Justice Stevens Announces Retirement

The Washington Post reports that today U.S. Supreme Court Justice John Paul Stevens notified President Obama that he will retire one day after the end of the current Supreme Court term. (Full text of Stevens resignation letter.) Justice Stevens religion clause jurisprudence is reviewed in the following articles: Eduardo M. Penalever, Treating Religion as Speech: The Religion Clause Jurisprudence of Justice Stevens (SSRN, November 2005); Christopher L. Eisgruber, Justice Stevens, Religious Freedom, and the Value of Equal Membership, 74 Fordham L. Rev. 2177 (2006); Robert F. Nagel, Justice Stevens' Religion Problem, (June/July 2003 First Things).

New Jersey Supreme Court Defines Cleric-Penitent Privilege

In a decision handed down Wednesday, the New Jersey Supreme Court, for the first time since N.J.S.A. 2A:84A-23 was amended in 1994, defined the scope of the cleric-penitent privilege. In State of New Jersey v. J.G., (NJ Sup. Ct., April 7, 2010), in a 6-1 decision, the court held that:

the cleric-penitent privilege applies when, under the totality of the circumstances, an objectively reasonable penitent would believe that a communication was secret, that is, made in confidence to a cleric in the cleric's professional character or role as a spiritual advisor.

At issue in the case is a conversation between a defendant accused of sexually abusing his daughters and a pastor that defendant had known for over thirty years. The state argued that the pastor was not acting as a spiritual advisor, but was acting to protect defendant's children. The court reversed and remanded the case since it was unclear whether the trial court had applied an objective reasonableness standard.

Justice Rivera-Soto dissented, arguing that the majority has "secularized" the privilege, based on an "unexpressed but nevertheless palpable fear of entangling itself in religious controversy." He urged a different standard: "in order for the cleric-penitent privilege to make sense, the question of whether the communication was made 'in confidence' must be informed and governed by the fundamental tenets and practices of the religious belief represented by the cleric and espoused by the penitent." He also objected that the parties had not been given an opportunity to develop their evidence in light of the new standard announced by the majority.

Anti-Abortion Tax Protester Sent To Jail In Canada

In Canada, a judge in Fredericton, New Brunswick has ordered anti-abortion tax protester, David Little, to jail for 66 days for refusing to pay $3000 in fines imposed when he was convicted of failing to file tax returns. According to yesterday's Winnipeg Free Press, Little, a 66-year old Roman Catholic, says he will never file a tax return so long as there is tax-funded abortion in Canada. He now faces a new charge for failing to follow a judge's order to file the past delinquent returns.

Priest's Suit Against Bishop Dismissed On Church Autonomy Grounds

A Nevada trial court has dismissed on church autonomy grounds a lawsuit brought by Rev. Richard DeMolen, a Catholic priest, against the Diocese of Reno and Bishop Randolph Calvo. The priest claimed that Bishop Calvo defamed him in a letter sent to parishioners. However the court said that the letter was part of the church's internal decision-making process. Fr. DeMolen was fired when he sought a court protective order after receiving a death threat he believed was from someone in the parish. According to yesterday's Reno Gazette Journal, the court held that the First Amendment precludes it from becoming involved in a contractual dispute between an employee and the religious organization that employs him.

British Nurse Loses In Bid To Wear Cross On Necklace

Earlier this week, an Employment Tribunal in Britain upheld a decision by a hospital banning Christian nurse Shirley Chaplin from wearing a cross on a chain around her neck. According to Wednesday's BBC News, the hospital's dress code bars front-line staff from wearing necklaces because patients might grab them. Chaplin argued that the ban prevents her from expressing her religious beliefs. However the Tribunal found no direct or indirect religious discrimination. Chaplin intends to appeal, saying that Christians feel "quite persecuted" by the decision.

Indian Court Rejects Government Involvement In Islamic Bank

In the Indian state of Kerala, a 2-judge bench of the High Court held that neither the state nor any of its instrumentalities may be involved with the creation of an Islamic banking institution. According to today's Business Standard and The Peninsula, the ruling came in a public interest lawsuit that alleged government involvement in a Shariah-compliant bank would amount to unconstitutional preference for one religion. The Kerala State Industrial Development Corporation (KSIDC) had planned to take a 13% interest in the Islamic bank. However under the ruling, promoters may go ahead and organize the bank without state involvement, so long as the proper procedures are followed and the required permissions obtained.

Claims Against Controversial School Teacher Continue After Summary Judgment Motion Is Denied

In Doe v. Mount Vernon City School District Board of Education, (SD OH, April 6, 2010), an Ohio federal district court ruled on several summary judgment motions in the lawsuit against controversial middle school science teacher John Freshwater by one of his students. The lawsuit alleged violations of the Establishment Clause. Four copies of the Ten Commandments were posted in Freshwater's classroom. He kept his personal Bible on his desk, and a box of Bibles were stored in the back of the classroom for use by the school's Fellowship of Christian Athletes. Freshwater was the faculty advisor to FCA. The student also alleged a battery growing out of an experiment with a Tesla coil which allegedly left a mark on his arm in the shape of a Christian cross. The court denied plaintiff summary judgment on these claims, finding there were genuine issues of fact as to whether the Establishment Clause was violated and as to whether the Tesla coil experiment constituted a battery. However the court dismissed Freshwater's counterclaims for defamation and intentional infliction of emotional distress. Yesterday's Mt. Vernon (OH) News reported on the decision. (See prior related posting.)

Federal Lawsuit Challenges Capital Appropriations To Religious Organizations

Chicago activist Rob Sherman has taken another step in his campaign to challenge the state legislative appropriations to houses of worship, parochial schools and religious institutions that were placed in last year's Illinois capital budget. (See prior posting.) On Wednesday he filed a federal lawsuit against the governor and two other state officials seeking to enjoin disbursement of appropriations to 155 groups, or to force recoupment of any funds already distributed. The lawsuit also raises questions about 20 other grants. The complaint (full text) in Sherman v. Quinn, (CD IL, April 7, 2010), alleges that these appropriations violate the federal Establishment Clause. It also alleges that they violate provisions of the Illinois Constitution that require public funds to be used only for public purposes (Art. VIII, Sec. 1), that prohibit forcing any person to support a place of worship (Art. I, Sec. 3), and bar appropriations in aid of any church or for sectarian purposes (Art. X, Sec. 3).

First Shariah-Compliant Space Satellite Insurance Policy Is Written

Yahsat, a satellite communications company owned by the government of Abu Dhabi, has broken new ground by purchasing a Shariah-compliant insurance policy as part of the insurance package on the two satellites it plans to launch in 2011. Space News reported yesterday that the policy supplements two larger conventional policies previously acquired. The new Shariah-compliant policy written by Abu Dhabi-based Methaq Takaful Insurance Co. was reviewed by a Shariah supervisory board to assure that it complies with Islamic law. The board also examined the intended use and customers of the satellites. The policy is seen as a prototype for future space insurance coverage in the Middle East and elsewhere in the Muslim world.

Possibility In Offing of Supreme Court Without Protestant Justices

NPR yesterday reported that with the anticipated retirement this year of U.S. Supreme Court Justice John Paul Stevens, the country for the first time may have a Supreme Court with no Protestant Justices. The two leading candidates to replace Stevens-- U.S. Solicitor General Elena Kagan and D.C. Circuit Judge Merrick Garland-- are both Jewish. If one of them is ultimately confirmed, the Court would have 6 Catholic and 3 Jewish justices.

Kenyan Religious Leaders Oppose New Draft Constitution

In Kenya, Cardinal John Njue of Nairobi, chairman of the Kenyan bishops' conference, and Rev. Peter Karanja , general secretary of the National Council of Churches say they will mobilize Christians to vote against Kenya's new draft constitution in the June referendum on it. Catholic News Service yesterday reported that the religious leaders object to the fact that the constitution would legalize abortion and would keep in place Islamic courts. However other religious leaders-- an Anglican archbishop and a priest known for his human rights work -- support the new constitution.

UPDATE: The Standard reported Thursday that church leaders are softening their opposition to the proposed constitution after a meeting with President Kibaki and Prime Minister Raila Odiga.
Church leaders and the President agreed to set up a committee to dialogue on controversial issues surrounding the proposed new constitution.

Vaccination Objection Held To Be Sincere, But Not Religious

In Caviezel v. Great Neck Public Schools, (ED NY, April 5, 2010), a New York federal district court refused to grant a preliminary injunction to force the Great Neck school system to grant plaintiffs an exemption from the requirement their child be vaccinated in order to enroll. The New York Public Health Law provides an exemption for children whose parents hold genuine and sincere religious beliefs against vaccination. The court concluded that while plaintiffs genuinely and sincerely oppose vaccination for their child, their objections are not "religious" in nature. Part of plaintiff's reasons involve safety concerns. Her other reasons are closer to a secular philosophy. She believes the human body is a perfect creation and we do not need to inject vaccines into it. Yesterday's New York Law Journal reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Ministerial Exception Precludes Wage and Hour Suit Against Scientology

In Headley v. Church of Scientology International, (CD CA, April 2, 2010), a California federal district court dismissed a claim by a Church of Scientology staff member that the Church violated state and federal labor laws. The court said:

Here, even if Plaintiff could establish the alleged federal and state labor law violations, there is no dispute that she: (1) was employed by a religious institution; (2) was chosen for her position based largely on religious criteria; and (3) performed religious duties and responsibilities. She worked for ... institutions within the Church of Scientology. She also was able to hold the positions she had with Defendants based largely on religious criteria, namely her commitment to 1,000,000,000 years of service to Scientology and the lifestyle constraints that come with being a member of the Sea Org.... Finally ... she performed various religious duties and responsibilities, most notably "auditing" and "cramming." For these reasons ... the ministerial exception would apply. Thus, her first cause of action fails.

According to AP's report on the decision, plaintiff alleged that she worked 100-hour weeks at almost no pay as part of Scientology's elite Sea Organization. (See prior related posting.) The Church of Scientology issued a press release on the decision.

Morocco Expels 50 Christians; US Government and Religious Group Protest

Morocco last month expelled around 50 Christians accused of proselytizing Muslims in violation of Moroccan law. (Moroccan authorities say the number was 27.) UAE's The National today reports that the expulsions include 16 staffers at the Village of Hope who were accused of using foster care as a cover for converting Moroccan children to Christianity. The Minneapolis Star Tribune yesterday reported that the expulsions targeted other foreign-run orphanages as well. The issue seems to be informal influence on the children by the Christian foster families, even though the children are formally taught the Qur'an in schools operated by the orphanages.

U.S. Ambassador to Morocco, Sam Kaplan, has urged that the aid workers be given due process rights. Kaplan is one of the few Jewish diplomats representing the U.S. in Arab countries. Morocco has a long tradition of tolerance of Jews and Christians, but the evangelical community sees the expulsions as a political gesture to Islamic fundamentalists. Nationals of Britain, Netherlands and South Korea were also expelled. Politicians and the media in the Netherlands also protested strongly. (Morocco Board News Service 3/10). [Correction.] Meanwhile, leaders of the Evangelical Church Alliance International met with the Ambassador of Morocco at the Moroccan Embassy in Washington, D.C. An Alliance press release reports they urged Morocco to adopt a clear definition of "proselytizing" to guide foreign Christians. It concludes that: "It was the consensus of the Evangelical leaders present that the Moroccan government understands our concerns and also wishes to strengthen the bonds of friendship that exist between us and to seek new and productive ways to keep the established bridges intact."

Australian Police Stop Crucifixion Reenactment As Offensive

Last Saturday, police in the Australian town of Geelong, Victoria, stopped a graphic depiction of Jesus' crucifixion being enacted in a busy shopping area. Police say the semi-nude Jesus covered with fake blood violated laws prohibiting offensive behavior in public. The Herald Sun and The Australian report that police stopped the performance 40 minutes into the one hour pageant after it apparently distressed young children watching. Church leaders plan to complain to Victoria's police chief about their treatment. Police reportedly later conceded the group was not technically breaking any law.

Blogger States Free Speech and Establishment Clause Claims

In Rich v. City of Jacksonville, (MD FL, March 31, 2010), a Florida federal district court refused to dismiss claims by a blogger in a lawsuit against a police officer and an assistant state attorney. Tom Rich began an anonymous blog on which he raised concerns about the pastor of First Baptist Church in Jacksonville. Police officer Robert Hinson, who was also on the pastor's security detail, opened an investigation in order to be able to subpoena Google and Comcast to discover the owner of the blog. Hinson obtained subpoenas from defendant Stephen Siegel in the Office of the State Attorney. After Hinson or Siegel told church officials that the blogger was Tom Rich, the church issued trespass warnings against Rich and his wife, barring them from church premises. (See prior posting.) The court concluded that, if proven, the allegations would support a finding that plaintiff's right to anonymous speech was infringed, and that the Establishment Clause was violated because defendants had no secular purpose for their actions. The court however dismissed another portion of the complaint on 11th Amendment grounds-- a damage claim against the state attorney in her official capacity. Yesterday's Florida Times-Union reported on the decision.

Complaint Filed Over Local Official's Washing of Government Employees' Feet

In St. Bernard Parish, Louisiana, the ACLU has sent a letter to Parish President Craig Taffaro complaining about the official's decision on the Thursday before Easter to wash the feet of Parish employees. WSDU News reported yesterday that Taffaro says he did not see the practice as a religious act, but as an act of public service. Taffaro also says that no employee was coerced into participating. The ACLU's letter argues that Taffaro is imposing his religion on government employees. Foot washing is practiced by certain Christian denominations based on words of Jesus in John 13: 14-17. (Background.)

Man Arrested After Suit Claims Religious Entitlement To Use Force At Abortion Clinic

In Plano, Texas, the FBI has arrested Erlyndon Joseph ''Joey'' Lo on charges of using interstate commerce to communicate a threat and threatening force to intimidate clients and employees of a reproductive health service. New York Times reported yesterday that the charges grew out of a class action lawsuit filed by the 27-year old Lo in Plano, Texas in which he threatened to use deadly force to stop an abortion at a named clinic in Dallas if the U.S. Supreme Court did not act immediately to stop abortion. He alleged:

My religious beliefs include the beliefs that an individual is alive at the moment of conception, abortion is murder and is the worst murder of all murders possible because these babies are completely defenseless, and I am entitled under my religious beliefs to use deadly force if necessary to save the innocent life of another.

The lawsuit was brought against the Supreme Court an asked for $999 trillion in damages. [Thanks to Scott Mange for the lead.]

Court Enjoins Military Base Rule That Bars Anti-Islamic Decals On Vehicles

In Nieto v. Flatau, (ED NC, March 31, 2010), a North Carolina federal district court enjoined officials at Camp Lejeune (NC) from enforcing a Base regulation prohibiting the display of extremist, indecent or racist messages on vehicles. Plaintiff was ordered to remove several anti-Islamic decals from his vehicle. The court concluded that the military base is a non-public forum. However it found that that the regulation was not applied in a viewpoint-neutral manner since pro-Islamic decals would be allowed. AP reported on the decision last week. (See prior related posting.) [Thanks to First Amendment Center via Charlotte E. Hunter for the lead.]

President Obama Hosts Easter Prayer Breakfast

The White House this morning hosted Christian leaders from across the country at an Easter Prayer Breakfast. In remarks delivered in the East Room (full text), the President said in part:

One of my hopes upon taking this office was to make the White House a place where all people would feel welcome. To that end, we held a Seder here to mark the first Passover. We held an Iftar here with Muslim Americans to break the daily fast during Ramadan. And today, I’m particularly blessed to welcome you, my brothers and sisters in Christ, for this Easter breakfast....

I can’t tell any of you anything about Easter that you don’t already know. (Laughter.) .... But what I can do is tell you what draws me to this holy day and what lesson I take from Christ’s sacrifice and what inspires me about the story of the resurrection.

For even after the passage of 2,000 years, we can still picture the moment in our mind's eye. The young man from Nazareth marched through Jerusalem; object of scorn and derision and abuse and torture by an empire. The agony of crucifixion amid the cries of thieves. The discovery, just three days later, that would forever alter our world -- that the Son of Man was not to be found in His tomb and that Jesus Christ had risen. We are awed by the grace He showed even to those who would have killed Him. We are thankful for the sacrifice He gave for the sins of humanity. And we glory in the promise of redemption in the resurrection.

And such a promise is one of life’s great blessings, because, as I am continually learning, we are, each of us, imperfect. Each of us errs -- by accident or by design. Each of us falls short of how we ought to live. And selfishness and pride are vices that afflict us all.