DHS Secretary Meets With Faith and Ethnic Leaders

A press release from the Department of Homeland Security reports that DHS Secretary Janet Napolitano met yesterday with leaders from Muslim, Sikh, South Asian and Arab communities. The meeting focused on ways that DHS can increase engagement, dialogue and coordination with, and enhance information sharing between, the Department and faith- and community-based groups.

Court Says Pastor's Defamation Is Not Barred By 1st Amendment

In Tubra v. Cooke, (OR App., Jan. 27, 2010), an Oregon appellate court reversed a trial court's judgment notwithstanding the verdict in an interim pastor's defamation claim against his former church and two of its officers. The jury had awarded damages to the pastor, but the trial court held that the First Amendment deprived it of jurisdiction. Disagreeing, the Court of Appeals said:

If the organization is of a religious character, and the alleged defamatory statements relate to the organization's religious beliefs and practices and are of a kind that can only be classified as religious, then the statements are purely religious as a matter of law, and the Free Exercise Clause bars the plaintiff's claim. In defamation law terms, those statements enjoy an absolute privilege.

If, however, the statements--although made by a religious organization--do not concern the religious beliefs and practices of the religious organization, or are made for a nonreligious purpose--that is, if they would not "always and in every context" be considered religious in nature--then the First Amendment does not necessarily prevent adjudication of the defamation claim, but the statements may nonetheless be qualifiedly privileged under established Oregon law.

In this case, the alleged defamatory statements--that the pastor had misappropriated money and had demonstrated a willingness to lie--would not "always and in every context" be religious in nature. Thus, even though the statements related to plaintiff's conduct as a pastor of the church, that fact does not render those statements absolutely privileged as a matter of law under the Free Exercise Clause. Rather, that fact gives rise to a qualified privilege.

Building Permit Charges Against Amish Farmer Dismissed on Free Exercise Grounds

In Jackson County, Wisconsin, a state trial court judge earlier this month dismissed on free exercise grounds charges against an Amish farmer and his wife that they failed to apply for a building permit to build a home and a second residence on their property. According to yesterday's Jackson County Chronicle, defendant Samuel F. Stolzfus refused to sign a building permit application on religious grounds because he did not know if he could adhere to the promise in it that he would comply with local ordinances and the state's uniform dwelling code. The court concluded: "The town has failed to establish a compelling governmental interest in requiring signed applications from the Amish and, therefore, may not enforce the ordinance against them." In the two-year old case, the town did not charge that there were actual safety problems with the buildings Stolzfus constructed.

UPDATE: Here it the full opinion in Town of Albion v. Stolzfus, (WI Cir. Ct., Jan. 7, 2010). [Thanks to Robert L. Greene.]

Indonesian Government Says 20% of Mosques Face Wrong Direction

Worshippers in mosques are supposed to face Mecca when the pray. According to today's Jakarta Globe, Indonesia's ministry of religion says that there are errors in the direction worshippers face in 20% of the country's mosques-- mainly in the earthquake-hit areas such as Yogyakarta, West Java and West Sumatra. The ministry suggests that mosques just have worshipers change the direction they are facing, rather than renovating the entire building.

Bill Proposed In California To Protect Clergy From Perfoming Same-Sex Marriages

As the federal court trial challenging the constitutionality of California's gay marriage ban continues (New York Times 1/27), proponents of same-sex marriage yesterday introduced a bill in the California legislature to make the prospect more appealing to opponents. The Civil Marriage Religious Freedom Act (SB 906) emphasizes the distinction between religious and civil marriage by changing language in state statutes relating to marriage to refer to "civil marriage." The bill goes on to add to the section which permits clergy to perform marriage ceremonies:

No person authorized by this subdivision shall be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision shall not affect the tax exempt status of any entity.

According to LAist yesterday, both Equality California (press release) and the California Council of Churches back the measure.

1st Circuit Rejects Religious Persecution Claim By Chinese Woman Seeking Asylum

In Weng v. Holder, (1st Cir., Jan. 27, 2010), the U.S. 1st Circuit Court of Appeals upheld a decision by the Board of Immigration Appeal denying asylum, withholding of removal and protection under the Convention Against Torture to a native and citizen of China who claimed she has and in the future will likely face religious persecution. Jin Weng is an adherent of Zun Wang, a banned religion in China. An immigration judge had found Weng's testimony to be inconsistent with her earlier statements to immigration officials after she illegally entered the U.S. from Mexico. At that time, she did not mention religion but said she was fleeing China and feared returning there because of poverty and other nonreligious reasons. The judge rejected additional testimony by her at her immigration hearing regarding her religious persecution in China because he found her not to be a credible witness. Yesterday's National Examiner reports on the decision.

In West Bank, Mosques Become Part of Battle Between PA and Hamas

IPS yesterday reported that in the West Bank, the Palestinian Authority's Fatah Party is using mosques in its battle against rival Hamas, as well as against critics within its own party. Earlier this month, the PA Ministry of Religious Affairs distributed a prepared sermon that imams were ordered to read before Friday prayers. While the PA has been dictating imam's speeches for a year, the sermon earlier this month was particularly controversial. It attacked Qatar-based Sheikh Youseff El-Qaradawi, an outspoken opponent of PA President Mahmoud Abbas. When some worshippers hurled abuse at imams reading the sermons, PA security forces raided a number of mosques and arrested some of the worshippers.

Qaradawi is considered a prominent scholar of Islamic law. He condemned Abbas for thwarting U.N. action on a report critical of Israel's 2008 incursion into Gaza. The rhetoric is heated. Qaradawi called for Abbas to be stoned in Mecca if it is shown that he instigated Israel against Gaza. The controversial PA sermons delivered in response called Qaradawi an ignoramus and a puppet of the government of Qatar.

Court Applies Ministerial Exception to Dismiss Suit by Catholic School Teacher

In Weishuhn v. Catholic Diocese of Lansing, (MI Ct. App., Jan. 26, 2010), a Michigan appellate court dismissed a lawsuit brought by a Catholic school teacher who taught mathematics and religion to 6th, 7th and 8th graders. Plaintiff challenged her termination. The court concluded that plaintiff's duties were primarily religious in nature, and that the ministerial exception doctrine applies to both her Civil Rights Act claim and her Whistleblower Protection Act claim. The court said: "Termination of a ministerial employee by a religious institution is an absolutely protected action under the First Amendment, regardless of the reason for doing so." (See prior related posting.) Yesterday's Michigan Messenger reported on the decision.

Peres Addresses Bundestag On International Holocaust Remembrance Day

Today is International Holocaust Remembrance Day, as set by a 2005 United Nations Resolution. Marking the occasion, Israeli President Shimon Peres addressed the German Bundestag. (Full text of remarks.) In a wide-ranging speech, he urged that authorities bring to justice those still alive in Germany and elsewhere in Europe who participated in the genocide of the Nazi era. Reviewing the history of the Holocaust, he said:

The Nazi rabid hatred cannot be solely defined as "anti-Semitic." This is a commonly-used definition. It does not fully explain the burning, murderous, beastly drive that motivated the Nazi regime, and their obsessive resolve to annihilate the Jews. The war's objective was to conquer Europe; not to settle scores with Jewish history. And if we constituted, we the Jews, a terrible threat in the eyes of Hitler's regime, this was not a military threat, but rather a moral threat. An opposition to the desire that denied our faith that every man is born in the image of God, that we are all equal in the eyes of God, and that all men are equal.

House of Lords Today Debates Religious Hiring By Faith Schools

In Britain today the House of Lords will debate a series of amendments proposed by Baroness Turner of Camden to limit the extent to which voluntary-aided faith schools can hire teachers on the basis of religion. (Ekklesia, Accord Coalition). Under current law, these faith schools (which receive government support) can broadly discriminate in recruitment, pay and promotion on the basis of religion, and can dismiss teachers for conduct that is incompatible with the precepts of the school's religion. The amendments would require faith schools to show that discrimination on religious grounds is a "legitimate" and "proportionate" occupational requirement-- the same standard that currently applies to religious charities in Britain. The amendments would limit schools' present ability to apply religious criteria to those who teach only secular subjects and are not in leadership roles. (London Guardian op ed.) Today's debate follows a vote on Monday in which the Lords eliminated provisions in the Equality Bill that narrowed exemptions from the sexual orientation anti-discrimination provisions for religious organizations. (See prior posting.)

Focus on Family Ad Featuring Tim Tebow Will Run During Superbowl

According to yesterday's Gainesville Sun, the conservative Christian group Focus on the Family has raised over $2.5 million to run a 30-second ad during the Superbowl featuring former University of Florida quarterback Tim Tebow. The athlete is known for his Chritsian beliefs, often writing references to Bible verses in his eye black. (Photo from Huffington Post). He was the first home schooled athlete to be nominated for the Heisman Trophy. According to a press release earlier this month from Focus on the Family, Tim and his mother Pam will share a personal story centered on the theme "Celebrate Family, Celebrate Life." News accounts speculate that the ad will center on Pam Tebow's decision, after she became seriously ill, to ignore a doctor's recommendation that she have an abortion. She gave birth to Tim. The National Organization for Women has written CBS questioning why it made an exception to its policy against advocacy ads here. In response, CBS has announced it would consider other "responsibly produced" advocacy ads for the few remaining spots on the Feb. 7 Superbowl broadcast.

Father's Suit Against Family Planning Clinic Dismissed

Yesterday's Corpus Christie (TX) Caller reported that a Texas federal district court has dismissed a lawsuit against a family planning clinic brought by a father who objected to the clinic's giving his 14-year old daughter the "morning after pill." He said that this violated her religious and moral training. South Texas Family Planning in Kingsville (TX), however, contended that federal guidelines for its grant funds preclude requiring parental consent to dispense so-called "Plan B."

German Family, Persecuted for Homeschooling, Granted Asylum In U.S.

Yesterday's Washington Post reports that a couple who fled from Germany to Tennessee in order to home school their children have been granted political asylum by a U.S. immigration judge. Uwe Romeike and his wife argued that they were persecuted in Germany for their evangelical Christian beliefs and for homeschooling their children to avoid public schools whose curriculum they believed to be opposed to Christian values. German law requires children to attend public or private schools. When the Romeikes ignored orders to send their children to school, German police came to their home and took the children to school. In 2007, Germany's highest appellate court ruled that in severe cases children could be removed from their home. The asylum grant allows the Romeike's to remain in Morristown, TN, where they have lived since 2008. A U.S. Immigration and Customs Enforcement spokesman refused to comment on whether the government would appeal the immigration judge's decision.

Rabbis Urge AG Holder To Grant Rubashkin Pre-Sentence Release

Six prominent Orthodox rabbis held a news conference in Washington, D.C. yesterday and then walked to the Department of Justice to deliver a letter to Attorney General Eric Holder protesting the pre-sentencing detention of Sholom Rubashkin, former manager of the Postville, Iowa Agriprocessors kosher meatpacking plant. Yeshiva World News carries the full text of the letter aruging that Rubashkin, who was convicted last November of bank fraud relating to a loan to Agriprocessors and of failing to pay livestock providers in a timely manner, does not present a flight risk. After these convictions, the government dropped immigration-related charges that had been filed against for employing illegal immigrants. The letter to Holder reads in part:

Mr. Rubashkin has been an observant Orthodox Jew since birth. His dietary observances prevent him from eating food that is not certified as kosher or that is heated in a non-kosher appliance. He, therefore, has eaten only cold food while in prison....

He and his wife have ten children, six of whom live at home with their parents. They have an autistic 16-year-old son who has always been heavily dependent on his father. Mr. Rubashkin’s absence from his home at this time – when he is most needed to prepare his children in case he is sentenced to a lengthy prison term – is devastating....

Moreover, his friends and his religious community have offered to pay for a 24-hour private armed security guard that will, in effect, imprison him in his home until his sentencing. A total of approximately 8 million dollars in the equity of 43 homes has been offered as security for his appearance. And to demonstrate the intensity of their conviction that he will not flee, rabbis have offered Torah scrolls – that may not be assigned except for the most extreme and exigent needs – as security for his presence.

The Forward yesterday also reported on the rabbi's news conference.

French Parliamentary Report Urges Ban of Full Face Veil In Public Buildings and Transport

A long awaited report from a French parliamentary committee released today recommends a ban on women wearing the Muslim full-face veil in hospitals, schools, government office and on public transport. It suggested that anyone ignoring the ban in a public building should be denied the services offered in it. The report called wearing of the full face veil "a challenge to our republic," and urged Parliament to pass a resolution declaring that the veil is contrary to French republican principles of secularism. According to BBC News, the report also recommends taking into account in asylum requests coercion to wear the full veil as an indication of a wider persecution, and calls for creation of a national school of Islamic studies. The report, however, stopped short of calling for a total ban on full face veils, viewing that as difficult to enforce and as possibly making France a target for terrorism. (See prior related posting.)

9th Circuit Rejects RLUIPA Zoning Challenge In Brief Opinion

In an unpublished opinion which sets out none of the relevant facts, the 9th Circuit last Friday in Lowry v. Yavapai County Board of Supervisors, (9th Cir., Jan. 22, 2010), rejected a pro se appeal in a case in which plaintiffs claimed that a zoning decision violated their free exercise rights. The court concluded that summary judgment was properly granted under RLUIPA and Arizona law because no substantial burden on the exercise of religion was shown. No 1st Amendment violation was shown because the zoning laws are neutral and generally applicable. Plaintiffs' equal protection claim failed because they did not identify others who were treated differently under the zoning ordinances.

Gnostic Center Fails Britain's "Public Benefit" Test To Be A Charity

In Britain, Third Sector today calls attention to a decision (full text) handed down last month by the Charity Commission rejecting an application by The Gnostic Center for registration as a charity. Apparently the decision, finding that the Center failed the "public benefit" test imposed by Britain's Charities Act, was reaffirmed earlier this month after a review by two of the Charity Commission's board members. (Third Sector). In the decision, the Commission found that the Center did not advance education for public benefit, concluding that : "It is not advancing education based on broad values that are uncontroversial, which would generally be supported by objective and informed opinion." The Commission also rejected the claim that the Center is advancing religion for the public benefit, holding:

To be a religion in charity law, there must also be a positive, beneficial, moral or ethical framework promoted, since a spiritually improving effect on its own is insufficient.... There was no evidence of shared morals or ethics amongst followers or the promotion of these by the Gnostic Center.

Finally the Charity Commission rejected the argument that the Center promoted moral or spiritual welfare or improvement of the community for public benefit, finding no demonstrable impact of the Center's teachings and practices on society.

Bangladesh Takes Next Step To Ban Religious Political Parties

Bangladesh has taken another step toward banning religious-based political parties. Earlier this month, the country's Supreme Court reinstated a constitutional ban on such parties. (See prior posting.) Now, according to RTT News today, the Election Commission has written to three Islamic political parties directing them to amend their charters to remove various religious references.

Federal Court Applies Younger Abstention In Challenge To Maine's Charitable Solicitations Act

In Christian Action Network v. State of Maine, (D ME, Jan. 13, 2010), a Maine federal district court applied the Younger v. Harris abstention doctrine and dismissed a challenge by Christian Action Network (CAN) to Maine's Charitable Solicitations Act. CAN claimed that the law imposes an unconstitutional prior restraint on speech, is overbroad, and that the state had discriminated against it on the basis of its viewpoint in refusing to renew its charitable solicitation license. The refusal was based on alleged unlicensed solicitation of donations in Maine in April 2009 and CAN's unauthorized use of the Governor's name in a mailing that suggested the Governor endorsed the anti-Muslim message in the group's newsletter. The court's decision requires CAN to assert its constitutional challenges in state enforcement proceedings that had been commenced before the federal lawsuit was filed. (See prior related posting.) WorldNet Daily today carries an article critical of the decision.

House of Lords Votes To Keep Broader Discrimination Exemptions For Religious Organizations

In Britain yesterday, the House of Lords defeated a a government attempt in the pending Equality Bill to narrow the employment discrimination exemptions currently available to religious institutions under the Employment Equality (Sexual Orientation) Regulations 2003. Under that law, religious organizations can discriminate on the basis of sexual orientation in order to comply with religious doctrine or to avoid conflicting with the strongly held religious convictions of a substantial number of the religion's followers. (Sec. 7(3).) The Equality Bill, which consolidates a number of Britain's anti-discrimination laws, would have limited the exemption to 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)." (See prior posting.)

In the House of Lords, Bishop Scott-Joynt and Baroness O'Cathain, an evangelical, proposed amendments to retain the 2003 exemptions. (Christian Today). According to Christian Institute, in three separate votes yesterday (216- 178, 195-174 and 177-172), the peers voted to approve Lady O'Cathain's amendments.