Activist Challenges Illinois Tourism Grant To Restore Bald Knob Cross

Chicago activist Rob Sherman is pressuring a group that has restored the Bald Knob Cross of Peace, in the Ozark Mountains in southern Illinois, to return the $20,000 from a state grant that was used for part of the cost of the renovations. WSIL-TV reported yesterday that Sherman argues the grant to the Friends of Bald Knob Cross from the Illinois Department of Commerce and Economic Opportunity violates Art. X, Sec. 3 of the Illinois Constitution that prohibits state grants for sectarian purposes. The Cross, which stands 1000 feet above sea level was originally completed in 1963 and was a popular tourist attraction. It fell into disrepair and disputes arose among board members that led to litigation which was settled only at the end of 2008. The Cross was reconstructed last year. (History.) A member of the Bald Knob Cross Transitional Board says that the grant was given to promote tourism, and that it has brought hundreds of thousands of tourists to the hill outside Alto Pass, Illinois. Sherman says he will file suit if the funds are not returned within 30 days. He also urged return of $5000 that Union County contributed toward the Cross restoration.

Court Orders Hearing On Preliminary Injunction In Challenge To NY Housing Project

In Broadway Triangle Community Coalition v. Bloomberg, (Sup. Ct. NY, May 20, 2010), a New York state trial court ordered that a further hearing be held next month on a motion for a preliminary injunction to stop a housing development in the Williamsburg section of Brooklyn. Plaintiffs claim that the city's selection in a no-bid process of a Hasidic Jewish organization to develop affordable housing, along with related rezoning, violates the Equal Protection clauses of the U.S. and New York Constitutions, Title VI of the Civil Rights Act of 1964, the Federal Fair Housing Act, and the New York State and New York City Human Rights Laws. The suit grows out of long-running tensions between the Hispanic and the Hasidic communities in the area. (See prior posting.) Plaintiffs challenge a preference to be given to residents in a community district that is largely white, and also claim that plans to build primarily large apartments and to avoid high-rise buildings will favor Hasidic Jews who will not use elevators on the Sabbath and who generally have large families. Plaintiffs want to increase the height of planned buildings and add smaller apartments (which are in great demand on the Public Housing Waiting List). The New York Times last week reported on the court's decision.

Court Refuses To Add State As Party In Challenge To Released Time Program

In Moss v. Spartanburg County School District No. 7, 2010 U.S. Dist. LEXIS 51359 (D SC, May 25, 2010), a South Carolina federal district court has denied a motion by the Spartanburg (SC) School District to join the state of South Carolina as a defendant in the lawsuit against the school district over its released time program. The lawsuit is an Establishment Clause challenge to the school district's program of released time for religious education, under which grades assigned by the released time teachers are, without further review, added to the student's official school transcript and used to satisfy an elective requirement. (See prior posting.) The court concluded that the state is not a necessary party since the challenge is to the local policy as applied, not to the state statute. The court also denied permissive joinder because it is only available for plaintiffs to use. However, the court noted that the state, which has not attempted to intervene, may file an amicus brief, which would not jeopardize its sovereign immunity if it wishes to express its views. The court did agree that it would give the South Carolina Attorney General notice of the constitutional issue raised in the case.

New Controversy Over Muhammad Cartoon-- This Time In South African Paper

A new controversy over a newspaper's publication of a drawing of the Prophet Muhammad has erupted, this time over a cartoon published in the May 21 edition of South Africa's Mail & Guardian. As described by the paper's editor Nic Dawes, the cartoon shows "the Prophet Muhammad reclining on a therapist's couch and saying sadly 'Other prophets' followers have a sense of humour'." (Link to cartoon.) The Mail & Guardian reported last week that as the drawing was appearing, the Council of Muslim Theologians tried unsuccessfully to get a South African court to enjoin its publication. The Council said violent reaction to the cartoon was possible. The court refused to interdict publication because the cartoon was already available in the paper's online edition and at some outlets. The paper's editor defended the cartoon, drawn by Zapiro, as "a contribution to the global debate" about depictions of Muhammad. The award winning Zapiro's cartoons have offended many targets of his drawings. London's Guardian yesterday also reported on the controversy.

UPDATE: On May 28, cartoonist Zapiro responded to the controversy with a new cartoon strip depicting his "tough week." The strip does not contain any depictions of Muhammad. The Mail & Guardian on Thursday released a statement after meeting with members of the Muslim community agreeing to review its editorial policy "in light of the injury caused by the cartoon." During the review period it will not publish any depictions of Muhammad.

Proposed Amendment Would Allow Military Chaplains To Close Prayers With Sectarian Language

Rep. Michele Bachman (R-MN) has introduced in the House Rules Committee an amendment to H.R. 5136, the proposed 2011 Defense Authorization Act, that would give all military chaplains the prerogative, if called on to lead a prayer outside of a religious service, "to close that prayer according to the dictates of the Chaplain's conscience." (Full text of proposed amendment.) In the 2007 Defense Authorization Act, the House version included a provision to permit a military chaplain "to pray according to the dictates of the chaplain’s own conscience, except as must be limited by military necessity." (See prior posting.) This did not make it into the final bill. Bachman's current proposal focuses only on the closing of the prayer, not its entire content, and thus seems directed primarily at permitting the phrase "in Jesus name" to be added at the end. God and Country blog reports on the proposed amendment. The Secular Coalition yesterday issued a release opposing the amendment. [Thanks also to Scott Mange for a lead on this.]

UPDATE: Beliefnet reports that on May 27, Rep. Bachman's amendment was rejected by the House as not relevant to the bill.

Cuba's Raul Castro Negotiates With Catholic Church Over Political Prisoners

Yesterday's Miami (FL) Herald reports on talks held by Cuban leader Raul Castro with the Cuban Catholic Church's Cardinal Jaime Ortega on the fate of political prisoners. Analysts say the talks are noteworthy because they represent Cuba's acceptance of the Catholic Church as a middleman for the resolution of important issues in the country.

College Graduation Prayers Generate Faculty Complaints

The Montana ACLU has written higher education officials relaying complaints of several faculty at Montana State University-Northern over the invocation and benediction delivered at this year's graduation ceremony. (Full text of letter.) Pastor Tim Zerger, a Christian evangelical minister affiliated with Community Alliance Church, delivered prayers that were seen by numerous faculty as proselytizing. Faculty attendance at graduation is mandatory. The ACLU argues that the sectarian prayers violated both the federal Constitution's Establishment Clause, and Art. X, Sec. 7 of the Montana Constitution that provides in part: "Attendance shall not be required at any religious service. No sectarian tenets shall be advocated in any public educational institution in the state." A press release issued Tuesday by the ACLU says the group is asking the Montana University System Board of Regents to investigate and take action to prevent similar constitutional breaches in the future.

Church Members Fail To Show "Proper Purpose" To Inspect Certain Church Records

In Two Rivers Baptist Church v. Sutton, (TN App., May 20, 2010), 54 members of the church who had sued the senior pastor and other church officers in a dispute over governance of the church sought various church records under Tennessee's non-profit corporation law. The court held that the members may obtain certain basic records-- such as the charter, bylaws, resolutions and minutes-- which the statute gives them an absolute right to inspect. Enforcing the right does not entangle the court in religious affairs in violation of the ecclesiastical abstention doctrine. However, as to items such as accounting records and membership lists, the statute requires that members show a "proper purpose." The claim that the members were protecting their property rights in the church building and its funds did not meet this standard since members individually have no property right in the corporation's assets.

Times Square Bombing Suspect Gets Halal Food

AOL News reports that last week a federal magistrate judge granted a request by accused Times Square bomber Faisal Shahzad that he be served halal food at the federal-run Metropolitan Correctional Center in Manhattan. In federal prison, Muslims requesting a halal diet are served kosher food which meets the same criteria. The article gives details of a typical day's menu.

Military Religious Freedom Advocate Mikey Weinstein Profiled

Foreign Policy yesterday carried a profile of Mikey Weinstein, founder of the Military Religious Freedom Foundation. It says:

Although he is frequently attacked for waging a war on Christianity, all but a fraction of Weinstein's clients are practicing Catholics and Protestants of mainline denominations who claim to be targeted by proselytizing evangelical superiors. The root of the problem, Weinstein believes, is a cluster of well-funded groups dedicated to Christianizing the military and proselytizing abroad.

MMRF is currently preparing to file suit on behalf of Zachari Klawonn, a Muslim Army specialist at Fort Hood who says he has been harassed and threatened after the shooting massacre at Ft. Hood last November by Maj. Nidal Hasan. Klawonn says even before that, he constantly suffered cultural and religious discrimination. Commanders at Ft. Hood deny the charges, saying they have responded quickly to claims of anti-Muslim bigotry.

Hindu Group In India Opposes State's Construction of Buddha Park

In the Indian city of Patna (in the state of Bihar), the state government plans to tear down an old Hindu Shiva temple on the site of the former Bankipore jail in order to build a Buddha Park. Today's Times of India reports that Bharat Sadhu Samaj has decided to launch a statewide protest. It says the plans to build meditation centers and a 200 foot high statute of Buddha on 22 acres of state land is inconsistent with India's Constitution. Section 27 of India's Constitution provides: "No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination."

Group Urges States Not To Contract To Send Inmates To Planned Christian Prison

As reported last November, a non-profit Texas-based prisons ministry, Corrections Concepts Inc., plans to build a private all-Christian 600-bed prison in Wakita, Oklahoma. The facility will be for men near the end of their sentences who volunteer to be housed there and agree to participate in its program. The ministry has recently announced that discussions are underway with Oklahoma, Kansas and California regarding contracts to house their prisoners in the new facility. In a press release yesterday, Americans United said that it has written officials in the three states urging them to refuse to send prisoners to Corrections Concepts. The identical letters argue that state funding for prisoners in religious facilities would violate the Establishment Clause. The Oklahoma Department of Corrections has already decided not to send prisoners, bu discussions are continuing with the Oklahoma Office of Juvenile Affairs.

To Help In Deciding, Judge Visits Church Where Graduation Is Scheduled

In Bridgeport, Connecticut, federal district judge Janet Hall is hearing the lawsuit against the Enfield (CT) Public Schools brought by the ACLU and Americans United. The suit challenges Enfield's plans to hold this year's graduation ceremonies for two high schools in First Cathedral Church in Bloomfield (CT). (See prior posting.) Yesterday's Hartford Courant reported that Judge Hall, after hearing the last witnesses, took a tour of the Church, taking notes as she walked through. She was accompanied by court staff, lawyers for both sides, and two newspaper reporters. Much of the case apparently turns on the feasibility of the Church's removing or covering all the religious symbols.

Kenya Court Says Kadhis Courts Inconsistent With Other Parts of Constitution

In Kenya, the Nairobi High Court sitting as a Constitutional Court yesterday struck down the provision in the current Kenya Constitution that provides for Kadhis courts (Sec. 66). The court's opinion (excerpts) holds that Section 66 is inconsistent with Sec. 82 that bars discriminatory laws. Among the conclusions in the Court's 144-page opinion are:

the financial maintenance and support of the Kadhis' courts from public coffers amounts to segregation, is sectarian discriminatory and unjust ... and amounts to separate development of one religion and religious practice contrary to the principle of separation of state and religion (secularism) and is therefore contrary to the universal norms and principles of liberty and freedom of religion envisaged under sections 70, 78 and 82 of the Constitution....

the entrenchment of the Kadhis' courts in the Constitution elevates and uplifts the Islamic religion over and above the other religions in Kenya which is inconsistent with section 78 and 82 of the Constitution....

Yesterday's Daily Nation, reporting on the decision, says that the Court has raised a question about the scheduled August 4 referendum on a new Constitution, since that draft also includes Kadhis courts. (See prior posting.) The High Court in its decision held that whether provisions in the proposed document are a problem is not ripe for determination. The Daily Nation reports that opponents of the draft constitution are calling for an immediate suspension of the planned referendum.

UPDATE: The Daily Nation reports that on May 25, Kenya's Attorney General filed an appeal of the decision.

Suit Threatened Over Student Who Is Disciplined For Wearing Rosary Beads

The American Center for Law & Justice (press release) is threatening to file a lawsuit against Schenectady, New York school officials on behalf of a middle school student who was sent home for wearing a Rosary outside of his shirt. The plastic Rosary is made of light purple beads and a white Crucifix. The school's dress code defines items made of beads as gang-related symbols. According to a Demand Letter (full text) sent to the Oneida Middle School principal and other District officials, Raymond Hosier wears the Rosary in memory of his deceased brother and deceased uncle. The ACLJ letter argues that the school's dress code is unconstitutionally vague and, as applied, infringes Hosier's free speech rights.

School Responds To No-Prayer Injunction By Ending Review of Student Graduation Speeches

Earlier this month, an Indiana federal district court issued a preliminary injunction prohibiting the planned student-led prayer at suburban Indianapolis' Greenwood High School's upcoming graduation. The school conducts a student ballot at an assembly in which students vote on whether to have a fellow student deliver a non-denominational prayer at graduation. (See prior posting.) In response to the court ruling, the Greenwood Community School Corporation announced that this year school "officials will not review the speeches of the four student speakers which will allow them to voice their opinions with no restrictions." In the past, the school principal had reviewed a written copy of students' remarks. The school board statement urged speakers to be responsible and respectful of others. According to AP, school officials say speakers, however, will not be stopped even if they use profane language or deliver politically charged speeches.

Defendant Sentenced For Cyber Attack On Scientology Website

A press release from the Church of Scientology reports that yesterday a Los Angeles federal district court sentenced Brian Thomas Mettenbrink, convicted of engaging in a cyber attack on Scientology's website, to 12 months in prison and payment of $20,000 restitution. Judge Gary Allen Feess imposed a sentence that is an upward departure from the Federal Sentencing Guidelines to protect the public from further criminal conduct. Mettenbrink is the second member of the anti-Scientology group Anonymous to be sentenced for the January 2008 attack. (See prior posting.) The court also required that during probation after serving his prison sentence, Mettenbrink must remain at least 100 yards away from any Church of Scientology.

US Amicus Brief To High Court Favors Vatican In Abuse Lawsuit

Last week, the United States filed an amicus brief (full text) with the U.S. Supreme Court after being invited to express its views on whether certiorari should be granted in Holy See v. Doe, (Docket No. 09-1). In the case, the 9th Circuit held that the "tortious act" exception in the Foreign Sovereign Immunities Act means that the Vatican is not shielded from a claim by a victim of sexual abuse based on the doctrine of respondeat superior. That exception (28 USC 1605(a)(5)) allows a suit (with certain exceptions) against a foreign state for damages "caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment". (See prior posting.)

The United States in its amicus brief essentially sided with the Vatican, but urged that instead of granting a full hearing on the appeal, the Court should grant cert, vacate the judgment of the Court of Appeals and remand for further consideration. The U.S. urged, that if the Court is not willing to do this, it should deny certiorari. More specifically, the Justice Department argued that the 9th Circuit was wrong in holding that the sexual abuse was within the priest's "scope of employment" under Oregon law, a prerequisite for liability under the doctrine of respondeat superior. It argued further that the 9th Circuit "erred in conflating the FSIA's jurisdictional scope-of-employment inquiry with the separate question of respondeat superior liability under state substantive law." Today's Cath News reports on the filing of the brief.

Czech President, Prague Archbishop Sign Agreement On Joint Care of Cathedral

In the Czech Republic yesterday, an 18-year long dispute between the government and the Catholic Church over the ownership of St. Vitus Cathedral at Prague Castle was resolved with the signing of an agreement by Czech President Vaclav Klaus and Prague Archbishop Dominik Duka. Ceske Noviny yesterday reported that under the agreement, a council will be set up to provide for management of the cathedral. Its members-- government and church officials-- will be the holders of the seven keys to the room in the cathedral's St. Wenceslas Chapel where coronation jewels are preserved. In signing the agreement, President Klaus said:

The court dispute about the cathedral and some other real estate at Prague Castle has been terminated by the declaration we have just signed. As it has been for long past centuries, the state and the Catholic Church will by joint forces take care of the cathedral that they together consider an exceptional national symbol in its historical, spiritual and cultural sense.

(See prior related posting.)

Supreme Court Agrees To Review Arizona Tuition Tax Credit

The U.S. Supreme today agreed to review two consolidated cases involving an Establishment Clause challenge to Arizona's school tuition tax credit program. It granted certiorari in Arizona Christian School Tuition Organization v. Winn, (Docket No. 09-987, cert. granted 5/24/2010) and in Garriott v. Winn, (Docket No. 09-991, cert. granted 5/24/2010), consolidating the two cases for a total of one hour of oral argument. (Order List.) The cases were decided in a single opinion below. A 3-judge panel of the 9th Circuit found taxpayer standing and ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.) The 9th Circuit then denied en banc review, but with 40 pages of opinions. (See prior posting.) SCOTUS Blog has links to the petitions for and opposed to granting cert. and the amicus briefs.