Church Wins Settlement In Challenge of School Flyer Distribution Policy

Last week, a settlement was reached in a Florida federal district court case in which a church challenged the Collier County (FL) school board's policy that precluded it from handing out to students flyers about the church's Vacation Bible School. (See prior posting.) The Stipulated Dismissal (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, Nov. 20, 2009), recites that the school board has agreed to give plaintiffs equal access with other community groups to distribute flyers and post information. Also, the school board has amended its flyer distribution policy to eliminate the requirement that flyers relating to religious activities not contain proselytizing messages or overtly advocate support for a religious organization. Alliance Defense Fund on Wednesday issued a release announcing the settlement.

Irish Government Releases Report On Catholic Archdiocese Handling of Abuse Complaints

The Irish government yesterday released a 720-page Commission of Investigation Report (links to full text) that it had received in July. the Report details improper handling of clergy sexual abuse complaints by the Dublin Catholic Archdiocese and by senior police officials from 1975- 2004. According to the New York Times, the Report analyzes 320 complaints against 46 priests. Only eleven of the priests-- those who have been criminally convicted-- were named in the Report. The Report concludes that three Dublin archbishops, from 1940 to 1987, chose not to alert police to abuse cases, but instead moved the offending priests to other parishes. A few priests and lower-level police officials tried, usually unsuccessfully, to pursue some of the cases. When senior police officials learned of problems, they generally handed complaints over to the Archdiocese for investigation. As evidence that the Archdiocese had knowledge of the problem, the report says that in 1987 it negotiated an insurance policy to cover costs it would incur in defending lawsuits and paying compensation claims. The abuse records were not released until in 2004 the Vatican insisted on it.

Human Rights Group Protests Saudi Death Sentence For TV Host Charged With Witchcraft

In a release issued Tuesday, Human Rights Watch called on a Saudi Arabian appellate court to overturn the death sentence imposed on a Lebanese man charged with witchcraft. According to AP, Ali Sabat was arrested by Saudi religious police who spotted him at his hotel in Medina last year while he was on the omra pilgrimage. In Lebanon, many psychics, fortune tellers and astrologers have regular radio and television programs. Sabat is the most popular psychic on the Lebanese satellite TV channel Sheherazade. A lower court in Medina imposed the death sentence on Sabat on Nov. 9. Apparently Sabat, who did not have a lawyer, had confessed because interrogators told him that if he did, he could go home to Lebanon. The case is being appealed to the cassation court in Mecca. Human Rights Watch, reviewing a number of cases in the last few years, more broadly called on the Saudi government to stop using the vaguely defined charge of witchcraft against defendants. Saudi Arabia has no criminal code, and judges are free to define acts thaey deem criminal and impose punishments.

President Issues Proclamation Declaring Thanksgiving Day 2009

Earlier this week, President Barack Obama signed the official Presidential Proclamation declaring today as a "National Day of Thanksgiving." It reads in part:

Today, we recall President George Washington, who proclaimed our first national day of public thanksgiving to be observed "by acknowledging with grateful hearts the many and signal favors of Almighty God," and President Abraham Lincoln, who established our annual Thanksgiving Day to help mend a fractured Nation in the midst of civil war. We also recognize the contributions of Native Americans, who helped the early colonists survive their first harsh winter and continue to strengthen our Nation....

I encourage all the people of the United States to come together, whether in our homes, places of worship, community centers, or any place where family, friends and neighbors may gather, with gratitude for all we have received in the past year; to express appreciation to those whose lives enrich our own; and to share our bounty with others.

Yesterday, in another Thanksgiving tradition, the President announced the "Pardoning of the National Turkey." Later he and his family were to deliver two other turkeys to a D.C. organization that fees the needy.

Rabbis Offer Torah Scrolls As Collateral For Rubashkin's Release on Bail

As previously reported, Sholom Rubashkin, the manager at Agriprocessors' Postville, Iowa kosher meatpacking plant that was raided by federal immigaration authorities in May 2008, was convicted earlier this month on 86 counts charging money laundering and fraud. Seeking Rubashkin's release on bail pending sentencing, Rubashkin's attorneys offered unusual collateral as bond. Not only were his supporters willing to pledge the equity in their homes totally nearly $8 million, but six rabbis offered to pledge sacred Torah scrolls as collateral. (Cedar Rapids Gazette, 11/18). Federal district judge Linda R. Reade was apparently unimpressed. She denied bail, and Rubashkin's attorneys say they will appeal. (Iowa Independent, 11/25).

Meanwhile, last week, at the government's motion, the 72 still-pending immigration-related charges against Rubashkin were dismissed without prejudice. The government concluded that the sentence on the fraud charges is likely to be substantially longer than any sentence for immigration law violations. Some of the fraud charges involved making false statements about harboring illegal aliens. The dismissal conserves prosecutorial resources and lessens inconvenience to witnesses. (Iowa Independent, 11/19). Rubashkin and others still face state charges of violating child labor laws.

"Jews for Jesus" Sue Over Right To Leaflet At Labor Day Festival

Each year on Labor Day weekend in downtown Pontiac, Michigan, Oakland County sponsors its "Arts, Beats & Eats Festival." Yesterday's Oakland Press reports that the local Jews for Jesus congregation (Congregation Shema Yisrael) has filed a lawsuit against the city of Pontiac charging that police last September used threats, intimidation and coercion to prevent them from distributing pamphlets on a sidewalk near the Festival entrance. After the Jews for Jesus members, wearing T-shirts reading "Jesus Made Me Kosher," handed out 2,500 pamphlets on Sunday, police on Monday told them to move a block away because the sponsors of the Festival did not want them to hand out their materials. The suit alleges that police have tried to stop their leafleting for the past three years, and they fear that next year they will again be prevented from freely proselytizing. [Thanks to Brian D. Wassom for the lead.]

Obama Sends Greetings To Hajj Pilgrims As Eid-ul-Adha Approaches

As Muslim pilgrims from around the world, including 20,000 Americans, performed the Hajj, President Barack Obama yesterday issued greetings to them in anticipation of tomorrow's observance of Eid-ul-Adha. His statement read in part:

Michelle and I would like to send our best wishes to all those performing Hajj this year, and to Muslims in America and around the world who are celebrating Eid-ul-Adha. The rituals of Hajj and Eid-ul-Adha both serve as reminders of the shared Abrahamic roots of three of the world’s major religions.

During Hajj, the world’s largest and most diverse gathering, three million Muslims from all walks of life – including thousands of American Muslims – will stand in prayer on Mount Arafat. The following day, Muslims around the world will celebrate Eid-ul-Adha and distribute food to the less fortunate to commemorate Abraham’s willingness to sacrifice his son out of obedience to God.

His statement also pointed to U.S. Saudi Arabian cooperation in preventing the spread of the H1N1 virus during Hajj ceremonies. The President's statement was also made available in Arabic, Persian, Dari, Urdu, Pashto, Russian and French translations.

Brooklyn Neighbors Object To Loud Recorded Church Bells

In the Marine Park neighborhood of Brooklyn, New York, some residents are protesting the decibel level of church bells from St. Thomas Aquinas Church. Your Nabe reported yesterday that the problem began when the church began to use a speaker system to play recorded bell melodies from 9 a.m. to 7 p.m. each day. The city's Department of Environmental Protection says that the city's noise ordinance does not apply to organs, bells and chimes used by houses of worship. (New York City Administrative Code, Sec. 24-217). City Councilman Lew Fidler is trying to mediate the situation, but so far has been unsuccessful. Neighborhood resident Joseph Zelinsky says that the exemption for church bells should not apply here because the noise is caused by loud speakers, not bells.

Court Rejects Attempt To Block Demolition of Catholic Church Building

A state trial court in Galveston, Texas on Tuesday dismissed a lawsuit that had been brought by parishioners of Our Mother of Mercy Church to prevent the Catholic Archdiocese of Galveston-Houston from demolishing the church building. Yesterday's Houston Chronicle reports that while the church building survived Hurricane Ike last year, the Archdiocese decided to close the church as part of a plan to consolidate parishes. (Letter from Archdiocese.) Galveston County district judge John Elisor held that the lawsuit was asking the court to improperly interfere with internal church affairs.

Town Decides To Remove Creche Rather Than Permit Atheist and Other Messages

The Chambersburg, Pennsylvania Borough Council on Monday voted to allow only American flags and flowers on the town's Memorial Square fountain war memorial. The decision means that the Nativity scene that was placed on the Square again this year by the Chambersburg Garden Club must now be taken down. Council's action came after an atheist group sought permission to put up a sign on the Square showing a rising sun over the words "Celebrating Solstice. Honoring Atheist War Veterans." Yesterday's Chambersburg Public Opinion says Council members concluded they would rather have no displays on Memorial Square than permit an influx of competing messages each holiday season. Carl Silverman, director of the mid-state chapter of PA Nonbelievers, said Council's decision reflected discrimination against atheists and other nonbelievers. [Thanks to Scott Mange for the lead.]

UPDATE: The Dec. 4 Harrisburg Patriot-News reports that the Nativity scene has found a new home in front of Central Presbyterian Church, just across the street from the Memorial Square Fountain.

India's Parliament Disturbed Over Commission Report on 1992 Mosque Destruction

According to Time Magazine yesterday, a report delivered in June to India's Prime Minister, and leaked to the press last week, on a 1992 incident in Ayodhya, in the northern state of Uttar Pradesh, has created so much turmoil that both houses of Parliament have had to be adjouned repeatedly over the last two days. At issue is the report by the Liberhan Commission of Enquiry on the 1992 destruction of the Babri Mosque by Hindu extremists who believe the mosque was built on the birthplace of the Hindu god Ram. Politicians had exploited passions by promising to build a Temple to Ram on the site. BJP leaders have always claimed that the attack on the mosque was spontaneous. The new report, however, concludes that the attack was meticulously planned, and approved by senior members of the Hindu nationalist Bhartiya Janata Party (BJP).

3rd Circuit OK's Ban On Religious Holiday Songs At School Concerts

In Stratechuk v. Board of Education, South Orange-Maplewood School District, (3d Cir., Nov. 24, 2009), the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. Holiday music could still be taught in music classes. Also, songs with religious content not specifically related to the holidays at hand could be performed in concerts. The 3d Circuit rejected plaintiff's argument under the Establishment Clause that the policy's purpose and effect is to disapprove of religion. The school argued that its purpose was to prevent governmental endorsement of religious holidays. The Court concluded:

Certainly, those of us who were educated in the public schools remember holiday celebrations replete with Christmas carols, and possibly even Chanukah songs, to which no objection had been raised. Since then, the governing principles have been examined and defined with more particularity. Many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.

The court also rejected plaintiff's claim that the school was unconstitutionally restricting students' access to ideas. Yesterday's Newark Star-Ledger reported on the decision. (See prior related posting.)

Lawsuit Challenges Museum's Cancellation of Pro-Intelligent Design Film

A press release yesterday from the American Freedom Alliance (AFA) reports on a lawsuit it has filed against the California Science Center (CSC). AFA says its free expression rights were infringed when CSC, a state agency, cancelled a scheduled showing in its IMAX Theater of "We Are Born of the Stars"-- a documentary promoting Intelligent Design. The lawsuit alleges that CSC cancelled the film because it did not want the museum to be viewed as legitimizing Intelligent Design as a scientific theory. The complaint alleges that CSC's President, Jeffrey Rudolph, was pressured to cancel the event by colleagues at the Smithsonian Institution, the University of Southern California, the Huntington Library and elsewhere. Yesterday was the 150th anniversary of the publication of Darwin's Origin of the Species, and AFA had planned two films to kick off a series of events exploring competing theories on life's origins.

UPDATE: Here is the full text of the complaint in American Freedom Alliance v. California Science Center, (Cal. Super. Ct., filed 11/19/2009). [Thanks to Willaim Becker.]

White House State Dinner Accommodates Hindu Vegetarianism

Tonight the White House is hosting the first State Dinner of the Obama Presidency, honoring India's prime minister, Dr. Manmohan Singh. (White House Blog.) The carefully created dinner menu takes account of the vegetarian diet practiced by many Hindus. All the courses are vegetarian, except that guests have the option of Green Curry Prawns instead of Roasted Potato Dumplings for the main course. Blog of the Times is covering various aspects of the dinner.

Suit Challenges School's Censorship of Anti-Islam T-Shirts

Yesterday the ACLU of Florida filed a federal lawsuit against the Alachua County (FL) school board challenging the constitutionality of the district's policy of banning students from wearing T-shirts with messages that are "offensive to others." The Gainesville Sun reports that the suit, alleging freedom of expression claims, was filed on behalf of two families that are members of the Dove World Outreach Center. School officials asked the students involved to cover their T-shirts which, on the back, read "Islam is of the Devil." On the front, the T-shirts read: "I stand in truth with Dove World Outreach Center", followed by, "Jesus answered I am the way and the truth and the life; no one goes to the Father except through me."

Some students were told they could not wear the T-shirts at all. Others were only required to cover the message on the back, but not the Christian message on the front. The ACLU says the issue is whether, under the First Amendment, school officials can permit positive messages about faith, religion or other matters, while banning negative messages about those subjects. School officials say they can bar messages that are disruptive to the learning environment, substantially interfere with maintaining discipline at school, or which infringe other students' rights.

Estate of Deceased FLDS Leader Seeks Return of UEP Trust

The complicated and long-running efforts of a Utah state court to reform the $120 million FLDS United Effort Plan Trust (see prior posting) has run into a new complication. AP reported yesterday that attorneys for the estate of Rulon Jeffs-- former leader of the polygamous FLDS Church-- have filed a motion asking the court to return control of the trust to the estate. The court took control of the trust in 2005 after Warren Jeffs, Rulon's son, was charged with mismanaging the property held by the trust. The new motion argues that the property belongs to the Corporation of the President of the FLDS Church, and that the court's prior actions have denied the estate, and the Corporation of the President, due process.

Iran's Largest Paper Shut Down For Publishing Photo of Baha'i Temple

AFP reported yesterday that Iran's Press Supervisory Board has ordered Hamshahri, the country's largest circulation newspaper, closed down because it published a photo on its front page of a Baha'i temple. The photo was part of an ad encouraging tourists to visit the Baha'i shrine. Iran's 300,000 Baha'is have been discriminated against over the years, and the religion is not recognized as a minority religion by Iran. (Background.) However, according to an AP report, Hamshahri, run by the municipality of Tehran, has also been critical of President Mahmoud Ahmadinejad. Tehran's mayor, Mohammad Baqer Qalibaf, is a critic and rival of Ahmadinejad. Over 120 pro-reform newspapers have been ordered closed since 2000.

UPDATE: An Iranian news agency says that courts have lifted the ban on Hamshahri one day after it was imposed. (Fresno Bee, 11/24.)

State Department Official Testifies On Religious Freedom In Middle East

On Nov. 19, a subcommittee of the House Committee on Foreign Affairs held a hearing on The State of Political and Religious Freedom in the Middle East. Michael H. Posner, Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, testified. (Full text of Posner's statement.) He said in part:

We recognize that there are many significant challenges to religious freedom and tolerance in the Middle East and South Asia. Throughout the region religious minorities do not enjoy equal access to education, employment, healthcare, and legal recourse. In some places, blasphemy and apostasy laws inhibit the social contributions of minorities and exacerbate inter-religious tension. In many Muslim-majority countries, minority Muslim sects are marginalized and members of the majority sect are not free to challenge official religious opinions. I want to emphasize that religious freedom is not just a concern for religious minorities; majority communities need space to self-critique and adapt to changing conditions over time.

Reporting on the hearing, the Pakistan Christian Post yesterday said that questions asked of Posner during the hearing demonstrated that the U.S. has not seriously pressured its allies Saudi Arabia and Egypt to comply with international human rights law.

Hannah Rosenthal To Be Named State Department's Special Envoy On Anti-Semitism

JTA reported yesterday that President Obama will name Hannah Rosenthal as the State Department's new Special Envoy to Combat and Monitor Anti-Semitism. Rosenthal served from 2000 to 2005 as executive director of the Jewish Council for Public Affairs. Her appointment was welcomed by the ADL and the JCPA. However, according to JTA, some conservatives criticize her, citing her service on the advisory board of J Street, a new organization that describes itself as the political arm of the pro-Israel, pro-peace movement.

Iraq Gives Added Payment To Mixed Sunni-Shiite Couples Marrying

In Iraq, the country's vice-president, Tariq al-Hashemi, is trying to heal rifts between Shiites and Sunnis by encouraging intermarriage between the two groups. Monday's USA Today says that Hashemi is offering a government gift of $2000 to each mixed couple that marries. About a dozen of these couples will take part in a eremony and celebration on Friday, funded by the government. The mixed couples will receive their $2000 along with government funded wedding clothes and hotel rooms. Some 375 couples from the same sect will also marry in the subsidized group ceremony. They will receive a $750 gift from the government.