Study Shows Faith-Based Initiative Increased Interest, But Not Social Services By Congregations

An interesting post at Call & Response blog yesterday by Duke University Prof. Mark Chaves, Director of the National Congregations Study, analyzes the actual impact of President George W. Bush's Faith-Based Initiative on religious congregations. He concludes that:

data from 1998 and 2006-07 show that neither the overall percent of congregations that report social services (82% in 2006), nor the percent with a staff person devoting at least quarter-time to social services (11%), nor the percent who received government funding (4%), have increased since 1998. Not even the level of collaboration (whether or not money is involved) between congregations and government or secular nonprofit organizations increased.....

Despite this stability in congregational social service activity, ... congregational interest in social services increased since 1998. The number of congregations that would like to apply for government money to support social service programs increased from 39% in 1998 to 47% in 2006-07. The number of congregations who hosted a speaker from a social service organization increased from 22 to 31%. And the number who recently conducted a community needs assessment jumped from 37 to 48%. These are impressive increases, probably representing an increased level of congregational interest in social services generated by media attention to faith-based initiatives and by the mistaken belief by some congregational leaders that there would be government money specifically set aside to support congregations’ human service activities.

More data for the National Congregations Study is in the June 2009 Report titled: American Congregations at the Beginning of the 21st Century. ABP News also reports on Chaves' conclusions.

Many Issues of Religon and Human Rights Remain In Latest Kenya Draft Constitution

Kenya is in the complex process of drafting and adopting a new constitution. (See prior posting.) The public comment period on the Committee of Experts' draft expired Dec. 15. It was supposed to be redrafted taking the comments into account, forwarded to the Parliamentary Select Committee on the Constitution, and then forwarded to the National Assembly which is to hold a referendum on it. (Sunday Nation 12/11/09). However today's Sunday Nation reports that the redraft forwarded to the Parliamentary Select Committee does not reflect some of the changes to the Bill of Rights proposed by churches, civil society organizations and human rights lobbies. Issues still remain over the document's language on abortion, its provisions on Islamic law, issues of family, of same-sex marriage, protection of religious institutions that wish to hire on the basis of religion, protection of children and the right to education and housing. The Parliamentary Select Committee is now expected to seek consensus on various issues and return the document to the Committee of Experts for redrafting.

Suit Charges Company With Forcing Scientology On Employees

A state court lawsuit filed last month in Bound Brook, New Jersey charges that a health and wellness company, Open House Direct, forced two former employees to take courses in Scientology in order to keep their jobs. One of the employees, Maurice Grays, charges that company co-owner John Buckley harassed him to become a Scientologist and forced him to buy a Scientology library and pay course tuition. According to today's Somerville (NJ) Courier News, both of the employees were eventually fired. The lawsuit also alleges that the company uses Scientology-based literature to train employees in sales and business administration. John Buckley, who denies the charges, has just taken on a new responsibility in addition to the company. He has become a member of the Bound Brook Borough Council.

Pennsylvania Says Hasidic Jewish Summer Camp Does Not Qualify For Property Tax Exemption

In Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals, (PA Comnwlth. Ct., Dec. 29, 2009), a Pennsylvania appellate court upheld the denial of a property tax exemption to a 60-acre Jewish summer camp located in Pennsylvania and operated by the Bobov Orthodox Jewish community (also known as the Bobover Hasidim) headquartered in Brooklyn, N.Y. The camp attracts boys from New York, Canada, England and Israel. Pennsylvania has a series of criteria that an organization must meet in order to qualify for a tax exemption as a "purely public charity." The court agreed that the camp "benefits a substantial and indefinite class of persons who are the legitimate subjects of charity," but it did not meet a second requirement that "it relieves the government of some of its burden." The court reasoned:

Mesivtah did not present any evidence that the camp’s recreational and food facilities alleviate any local community burdens in Pike County.... In addition, although the food facilities are open to the public, the general public does not use the camp's facilities.

In Canada, Fired Minister of Historic Church No Longer In Contempt of Earlier Order

In British Methodist Episcopal Church v. Davis, (ON Ct. App., Jan. 8, 2010), an Ontario (Canada) Court of Appeal held that the former minister of the historic British Methodist Episcopal Church in Guelph (ON) was no longer in contempt of a prior lower court order requiring her to deliver all documents, records and property of the church in her possession, not interfere with any religious services and not attend the church without consent of church officials. According to yesterday's Guelph Mercury, the dispute began in July 2008 when Rev. Erica Davis was not reappointed pastor of the church that was built in 1880 by former slaves who had fled to Canada via the underground railroad. Davis claimed that the church had failed to pay her an agreed $248,000 in compensation. She also contended that church trustees had passed a resolution to transfer title to the church property to her-- a claim that the court rejected.

Literal Belief In Bible Becomes Issue In Alabama Gubernatorial Primary

Seven candidates are running in this year's Republican primary for Governor of Alabama. One of the candidates, Chancellor of the Department of Postsecondary Education, Bradley Byrne, is now under fire from opponents because of this statement quoted last November in the Mobile Press-Register: "I believe there are parts of the Bible that are meant to be literally true and parts that are not." On Wednesday at news conference at a Piggly Wiggly store in New Hope (AL) announcing his endorsement by the Alabama Retail Association, Bryne said the Press-Register had misquoted him. He added: "I believe the Bible is true. Every word of it." Press-Register Executive Editor Mike Marshall later responded that: "There is no way that the Press-Register misquoted Mr. Byrne in that story." American United's blog today comments on the controversy

Church's Appeal of Zoning Decision Is Only Partly Successful

In Our Savior Evangelical Lutheran Church v. Saville, (IL App., Dec. 31, 2009), an Illinois appellate court rejected a free exercise challenge to the Aurora (IL) Zoning Ordinance as well as a challenge under the Illinois Religious Freedom Restoration Act. At issue was the Church's application for zoning approval to build an addition to the church and a parking lot. The Church argued in part that provisions limiting the site plan review process-- as opposed to applying for a special use permit-- to churches on major thoroughfares was discriminatory. The court disagreed. However the court remanded the case to the trial court for it to examine whether denial of the Church's application for a special use permit violated the Church's substantive due process rights. The remand was occasioned by the fact that during the pendency of the appeal, the state legislature amended the law to grant trial courts de novo review powers over decisions denying a special use permit.

Protests, Church Attacks Greet Malaysian Decision on Use of "Allah" By Catholic Paper

In Malaysia, last week's High Court decision (see prior posting) allowing the Catholic newspaper, The Herald, to use the word "Allah" in its Malay-language edition to refer to God, has generated protests in mosques and arson attacks on four Christian churches. Today both the London Times and Al Jazeera report on developments. Molotov cocktails were thrown at four churches around Kuala Lumpur. Only one of the churches, the Metro Tabernacle Church, was seriously damaged. Speakers in mosques protested the court's decisions and protesters carried signs charging heresy. Police have stepped up security at churches and political leaders have condemned the attack. Also, apparently in reaction to the court ruling, the website of the Malaysian judiciary was hacked on Thursday and threatening messages were posted. The court's decision will be appealed and its implementation has been stayed while the appeal is pending.

UPDATE: AP reports that on Sunday, two more churches were fire bombed and a third was splashed with black paint. Government leaders and many Muslims have condemned the attacks. In Egypt, Syria and Indonesia Christians commonly use the word "Allah" to describe God.

President Sends Greetings On Orthodox Christmas

Yesterday the White House issued a statement (full text) from President Barack Obama extending warmest wishes to Orthodox Christians celebrating the Great Feast of the Nativity.

New Jersey Senate Rejects Same-Sex Marriage Bill

The New Jersey Senate yesterday voted down A818, the proposed Civil Marriage and Religious Protection Act that would have legalized same-sex marriage in the state. Yesterday's Christian Science Monitor and the Asbury Park Press report that the vote was 20 opposed, and 14 in favor, with 5 senators not voting. New Jersey already recognizes civil unions, but supporters of gay marriage say that there are still restrictions on insurance benefits available to couples who are only in civil unions. Opponents argued for the traditional definition of marriage, and said any change should be through a referendum.

(See prior related posting.)

Challenge To Military Prayers Dismissed For Failure To Exhaust Intramilitary Remedies

In Chalker v. Gates, (D KS, Jan. 7, 2010), a Kansas federal district court dismissed for failure to exhaust intramilitary remedies a claim by a soldier stationed at Ft. Riley that his rights were violated when he was required to attend three Army functions at which sectarian Christian prayers were delivered. One of the events was the "welcome home" ceremony after his unit returned from Iraq. Spc. Dustin Chalker's complaint alleged that mandatory attendance at these events violated the Establishment Clause and in effect created a "religious test" for him to serve as a soldier in violation of Art. VI of the Constitution. While concluding that Chalker had standing to bring the claims, the court said that he should have either filed a request for religious accommodation or filed an administrative Equal Opportunity complaint, instead of merely complaining through his chain of command. The suit was also filed by the Military Religious Freedom Foundation. AP yesterday reported on the decision.

Obama Says Must Engage With Muslims To Prevent Lone-Wolf Radicalizations

Yesterday, President Obama delivered widely-covered Remarks on Strengthening Intelligence and Aviation Security (full text) summarizing the results of initial reviews he ordered after the attempted Christmas-day bombing of a plane heading to Detroit. A portion of the President's remarks were addressed to the issue of al Qaeda's attempts to radicalize and recruit lone individuals around the world. He said:

And we know that the vast majority of Muslims reject al Qaeda. But it is clear that al Qaeda increasingly seeks to recruit individuals without known terrorist affiliations not just in the Middle East, but in Africa and other places, to do their bidding. That's why I've directed my national security team to develop a strategy that addresses the unique challenges posed by lone recruits. And that's why we must communicate clearly to Muslims around the world that al Qaeda offers nothing except a bankrupt vision of misery and death –- including the murder of fellow Muslims –- while the United States stands with those who seek justice and progress.

To advance that progress, we've sought new beginnings with Muslim communities around the world, one in which we engage on the basis of mutual interest and mutual respect, and work together to fulfill the aspirations that all people share -- to get an education, to work with dignity, to live in peace and security. That's what America believes in. That's the vision that is far more powerful than the hatred of these violent extremists.

AALS 2009 Newsletter Has Lengthy Law and Religion Bibliography

The Association of American Law Schools Section on Law and Religion has issued its December 2009 Newsletter containing a 35-page bibliography of articles, books and websites on law and religion published during the past year.

Irsaeli Court Overturns City's Freeze On Synagogue Construction

In Israel, a Tel Aviv District Court has ruled that construction of a planned Orthodox synagogue in the city of Netanya can proceed. Arutz Sheva reported on the case yesterday. Last March, Reform Jewish groups obtained an administrative order freezing all budgetary allocations for synagogue construction in the city until funding was made available for construction of a Reform synagogue as well. The freeze order was appealed and a lower court overturned the freeze. The Reform groups appealed, but the District Court dismissed the appeal, allowing construction to begin. The Reform groups were assessed court costs equivalent to $1300 (US) plus a 16% Value Added Tax.

New Report Ranks 50 Worst Countries For Persecuting Christians

The group Open Doors yesterday released its 2010 World Watch List of the 50 countries where persecution of Christians for religious reasons is most severe. The 10 worst in the list are: North Korea, Iran, Saudi Arabia, Somalia, Maldives, Afghanistan, Yemen, Mauritania, Laos and Uzbekistan. The rankings are compiled from a specially designed questionnaire that focuses on various aspects of religious liberty.

Indian Court Upholds Ban On Book Critical of Islam

In Bhasin v. State of Maharashtra, (Bombay High Ct., Jan. 6, 2010), India's High Court of Judicature at Bombay upheld a ban imposed by the State of Maharashtra on circulation of the book by R.V. Bhasin titled Islam – A Concept of Political World Invasion By Muslims. The government acted under Sec. 95 of the state's Code of Criminal Procedure, 1973 which allows an order of forfeiture to be issued against any newspaper, book or document that promotes enmity or hatred against a group on religious grounds. In a 150-page opinion, the 3-judge court concluded:

The possibility of [the book] falling in the hands of an inflammable mob cannot be ruled out. The way this sensitive topic is handled by the author, it is likely to arouse the emotions or sensibilities of even strong minded people. We have held that criticism of Islam is permissible like criticism of any other religion and the book cannot be banned on that ground. But we have also held that the criticism of Islam is not academic. The author has gone on to pass insulting comments on Islam, Muslim community with particular reference to Indian Muslims. It is an aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims.

Reports today by DNA and Express News Service have additional details on the opinion.

CAIR Says New TSA Security Policies Target American Muslims

Last Sunday, in the wake of the unsuccessful attempt to bomb an airplane coming into Detroit, the Transportation Security Administration announced that it "is mandating that every individual flying into the U.S. ... traveling from or through nations that are state sponsors of terrorism or other countries of interest will be required to go through enhanced screening." On Tuesday, CAIR issued a press release complaining that this policy

will disproportionately target American Muslims who have family or spiritual ties to the Islamic world and therefore amount to religious and ethnic profiling.... Under these new guidelines, almost every American Muslim who travels to see family or friends or goes on pilgrimage to Mecca will automatically be singled out for special security checks -- that’s profiling.... While singling out travelers based on religion and national origin may make some people feel safer, it only serves to alienate and stigmatize Muslims and does nothing to improve airline security.

CAIR said that a policy is needed that looks at behavior, not faith or skin color. Yesterday's Detroit News carried a column by CAIR's Michigan Executive Director, Dawud Walid, making the point at greater length.

Proposed Russian Law Would Return State-Owned Religious Property To Orthodox Church

According to Interfax yesterday, Russian Prime Minister Vladimir Putin says that a bill has been drafted to deal with transferring state-owned religious property back to the Russian Orthodox Church. Putin said that all assets must be transferred "in a proper form and accompanied by proper financial procedures." In a meeting with Patriarch Kirrill, Putin said he is certain that the Church and the government "will find the solutions that will return to regional organizations what they rightfully own rather than destroy what was created in the past years."

Challenge To Jail Holiday Music Dismissed

As previously reported, six lawsuits were filed in recent months against Maricopa County, Arizona, Sheriff Joe Arpaio by prisoners who object to his playing Christmas and holiday tunes all day long at all of the county's jails. The play list included Dr. Demento's Christmas album, with humorous holiday songs; Alvin and the Chipmunks; Elvis Presley, including "Blue Christmas"; Celtic chanting; traditional carols by the Mormon Tabernacle Choir; and a CD with titles such as "Feliz Navidad," "Ramadan," "Betelehui," "Over the Skies of Ysrael," and "A Christmas/ Kwanzaa/ Solstice/ Chanukah/ Ramadan/ Boxing Day Song." Four of the suits were dismissed earlier, and now an Arizona federal district court has issued an opinion dismissing one of the remaining challenges.

In Curley v. Arpaio, 2010 U.S. Dist. LEXIS 199 (D AZ, Jan. 4, 2010), the court rejected an Establishment Clause challenge concluding that "Defendant presents a neutral, secular purpose for playing holiday music--to reduce inmate tension at a difficult time of year for inmates, and to promote safety in the jails.... [T]here were no religious activities or prayer, and the secular music diluted any religious effect." The federal court declined jurisdiction over plaintiff's other claim that the music violated the provision in the Arizona Constitution (Art. II, Sec. 12) barring the expenditure of any public funds for religious exercise.

9th Circuit: Asylum Application By Muslim Convert To Christianity Was Timely

In Taslimi v. Holder, (9th Cir., Jan. 4, 2010), the U.S. 9th Circuit Court of Appeals held that an Iranian woman who had converted from Islam to Christianity while in the United States had not waited too long to apply for asylum. The conversion took place in 2002, ten years after she entered the United States on a one-year visitor's visa. The immigration judge concluded that Azra Taslimi was eligible for withholding of removal because it was likely her life or freedom would be threatened in Iran. However Taslimi preferred asylum since that would give her the chance to eventually become a legal permanent resident and eventually a citizen. (Background.) To obtain asylum, an individual must apply within one year of entering the country or within a "reasonable period" later after a change of circumstances (such as her conversion). Taslimi waited seven months after her conversion. The Court of Appeals concluded that this was reasonable because the conversion ceremony was merely the beginning of a process that called for spiritual growth. Taslimi did not apply for asylum immediately because she wanted to be sure that her conversion was going to be a life-long decision. The Los Angeles Metropolitan News-Enterprise reports on the decision.