European Commission Tells Britian Its Exemption For Church Employees Is Too Broad

Yesterday's London Observer reports that the European Commission has written United Kingdom authorities telling them that in the opinion of EC lawyers, exemptions in Britain's Employment Equality (Sexual Orientation) Regulations 2003 , Sec. 7(3), are broader than permitted by EU directives. EU Council Directive 2000/78/EC permits exceptions to employment discrimination bans only "in very limited circumstances ... where a characteristic related to religion or belief ... constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate." Britain currently exempts religious organizations that discriminate on the basis of sexual orientation, so long as they are doing so to comply with their religious doctrines (or with the strongly held religious convictions of its followers). This exemption is available regardless of the nature of the particular job. The British government has already drafted possible language to bring Britain into compliance with the EU.

Religious Scholar Becomes Effective Regime Opponent In Iran

Today's New York Times reports that Iran's Grand Ayatollah Hossein Ali Montazeri has become one of the most effective critics of the current Iranian regime. Montazeri, the most knowledgeable religious scholar in the country, attacks the government as not Islamic. The ailing cleric in his mid-80's issues stinging criticisms online and elsewhere. In one, he said: "A political system based on force, oppression, changing people’s votes, killing, closure, arresting and using Stalinist and medieval torture, creating repression, censorship of newspapers, interruption of the means of mass communications, jailing the enlightened and the elite of society for false reasons, and forcing them to make false confessions in jail, is condemned and illegitimate." Iran's current religious leader, Ayatollah Ali Khamenei, has only limited religious credentials and thus Montazeri may be able to delegitimize him.

Maldives Considering Ban On Public Worship By Non-Muslims

Maldives parliament, the People's Majlis, is considering a bill to outlaw building of places of worship for non-Muslim religions and to prohibit the practice of other faiths in public. (Minivan News, Nov. 18). The bill will allow non-Muslim foreigners to worship in the privacy of their homes, but they could not invite Maldivians to participate. Violations of the law would carry jail terms of up to five years and fines of up to $4600 (US). Maldives constitution already prohibits non-Muslims from becoming citizens. On Friday, Maldives President Mohamed Nasheed said he would seek advice from religious scholars on whether it is permissible to allow non-Muslims to worship in an Islamic community. (Minivan News.) He says it is clear that under the constitution, laws that are contrary to Islam cannot be enacted. The bill was apparently triggered in part by the government's proposal to create wedding tourism in the country, as well as by inquiries from foreigners about creating houses of worship.

Suit Challenges Closing of 50 Churches By Cleveland Catholic Diocese

A lawsuit has been filed in state court in Akron, Ohio seeking to prevent the Cleveland Catholic Diocese from moving ahead with its plans to close some 50 of its churches in eight counties. The closures and parish mergers are designed to save money and make better use of the Diocese's limited number of priests. According to yesterday's Cleveland Plain Dealer, Nancy McGrath, head of the newly formed group Code Purple, alleges in her lawsuit that under Ohio law, the Bishop needs consent of parishioners to close the churches. She claims that parish property is held in trust for the parish, and argues that consent of the beneficiaries is needed before the trustee can dispose of trust assets. In response, the Diocese argues that Ohio case law makes it clear that the individual members of the parish are not beneficiaries of the trust, and they have no standing to enforce the trust. It also argues that the First Amendment requires civil courts to respect decisions of hierarchical Church authorities in situations such as this.

Last month McGrath was named in a restraining order preventing her and other protesters from taking over a church in Akron scheduled for closure. The Diocese has now worked out a compromise under which protesters can remain in a Church until midnight on the day of its last Mass.

Regulatory Issues Abound In New York Hasidic Village

The Forward last week reported on some of the difficult regulatory enforcement issues faced by the state and surrounding communities in connection with developments in New Square, New York. New Square, whose population is made up almost entirely members of the Skverer Hasidic sect of Orthodox Jews, is a separately incorporated village that is part of the town of Ramapo. New Square controls its own zoning and municipal code.

The most controversial immediate issue is the planned construction of a large kosher poultry slaughterhouse on city land abutting on homes just outside of New Square. The slaughterhouse project has received a $1.62 million grant of state development funds, even though it has not received approval from local planning departments. A smaller slaughterhouse constructed ten years ago already cause various sorts of problems for its neighbors.There has also been a history of non-compliance with state fire codes in the dense housing developments in New Square. The problems are complicated by the insularity of the Hasidic community, whose first language is Yiddish, and its political clout growing out of its ability to get the community to vote as a block for favored candidates. Earlier this month, 100% of New Square's 2075 votes went to one of the two candidates running to head Ramapo's government. The opposing candidate had expressed concern about the slaughterhouse project.

Rhode Island Bishop Tells Patrick Kennedy Not to Receive Communion

Today's Providence (RI) Journal reports that Catholic Diocese of Providence Bishop Thomas J. Tobin has barred U.S. Rep. Patrick J. Kennedy (D-RI) from receiving communion because of Kennedy's views on abortion rights. Kennedy told the newspaper: "The bishop instructed me not to take Communion and said that he has instructed the diocesan priests not to give me Communion." This take the dispute between the two-- that has become public in connection with health care reform proposals-- to a new height. (See prior posting.) Tobin's office declined to comment on any conversation between Tobin and Kennedy, but denied that Tobin had spoken with diocese priests about the matter.

UPDATE: Former New York governor, Mario Cuomo, reacting to Church pressure on Patrick Kennedy, warned that if Church leaders pressure Catholic politicians to follow Church teaching in their political roles, this may well lead to people being hesitant to vote for Catholics. According to AP on Sunday, Cuomo said in part: "The American people need no course in philosophy or political science or church history to know that God should not be made into a celestial party chairman."

UPDATE2: Bishop Thomas J. Tobin issued a statement (11/22) in response to Rep. Kennedy's remarks. He says he wrote Kennedy in Feb. 2007 asking that he refrain from receiving Holy Communion in light of his consistent actions in opposition to Church teachings. The letter said that Tobin was writing Kennedy "personally and confidentially as a pastor addressing a member of his flock." Tobin says he is disappointed that Kennedy has now made this public.

2nd Circuit Says EEOC Can Subpoena Company's Nationwide Records

In Equal Employment Opportunity Commission v. United Parcel Service, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that the district court should enforce a subpoena issued by the EEOC seeking information on how religious exemptions from UPS's Uniform and Personal Appearance Guidelines are handled nationwide. The appeals court concluded that the district court had applied too restrictive a concept of relevance in refusing to enforce the subpoena in connection with the Commission's investigation of a case in Buffalo and one in Dallas involving Muslims who wanted for religious reasons to wear beards. [Thanks to Steven H. Sholk for the lead.]

9th Circuit Won't Enjoin Church Sign Regulations, But Remands For Further Consideration

In Reed v. Town of Gilbert, Arizona, (9th Cir., Nov. 20, 2009), the U.S. 9th Circuit Court of Appeals held that a town's limitations on temporary directional signs are a content-neutral regulation that does not impermissibly favor commercial speech over noncommercial speech. It therefore affirmed the lower court's denial of a preliminary injunction to the Good News Presbyterian Church which claimed its First Amendment and Equal Protection rights were violated by the regulation. The church uses temporary signs to inform the public of the location of its Sunday services, held in an elementary school. However the court remanded the case for the district court to consider whether the regulation unconstitutionally favors some noncommercial speech over other noncommercial speech. Yesterday's Arizona Republic reported on the decision. (See prior related posting.)

New York High Court OK's State Employee Benefits To Same-Sex Spouses

In Godfrey v. Spano, (NY Ct. App., Nov. 19, 2009), New York's high court held that state civil service officials had authority to recognize, for purposes of employee health and other benefits, same-sex marriages validly performed in other states. The court pointed to the broad statutory authority given to the Civil Service Commission to determine who should obtain benefit coverage. Three concurring judges would have gone further and held that same-sex marriages, valid where performed, are entitled to full recognition under New York law. Friday's New York Times reported on the decision. [Thanks to Y.Y. Landa for the lead.]

IRS Schedules Hearing On Changes For Authorizing Church Tax Examinations

The Internal Revenue Service announced this week (Federal Register) that it is scheduling a public hearing for Jan. 10, 2010 on proposed amendments to clarify clarify which high level Treasury official has authority to authorize commencement of a church tax inquiry. (See prior related posting.) Those who have previously submitted written comments who wish to also make an oral presentation at the hearing must submit an outline by Dec. 9.

Indiana Christian TV Station Produces Program on Faith and the Law

A press release today on Christian Newswire reports on a new television program produced by an Indianapolis, Indiana television station. Each Wednesday at noon, WHMB-TV broadcasts "Faith and the Law." According to the press release, the program (which began October 7) "provides information on the attack on our religious freedom and encourages all Christians to stand up and fight back." The program's host is lawyer Timothy A. Rowe.

Ohio Supreme Court: Regional Church Offices Are Not Tax Exempt

In Church of God in Northern Ohio v. Levin, (OH Sup. Ct., Nov. 18, 2009), the Ohio Supreme Court in a 4-3 decision held that property used only as the regional administrative headquarters of a denomination's local churches is not tax exempt. Property primarily used to support public worship that is conducted at other locations by local congregations is not exempt either as property used exclusively for public worship nor as property used exclusively for charitable purposes. According to the majority, public worship by itself is not a "charitable activity."

The dissenters argued that the headquarters were exempt as property used exclusively for a charitable purpose because it plays an integral role in the public worship and outreach programs of local churches.

New Catholic, Evangelical Declaration Reaffirms Pro-Life, Traditional Marriage Agenda

This afternoon, a coalition of 149 pro-life, Catholic, evangelical and Orthodox Christian leaders signed the 4700-word Manhattan Declaration, pledging to defend their pro-life views and their opposition to same-sex marriage. (LifeNews.) The Declaration says in part:

While the whole scope of Christian moral concern, including a special concern for the poor and vulnerable, claims our attention, we are especially troubled that in our nation today the lives of the unborn, the disabled, and the elderly are severely threatened; that the institution of marriage, already buffeted by promiscuity, infidelity and divorce, is in jeopardy of being redefined to accommodate fashionable ideologies; that freedom of religion and the rights of conscience are gravely jeopardized by those who would use the instruments of coercion to compel persons of faith to compromise their deepest convictions.

.... We are Christians who have joined together across historic lines of ecclesial differences to affirm our right—and, more importantly, to embrace our obligation—to speak and act in defense of these truths.... Because we honor justice and the common good, we will not comply with any edict that purports to compel our institutions to participate in abortions, embryo-destructive research, assisted suicide and euthanasia, or any other anti-life act; nor will we bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent, or refrain from proclaiming the truth, as we know it, about morality and immorality and marriage and the family. We will fully and ungrudgingly render to Caesar what is Caesar’s. But under no circumstances will we render to Caesar what is God’s.

Today's New York Times reporting on the Declaration says that the document, written by Prison Fellowship founder Charles Colson, "is an effort to rejuvenate the political alliance of conservative Catholics and evangelicals that dominated the religious debate during the [Bush] administration.... They want to signal to the Obama administration and to Congress that they are still a formidable force that will not compromise on abortion, stem-cell research or gay marriage." [Thanks to Ira "Chip" Lupu for the lead.]

Award By Rabbinical Court Vacated Over Limit on Party's Choice of Attorney

In Kahan v. Rosner, (NY Sup. Ct., Nov. 16, 2009), a New York trial court vacated an arbitration award in a dispute between siblings over property originally owned by their father. The award was issued by a Rabbinical Court which refused to permit one of the parties to be represented by the attorney of his choice. The parties had signed a waiver providing that they would use only Rabbinical counsel acceptable to the Rabbinical court. However the state civil court held that the right to have an attorney at an arbitration proceeding is unwaivable, and the Rabbinical court had given no reason why the objecting party could not be represented by the attorney ("toayn") he had selected. [Thanks to Y.Y. Landa for the lead.]

Ban On Transfer of Funds To Iraq Does Not Infringe Charity's Free Exercise

In United States v. Islamic American Relief Agency, 2009 U.S. Dist. LEXIS 107541 (WD MO, Nov. 18, 2009), a Missouri federal district court rejected defendants' argument that their indictment for illegally transferring funds to Iraq violates the Religious Freedom Restoration Act. Defendants were charged under the International Emergency Economic Powers Act and the Iraqi Sanctions Regulations. Defendants contend that, along with IARA's donors, they "shared the common purpose of fulfilling the obligations of all Muslim's of zakat" --the duty to give charity to the destitute. The court concluded that even if the restrictions imposed a substantial burden on defendants' free exercise, the government had a compelling interest in imposing the restrictions and use the least restrictive means of accomplishing them.

Individual Congregations Seek To Intervene In Fort Worth Episcopal Diocese Case

Virtue Online reported yesterday that 47 parishes and missions of the Episcopal Diocese of Fort Worth (TX) have filed an Original Plea in Intervention (full text) in the lawsuit between The Episcopal Church and the break-away Diocese of Fort Worth. The intervenors seek a declaratory judgment that "in accordance with the Constitution and Canons of the Episcopal Diocese of Fort Worth, the title to the real property being occupied and subject to the control of Intervening Congregations is held by the Corporation of the Episcopal Diocese of Fort Worth in trust for the use and benefit of each Intervening Congregation." (See prior related posting.)

Groups Challenge Use of Church for Graduation Ceremonies

The ACLU and Americans United are threatening to file a lawsuit to stop Enfield, Connecticut high schools from holding their graduation ceremonies in Bloomfield, Connecticut's First Cathedral. (Press release.) The letter (full text) says in part:

We ... understand that when the Board first approved using the Cathedral for graduations, it was told that the religious items in the Cathedral would be covered for graduations. In fact, this never occurred; indeed, ... religious symbolism is inherent in virtually every aspect of the Cathedral, and so secularizing the facility for school events would not appear to be possible....

[T]hat the Enfield Schools may have secular reasons for using the Cathedral (such as the price or the physical amenities of the facility) does not render such use constitutional. The Establishment Clause not only prohibits conduct that has a religious purpose, but also conduct that has a religious effect, such as religious coercion, endorsement, or delegation.... Second, the placement of a disclaimer on school graduation programs cannot cure the constitutional violations. A disclaimer does nothing to prevent or remedy coercive imposition of religion upon students and family members at a graduation ceremony, as we have here.

The ACLU filed a similar objection in 2006 when the use of the Cathedral began. (See prior posting.)

Defendant Sentenced For Cyber Attack On Scientology Websites

According to a press release yesterday from the Church of Scientology, a New Jersey federal district court has sentenced Dmitriy Guzner for his part in a cyber attack on Scientology websites last January. Nineteen year old Guzner who, in May, plead guilty to one count of computer hacking, was given a sentence of 366 days in prison, 2 years probation and ordered to pay restitution of $37,500. Guzner carried out the distributed denial of service attack along with other members of the anti-Scientology group, Anonymous.

University Settles With Woman Fired For Being A Witch

In Lincoln, Nebraska, a woman, identified only as Jane Doe, has settled an employment discrimination lawsuit she filed against the University of Nebraska. The woman alleges that she was removed as director of a youth program when the University discovered that she was a witch. (See prior posting.) Yesterday's Lincoln (NE) Journal-Star reports that the Nebraska Equal Opportunity Commission had found reasonable cause to believe that religious discrimination had occurred. Plaintiff settled for $40,000, of which $10,000 will go for attorneys' fees.

Appeal Filed Seeking Acceptance of D.C. Marriage Initiative Petition

Having lost in their attempt to obtain a referendum (see prior posting), opponents of Washington, D.C.'s new law recognizing same-sex marriages performed elsewhere filed an initiative petition in September. The Marriage Initiative would provide that only a marriage between a man and a woman would be recognized in D.C. In an order issued on Tuesday, In Re: Marriage Initiative of 2009, (DC Bd. Elec. & Ethics, Nov. 17, 2009), the D.C. Board of Elections and Ethics ruled that because the initiative would violate the D.C. Human Rights Act, under D.C.'s Initiative, Referendum and Recall Procedures Act it was required to reject the initiative petition.

Yesterday, several proponents of the initiative filed suit seeking court review of the Election Board's ruling. The complaint (full text) in Jackson v. District of Columbia Board of Elections and Ethics, (DC Super. Ct., filed 11/18/2009), challenges the restriction in D.C. law that precludes using the initiative for any measure that would authorize discrimination in violation of the Human Rights Act. It also argues that the Initiative does not violate the HRA. Alliance Defense Fund issued a release announcing that the appeal had been filed.