Brazil's Catholic Church Sues Columbia Pictures Over Use of Statue In Film

AFP reports that the Catholic archdiocese of Rio de Janeiro, Brazil is suing Columbia Pictures for unauthorized use of its famous Christ the Redeemer statue in the motion picture 2012. The disaster movie shows the famous landmark being destroyed by a giant wave in a worldwide apocalypse. The archdiocese holds the copyright on the famous Paul Landowski statute that overlooks the city until is expires in 2032. Usually the archdiocese grants permission for movie producers to use the statute, but it refused to do so in pre-production negotiations. Columbia Pictures used the statute anyway. Negotiations to settle the lawsuit have been under way since December, a month after the movie was released. The Archdiocese wants Columbia Pictures to publicly declare that it did not intend to cause offense.

Murder Trial of Cult Members Under Way In Baltimore

The Baltimore Sun in two articles is reporting on the murder trial of a religious cult leader who convinced another cult member to starve her 16-month old child to death because he was likely possessed by an evil spirit. Two other cult members are also on trial for their parts in the death. The three defendants have refused lawyers and are representing themselves. Toni Sloan (also known as Queen Antoinette), the leader of 1 Mind Ministries, convinced Ria Ramkissoon that her son Javon should be deprived of food when he refused to answer "amen" after a prayer. Ramkisson believed that her own mother and stepfather had offered Javon up to the devil. Ramkissoon is not a defendant in this trial. She has already plead guilty to child abuse resulting in death. She will likely receive a 20-year suspended sentence, inpatient counseling and five years' probation. Her sentencing has been postponed pending her testimony in the current trial that opened on Monday.

Tony Perkins' Invitation To Speak At Military Prayer Luncheon Rescinded Over Stand on Gays

CBN News reported yesterday that the Andrews Air Force Base chaplain's office has withdrawn its previous invitation to Family Research Council president Tony Perkins to speak at the National Prayer Luncheon scheduled at Andrews on Feb. 25. The move came after Perkins spoke out strongly against President Obama's call to end the military's don't-ask-don't-tell policy that bans gays and lesbians from serving openly in the military. A letter to Perkins said his past statements are "incompatible in our role as military members who serve our elected officials and our Commander in Chief." Perkins, an ordained minister and Marine corps veteran, reacted strongly, saying:

I am very concerned ... that this merely foreshadows the serious threat to religious liberty that would result from repeal of the current military eligibility law. Such legislation would not merely open the military to homosexuals. It would result in a zero-tolerance policy toward those who disapprove of homosexual conduct. Military chaplains would bear the heaviest burden. Would their sermons be censored to prevent them from preaching on biblical passages which describe homosexual conduct as a sin? Would they remain free to counsel soldiers troubled by same-sex attractions about the spiritual and psychological resources available to overcome those attractions?

Negligent Supervision Claims Against Archdiocese Dismissed on 1st Amendment Grounds

In two decisions handed down on Tuesday, Doe v. Roman Catholic Archdiocese of St. Louis and Nicholson v. Roman Catholic Archdiocese of St. Louis, (MO Ct. App., Feb. 23, 2010), a Missouri state appellate court held it is bound by Missouri Supreme Court holdings on whether the 1st Amendment to the U.S. Constitution bars courts from adjudicating the reasonableness of a church's supervision of a cleric. In both cases, the trial court dismissed negligent supervision claims against the Archdiocese growing out of sexual abuse of minors over 50 years ago by a now deceased priest. The court of appeals affirmed, quoting the Missouri Supreme Court's 1997 opinion in Gibson v. Brewer:

adjudicating the reasonableness of a church's supervision of a cleric—what the church 'should know'—requires inquiry into religious doctrine. . . . [T]his would create an excessive entanglement, inhibit religion, and result in the endorsement of one model of supervision.

The court of appeals held that different 1st Amendment interpretations by federal district and appellate courts and courts in other states do not take precedence.

Florida Federal Court Rejects Jurisdiction In Church Homeless Shelter Challenge

In Westgate Tabernacle v. Palm Beach County, (SD FL, Feb. 18, 2010), a Florida federal district court dismissed claims by a West Palm Beach church that its federal and state constitutional rights were violated by Palm Beach County's zoning enforcement efforts against its use of its church building as a homeless shelter. The court held that it lacked jurisdiction under the Rooker-Feldman doctrine. That doctrine precludes a federal district court from reviewing a prior judgment of a state court where the federal issues involved could have been raised in that state proceeding. Here a Florida Court of Appeals had previously rejected a similar challenge to the county's requirement that Westgate Tabernacle apply for a conditional use permit. (See prior posting.) Tuesday's Palm Beach Post reported on the federal court dismissal.

Employee Loses Sabbath Accommodation Claim

In Waltzer v. Triumph Apparel Corp., (SD NY, Feb. 18, 2010), a New York federal district court rejected claims under Title VII of the 1964 Civil Rights Act and under the New York City Human Rights Law by a former employee of an apparel manufacturer who wanted to leave work early on Friday afternoons to accommodate her observance of the Jewish Sabbath. Employee Marilyn Waltzer had two residences, a small apartment in New Jersey and a condo in Pennsylvania. She insisted on leaving work on Fridays as early as 1:00 while her employer insisted she work until 3:00 or 4:00. Waltzer's supervisor was unaware that Waltzer was commuting to Pennsylvania instead of New Jersey for the Sabbath. The court concluded that Waltzer had not shown religious discrimination because in months when sundown came early she was offered the opportunity to leave in time to get to her New Jersey apartment, or alternatively to work part time on Fridays. Waltzer concealed that she was commuting to Pennsylvania and instead told her employer she needed the earlier time off to go to the kosher butcher and prepare herself mentally for the Sabbath. [Thanks to Steven H. Sholk for the lead.]

Church Classification for Capitol Hill Townhouse Questioned

Both the New York Times and the Washington Post report on a letter (full text) sent yesterday to the Internal Revenue Service by a group of Ohio mainline Protestant clergy. The signers, members of Clergy VOICE, question the tax-exempt status of the C Street Center which owns a town house on Capitol Hill that provides inexpensive lodging and meals for conservative Christian members of Congress. The letter argues that the C Street Center does not qualify as a church under IRS regulations.

Apparently there is a close relationship between the Center and the Fellowship Foundation that sponsors the National Prayer Breakfast. J. Robert Hunter, a member of the Fellowship, said that "there are religious services all the time" at the C Street Center. He added it is also "a safe place where politicians who are tempted by lust would hold each other accountable." The Center has received notoriety because at least four politicians involved in extra-marital affairs have lived at or used the Center-- South Carolina Gov. Mark Sanford, Nevada Senator John Ensign, Oklahoma Senator Tom Coburn, and Mississippi Representative Charles W. "Chip" Pickering, Jr. Last year D.C. tax authorities classified the Center as 66% taxable. [Thanks to Scott Mange and Wall of Separation for the leads.]

Court Upholds Application of Noise Ordinance To Church

In Christian Methodist Episcopal Church v. Rizzo, 2010 U.S. Dist. LEXIS 15246 (D SC, Feb. 18, 2010), a South Carolina federal district court rejected a church's free exercise challenge to the enforcement of a town's noise ordinance against it. Atlantic Beach, South Carolina police ticketed the CME Mission Church for broadcasting its religious services into the surrounding neighborhood by means of a loud speaker system, after complaints by surrounding businesses and residents. The court rejected CME's contention that it was exempt from the noise ordinance and found that police had not acted improperly in entering the church during a service to address the noise violations. CME failed to prove either intent to suppress religious practices or discriminatory enforcement.

Report Urges More US Religious Engagement In Foreign Policy

The Chicago Council on Global Affairs yesterday released a task force report titled Engaging Religious Communities Abroad: A New Imperative for U.S. Foreign Policy. The 32-member task force includes former government officials, religious leaders, heads of international organizations, and scholars. Here is an excerpt from the Foreword to the 109-page report:

Religion has been rapidly increasing as a factor in world affairs, for good and for ill, for the past two decades. Yet the U.S. government still tends to view it primarily through the lens of counterterrorism policy. The success of American diplomacy in the next decade will not simply be measured by government-to-government contacts, but also by its ability to connect with the hundreds of millions of people throughout the world whose identity is defined by religion. Religious communities are central players in the counterinsurgency war in Afghanistan, development assistance, the promotion of human rights, stewardship of the environment, and the pursuit of peace in troubled parts of the world, but the United States lacks the capacity and framework to engage them.

The report includes a dissent and response among task force members on whether the Establishment Clause imposes restrictions on the way the U.S. pursues engagement with religious communities abroad.

The report is already controversial. Writing in the Washington Post, author Susan Jacoby says: "I have rarely read a document filled with more destructive premises and recommendations...." US Catholic says that the task force co-chairs and others involved in the report were scheduled to discuss its findings yesterday with Joshua Dubois, director of the White House Office of Faith-based and Neighborhood Partnerships.

European Human Rights Court Says Turkey Violated Rights In Conviction For Clothing

The European Court of Human Rights yesterday held that Turkey violated Art. 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights when it convicted members of a religious group known as Aczimendi tarikatÿ for the clothing they wore. According to the Court's press release on the decision:

In October 1996 they met in Ankara for a religious ceremony held at the Kocatepe mosque. They toured the streets of the city while wearing the distinctive dress of their group, which evoked that of the leading prophets and was made up of a turban, "salvar" (baggy "harem" trousers), a tunic and a stick. Following various incidents on the same day, they were arrested and placed in police custody.

In the context of proceedings brought against them for breach of the anti-terrorism legislation, they appeared before the State Security Court in January 1997, dressed in accordance with their group's dress code.

Following that hearing, proceedings were brought against them and they were convicted for a breach both of the law on the wearing of headgear and of the rules on the wearing of certain garments, specifically religious garments, in public other than for religious ceremonies.

The full opinion in Affaire Ahmet Arslan v. Turquie, (ECHR, Feb. 23, 2010), is available in French.

Oregon Senate Agrees With House That Teachers Can Wear Religious Garb

According to the Oregonian, yesterday by a vote of 21-9 Oregon's state Senate approved House Bill 3686 repealing an 87-year old ban on teachers wearing religious dress in the classroom. Beginning in the 2011-12 school year, teachers will be allowed to wear head coverings or other clothing in accordance with sincerely held religious beliefs. The state House of Representatives has already passed the bill, but it now goes back to the House because of two changes in wording made by the Senate. Opponents of the bill argued that a classroom should be a religiously neutral environment. (OPB News.) The new law (Sec. 659A.033(5)) does not require schools to accommodate religious garb if it "would would constrain the legal obligation of a school district, education service district or public charter school to: (a) Maintain religious neutrality in the school environment; or (b) Refrain from endorsing religion." [Thanks to Steven Green via Religionlaw for the lead.]

UPDATE: On Feb. 23, the House by a vote of 48-7, with 5 not voting, repassed the bill with the Senate amendments in it. It now goes to the governor for his signature. The Oregonian reports on the final vote, and the questions about the bill raised by even some who voted for it. Opponents predicted the bill will lead to numerous lawsuits.

Saudi Judges Can Require Women Witnesses To Unveil Faces For Identification

Today's Saudi Gazette reports that Sheikh Ibrahim Al-Haqeel, chairman of Saudi Arabia's Court of Grievances, speaking at a workshop said that judges now have the right to require Muslim women inside the courtroom to unveil their faces for identification purposes. The move is designed to prevent instances in which veiled women are falsely presented as wives or daughters in inheritance cases. The Court of Grievances is planning to employ women to check out identities before women present their cases in court. [Thanks to Crossroads Arabia for the lead.]

New USCIRF Executive Director Named

The U.S. Commission on International Religious Freedom announced on Monday that it has appointed a new executive director. The new top staff person is Jackie Wolcott, ambassador to the United Nations Security Council in the George W. Bush administration. Reporting on the appointment, World Mag suggests that Wolcott may be able to develop a stronger relationship with the State Department where she worked for nine years. The State Department in the past has ignored some of the recommendations of USCIRF as to the nations that should be designated as countries of particular concern because of their religious freedom restrictions.

Court Upholds School Board Invocations Under Legislative Prayer Precedents

In Doe v. Indian River School District, (D DE, Feb. 21, 2010), a Delaware federal district court upheld against an Establishment Clause attack the policy of the Indian River School Board to open its meetings with a prayer delivered by members of the school board on a rotating basis. Alternatively the board member may call for a moment of silence. Under the policy, the prayers offered may be sectarian or non-sectarian, so long as they are not used to proselytize anyone or disparage any particular belief. The court held that the Supreme Court's Marsh v. Chambers decision relating to legislative prayer applies to invocations at school board meetings, even though school students sometimes attend the meetings. Brief sectarian references in some of the prayers offered do not make Marsh inapplicable, so long as the prayer is not used to proselytize or advance religion. Yesterday's Wilmington News Journal reported on the decision, pointing out that other parts of the lawsuit challenging promotion of religious activities in the schools and at school activities were previously settled with a payment to plaintiffs and a revision of school policies. (See prior posting.)

Forsyth County Commissioners Will Appeal Prayer Ruling To 4th Circuit

The Winston-Salem Journal reports that Forsyth County, North Carolina's Board of Commissioners voted 4-3 last night to appeal a federal district court decision (see prior posting) holding that, as implemented, its policy of beginning meetings with prayers violates the Establishment Clause. Board Chairman David Plyer was the swing vote. He agreed to the appeal to the 4th Circuit only after assurances that it would not cost the county money to do so. Alliance Defense Fund is bearing the costs of defending the county and pursuing its appeal, but it will not cover plaintiffs' costs which the county may be ordered to pay if it loses. However the North Carolina Partnership for Religious Liberty has now pledged $300,000. WFMY News reported that before the Commission meeting, Christ Cathedral Church of Deliverance organized a prayer group outside the government building to urge the Board to appeal the case.

Court Rejects Free Exercise Challenge To SSN For Drivers License

In State of Montana v. Turk, 2010 Mont. Dist. LEXIS 18 (MT Dist. Ct., Jan. 12, 2010), a Montana state court rejected a claim by defendant Richard Turk that his rights under the U.S. and Montana constitutions were violated by the state's requirement that he present a social security number in order to obtain a drivers' license. Turk believes that his social security number is the Biblical mark of the beast, and that requiring him to use it violates the free exercise and establishment clauses. The court concluded that Turk had not shown that his belief is a central teaching of any religion. It also concluded that the requirement has a completely secular purpose and does not advance or inhibit religion. Calling Turk's claim a "bold proposition," the court affirmed his conviction and $45 fine (plus court costs) imposed by a Justice of the Peace for driving without a valid license.

ICANN Review Panel Finds US Religious Right Pressure In Denial of .xxx TLD

ICANN is a non-profit corporation charged with overseeing the protocols and domain names system of the entire Internet. Challenges to any of its actions can be submitted for an advisory arbitration opinion of an Independent Review Panel. In the first ever use of the review panel process, a Panel last week found that ICANN's board acted improperly in 2007 when, under pressure from the U.S. government and others, it reversed a decision it had reached earlier and refused to allow ICM Registry to introduce a new .xxx top level domain that would identify pornographic websites. In ICM Registry, LLC v. ICANN, (ICDR, Feb. 19, 2010), the Panel, in a 2-1 decision, concluded in part:

The volte face in the position of the United States Government ... appeared to have been stimulated by a cascade of protests by American domestic organizations such as the Family Research Council and Focus on the Family. Thousands of email messages of identical text poured into the Department of Commerce demanding that .XXX be stopped.... [W]hile officials of the Department of Commerce concerned with Internet questions earlier did not oppose and indeed apparently favored ICANN’s approval of the application of ICM, the Department of Commerce was galvanized into opposition by the generated torrent of negative demands, and by representations by leading figures of the so-called “religious right”, such as Jim Dobson, who had influential access to high level officials of the U.S. Administration.

Goldstein Report, Thinq.co.uk and The Domains all report on the Panel's decision. ICANN has links to all the pleadings and briefs in the proceedings. As a result of the decision, apparently ICM will begin offering .xxx top level domains later this year. (See prior related posting.)

Recycled Church Pews In Courtroom Challenged As Establishment Clause Problem

In Southaven, Mississippi, the city's seven-year old renovation of a former library into its municipal courthouse has led to an unusual Establishment Clause challenge. To save money, the city salvaged the pews from a church building it had purchased to turn into a performing arts center. The pews were used for seating in two of the municipal courtrooms -- 24 pews in one and seven in the other. Now, according to the Memphis (TN) Commercial Appeal and Memphis ABC24 News, a defendant in a disorderly conduct case has filed a motion to have the pews removed because they all have crosses engraved on each side.

Seventy year old Carroll Robinson, an agnostic and a paralegal student, says that the 62 crosses are an endorsement of a religion he does not believe in. He does not want to be judged in a courtroom that represents a specific religion. He says: "I'm afraid I couldn't get a fair trial because I am not Christian, but am agnostic." Mayor Greg Davis says he will not remove the seats, calling this another example of war on public expression of the Christian faith in America. The charges against Robinson grew out of an incident at a Walmart where he was wrongly accused of shoplifting by store security.

AU Charges Liberty University Violated Non-Profit Limits In Virginia Election Campaign

Americans United announced yesterday that it has asked the Internal Revenue Service to investigate whether Liberty University has violated its Section 501(c)(3) non-profit status by using the school's student newspaper to support one of the two candidates for a seat in Virginia House of Delegates last November. AU's letter (full text) to the IRS charges that University Chancellor Jerry Falwell, Jr. and others used the paper and other school resources to support the election of Scott Garrett over incumbent Shannon Valentine. Garrett won by 210 votes in a victory attributed to block voting by students, faculty and staff of Liberty University. [Thanks to Scott Mange for the lead.]

Draft Report on Reform of White House Faith-Based Office Released

The Washington Post reports that on Saturday the task forces created by the President's Advisory Council on Faith-based and Neighborhood Partnerships released their long-awaited report (full text Word doc.) on reform of the faith-based office. The task forces' 12 recommendations--explained at length in the report-- will be voted on later this week by the full Advisory Council before being sent to the President. Here are the recommendations:

1: Perform a strategic review of government-supported technical assistance and capacity building.
2: Convene and encourage learning communities of social service programs and providers.
3: Develop a strategy to partner with State, county, and city officials.
4: Strengthen constitutional and legal footing of partnerships, and improve communications regarding White House Office of Faith-Based and Neighborhood Partnerships and Agency Centers.
5: Clarify prohibited uses of direct Federal financial assistance.
6: Equally emphasize separation requirements and protections for religious identity.
7: State more clearly the distinction between "direct" and "indirect" aid.
8: Increase transparency regarding federally funded partnerships.
9: Improve monitoring of constitutional, statutory, and regulatory requirements that accompany Federal social service funds.
10: Assure the religious liberty rights of the clients and beneficiaries of federally funded programs by strengthening appropriate protections.
11: Reduce barriers to obtaining 501(c)(3) recognition.
12: Promote other means of protecting religious liberty in the delivery of government-funded social services.