Catholic Military Archbishop Issues Statement Opposing Repeal of "Don't Ask/ Don't Tell"

Congress moves closer to enacting a repeal of the military's "Don't Ask/ Don't Tell" policy that precludes service by openly gay and lesbian recruits. (Fox News, 5/28). Catholic Online today reprints a statement from Catholic Archbishop Timothy Broglio, Archbishop for the Military Services in the United States of America, opposing repeal of the current policy. He says in part:

Catholic chaplains must show compassion for persons with a homosexual orientation, but can never condone-even silently-homosexual behavior. A change might have a negative effect on the role of the chaplain not only in the pulpit, but also in the classroom, in the barracks, and in the office.

A more fundamental question, however, should be raised. What exactly is the meaning of a change? No one can deny that persons with a homosexual orientation are already in the military. Does the proposed change authorize these individuals to engage in activities considered immoral not only by the Catholic Church, but also by many other religious groups? Will there be changes in the living conditions, especially in the AOR?

There is no doubt that morality and the corresponding good moral decisions have an effect on unit cohesion and the overall morale of the troops and effectiveness of the mission. This Archdiocese exists to serve those who serve and it assists them by advocating moral behavior. The military must find ways to promote that behavior and develop strong prohibitions against any immoral activity that would jeopardize morale, good morals, unit cohesion and every other factor that weakens the mission. So also must a firm effort be made to avoid any injustices that may inadvertently develop because individuals or groups are put in living situations that are an affront to good common sense.

Presidential Proclamation Declares LGBT Pride Month; Conservative Christians Object

Last week, President Barack Obama issued a Proclamation (full text) declaring June 2010 as Lesbian, Gay, Bisexual, and Transgender Pride Month. According to Baptist Press yesterday, critics, such as Southern Baptist spokesman Bob Stith, charge that the Proclamation marginalizes the beliefs of conservative Christians. Stith also says: " Some of the most joyful, Christ-like Christians I know are those who've walked out of homosexuality." The Presidential Proclamation celebrates the expansion of federal hate crimes laws and proposals to bar sexual orientation and gender identity discrimination in core housing programs. It calls for additional reforms:

Much work remains to fulfill our Nation's promise of equal justice under law for LGBT Americans. That is why we must give committed gay couples the same rights and responsibilities afforded to any married couple, and repeal the Defense of Marriage Act. We must protect the rights of LGBT families by securing their adoption rights, ending employment discrimination against LGBT Americans, and ensuring Federal employees receive equal benefits. We must create safer schools so all our children may learn in a supportive environment. I am also committed to ending "Don't Ask, Don't Tell" so patriotic LGBT Americans can serve openly in our military, and I am working with the Congress and our military leadership to accomplish that goal.

Afghanistan Suspends Operations of Two NGO's on Proselytizing Charges

In Afghanistan, the government has ordered two NGO's-- Norwegian Church Aid and Church World Service-- to temporarily suspend their activities while charges that they proselytized Muslims are investigated by the National Security and Interior Ministries. IRIN and BosNewsLife today report that the charges grow out of videos aired by the privately owned Noorin TV allegedly showing several Afghan men converting to Christianity. Several hundred students at Kabul University yesterday demonstrated against the NGO's. The NGO's have denied the charges, and ACBAR, a consortium of NGO's, has filed a complaint with the Ministry of Economy (MOE) accusing Noorin TV of spreading negative propaganda about NGO's. Sediq Amarkhil, an MOE spokesman, says the TV channel has created the controversy for political gain, but that the NGO's licenses will be revoked, and possibly their officials will be punished, if the charges are found to be accurate. MOE has also set up a Commission with representatives from several Ministries to decide what to do as to the TV station if its charges turn out to be false.

Preliminary Injunction Sought In Challenge To Santa Rosa County Consent Decree

This past week end, Liberty Counsel filed a motion for a preliminary injunction (full text) in Allen v. School Board for Santa Rosa County, Florida, (ND FL, filed 5/30/2010). The lawsuit, filed last month, seeks to enjoin the Santa Rosa school board and superintendent from enforcing a consent decree they entered last year barring various religious practices in the schools. (See prior posting.) In the lawsuit, parents, teachers and students claim that the consent decree violates their First Amendment rights, and that it is now unenforceable because the original plaintiffs have graduated high school. According to yesterday's Northwest Florida Daily News, the motion for a preliminary injunction was filed now because the end of the school year and baccalaureate is approaching. One of the provisions of the consent decree bars the schools from sponsoring religious baccalaureate services. (See prior posting.) The motion seeks to enjoin enforcement of the consent decree pending a ruling on the request for a permanent injunction.

Another Lawsuit In Battle Between Neighboring Hasidic Synagogues

The long-running battle between two Hasidic synagogues in the town of Kiryas Joel, New York, has generated yet another lawsuit. Opponents of the village's chief rabbi had for 25 years been using the former living quarters of the chief rabbi (next to the main synagogue) as their own place of worship, operating under the name Bais Yoel Ohel Feige. However the main synagogue, Congregation Yetev Lev D'Satmar, convinced a state court last fall that the the dissidents' use of the former home as a place of worship requires a site plan review by the Village Zoning Board. (See prior posting.) The group finally stopped using the house in December after a state court judge threatened to jail their leaders for contempt. The group applied to the Zoning Board in February for approval to move back into the building. Yesterday's Hudson Valley Times Herald-Record reports that when the Village Zoning Board finally convened in April to consider the application, the Zoning Board members said nothing. Only lawyers and the village administrator spoke during the 90 minute meeting.

Now Bais Yoel Ohel Feige has filed a lawsuit claiming that the Zoning Board is improperly constituted. Zoning Board members also serve on the village Planning Board in violation of a federal court order barring village residents from serving on more than one village board at the same time. The lawsuit claims that since the village lacks a duly constituted Zoning Board, the court should hear the application to reopen the synagogue. Bais Yoel Ohel Feige argues further that use of the house as a synagogue is part of a broader 1975 approval of the site's use by the Town of Monroe.

Ahmadi Spokesman Says Pakistan Must Repeal Its Blasphemy Laws; USCIRF Agrees

Yesterday's Washington Post carries an op-ed by Nasim Rehmatullah, National Vice President of the Ahmadiyya Muslim Community, USA, decrying the terror campaign in Pakistan against Ahmadis. Last week an extremist attack against two Ahmadi mosques killed at least 80 people. (Washington Post.) Ahmadis consider themselves Muslim, but Pakistan's Constitution classifies them as non-Muslim, while a Pakistani law enacted in 1984 prohibits Ahmadis from building mosques or publicly declaring their faith. Rehmatullah writes: "the battle against Pakistan's extremists cannot be won unless all levels of government in Pakistan scrutinize and reform the laws and policies that give ammunition to these extremists. It is simply not enough to apprehend and uproot extreme groups ... without first addressing the root problem. America must push Pakistan's Parliament to repeal the anti-blasphemy laws in order to dismantle the extremist apparatus that endangers the world." (See prior related posting.)

Last Friday, the U.S. Commission on International Religious Freedom issued a release condemning the attacks against the Ahmadi mosques in Pakistan and calling for repeal of Pakistan's blasphemy laws. USCIRF said it

has documented systematic, ongoing, and egregious violations of freedom of religion in Pakistan for several years. Sectarian and religiously-motivated violence is chronic, and the government has failed to protect members of religious minorities from such violence and to bring perpetrators to justice. Religiously discriminatory legislation, such as anti-Ahmadi laws and the blasphemy law, foster an atmosphere of intolerance in the country and embolden extremists.

Court Issues TRO So Boy Can Wear Rosary To School

As it had previously threatened to do (see prior posting), yesterday the American Center for Law & Justice filed suit in a New York federal district court on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The complaint (full text) in R.H. v. Schenectady City School District, (ND NY, filed 6/1/2010), contended that the student's suspension violated his free speech and expression and free exercise rights. It also claims that the school's dress code is impermissibly vague. A few hours after the lawsuit was filed, the court issued a temporary restraining order (full text of TRO) barring school officials from preventing plaintiff from attending school while wearing a rosary outside his shirt. (ACLJ Press Release.) The ACLJ memorandum in support of the application for a TRO is also available online. Yesterday's Christian Post also reports on the TRO.

UPDATE: On June 9, the court issued an order (full text) consented to by both parties extending the TRO until September 10 while the parties work to resolve the matter over the summer. A hearing on plaintiff's motion for a temporary injunction was set for June 11.

Massachusetts Towns Taxing Closed Catholic Churches

Yesterday's Boston Globe reported that nine cities and towns around Massachusetts have forced the Roman Catholic Archdiocese of Boston to pay property taxes on closed churches, schools, convents, and parish halls. Tax assessors say that church property is exempt only if it is being actively used by the owner for religious purposes. These moves come as both cities and the Archdiocese face tight financial times. Churches in Scituate and Framingham being taxed have been occupied for years by former parishioners who object to their closing. Cities say that when the vigils are not approved by the Church, the building has lost its tax exemption. Estimating the value of church property can also be a difficult task. (See prior related posting.)

Australian State's Proposed New Curriculum Includes Creationism In History Course

In the Australian state of Queensland, a draft national curriculum scheduled to be introduced next year includes teaching about the controversy over creationism as part of the ancient history course. The Port Melbourne Herald Sun reported Sunday reports that the curriculum asks students to develop their historical skills in an "investigation of a controversial issue" such as "human origins (eg, Darwin's theory of evolution and its critics)." The draft curriculum is still open for comment by teachers. Kay Bishop, head of the Queensland History Teachers Association, said the curriculum opens opens opportunities for debate and critical thinking, and is not designed to press a particular view. [Thanks to Scott Mange for the lead.]

Pope Details Apostolic Visitation For Ireland To Focus On Sexual Abuse

Zenit reported yesterday on a Vatican Statement (full text) setting out the details of an Apostolic Visitation of certain dioceses, seminaries and religious congregations in Ireland this Fall. The Visitation is a further Vatican response (see prior posting) to a massive report issued by an Irish Commission last year on child abuse at Catholic institutions in Ireland from 1936 to the present. (See prior posting.) According to yesterday's Statement, the Visitor to each diocese or institution, who include the Archbishops of New York, Boston and Toronto:

will set out to explore more deeply questions concerning the handling of cases of abuse and the assistance owed to the victims; they will monitor the effectiveness of and seek possible improvements to the current procedures for preventing abuse, taking as their points of reference the Pontifical Motu Proprio "Sacramentorum Sanctitatis Tutela" and the norms contained in Safeguarding Children: Standards and Guidance Document for the Catholic Church in Ireland, commissioned and produced by the National Board for Safeguarding Children in the Catholic Church.

AP yesterday reported that U.S. victims' groups said the Church should have looked outside its own hierarchy in dealing with the issue. It also reported that the Pope has accepted the resignation of Irish-born archbishop Richard Burke who, as a priest in Nigeria, according to accusations, had a 20-year relationship with a woman that began when she was 14. Burke, who was previously suspended, claims he had sex with the woman only after she turned 18.

Court Enjoins Holding of Public School Commencement At Christian Chuch

In Does 1, 2, 3, 4, and 5 v. Enfield Public Schools, (D CT, May 31, 2010), a Connecticut federal district court issued a preliminary injunction barring Enfield Public Schools from holding 2010 graduation ceremonies for two high schools at First Cathedral, a Christian church in Bloomfield, CT. The court concluded that holding the ceremonies there would likely violate the Establishment Clause. It found that a reasonable observer attending graduation at First Cathedral, viewing the large cross on top of the building, a large cross on stage and other religious symbols in the building, would conclude that the Enfield Public Schools endorse the Christian religion. It is unlikely that the school board would be successful in covering or hiding all religious symbols in the building, and the school board's determining which symbols are religious and need covering creates excessive entanglement of government with religion. The perception of endorsement is furthered by the history of pressure exerted by the Family Institute of Connecticut in favor of the First Cathedral location. ACLU of Connecticut issued a press release reporting on the decision. (See prior related posting.) The Hartford Courant yesterday reported that the Enfield Public Schools will seek an expedited appeal of the decision to the 2nd Circuit. Graduation ceremonies are scheduled for June 23 and 24.

UPDATE: On June 2, Judge Janet C. Hall refused a request to stay the preliminary injunction. The school board plans to file an appeal after a formal vote at a meeting on June 3. (Hartford Courant.)

UPDATE 2: At the June 3 meeting, the Board voted 5-4 not to appeal the decision and to hold graduation ceremonies for the district's two high schools on school property-- either in the gymnasium or on athletic fields. However, even though the Board is not appealing the preliminary injunction, apparently the case will proceed in district court after this year's graduations are held. The school board's attorney said that the uncertainty and the cost to prepare alternative sites led to the decision not to appeal the order for ceremonies later this month. (ABP, June 4.)

Group Seeks To Place Christian Conservatives On California Lower Courts

Yesterday's Los Angeles Times reported on an unusual campaign to unseat four San Diego (CA) trial court judges in the June 8 primary. A group calling itself "Better Courts Now" is endorsing four Christian conservative candidates for Superior Court judgeships, saying it is attempting to unify the "moral vote" and make judges accountable. The movement was the brainchild of now-deceased Zion Christian Fellowship pastor Don Hammer who campaigned for California's Proposition 8, the ban on same-sex marriage. The socially conservative Better Courts Now is backed by pastors, gun rights advocates and opponents of same-sex marriage. One of the endorsed candidates, Craig Candelore, says: "We believe our country is under assault and needs Christian values. Unfortunately, God has called upon us to do this only with the judiciary." However,San Diego County District Attorney Bonnie Dumanis says that Better Courts Now threatens to undermine the independence of the judiciary.

UPDATE: None of the 4 Christian conservative candidates was successful in unseating the incumbent judges they were challenging. The challengers obtained only 35% to 40% of the vote in each race. (USA Today, June 9, 2010).

Presidential Proclamation and Address Mark Memorial Day

As the country marks Memorial Day, the Presidential Proclamation (full text) proclaiming this year's observance reminds Americans of both the legal and religious foundations for the day:

This Memorial Day, we express our deepest appreciation to the men and women in uniform who gave their last full measure of devotion so we might live in freedom. We cherish their memory and pray for the peace for which they laid down their lives. We mourn with the families and friends of those we have lost, and hope they find comfort in knowing their loved ones died with honor. We ask for God's grace to protect those fighting in distant lands, and we renew our promise to support our troops, their families, and our veterans. Their unwavering devotion inspires us all -- they are the best of America.

.... In honor of their dedication and service to America, the Congress, by a Joint Resolution, approved May 11, 1950, as amended (36 U.S.C. 116), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance.

The President's Weekly Address (full text) also focused on Memorial Day.

Egypt's Supreme Administrative Court Overrules Coptic Church On Remarriage Rights

Reuters and Al-Masry Al-Youm both report on a decision handed down by Egypt's Supreme Administrative Court on Saturday which undermines the Coptic Church's control over marriages of Christians. In an appeal by Coptic leader Pope Shenouda from a lower court decision, the Supreme Administrative Court ordered the Coptic Church to permit men in two separate cases to remarry after their divorces even though the remarriage was not permitted under Coptic Christian religious law. Coptic doctrine allows men to remarry only in cases of adultery or a marriage that was based on deceit. The Court said that family formation is a constitutional right and takes precedence over religious rights of the church.

Maldivian Shocks Audience By Annnouncing He Is Not Muslim; Some Call For Death Sentence

The Maldives Constitution, Sec. 9, limits citizenship to Muslims. Minivan News reported yesterday that 37-year old Mohamed Nazim shocked an audience during a question and answer period at a lecture Friday on "Misconceptions About Islam" delivered by a visiting Indian scholar. At the lecture, Nazim engaged in a long exchange (transcript) with speaker, Dr. Zakir Naik, in which Nazim announced that while he is "struggling to believe in religion," he considers himself a Maldivian, not a Muslim. This is apparently the first time ever that a Maldivian has publicly announced he is not a Muslim. After Nazim pressed the speaker on the penalty for apostasy, members of the audience tried to attack Nazim. Police escorted him out for his own protection and took him into custody.

Yesterday, the Islamic Foundation of the Maldives called for judges to give Nazim an opportunity to repent, and if he does not, then sentence him to death under Islamic and Maldivian law. According to Haveeru yesterday, Maldives Ministry of Islamic Affairs has asked police to investigate Nazim. The Criminal Court granted a warrant to extend Nazim's custody for five days. Meanwhile, the Ministry of Islamic Affairs is arranging to offer Nazim counseling to deal with his doubts about Islam. [Thanks to Scott Mange for the lead.]

Recent Articles of Interest

From SSRN:

• Michael J. Perry, Michael J., From Religious Freedom to Moral Freedom, (Religion and Human Rights, John Witte Jr. & M. Christian Green, eds., Oxford University Press, Forthcoming).
• Neil W. Netanel & David Nimmer, Is Copyright Property? The Debate in Jewish Law, (Theoretical Inquiries in Law, Vol. 12, No. 1, 2011).
• Michael J. Perry, Secular Worldviews, Religious Worldviews, and the Morality of Human Rights, (The Routledge Companion To Theism, Charles Taliaferro, Steven Goetz & Victoria S. Harrison, eds., Routledge, Forthcoming).
• Linda C. McClain, Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship, (Marriage and Divorce in a Multi-Cultural Context: Reconsidering the Boundaries of Civil Law and Religion, Joel Nichols, ed., Cambridge University Press, Forthcoming).
• Mirjam Künkler, The Special Courts of the Clergy (Dadgah-E Vizheh-Ye Ruhaniyyat) and the Repression of Dissident Clergy in Iran, (May 13, 2009).
• Claudia E. Haupt, Mixed Public-Private Speech and the Establishment Clause, (Tulane Law Review, Forthcoming).
• Joseph E. David, Legal Comparability and Cultural Identity: The Case of Legal Reasoning in Jewish and Islamic Traditions, (May 23, 2010).
• Dr. S. Magnet & Heather Ann Hillsburg, Protecting Children’s 'Best Interests': Mature Minors, Faith and Canadian Jurisprudence, (April 13, 2010).

From SmartCILP:

• Symposium: Scriptural Interpretation and Constitutional Interpretation. Introduction by Christopher C. Lund; articles by Samuel J. Levine, Ronald R. Garet, Patrick McKinley Brennan, Asifa Quraishi, Francis J. Mootz III, and related article by Frank S. Ravitch. 2009 Michigan State Law Review 273-385.

Rahm Emanuel's Son Has Bar Mitzvah In Israel Amidst Lawsuits

In Israel, court battles surrounded the Bar Mitzvah ceremony of Zach Emanuel, son of White House Chief of Staff Rahm Emanuel, along with the Bar Mitzvah of Zach's cousin Noah. As previously reported, right-wing activists who oppose President Obama's treatment of Israel threatened to protest the Bar Mitzvah if it was held at the Western Wall. Today's Jerusalem Post reports that police obtained a restraining order against Itamar Ben-Gvir, Baruch Marzel and Noam Federman. They were ordered not to come within 1,000 meters of Emanuel. The Bar Mitzvah ceremony itself was held Sunday morning at the Davidson Center at Jerusalem Archaeological Park, an excavation area near the Western Wall. At that site, the Emanuel's could have the ceremony without adhering to strict Orthodox customs. Women could take part and the Torah could be read on days other than the traditional days for public readings. In Northern Virginia, the Emanuel's belong to a Conservative synagogue. (Haaretz).

Meanwhile, according to JTA, activist Ben-Gvir filed a petition in the Jerusalem District Court for Administrative Affairs seeking to block the ceremony on the ground that the Davidson Center is not licensed to host catered events. However, the Jerusalem municipality said that no license is needed because only prayers will take place there. No reception with catering or music would be held at that site. (Jerusalem Post.) After the ceremony, the busload of guests went to Jerusalem's Alyn Hospital for physically disabled children to meet patients and bring them gifts. The Bar Mitzvah boys planted two olive trees on the hospital grounds, while other guests played ball with hospital residents. JWeekly reports that last Thursday Emanuel and his son met with Israeli President Shimon Peres and was given a kiddush cup and a book of psalms with a personal inscription as a Bar Mitzvah present.

Bangladesh Follows Pakistan In Temporary Ban On Facebook

BBC News reports today that Bangladesh has become the second country to block its residents' access to Facebook because of Facebook pages that carry drawings of the prophet Muhammad. Pakistan blocked access, at least temporarily, last week. (See prior posting.) A spokesman for the Bangladesh Telecommunications Regulatory Commission says the postings "hurt the religious sentiments" of Muslims. Facebook pages also carried offensive drawings of various Bangladeshi national leaders. Access will be reopened once the offensive pages are removed. Meanwhile in Pakistan, according to The News today, a suit was filed in the Lahore High Court seeking a total ban on access to Facebook and an order that no blasphemous material be displayed or broadcast in Pakistan.

Saudi Ministry Discourages Burials In Mecca and Medina

Zawya reported yesterday that Saudi Arabia's interior ministry has recently issued a circular discouraging Muslims from shipping bodies to the holy cities of Mecca or Medina for burial. The ministry said that Islamic law instead requires burial without delay where a person dies. Grand Mufti Sheikh Abdul Aziz al-Sheikh, the country's highest religious authority, said: "It will not reduce the sins of the dead to be buried in Mecca or Medina. Only their good deeds will accompany them to their graves."

Recent Prisoner Free Exercise Cases

In Nelson v. Hubbard, 2010 U.S. Dist. LEXIS 50549 (ED CA, April 27, 2010), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was restricted from practicing his religion, Asatru.

In Russell v. City of Philadelphia, 2010 U.S. Dist. LEXIS 50456 (ED PA, May 19, 2010), a Pennsylvania federal district court rejected an inmate's complaint that while he was in administrative segregation for one month, he was unable to participate in communion, listen to religious programs on a transistor radio or possess a Bible. Plaintiff failed to allege these temporary restrictions infringed his sincerely held religious beliefs.

In Niemczynski v. Arpaio, 2010 U.S. Dist. LEXIS 51318 (D AZ, May 24, 2010), an Arizona federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that his rights were violated when a sheriff ordered Christmas music played in a jail continuously for over 10 hours per day from mid-December 2008 to early January 2009. (See prior related posting.)

In Spurlock v. Gusman, 2010 U.S. Dist. LEXIS 51485 (ED LA, May 21, 2010), a Louisiana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 51518, May 5, 2010), and dismissed a complaint by a Baptist prisoner that prisons operated by the state had a wider array of religious activities than did his Parish prison.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 51471 (SD IL, March 31, 2010), a federal magistrate judge denied a preliminary injunction in a suit brought by a Satmar Hasidic Jewish prisoner who claimed his rights under RLUIPA were being infringed when he was preventing from observing various religious practices. The magistrate judge found that plaintiff failed to show he has suffered irreparable harm. On review, a federal district judge (2010 U.S. Dist. LEXIS 47715, May 14, 2010) questioned the finding of no irreparable harm and ordered defendants to respond before deciding the issue.

In Johnson v. McCann, 2010 U.S. Dist. LEXIS 51998 (ND IL, May 21, 2010), an Illinois federal district court dismissed a now-paroled Rastafarian prisoner's claims that his 1st Amendment, RLUIPA and equal protection rights were infringed when correctional officials forced him to cut off his dreadlocks.