the Catholic Church received $8.2 million in city contracts, and supplemented city social service funding with $10 million per year of its own funds. Jane G. Belford, chancellor of the Washington Archdiocese, told City Council that: "All of those services will be adversely impacted if the exemption language remains so narrow." However, City Councilman David A. Catania said he would rather end the city's relationship with Catholic charities than give in to the Church's demands. [Thanks to both Steven H. Sholk and Scott Mange for the lead.]

Denmark's Muslims Face Political Opposition To Building of New Mosques

Today's New York Times reports on the political opposition in Denmark to plans by for the building of two grand mosques in Copenhagen. City council has already approved plans for a Shiite mosque, and the smaller Sunni community is also moving ahead with construction plans. However the conservative, anti-immigrant Danish People's Party has been gaining support, and controversy over constructing these mosques may garner it up to 12% of the vote in upcoming municipal elections. Controversy four years ago over the Muhammad cartoons and, more recently, gang wars and shoot-outs involving immigrants, have fed anti-immigrant sentiment. City officials say Muslims have a right to build. The minarets would be slim and there would be no calls to prayer broadcast. However, Martin Henriksen, one of the leaders of the People's Party fears that Iran is involved in the plans to build the Shiite mosque, and insists that immigrants need to show a willingness to "become Danes".

USCIRF Issues Policy Document Opposing UN Defamation of Religions Proposal

The U.S. Commission on International Religious Freedom yesterday issued a new Policy Focus publication titled: The Dangerous Idea of Protecting Religions from "Defamation": A Threat to Universal Human Rights Standards. The Executive Summary reads in part:

Although touted as a solution to the very real problems of religious persecution and discrimination, the OIC-sponsored UN resolutions on this issue instead provide justification for governments to restrict religious freedom and free expression. They also provide international legitimacy for existing national laws that punish blasphemy or otherwise ban criticism of a religion, which often have resulted in gross human rights violations. These resolutions deviate sharply from universal human rights standards by seeking to protect religious institutions and interpretations, rather than individuals, and could help create a new international anti-blasphemy norm.

The United Nations General Assembly is expected to vote shortly on this year's version of the resolution on Combating Defamation of Religions (full text) sponsored in the General Assembly's Third Committee by Syria (on behalf of the Organization of the Islamic Conference), Belarus and Venezuela.

UPDATE: Europe News reported on Nov. 12 that the OIC has written a letter (full text) to the Chairman of the U.N. Committee on Complementary Standards defending its defamation of religions proposal against charges that it infringes on freedom of expression.

Idaho Charter School Rebuffs Document Request From State Commission

As previously reported, an Idaho charter school, the Nampa Classical Academy, has filed a federal lawsuit against members of the Idaho Public Charter School Commission and other state officials, challenging a Commission order banning the use of the Bible or any other religious documents or texts in public charter school classrooms. Now, according to an AP report yesterday, the school has refused to comply with a public records request from the Public Charter School Commission. Claiming that the request could interfere with its pending lawsuit, the school's acting board chairman Michael Moffett, refused to furnish information on an assignment for seventh-graders called "Comparing the Codex Hammurabi with the Mosaic Law." Moffett also asked the Commission to stop requesting other documents that relate to the case. Moffett, whose brother founded the school, has been controversial. Since October, seven board members have resigned over conflicts with him. The Commission is investigating compliance issues regarding the school, and a hearing is scheduled today.

New York City Anti-Discrimination Law Given Broad Reading

In Lampner v. Pryor Cashman, (NY Sup. Ct., Nov. 6, 2009), a New York state trial court ruled that the New York City Human Rights Law, as amended in 2005, creates greater protection against a hostile work environment than does New York state or federal law. The lawsuit was brought against a law firm by an Orthodox Jewish employee who worked as a computer system network manager for the firm. The employee scheduled his work so he could leave early on Fridays and not work on Saturdays or Jewish holidays. He claimed harassment due to his religious beliefs, including placing him in a cubicle, placing another employee of lower rank in his office, taking away his privileges, monitoring his phone conversations, and encouraging him not to continue observing his religious tenets. He also alleged a derogatory slur was directed at him. The court, relying on an appellate decision from a different state appellate district, held that a hostile work environment claim can be maintained even if the work environment was not permeated with discriminatory intimidation, ridicule and insult. So long as the offensive conduct was more than petty slights and trivial inconveniences, a violation has occurred. The severity of the conduct goes to assessing damages. Yesterday's New York Law Journal reported on the case. [Thanks to Joel Sogol via Religionlaw for the lead.]

British Case Focuses On Whether Belief In Psychics Is Protected Under Employment Equality Rules

London's The Independent reports today on an appeal pending in Britain's Employment Appeal Tribunal. Former police trainer Alan Power was fired by the Greater Manchester Police department. Power believes in psychics and their usefulness in police investigations. The police department appealed after a Manchester Employment Tribunal judge held that Power's belief could fall under the protections of the Employment Equality (Religion or Belief) Regulations 2003. In the case below, Judge Peter Russell said:

I am satisfied that the claimant's beliefs that there is life after death and that the dead can be contacted through mediums are worthy of respect in a democratic society and have sufficient cogency, seriousness, cohesion and importance to fall into the category of a philosophical belief for the purpose of the 2003 Regulations.

The judge said that Power would still have to show that his firing was because of his belief, and not because he was inappropriately trying to press his beliefs on others. This case follows a decision last week by the Employment Appeals Tribunal that environmentalist beliefs could be covered by the equality regulations. (See prior posting.)

American Legion Dropped From School Veterans' Day Ceremony Over Prayer

Minnesota's Bloomington School District this year used teams from the Minnesota Army National Guard to present arms and help raise the flag at Veterans' Day ceremonies at 15 district schools. Tuesday's Minneapolis Star-Tribune reported that school officials dropped the American Legion because it insisted that it would participate only if the ceremony included leading students in prayer. Elementary school principal Gail Swor raised questions after the Legion participant last year asked everyone to bow their heads in prayer. The VFW, which had also participated last year dropped, out this year in support of the Legion. The American Legion is also holding back on $25,000 to $30,000 in scholarships that it has traditionally awarded. American Legion Post commander and former Vietnam Army medic Terry Selle defended his position, saying: "We are not trying to push anything on kids or convert them, but we are a Christian-based country and a military based on Christian-based principles. My opinion is that this is another example of America going downhill." [Thanks to Scott Mange for the lead.]

3rd Circuit Rejects Complaint Over Docked Pay For Good Friday

In Miller v. Weinstein, (3d Cir., Nov. 9, 2009), the U.S. 3rd Circuit Court of Appeals rejected a First Amendment claim by a former Allegheny County, Pennsylvania employee. The court held that a reprimand letter and a threat to dock the pay of a Christian employee for her unexcused absence from work on Good Friday did not amount to a substantial burden on the employee's free exercise of religion. The court also concluded that Diane Miller was fired not for observing Good Friday, but for her inflammatory e-mail objecting to the threatened loss of pay for the day.

Gay Anti-Discrimination Ordinance Passes In Salt Lake City With LDS Backing

City Council in Salt Lake City, Utah yesterday unanimously passed ordinances barring discrimination in housing and employment on the basis of sexual orientation or gender identity. (Full text of ordinances.) Yesterday's Salt Lake Tribune reports that passage came after the Church of Jesus Christ of Latter Day Saints announced its support for the ordinances. That support developed out of two months of secret meetings between mid-level LDS leaders and leaders of the gay community in Utah. Negotiations with Utah Pride and Equality Utah began after "kiss in" protests on the Church-owned Main Street Plaza in July over LDS treatment of a gay couple seen kissing on the Plaza. (See prior posting.) The agreement on support is seen as an attempt by the LDS Church to lessen some of the tensions that stemmed from strong Church support for California's Proposition 8. (See prior posting.) At Tuesday's City Council meeting, Michael Otterson, managing director of the LDS Church's Public Affairs, presented the Church's position (full text of remarks), saying in part: " The Church supports this ordinance because it is fair and reasonable and does not do violence to the institution of marriage." [Thanks to Sheldon Gilbert for the lead.]

Cert. Petition Filed In Challenge To Release of Names of Referendum Petition Signers

On Nov. 6, a petition for certiorari (full text) was filed with the U.S. Supreme Court in John Doe #1 v. Ried. In the case, the 9th Circuit overturned a preliminary injunction issued by a Washington federal district court. The injunction barred release of the names of individuals who signed referendum petitions opposing Washington's domestic partnership law. (See prior posting.) The Supreme Court has already reinstated the district court's injunction pending filing and disposition of the petition for cert. (See prior posting.) Yesterday's National Law Journal reported on the filing of the cert. petition. The petition raises the question of whether, in order to respect privacy in political speech, strict scrutiny should be applied to the state's decision to release the signatures under its Public Records Act.

President Urged To Raise Religious Freedom Issues With Chinese Leaders

On Thursday, President Obama leaves on a nine-day trip to Japan, Singapore, China and South Korea. (CNN). Yesterday the U.S. Commission on International Religious Freedom wrote the President (full text of letter) urging him "to raise critical issues of religious freedom" with Chinese leaders. USCIRF wants the President to "seek meetings with prominent human rights defenders and repressed religious leaders, and make a strong public statement about the importance of human rights to the future of U.S.-China relations." According to Voice of America yesterday, the President says he will talk with Chinese leaders about human rights, along with issues of climate change and trade.

President Speaks At Ft. Hood Memorial Service

Yesterday, President Obama and the first Lady traveled to Texas to meet with families of those who were killed and wounded in last week's shooting at Ft. Hood. (White House blog report.) Afterwards, the President spoke at a memorial service at Ft. Hood for the 13 who were killed in the massacre that was apparently carried out by Major Nidal M. Hasan, an Army psychiatrist and a devout Muslim. (Full text of Obama's remarks.) While much of the President's speech focused on the victims, the President's remarks also contained at least two interesting references to religious faith:

It may be hard to comprehend the twisted logic that led to this tragedy. But this much we do know -- no faith justifies these murderous and craven acts; no just and loving God looks upon them with favor. For what he has done, we know that the killer will be met with justice -- in this world, and the next....

As we face these challenges, the stories of those at Fort Hood reaffirm the core values that we are fighting for, and the strength that we must draw upon.... We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes. We're a nation that guarantees the freedom to worship as one chooses. And instead of claiming God for our side, we remember Lincoln’s words, and always pray to be on the side of God.

Church Concerts Enjoined; Leader Says Church of Love and Music Will Move

AP reports that in Fayette County, Pennsylvania, the Church of Universal Love and Music has agreed to a permanent injunction against its holding concerts on its property that is zoned for agricultural purposes. A temporary injunction was issued by a Pennsylvania federal district court in August after a raid turned up drug use by concert goers. (See prior posting.) Church leader William Pritts says he will move his church to another county.

FLDS Leader Sentenced To Ten Years In Prison By Texas Jury

As previously reported, last week a jury in a state court in Texas convicted FLDS Church leader Raymond Jessop of sexually assaulting a 16-year old who he had taken as one of his nine wives. A hearing on sentencing was held on Monday, and yesterday, according to the Salt Lake Tribune, the jury deliberated for six hours before imposing a sentence of ten years in prison and an $8000 fine on Jessop. He will be eligible to be considered for parole after five years. the state had asked the jury to impose a 20 year sentence, while Jessop argued for probation. An FLDS spokesman called the sentence an example of a religious war against FLDS and said the sentencing will now permit an appeal to challenge the entire basis of the state's investigation of the sect's Yearning for Zion Ranch.

South Carolina "I Believe" Plates Ruled Unconstitutional

In Summers v. Adams, (D SC, Nov. 10, 2009), a South Carolina federal district court held that the statute authorizing South Carolina's "I Believe" license plates-- carrying the image of a cross superimposed on a stained glass window-- violates the Establishment Clause. The court summarized its conclusions as follows:

the "I Believe" Act cannot be seen by any reasonable observer either as facilitating expression of a broad diversity of viewpoints ... or as a permissible accommodation to Christians..... Both positions are belied by the facts that the "I Believe" Act (1) authorizes a single plate with a uniquely Christian message, (2) was sponsored and approved solely as the result of governmental action, and (3) presents its message in a manner that is not available except through the legislative approval process (necessary to allow the inclusion of both motto and symbol). ....

The "I Believe" Act had its genesis in Lieutenant Governor Andre Bauer’s desire to do here what had been unsuccessful in the state of Florida–to gain legislative approval of a specialty plate promoting the majority religion: Christianity. Whether motivated by sincerely held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same. The statute is clearly unconstitutional and defense of its implementation has embroiled the state in unnecessary (and expensive) litigation.

While granting a declaratory judgment and awarding attorneys' fees, the court rejected plaintiffs' claim for nominal damages, finding that qualified immunity protects the secretary of state's actions in planning for distribution of the plates. The court had previously issued a preliminary injunction against further advertising, distribution or production of the plates. (See prior posting.) A press release from Americans United, which had filed the case, said that the court's decision put a stop to officials who "want to use religion as a political football." ABP reported on the decision.

White House Faith-Based Office Finally Has A Web Presence

Finally the White House Office of Faith-Based and Neighborhood Partnerships has a presence on the White House website. At the heart of the new web presence is director Joshua DuBois' Partnerships Blog. The site also offers other relevant resources and information, including links to Centers for Faith-Based and Neighborhood partnerships at ten federal departments and agencies. Relevant press releases from the White House Press Office are featured on the OFBNP home page.