Developments On Vatican Treaties With Israel, Brazil

Asia News reports on Thursday's meeting of Bilateral Permanent Working Group between the Holy See and the State of Israel. The talks over implementation of the 1993 Fundamental Agreement between the Vatican and Israel are dealing with issues of Church property and taxation. Progress is slow because of the complexity of the matters, but the atmosphere of Thursday's talks in the Vatican were described as friendly, with dates for further meetings at the plenary and working levels announced.

Meanwhile the Concordat between the Holy See and Brazil signed last year entered into force on Thursday with a formal ratification ceremony in the Vatican. Zenit reports that that the agreement (full text) provides for religious education in public schools; provides tax exemptions for religious institutions; recognizes ecclesiastical decisions on issues of marriage; and recognizes ecclesiastical academic titles.

Catholic Bishops Say Clergy Exemptions In Britain's Proposed Equality Bill Are Too Narrow

On December 15, Britain's House of Lords is scheduled to debate the proposed Equality Bill that has already passed the House of Commons. The Bill is designed to consolidate into a single statute the various anti-discrimination laws that Britain has enacted. (Background.) Britain's Catholic Herald and the Boston Pilot both report on the briefing for Catholic members of the House of Lords prepared by the Catholic Bishops of England and Wales who are concerned that the employment discrimination exemptions for clergy are too narrow. The bill provides an exemption from ban on employment discrimination on the basis of sex, marital status or sexual orientation for individuals whose "employment mainly involves" either "leading or assisting in the observance of liturgical or ritualistic practices of the religion," or "promoting or explaining the doctrine of the religion (whether to followers of the religion or to others)." (Schedule 9, Sec. 2(8)).

The bishops say that many priests do not spend 51% of their time in these two activities. Instead they may be involved for much of their time in pastoral work, private prayer and study or administration and building maintenance. They say the bill may well make it unlawful for the Church to require that a Catholic priest be male, unmarried or not in a same-sex civil partnership, since no priest would be able to demonstrate that he spends most of his time leading worship or explaining doctrine. Last week the House of Commons defeated a proposed amendment that would have allowed religious organizations to hire only people whose conduct was consistent with the Bible's teachings. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Dutch Muslim Lawyer Cleared of Contempt For Refusing To Stand, Wearing Hat

In the Netherlands, the appeals chamber of the Bar Association's disciplinary council has acquitted Muslim lawyer Mohammed Enait on three contempt of court charges. NIS today reports that one charge involved Enait's refusal to rise, as is customary, when the judge enters the courtroom. Enait says that his Muslim religion teaches that everyone is equal, and rising would mean he is subservient. He was also charged because he wears an Islamic head covering in court, and because of comments he made about a judge during a TV talk show.

ACLU Challenges Illinois' Increase In Lobbyist Registration Fees, Including Church Exemption

The ACLU announced yesterday that it has filed a federal lawsuit in Illinois seeking to block the January 1 increase in fees for registering as a lobbyist for a non-profit organization under the Illinois Lobbyist Registration Act. The complaint (full text) in ACLU of Illinois v. White, (ND IL, filed 12/11/2009) sets out two challenges to the increased fees. First it alleges that the portion of the registration fee diverted to the Illinois General Fund and other amounts in excess of the cost of administering the statute are an unconstitutional tax on speech. Second it claims that the exemptions in the law for media lobbyists and lobbyists for churches and religious organizations amount to speaker-based discrimination.

Hanukkah Greetings, Party Plans From the White House

The White House today released a statement (full text) from the President sending warmest wishes from him and Michelle to all who are celebrating Hanukkah. The statement says in part:

Hanukkah is not only a time to celebrate the faith and customs of the Jewish people, but for people of all faiths to celebrate the common aspirations we share.

The White House also released a Hebrew translation of the President's statement. Hanukkah begins at sundown today and is celebrated for eight days.

Meanwhile the New York Times yesterday reported on the kerfuffle surrounding plans for this year's White House Hanukkah party. Rumors began circulating, first in the Israeli press and then in the U.S., that President Obama had cut the number of invitees from the Bush administration's 800 down to 400. Apparently the reality is that the Bush White House invited 600 to its last Hanukkah party, while Obama is inviting 550. Eyebrows were also raised over the invitations sent out by the White House. They invited their recipients to "a holiday reception" on Dec. 16, without mentioning Hanukkah. Meanwhile, the Forward last week carried an interesting history of Hanukkah (or its absence) at the White House through various presidencies.

Defamation Counterclaims By Charter School Against ACLU Dismissed

In ACLU of Minnesota v. Tarek Ibn Ziyad Acadamy, 2009 U.S. Dist. LEXIS 114738 (D MN, Dec. 9, 2009), a Minnesota federal district court dismissed counterclaims for defamation and tortious interference with contract brought by the sponsor of a charter school against the ACLU that was suing it alleging Establishment Clause violations. The counterclaims were based on statements made by the ACLU's executive director, who repeatedly insisted that the Academy was using taxpayer dollars to operate a sectarian Muslim school. The court held that the body of law holding that government bodies may not sue for defamation applies to a publicly funded charter school. Even if this were not the case, TIZA as a public school would be subject to the requirement to show actual malice to recover for defamation. It has not alleged facts to support such a finding. Finally the court concluded that the tortious interference claims were dependent on the allegations of defamation, and should also be dismissed. Today's Minneapolis Star-Tribune reports on the decision.

Opening Grounds To Displays Gives County Problems On How To Choose

In Leesburg, Virginia, earlier this year the Courts Grounds and Facilities Committee banned all displays on courthouse property this year. However after a request to put a Christmas tree on the courthouse lawn, the Board of Supervisors last week voted to overturn the ban on displays. Now the county finds itself faced with requests to allow seven different displays, including a nativity scene, an interfaith display, a sign honoring the solstice and, most troubling to county officials, a suggestive parody of the Twelve Days of Christmas. Leesburg Today reported on Thursday that the county Board of Supervisors was scheduled to meet yesterday afternoon to create rules to help county staff decide which displays to permit.

Hanukkah Begins Tonight; Chabad Public Menorah Displays Grow

The Jewish festival of Hanukkah begins this evening. A press release yesterday from Chabad Lubavitch traces the largely successful 21-year campaign by Chabad to put up large Hanukkah menorahs on public property. The 1989 U.S. Supreme Court decision in County of Allegheny v. ACLU upheld a menorah display in downtown Pittsburgh against an Establishment Clause challenge, largely because it was combined with displays of a Christmas tree and a sign saluting liberty. This paved the way for today's situation summed up by Chabad: "From Montana to Mumbai, from the Western Wall to the Great Wall of China, Chabad’s public menorah lightings number in the thousands." Chabad spokesman Rabbi Yehuda Krinsky says that resistance to public displays of the menorah are diminishing, adding that "after all is said and done, the menorah is a universal symbol of freedom and independence which totally conforms with the American ideal."

Lawsuit Charges Indiana Lawyer Assistance Program With Religious Bias

The ArchAngel Institute is a Christian pro-life organization. Its Executive Director, Bryan Brown, a member of the Kansas bar since 1996, was denied admission to the Indiana bar in 2008 after psychological and psychiatric examinations ordered by the Indiana Board of Law Examiners and the Judges and Lawyers Assistance Program (JLAP). Brown this week filed suit in federal district court in Indiana challenging the operations of JLAP. The examinations they ordered resulted in findings that Brown suffered from a sub-clinical bipolar disorder, or from a personality disorder. The complaint (full text) in Brown v. Bowman, (ND IN, filed 12/8/2009) was filed pro se and in 265 paragraphs chronicles his view that he was the victim of collusion, bias and invidious discrimination. He argues that JLAP and its experts targeted his pro-life beliefs that grow out of his traditional Christian worldview and his constitutional, conservative political perspective. The complaint asserts 26 federal and state constitutional and statutory violations.

Describing the underlyinig facts on the ArchAngel Institute's website, Brown commented that he"was remanded from the Indiana Board of Law Examiners into the Judges and Lawyers Assistance Program on January 25, 2008 (the Feast day of St. Paul) and subjected to that agency’s machinations until they remanded him back to the Indiana Board of Law Examiners on January 22, 2009 (the anniversary of Roe v. Wade)." A column in yesterday's Ft. Wayne (IN) News-Sentinel examines the case.

Group Complains About City's Favoritism of Salvation Army

Each year, the city of Meriden, Connecticut sponsors the Festival of Silver Lights in Hubbard Park. From Thanksgiving until the week after New years, the Festival features over 300 lighted displays. For the past two years, each night a different local charity was allowed to collect donations. This year, however, according to Wednesday's Meriden Record Journal, the Salvation Army has been given the exclusive right, throughout the Festival, to solicit funds. The Connecticut ACLU has objected, arguing that a single religious group should not be the exclusive beneficiary of a city-run attraction. The Salvation Army says that the $1400 collected so far will be used for social services, not religious programming.

Suit Challenges Refusal To Permit Solstice Display at State Capitol

Yesterday the Arkansas Society of Freethinkers filed a federal court lawsuit against the Arkansas secretary of state challenging the state's refusal to allow the Freethinkers to install a temporary Winter Solstice display on the state capitol grounds. According to the complaint (full text) in Arkansas Society of Freethinkers v. Daniels, (ED AR, filed 12/10/2009), the only other temporary display currently on capitol grounds is a creche. Arkansas' written Policy on Temporary Displays on State Capitol Grounds sets out no guidelines on which displays will be permitted, except for a ban on any display blocking traffic. The lawsuit contends that the denial of plaintiffs' request was based solely on the secretary of state's unbridled discretion and unconstitutionally restricts access to a designated public forum by limiting displays to those that the Secretary of State personally finds acceptable as to content and viewpoint. Arkansas Blog has further background and reprints the Arkansas ACLU's press release on the case.

Obama Accepts Nobel Peace Prize With Speech Focusing on "Just War"

President Barack Obama this morning accepted the Nobel Peace Prize with a speech (full text) that focused extensively on the concept of "just war." Here are some excerpts:

Over time, as codes of law sought to control violence within groups, so did philosophers, clerics and statesmen seek to regulate the destructive power of war. The concept of a "just war" emerged, suggesting that war is justified only when it meets certain preconditions: if it is waged as a last resort or in self-defense; if the forced used is proportional; and if, whenever possible, civilians are spared from violence.

For most of history, this concept of just war was rarely observed. The capacity of human beings to think up new ways to kill one another proved inexhaustible, as did our capacity to exempt from mercy those who look different or pray to a different God. Wars between armies gave way to wars between nations — total wars in which the distinction between combatant and civilian became blurred. In the span of 30 years, such carnage would twice engulf this continent. And while it is hard to conceive of a cause more just than the defeat of the Third Reich and the Axis powers, World War II was a conflict in which the total number of civilians who died exceeded the number of soldiers who perished.

In the wake of such destruction, and with the advent of the nuclear age, it became clear to victor and vanquished alike that the world needed institutions to prevent another World War.
...

As the world grows smaller, you might think it would be easier for human beings to recognize how similar we are, to understand that we all basically want the same things, that we all hope for the chance to live out our lives with some measure of happiness and fulfillment for ourselves and our families.

And yet, given the dizzying pace of globalization, and the cultural leveling of modernity, it should come as no surprise that people fear the loss of what they cherish about their particular identities — their race, their tribe and, perhaps most powerfully, their religion. In some places, this fear has led to conflict. At times, it even feels like we are moving backwards. We see it in the Middle East, as the conflict between Arabs and Jews seems to harden. We see it in nations that are torn asunder by tribal lines.

Most dangerously, we see it in the way that religion is used to justify the murder of innocents by those who have distorted and defiled the great religion of Islam, and who attacked my country from Afghanistan. These extremists are not the first to kill in the name of God; the cruelties of the Crusades are amply recorded. But they remind us that no Holy War can ever be a just war. For if you truly believe that you are carrying out divine will, then there is no need for restraint — no need to spare the pregnant mother, or the medic, or even a person of ones own faith. Such a warped view of religion is not just incompatible with the concept of peace, but the purpose of faith — for the one rule that lies at the heart of every major religion is that we do unto others as we would have them do unto us.

Adhering to this law of love has always been the core struggle of human nature. We are fallible. We make mistakes, and fall victim to the temptations of pride, and power, and sometimes evil. Even those of us with the best intentions will at times fail to right the wrongs before us.

Court Rejects Free Exercise Challenge To New Mexico Cock Fighting Ban

In Kizzar v. Richardson, 2009 U.S. Dist. LEXIS 114191 (D NM, Oct. 31, 2009), a New Mexico federal district court dismissed a pro se plaintiff's scatter-shot challenge to New Mexico's 2007 law banning cock fighting. Plaintiff's pleadings were somewhat incoherent as to the exact action that had been taken against him under the new law. One of his numerous challenges was that his free exercise rights were being infringed. He alleged that the statute on cockfighting "states that laws giving animals entitlement to rights, and judging or condemning individuals by the manner of treatment of animals contradicts the Bible, disparaging the Plaintiff's Christian belief, while bolstering the Animal Rights creed." The court held that plaintiff failed to allege how his rights had been violated, nor did he allege that he is no longer free to practice his religion.

Resolution To Protect Sanctity of Christmas Introduced Into House

On Tuesday, South Carolina Congressman Henry E. Brown, Jr. introduced H. Res. 951 which urges protection of the symbols and traditions of Christmas. The operative language reads:

Resolved, That the House of Representatives—
(1) recognizes the importance of the symbols and traditions of Christmas;
(2) strongly disapproves of attempts to ban references to Christmas; and
(3) expresses support for the use of these symbols and traditions by those who celebrate Christmas.

Rep. Brown's press release explaining the resolution says in part:

I am troubled by the growing sentiment that the phrase 'Merry Christmas' is not appropriate and I am worried that attempts to celebrate a 'politically correct' holiday season may cause the loss of some of the traditions sacred to this widely celebrated holiday.

I recognize that there are many religions that celebrate a variety of holidays this month and in accordance with the First Amendment, I believe it is important to preserve the right for everyone to worship as they believe....

We must not forget that the true meaning of Christmas is to celebrate of the birth of Christ and I will continue to work to protect the sanctity of this great holiday.

The Resolution has 17 co-sponsors.

UPDATE: On Dec. 10, Rep. Brown criticized President and Mrs. Obama for sending out White House holiday cards that say "Season's Greetings" and do not specifically mention Christmas. (Fox News.) [Thanks to God and Country blog for the lead.]

9th Circuit Hears Latest Appeal In Mt. Soledad Cross Case

Yesterday the U.S. 9th Circuit Court of Appeals heard oral arguments in Jewish War Veterans v. City of San Diego. (Recording of full arguments.) The case is part of the 20-year long series of lawsuits challenging the Mt. Soledad Veterans Memorial in San Diego, California, and the large Cross that is part of the memorial. This latest chapter is an appeal from a federal district court decision that rejected an Establishment Clause challenge, holding that Congress' primary purpose in acquiring the memorial was to preserve the site as a veterans' memorial, not to advance or favor a particular religion. The court went on to hold that maintaining the site with its cross has primarily a patriotic and nationalistic effect, rather than a religious one. (See prior posting.) Reporting on the oral arguments, yesterday's San Diego Union Tribune said that lawyers faced particularly heavy questioning from Judge M. Margaret McKeown.

Mormon Senator Orin Hatch Composes New Hanukkah Song

Tuesday's New York Times reports that Republican Senator Orin Hatch, a Mormon from Utah has written the lyrics for a catchy Hanukkah song, "Eight Days of Hanukkah." The music is by Hatch's musical collaborator,Madeline Stone. Hatch is known for writing Christian hymns and patriotic songs, but this is his first Jewish composition. Hatch says, "Mormons believe the Jewish people are the chosen people, just like the Old Testament says." Jeffrey Goldberg writing in Tablet Magazine chronicles the background that led to Hatch writing the song. It began with a conversation between Goldberg and Hatch ten years ago, and got a push from a blog entry by Goldberg last year. Here is a video of the song being performed by Rasheeda Azar, a Syrian-American vocalist from Indiana.

Today Is Human Rights Day-- 61st Anniversary of UN Declaration

Today is Human Rights Day, commemorating the 1948 adoption by the United Nations General Assembly of the Universal Declaration of Human Rights. Article 18 of the document provides:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

The theme of Human Rights Day 2009 is non-discrimination. Article 2 of the Declaration provides:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The United Nations High Commissioner for Human Rights released a statement yesterday expanding on the concept of non-discrimination. After discussing discrimination against women and racial and ethnic minorities, Navi Palli continued:

Discrimination based on religion or belief can be equally destructive. In certain countries, members of certain groups are restricted in how they can exercise their religion or belief and deprived of their fundamental rights. In extreme cases such conditions may lead to sectarian violence, killing and conflict. Stereotyping can lead to stigmatization and isolationism.

British Court Rejects Criminal Charges Against Christian Hotel Owners

In Britain yesterday, a Liverpool Magistrate's Court dismissed charges of religiously aggravated threatening behavior that had been brought against a Christian couple who own a hotel in Liverpool. The charges brought under Section 5 of the Public Order Act (1986) charged that Ben and Sharon Vogelenzang had made threatening, abusive or insulting remarks about Islam to hotel guest Ericka Tazi. Yesterday's London Times reports that the charges grew out of a 15-minute incident at the hotel when Tazi, who was completing her stay after taking a pain management course at nearby Aintree Hospital, decided to wear a hijab to breakfast. Each side has a somewhat different version of the incident, and the judge, according to BBC News dismissed the charges because the evidence against the hotel owners was inconsistent. The Christian Institute sponsored the Vogelenzang's defense, and the high profile dismissal is seen as a victory by evangelical groups who say the issue was free speech and religious liberty. Business at the Vogelenzang's Bounty House Hotel fell 80% while the prosecution was pending. [Thanks to Religion News Blog for the lead.]

Questioning of Expert Witness About Religion Found To Be Harmless Error

In re State of New York v. Andrew O., (App. Div., Dec. 3, 2009), is an appeal of a trial court's finding that respondent is a dangerous sex offender who needs to be confined to a secure treatment facility. One objection raised by respondent was that the psychologist who testified for him was improperly questioned about religion. On cross-examination, counsel questioned the psychologist about Yoism, a religion that he founded. All five judges on the New York appellate court concluded that interjection of a party's religious beliefs or observances has no place in either a criminal or civil trial . However 4 of the 5 held that the objectionable questioning did not substantially influence the jury's verdict. Judge Rose dissenting argued that because of the importance of the psychologist's testimony in the case, the order should be reversed and the case sent back for a new trial. Yesterday's Albany Times-Union reported on the decision with additional details.

California Woman Pushing Initiative To Require Christmas Carols In Schools

Yesterday's Redding, California Record Searchlight reports on the progress of Merry Hyatt who is collecting signatures for a proposed ballot initiative (full text) that would require public schools to "provide opportunities to its pupils for listening or performing Christmas music at an appropriate time of year." The measure describes Christmas music as a "longstanding American tradition and a significant element of our cultural heritage as Americans." The initiative also provides that parents may opt their children out of the sessions. The proposed initiative was filed with California's Attorney General's office in September. Proponents must obtain 433,971 signatures by the end of March 2010 in order for the initiative to appear on the ballot. Rob Boston of Americans United says the proposed initiative is "blatantly unconstitutional."