Intervention Denied In Case Challenging Parsonage Allowance

In Freedom from Religion Foundation v. Geithner, 2009 U.S. Dist. LEXIS 111776 (ED CA, Dec. 2, 2009), a California federal district court refused to permit a pastor to intervene in FFRF's Establishment Clause challenge to the parsonage allowance provisions in the federal and California tax laws. (See prior posting.) The pastor failed to show that the government will inadequately represent his interests in defending the challenge to the tax code provisions that exclude from income the value of housing (or housing allowances) furnished to "ministers of the gospel." The court however did grant the pastor's motion for leave to file an amicus brief.

Obama Lights National Christmas Tree

President Obama and his family last night lit the National Christmas Tree-- a 40 foot Colorado blue spruce growing on the Ellipse just south of the White House. AP reports on the ceremony which featured celebrity entertainers, Santa and Mrs. Claus, and Michelle Obama reading The Night Before Christmas to a group of children. In his remarks (full text), President Obama said in part:

Tonight, we celebrate a story that is as beautiful as it is simple. The story of a child born far from home to parents guided only by faith, but who would ultimately spread a message that has endured for more than 2,000 years -- that no matter who we are or where we are from, we are each called to love one another as brother and sister.

While this story may be a Christian one, its lesson is universal. It speaks to the hope we share as a people. And it represents a tradition that we celebrate as a country -- a tradition that has come to represent more than any one holiday or religion, but a season of brotherhood and generosity to our fellow citizens.

9th Circuit Grants Indian Tribes Preliminary Injunction Against Mt. Tebo Mining Project

In South Fork Bank Council of Western Shoshone of Nevada v. U.S. Department of the Interior, (9th Cir., Dec. 3, 2009), a group of Indian tribes sought a preliminary injunction to stop Barrick Gold Corp.'s open pit gold mining project on Nevada's Mt. Tebo. The mountain is a religious site for the tribes. The district court denied a preliminary injunction. (See prior posting.) On appeal the tribes did not challenge the district court's rejection of their claim under the Religious Freedom Restoration Act. The tribes would continue to have access to the areas that had the most religious significance to them. However the tribes did appeal the denial of relief for alleged violations of the Federal Land Policy Management Act (FLMPA) and the National Environmental Policy Act (NEPA).

The court of appeals agreed with the district court that the executive branch had complied with an Executive Order issued under the FLPMA requiring accommodation of tribal access and ceremonial use of sacred sites and barring physical damage to the sites. However the court of appeals agreed with the tribes that the government had violated NEPA. It ordered entry of a preliminary injunction because, in its environmental impact statement, the Bureau of Land Management had not adequately studied the serious effects of processing refractory ore and exhausting scarce water resources. AP reports on the decision.

State TV In Iran Bans Make-Up For Women

ProductionME reported yesterday that Ezatollah Zarghami, head of Iran's state television, has ordered that women appearing on television will not be permitted to wear make-up. Saying that make-up is against Islamic Sharia law, Zarghami told producers to be vigilant. He also said that programs use excessive music and urged his staff to "refine" their music.

Bridgeport Diocese Releases Priest Sexual Abuse Records

On Tuesday, the Roman Catholic Diocese of Bridgeport (CT) announced that it had complied with the heavily contested court order requiring it to release previously sealed documents relating to 23 now-settled sexual abuse lawsuits against seven priests. Four newspapers had sought release of the documents. Both the Hartford Courant and the New York Times summarized some of the 12,000 pages of memos, records and testimony, focusing particularly on depositions by then-Bishop Edward Eagan. The Harford Courant, which has links to the full text of a number of the documents, says: "the Bishop showed little compassion for the alleged victims and instead argued with attorneys that only a 'remarkably small number' of priests have ever been accused of wrongdoing."

Church Challenge To Zoning Enforcement Not Barred By Claim Preclusion

In McGuire v. Clackamas County Counsel, 2009 U.S. Dist. LEXIS 111390 (D OR, Nov. 24, 2009), an Oregon federal district court rejected a magistrate's findings that "claim preclusion" required dismissal of claims by the pastor-founders of a local church alleging that application of local zoning ordinances violated their free exercise of religion. The federal magistrate judge's recommendations, with additional background, are at McGuire v. Ciecko, 2009 U.S. Dist. LEXIS 111127 ( D OR, Oct. 26, 2009). The suit also alleged that the local prosecutor in the earlier case seeking zoning enforcement had defamed plaintiffs by attacking their motives for forming a church. The district court accepted the magistrate's recommendation that this claim against the prosecutor be dismissed on immunity grounds, but referred the case back for the magistrate to rule on whether the immunity defense applied to other defendants in the case as well.

FLDS Church Asks Court To Replace Special Fiduciary

Yesterday the FLDS Church took yet another step in opposing long-running efforts by a Utah state court to reform the $120 million United Effort Plan Trust which holds land that before 2005 had been controlled communally by leaders of the polygamous FLDS Church. (See prior posting.) Salt Lake Tribune reports that a motion was filed yesterday by the corporation of the president of the FLDS church and the estate of Rulon T. Jeffs, the sect's former president, seeking removal of Bruce R. Wisan as the court-appointed special fiduciary. The motion, seeking appointment of someone else as fiduciary, claims that Wisan has failed to protect trust property and is biased against FLDS members. The motion also argues that Wisan has developed a conflict of interest: "While the interests of trust beneficiaries strongly favor keeping the property to the trust intact, the interests of Mr. Wisan and his lawyers now favor liquidation in order to pay their very substantial fees." This follows a motion filed last month by the estate of Rulon Jeffs seeking return of the UEP trust to Jeffs estate. (See prior posting.)

British Tribunal Says Counselor Can Be Fired For Refusing To Counsel Gay Couples

In McFarlane v. Relate Avon Ltd., (EAT, Nov. 30, 2009), Britain's Employment Appeal Tribunal rejected claims by a counselor employed by a relationship counseling service that his dismissal violated Britain's Employment Equality (Religion or Belief) Regulations. The counseling service dismissed Gary McFarlane after he refused to counsel same-sex couples on psycho-sexual issues. McFarlane argued that his Christian religious beliefs precluded him from undertaking counseling services that endorsed same-sex sexual relations. The Tribunal concluded that it is legitimate for the counseling service to require all its employees to adhere to its fundamental pledge that it will not deny counselling services to a client merely because of disapproval of the client's conduct. Charisma News reported on the decision yesterday.

New York Senate Defeats Same-Sex Marriage Bill; DC Bill Moves Ahead

Yesterday the New York State Senate, by a vote of 24-38, defeated a bill that would have permitted same-sex marriage in the state. The bill, strongly supported by Gov. David Patterson, had already passed the state Assembly. AP reports that the bill lost by a wider margin than had been expected. The New York Daily News has details of the roll-call vote. The Senate debate included references to religion and the Bible by those on both sides of the issue. (Baptist Press.) After the vote, the New York State Catholic Conference issued a statement saying that the bishops are "pleased and grateful" that the Senate "rejected the concept that marriage can be anything other than a union between one man and one woman."

Meanwhile, Washington, D.C.'s city council, by a vote of 11-2, gave tentative approval on Tuesday to the Religious Freedom and Civil Marriage Equality Amendment Act of 2009. The Washington Times reports that a final Council vote is scheduled for December 15 on the bill that would authorize same-sex marriage in the District. Then Congress would have 30 days to review the law and disapprove it. (See prior related posting.)

5th Circuit OK's School Rules on Student Distribution of Materials

In Morgan v. Plano Independent School District, (5th Cir., Dec. 1, 2009), the U.S. 5th Circuit Court of Appeals found that rules adopted in 2005 by a Texas school district restricting student distribution of written materials are constitutional, at least on their face. The lawsuit was filed when students, under a 2004 version of school rules, were prohibited from distributing religious themed pencils and candy canes, as well as tickets to church musical and drama programs. Under the modified rules adopted in 2005, students can distribute materials before and after school and at recess, at 3 annual parties and during school hours from designated tables. Middle and high school students can also distribute materials in halls and cafeterias during non-instructional times. The court concluded that these are reasonable, content-neutral restrictions aimed at providing a focused learning environment. They are narrowly tailored and leave open sufficient alternate channels of communication. The court, however, remanded to the district court the issue of whether the 2004 restrictions were constitutional, saying that plaintiffs' request for nominal damages prevents that challenge from being moot. AP yesterday reported on the decision.

Arkansas Appellate Court Upholds Removal of Children From Alamo Compound

The Arkansas Court of Appeals on Nov. 18 decided three cases involving children who were taken into emergency custody by the Arkansas Department of Human Services from the Tony Alamo Christian Ministries compound in Fouke, Arkansas. (See prior posting.) In all three cases the court affirmed the trial courts' determinations that the children were in a potentially dangerous situation in the compound which was raided last September, and therefore were properly found to be dependent-neglected. The cases are Seago v. Arkansas Department of Human Services, Broderick v. Arkansas Department of Human Services, and Reid v. Arkansas Department of Human Services.

National Mock Trial Championship Changes Rules To Allow Religious Accommodation

After extensive controversy both in 2007 and last year, the National High School Mock Trial Championship has changed its rules to permit teams to request schedule adjustments for religious reasons. The new Policy on Competition Schedule Accommodation for Religious Reasons applies when arguments scheduled for Friday or Saturday conflict with "firmly held religious beliefs and practices of any of the members of a registered team’s official competition roster." The first round for any accommodate team will be held on Thursday evening before the official Friday/Saturday schedule begins. The policy warns that: "All competing teams should be aware that 'modified schedule rounds' may impact to some degree the accuracy of the final rankings of teams participating in the competition." JTA yesterday reported on the change that was announced last week by the Mock Trial Championship organizers. [Thanks to Jack E. Shattuck for the lead.]

Appellate Court Upholds Refusal To Order Divorced Father To Take Childern To Church

In Finnerty v. Cutter, (IN Ct. App., Nov. 30, 2009), an Indiana appellate court rejected a divorced mother's claim that a trial court had abused its discretion in failing to order her former husband to take their children to church on Sundays during his parenting time. The parents had joint custody, with the mother being the primary residential custodian. Originally the father's week end parenting time ended Sunday afternoon. This allowed the mother to take the children to Catholic mass in the evening. The father petitioned for a modification that would allow him to take the children to dinner on Sundays with extended family. In giving the father longer parenting time on alternative weekends, the trial court ruled that church attendance during the father's parenting time was his prerogative. However it recommended (but did not require) that the children continue to attend church if it has been their practice to do so in the past.

German High Court Says Berlin Went Too Far In Sunday Store Openings

Germany's Federal Constitutional Court yesterday ruled that the city of Berlin had gone too far in permitting stores to be open on ten Sundays per year, including the four Sundays before Christmas. According to The Local, the justices cited the so-called Church Article of the 1919 Weimar Constitution that provides Sundays are to remain protected as days of rest and spiritual improvement. In the constitutional challenge that was brought by Protestant and Catholic churches, the court ruled that Berlin may allow stores to open on a few Sundays each year when the city government deems it in the public interest. However after this year it may no longer permit them to remain open all four Sundays before Christmas. Here is the full text of the high court's decision in German.

Swiss Peoples Party Looking Toward More Restrictions On Muslims

After winning a surprising victory this week on its initiative to ban building of minarets in Switzerland, the right wing Swiss People's Party (SVP) is planning to press for other restrictions. According to Islam Online yesterday, SVP member of Parliament Adrian Amstutz says: "Forced marriages, female circumcision, special dispensation from swimming lessons and the burka are top of the list." Meanwhile SVP leader Toni Brunner said his party would seek a ban on the hijab.

Ohio Social Worker Files Case-Management Plan for Rifqa Bary

An AP report yesterday gave an update on the status of Rifqa Bary, the Ohio teenager who fled from her Muslim family to Florida after she converted to Christianity, saying she was afraid her father would kill her. Florida courts eventually returned her to the custody of courts in Ohio, where she was placed in foster care. (See prior posting.) Now a Franklin County, Ohio Children's Services Board caseworker has filed a case-management plan that calls for Rifqa and her family to discuss their views of religion with each other as a first step toward reunification. However Rifqa refuses to have any contact with her parents or her brothers. The plan alternatively calls for locating other relatives or non-relatives with whom Rifqa could be placed if reunification with her parents is impossible. Next August 10 all of this becomes moot because Rifqa turns 18 and can leave foster care to be on her own.

Jewish Group Withdraws Trademark Suit Against Gas Chain After Settlement

The Gary (IN) Post-Tribune reported yesterday that the Union of Orthodox Jewish Congregations of America (OU) has withdrawn a trademark infringement suit that it had filed in Indiana federal district court against Luke Oil Co. The OU reached an agreement with Luke Oil that the service station chain would stop using a logo-- a U inside a circle next to the name Luke-- on cups and on walls above food inside its convenience stores. The OU logo is owned by the Orthodox Union and is used on food products it certifies as meeting Jewish kosher dietary laws. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Suit Charges Airport Service Company With Religious Discrimination

A federal lawsuit filed yesterday in Indianapolis, Indiana charges Air Serv Corp. with employment discrimination after it refused to hire a Sikh man who applied for a position as a shuttle bus driver. According to the complaint (full text) in Singh v. Air Serv Corporation, (SD IN, filed 12/1/2009), the company told Inderjit Singh that corporate policy prohibited his wearing a beard or a turban. The EEOC has issued a right to sue letter in the case, concluding that there was reason to believe that there had been violations of Title VII of the 1964 Civil Rights Act. A press release from Public Justice announced the filing of the lawsuit.

Chelsea Clinton's Engagement Is Commentary on Interfaith Relations In the U.S.

Chelsea Clinton, daughter of former President Bill Clinton and Secretary of State Hillary Clinton, is engaged to Marc Mezvinsky whose father and mother were both members of the U.S. House of Representatives. It is an interesting commentary on religion in contemporary United States that the interfaith nature of the upcoming marriage is receiving only minimal coverage. The Philadelphia Inquirer points out that Clinton grew up attending the United Methodist Church with her mother, while Mezvinsky is Jewish. JTA says that in September, Clinton attended Yom Kippur services with Mezvinsky at the Jewish Theological Seminary in New York where they both live. The couple announced their engagement on Friday through a mass e-mail to family and friends. Benjamin Carlson, writing at The Atlantic Wire, lists "religious negotiation" as the last item on his list of "5 Things to Watch for in Chelsea Clinton's Wedding."

Renaming of "Christmas Parade" Is Short-Lived

Today's Merced (CA) Sun-Star chronicles a short battle in this year's "Christmas wars." The Christmas Parade which had been sponsored for 15 years by a private group was turned over to the city after the usual organizers ran out of energy to put on the event. City staff quietly renamed the event the "Holiday Parade" in order to be more inclusive and avoid lawsuits. However enough residents complained about the name change that the city went back to "Christmas Parade." Apparently not everyone learned that the city relented. A few days after the city's move back to the original name, it received a letter from Alliance Defense Fund arguing: "It's ridiculous that the people of Merced have to think twice about whether it's OK to have a 'Christmas' parade. An overwhelming majority of Americans celebrate Christmas and are opposed to any kind of censorship of Christmas." The parade will be held on Saturday. Its theme is "Sand, Surf & Santa," and floats can be decorated to reflect any religion.