National Day of Prayer Declared Unconstitutional

In an important decision yesterday, a Wisconsin federal district court held that the federal statute which designates the first Thursday in May as a National Day of Prayer violates the Establishment Clause. In Freedom From Religion Foundation, Inc. v. Obama, (WD WI, April 15, 2010), the court, in a 66-page opinion, concluded that 36 USC Sec. 119 goes beyond mere acknowledgement of religion. It endorses and encourages citizens to engage in prayer. Examining the legislative history of the law, the court said:

This legislative history supports the view that the purpose of the National Day of Prayer was to encourage all citizens to engage in prayer, and in particular the Judeo-Christian view of prayer. One might argue that members of Congress voiced secular purposes: to protect against "the corrosive forces of communism" and promote peace. That is true, but the references to these purposes do nothing to diminish the message of endorsement. If anything, they contribute to a sense of disparagement by associating communism with people who do not pray. A fair inference that may be drawn from these statements is that "Americans" pray; if you do not believe in the power of prayer, you are not a true American. Identifying good citizenship with a particular religious belief is precisely the type of message prohibited by the establishment clause.

Conceding that much of the controversy had resulted from activities of the private National Day of Prayer Task Force, the court said that "government officials, including former Presidents, have sometimes aligned themselves so closely with those exclusionary groups that it becomes difficult to tell the difference between the government's message and that of the private group."

The court concluded with this explanation of its holding:

Although the law does not always point in the same direction on matters related to the establishment clause, my review of that law requires a conclusion that 36 U.S.C. §119 is unconstitutional.

I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray. That is unfortunate. A determination that the government may not endorse a religious message is not a determination that the message itself is harmful, unimportant or undeserving of dissemination. Rather, it is part of the effort to "carry out the Founders' plan of preserving religious liberty to the fullest extent possible in a pluralistic society." .... The same law that prohibits the government from declaring a National Day of Prayer also prohibits it from declaring a National Day of Blasphemy.

It is important to clarify what this decision does not prohibit. Of course, "[n]o law prevents a [citizen] who is so inclined from praying" at any time.... And religious groups remain free to "organize a privately sponsored [prayer event] if they desire the company of likeminded" citizens.... The President too remains free to discuss his own views on prayer.... The only issue decided in this case is that the federal government may not endorse prayer in a statute as it has in §119.

AP reporting on the decision quotes a White House spokesman as saying that the President still plans to issue a proclamation to recognize a National Day of Prayer next month. The court in its decision stayed its injunction for the 30-day period during which an appeal may be filed, and for the peridod during which any appeal is pending. (See prior related posting.) [Thanks to Paul Ballard and Ira "Chip" Lupu for the leads.]

House Subcommittee Holds Hearing on Anti-Semitism

Yesterday the Subcommittee on International Organizations, Human Rights and Oversight of the House Committee on Foreign Affairs held a hearing on Combating Anti-Semitism: Protecting Human Rights. (Witness list.) Here are links to the prepared statements presented at the hearing by Subcommittee Chair Russ Carnahan; Special Envoy to Monitor and Combat Antisemitism Hannah Rosenthal; ADL Deputy National Director Kenneth Jacobson; AJ Committee Director of International Jewish Affairs, Rabbi Andrew Baker; Human Rights First CEO Elisa Massimino; and Simon Wiesenthal Center Associate Dean, Rabbi Abraham Cooper.

Magazine Explores Hipsters Intrusions Into Insular Hasidic Community

This week's New York Magazine carries an interesting article titled Clash of the Bearded Ones: Hipsters, Hasids and the Williamsburg Street. The lengthy article focuses on Williamsburg's Bedford Avenue bike lane as a symbol of the intrusion of modern hipsters into the insular New York Jewish enclave of Satmar Hasidim. These excerpts give the flavor of the article:

For a full year, the city seemed to ignore the hipster-Hasid war. Then, on December 1, 2009, came a sudden announcement. The Department of Transportation—under Janette Sadik-Khan, the bike-friendliest commissioner it’s ever had—was going to rip up "a small portion" of the lane.... Just about everyone’s assumption, including that of more than a few Hasids, is that Michael Bloomberg had needed the Satmars—who tend to vote enthusiastically and in a single block—in the upcoming election and that this was an easy bone to throw them.

On December 1, a crew of municipal workers descended on Bedford, sandblasting the lane and its stenciled biker figures off the asphalt. The next day, a group of three bike activists ... hit the street with aerosol cans and handmade stencils. According to Ben, more than a few Satmars saw them paint. "As they walked by, I made sure I said hello, explained to them that we’re not vandalizing the street, and asked if they wanted to help," he says. "At first, they were a little standoffish, but a couple of guys had a sense of humor about it."

.... Baruch Herzfeld, 38, is a classic macher and motormouth with a foot in both the Hasid and hipster worlds.... His real bread and butter is some sort of telephone-card business, which finances his largely nonprofit bike shop with the awesome name Traif Bike Gesheft—Unclean Bike Business. For South Williamsburg’s Hasids, Traif Bike Gesheft functions as a semi-secret window onto the larger world and a clubhouse of mild transgressions. Herzfeld rents bikes to Hasids at no cost, just to get them to venture beyond the neighborhood....

New "Church Project" Aims At Protecting Churches From Government Intrusion

Alliance Defense Fund yesterday announced its new "Church Project," an effort to "protect churches from excessive and unconstitutional government intrusion prohibited by the First Amendment." Kevin Theriot, who heads the Project, said: "Historically, the Church has been the moral and cultural conscience of the nation. Every day the Church is intimidated into silence on issues like life, liberty, marriage, and the family is another day the cultural erosion continues unchecked." ADF's Pulpit Initiative has been integrated into the broader Church Project. A new website set up for the project is aimed at educating pastors and religious leaders, and furnishing them with resources to defend their religious freedom.

Suit Challenges School's Refusal To Permit Church Related Flyers

A federal lawsuit was filed Tuesday against the Pulaski County, Arkansas Special School District on behalf of an elementary school student who, along with her mother, was denied permission to distribute flyers inviting other students to a swimming event sponsored by plaintiff's church. The complaint (full text) in A.W. v. Pulaski County Special School District, (ED AR, filed 4/13/2010), alleges that the school violated the free expression, free exercise and establishment clauses as well as the due process and equal protection clauses by permitting students and community groups to distribute other flyers, but banning those promoting a church-related event. Alliance Defense Fund issued a release announcing the filing of the lawsuit.

City Voters Approve Continuing Prayers To Open Council Meetings

On Tuesday, voters in Lancaster, California approved by a vote of more than 3-1 Nonbinding Measure I that calls for City Council to continue its present prayer policy. According to yesterday's Merced (CA) Sun-Star, the policy provides for clergy of different faiths to lead a prayer opening council meetings. Most of the invocations, however, have been sectarian Christian prayers. Mayor R. Rex Parris says that is not surprising since up to 90% of the community is Christian. The ACLU is considering filing suit over the city's prayer policy. Parris says he is confident the policy will be upheld in court. (See prior related posting.)

Milwaukee Reviewing Good Friday Closures

On Tuesday, the Freedom from Religion Foundation wrote Milwaukee (WI) Mayor Tom Barrett (full text of letter) complaining that the city acted unconstitutionally when it closed numerous city offices in observance of Good Friday. FFRF argued that the closures violate a 1996 federal district court ruling finding that Wisconsin's statute declaring Good Friday a legal holiday violates the Establishment Clause. According to the Milwaukee Journal-Sentinel, the Milwaukee City Attorney is reviewing the city's situation after receiving FFRF's letter.

Virginia High Court Hears Oral Arguments In Episcopal Church Split

The Washington Times has extensive coverage of the oral arguments presented on Tuesday in the Virginia Supreme Court in In re: Multi-Circuit Episcopal Church Property Litigation. (See prior posting.) Three of the Court's 8 justices had recused themselves. The remaining five justices pressed lawyers on whether Virginia's "Division Statute" applies to the case. The statute provides that if a "division" has occurred in a church, a majority of the congregation may decide to which "branch" the congregation shall belong. Lawyers argued over whether a "division" had occurred in the Episcopal Church, and whether the Convocation of Anglican Churches in North America (CANA) is a "branch" of the Church.

Court Rejects Establishment Clause Challenge To Housing Financing

In Glassman v. Arlington County, 2010 U.S. Dist. LEXIS 35745 (ED VA, April 12, 2010), a Virginia federal district court rejected an Establishment Clause challenge to county financing arrangements with the First Baptist Church of Clarendon (FBCC) for construction of an affordable housing complex. Plaintiff had alleged, among other claims, that FBCC had been overpaid for property it sold as part of the development plan, and that the housing units would have a "religious overtone" because they would be on church land and would share a lobby and entrance with the church itself. (See prior related posting.)

Student Paper Publishes Controversial Interview With Mike Huckabee

The College of New Jersey's student news magazine, The Perspective, last week reported on an interview with former Arkansas Governor and Republican Presidential candidate Mike Huckabee. In the interview, Huckabee took strong stands against same-sex civil unions as well as same-sex marriage, and expressed support for an Arkansas law that bars same-sex couples from adopting children or becoming foster parents. Huckabee, now a Fox News celebrity, said he believes an atheist could serve as President: "I'd rather have an honest atheist than a dishonest religious person," he commented. In a statement on Monday, Huckabee criticized the article as distorting and sensationalizing his views. The editor of The Perspective responded to Huckabee's criticism and posted a recording of the interview with Huckabee to counter the claim that Huckabee's statements were sensationalized.

New Source For Vatican Press Releases

A new source for news from the Vatican is now available. Vatican Information Service, the Holy See's Press Office, is making current and past news releases available in a blog format. VIS News is available in English, Spanish, Italian and French. According to Zenit yesterday, the new blog, which also links to the Vatican's Twitter and YouTube pages, not only features current news but has archived some 35,000 past Vatican news releases going back to 1999. A link to VIS News has been added to the Religion Clause sidebar under "Resources."

ABC Talks With Russian President About Religious Faith

ABC News yesterday reported on an extensive interview of Russian President Dmitry Medvedev by reporter George Stephanopoulos. Part of the interview focused on Medvedev's religious faith. ABC says:

Medvedev is his own man in another significant way. Unlike many of his predecessors, this Russian leader has publicly declared his faith. He was baptized a Russian Orthodox Christian when he was 23 years old.

Asked why he embraced religion when he was raised in a secular nation, Medvedev replied that he "needed it." "Why do people go to church?" he said. "They come because they feel a need, except if they're sightseeing. So at 23 I felt I needed it. I believe it's good for me, because afterwards my life changed.

"You don't really talk aloud about something like that because the religious feelings should be somewhere deep inside of you. If someone is displaying it, it's not really honest. It's more PR for yourself. But I believe religion is important for every person."

Dissolution Decree Lets Father Take Daughter To Church During Visitation Times

In a widely-followed divorce case, a Chicago trial judge yesterday as part of an opinion dissolving the marriage of Robert and Rebecca Reyes ruled that Robert can take their 3-year old daughter Ela to Catholic church services despite the objection of Rebecca. As reported by the Chicago Sun-Times, Robert converted to Judaism after Ela was born and the couple had agreed to raise Ela in the Jewish faith. However, after their separation, Robert returned to his original Catholic faith, claiming he had been pressured by his in-laws to convert. While dissolution proceedings were pending, Robert had Ela baptised, and in response Rebecca obtained a restraining order directing Joseph to only expose Ela to Judaism. All of this became the subject of much media coverage, largely instigated by Joseph. (See prior posting.)

In a 30-page dissolution judgment (full text), Cook County Circuit Court Judge Rene Goldfarb, focusing on the best interests of Ela, ruled that Rebecca would be given custody, but that Joseph will have visitation rights (including Christmas and Easter each year), and can take Ela to church during those times. In its opinion, the court said that Rebecca feared possible future confusion and harm if Ela was taken to church by her father. While the judge was highly critical of some of Joseph's behavior, she said no evidence was presented that taking the 3-year old to church is or would be harmful to her.

Obama's Statement Marking Yom Hashoah Is Released

On Sunday, President Obama issued a statement (full text) marking Holocaust Remembrance Day (Yom Hashoah). The observance date corresponds to the anniversary, on the Hebrew calendar, of the Warsaw Ghetto Uprising. (Background.) This year the observance was held on April 12. The President said in part:

On my visit to Buchenwald last year – and during my visit to Yad Vashem in 2008 – I bore witness to the horrors of anti-Semitism and the capacity for evil represented by the Nazis’ campaign to annihilate the Jewish people and so many others. But even at places like Buchenwald, the dignity and courage of those who endured the horrors of the Holocaust remind us of humanity’s capacity for decency and compassion.

The memories of the victims serve as a constant reminder to honor their legacy by renewing our commitment to prevent genocide, and to confront anti-Semitism and prejudice in all of its forms. We must never tolerate the hateful stereotypes and prejudice against the Jewish people that tragically continues to this day.

Meanwhile, CNN reports on a Tel Aviv University study released Sunday which shows that anti-Semitic incidents around the world more than doubled from 2008 to 2009. Part of the increase is attributed to Israel's operations in Gaza beginning in late 2008.

3rd Circuit: No Qualified Immunity In Suit Challenging Refusal To Issue "Choose Life" Plates

Children First Foundation, Inc. v. Legreide, (3d Cir., April 9, 2010), is a challenge to New Jersey's rejection of an application for the issuance of "Choose Life" license plates under the statute that permits issuance of special plates to members of non-profit groups. The trial court dismissed the complaint finding that defendants had qualified immunity. The U.S. 3rd Circuit Court of Appeals reversed and remanded, holding that here it is alleged that defendants engaged in viewpoint discrimination in rejecting the proposed plates. The ban on regulation based on the viewpoint or ideology of the speaker is clearly established. AP (via First Amendment Center) reported on the decision.

Campaign In Britain For Arrest of Pope Benedict

The London Telegraph reported Sunday on a campaign by well-known atheists Richard Dawkins and Christopher Hitchens to ask the Crown Prosecution Service to arrest Pope Benedict XVI on criminal charges under international law when he visits London on September 16-19. Hitchens and Dawkins are conferring with human rights lawyers on what charges can be brought against the Pope because of his alleged role-- when he was head of the Congregation of the Doctrine of Faith-- in delaying action against an American priest who had molested two boys. Lawyers argue that the Pope will not be able to claim diplomatic immunity because the Vatican should not be treated as a state under international law. [Thanks to Bob Ritter for the lead.]

Evangelicals Urge Christian Approach To Nuclear Reduction

As the Nuclear Security Summit convened in Washington, D.C. (White House statement), yesterday Ekklesia reported on the "Matthew 5 Project: Evangelicals for Nuclear Reduction." Evangelical leaders, including Rick Warren, have sent a statement (full text) to the President, Vice President, Secretaries of State and Defense, the Joint Chiefs of Staff and all members of Congress. The statement reads in part:

In order to safeguard life, liberty, community, and security for its own citizens and for the world, the United States must demonstrate moral leadership in protecting the human rights of the most vulnerable, strengthening the rule of law in the international community, and seeking diplomatic negotiations with allies and enemies alike..... We urge churches to teach members ethics for discernment, including just peacemaking practices based on the teachings of Jesus.... We encourage church groups to consider engaging in interfaith dialogue and witness, and in building international partnership with fellow Christians around the world. We call for governmental action to oppose the rise in global terrorism by working for international justice and peacemaking. We call for verifiable international reduction of nuclear weapons and other weapons of mass destruction. We affirm that overcoming the threat of global poverty, global warming, global terrorism, regional insecurity, and nuclear war requires international cooperation. We call for obedience to the Lordship of Christ in all that we do, including talking with an adversary and seeking to make peace.

UPDATE: Another Christian organization with significant evangelical support that is pressing for the abolition of nuclear weapons is the Two Futures Project, organized in 2009. (Faith in Public Life, April 2009). [Thanks to Kristin Williams for the lead.]

Vatican Posts New Guidelines On Clerical Sexual Abuse Investigations

Voice of America reported yesterday that the Vatican has posted simple new guidelines on its website outlining how complaints of clerical sexual abuse of minors are to be handled. The Vatican's Guide (full text) provides in part:

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF [Congregation for the Doctrine of the Faith]. The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims....

A Reuters report published in the New York Times says: "Although the rules are not new, their publication in a short, simple format reflects the Roman Catholic Church's determination to deflect criticism that its response to the sex abuse scandal has been bureaucratic, secretive and defensive."

Connecticut Bishops Oppose Ending Statute of Limitations On Child Sex Abuse Claims

CNN reported yesterday that Catholic Bishops in Connecticut are urging parishioners to strongly oppose a bill pending in the state legislature that would remove the statute of limitations in child sexual abuse cases. (Full text of HB 5473). A letter from the Bishops reads in part:

Over the past several years in states that have even temporarily eliminated the statutes, it has caused the bankruptcy of at least seven dioceses. House Bill 5473 would make Connecticut the only State without a statute of limitations. This bill would put all Church institutions, including your parish, at risk....

It is important to understand that the claims which could be made under House Bill 5473 might be 50, 60, 70 years old or older. Most often, these claims would be driven by a small number of trial lawyers hoping to profit from these cases. They would be difficult to defend because key individuals are deceased, memories have faded, and documents and other evidence have been lost.

The Diocese of Bridgeport has also posted A Call for Action and a FAQ about the bill.

Bangladesh High Court Says Women Employed In Education Cannot Be Forced To Wear Veil

Asia News reports that Bangladesh's High Court ruled on April 8 that women employed in public educational institutions may not be required to wear the veil, or hijab, against their will. The ruling came in a lawsuit filed after a local government official called the director of an elementary school a "beshya" (prostitute) for not wearing a veil. The High Court concluded that forcing a woman to wear a veil is a violation of basic human rights protected by the Constitution, and called on the Ministry of Education to implement the protection. Some fundamentalist Islamic groups criticized the decision as "a conspiracy to destroy Islam in Bangladesh." [Thanks to Institute on Religion & Public Policy for the lead.]