Graduate Student Sues Over Attempt To Impose Remediation Plan To Change Her LGBT Beliefs

A graduate student in the counseling program at Augusta State University in Georgia filed a civil rights lawsuit Wednesday alleging that her free speech, free exercise, equal protection and due process rights were infringed by conditions imposed on her in order for her to remain in the University's program. The complaint (full text) in Keeton v. Anderson-Wiley, (SD GA, filed 7/21/2010), alleges that the school required student Jennifer Keeton to undergo a remediation program because her Christian beliefs regarding homosexuality are inconsistent with counsellor's' code of ethics and with research that shows that sexual orientation is not a lifestyle or choice, but is a state of being. The faculty claimed that Keeton's beliefs reflect an improper professional disposition toward potential gay and transgender clients. Keeton's attorneys also filed a memorandum in support of her motion for a preliminary injunction (full text). Alliance Defense Fund issued a press release announcing the filing of the case.

Florida Church Will Mark 9/11 With Burning of Qurans

Religion News Service reported yesterday that the Dove World Outreach Center, a non-denominational church in Gainesville, Florida, plans to host an "International Burn A Quran Day" on this year's anniversary of the 9/11 attacks. In response to a Facebook posting, people have been mailing Qurans to the church for it to burn. The church's pastor, Terry Jones, author of a book titled "Islam is the Devil," said that protests are a central purpose of his church. He said the goal is to give Muslims an opportunity to convert. This year, Sept. 11 coincides with the Muslim feast of Eid-al-Fitr.

Court Says Temple's Board Failed To Authorize Borrowings

In Brighton Way, LLC v. Queen Esther's Temple, Inc., (NY Sup. Ct., July 9, 2010), a New York trial court dismissed plaintiff's attempt to recover $140,000 allegedly due under a note from Queen Esther's Temple, a religious organization. The note was secured by a mortgage, and in a prior action the court held the mortgage failed to comply with provisions of the New York Not-For-Profit Corporation Law that requires court approval for a religious corporation to mortgage or sell its property. In that proceeding, the court found the entire transaction highly suspect, suggesting that the individual signing the note profited personally. Following that decision, plaintiff commenced an action to confirm the mortgage and note nunc pro tunc. However the court found no evidence that Board of Trustees of Queen Esther's Temple approved the mortgage or note, or authorized it to be signed by the individual purportedly signing as chairman of the board.

Group Asks IRS To Investigate Campaign E-mail By Non-Profit Religious Group

Americans United announced yesterday that it had sent a letter (full text) to the Internal Revenue Service asking it to investgate a non-profit group "Reclaiming Oklahoma for Christ." The 501(c)(3) group distributed an e-mail urging attendance at a June campaign rally for state Rep. Sally Kern who is running for re-election. The e-mail warned that the campaign pitted Kern, "an outspoken Christian, pro-family representative" against "an individual who has had a sex change operation" who was recruited by the "homosexual lobby" to run against Kern. Non-profit groups are precluded by federal tax law from intervening in partisan political campaigns.

Personhood Amendment Favored In Georgia Republican Primary Straw Poll

WTVM News and a press release from Georgia Right To Life report that in Tuesday's primary election in Georgia, the Republican primary ballot in 47 counties included a non-binding vote on a "personhood" amendment to the state constitution. The question read: "Do you support an amendment to the Georgia state constitution so as to provide that the paramount right to life is vested in each human being from the earliest biological beginning until natural death?" In Butts county, the Democratic primary ballot also contained the same question. The measure passed in every county. The lowest support was in DeKalb County (60%), while the highest support was in Jeff Davis County (92%). Georgia Right To Life plans to use the straw poll results to encourage the legislature to place a Personhood constitutional amendment on the ballot in 2012.

AJCongress, Leading Church-State Advocate, Suspends Operations After Financial Losses

Today's New York Jewish Week reports that the American Jewish Congress, an advocacy group known for its expertise on church-state issues, has suspended operations due to financial problems. AJCongress lost $21 million of its $24 million endowment in the 2008 Bernard Madoff Ponzi scheme. (See prior posting.) The AJCongress demise is also blamed on changes made in the 1990's by Jack Rosen, a successful businessman who served as president of the group. JTA reports that some activities by AJCongress continue with staff hoping that the organization is not totally dead. Controversy surrounds the Board's failure to unrestrict remaining funds to pay AJCongress employees before final layoffs last Thursday. (Forward). An op-ed published last week in the Forward traces the long history of AJCongress, including its leading role in supporting church-state separation in Supreme Court litigation. During the 1950's and 1960's, AJCongress' Leo Pfeffer was the pre-eminent church-state litigation strategist nationally for the Jewish community.

Nigerian Lawsuit Claims Ban on Child Marriage Restricts Muslims' Religious Freedom

In Nigeria earlier this month, the National Agency for the Prohibition of Traffic in Persons (NAPTIP) forwarded to the Attorney General for possible prosecution its findings that Ahmed Sani Yerima, former governor of Zamfara state and a member of the Nigerian Senate, violated the Nigerian Child Rights Act of 2003 when he married a 13-year old Egyptian girl after paying a very large dowry. (Next 7/21). Now, according to AFP and ThisDay, the Registered Trustees of Supreme Council for Sharia in Nigeria has filed suit in the Federal High Court seeking a declaration that Yerima's right to privacy and his right to practice his religion have been violated by NAPTIP's investigation and planned investigations by the National Human Rights Commission and parliament. The suit alleges that the Child Rights Act is unconstitutional because Muslim religious law permits Yerima to marry up to four wives with no restriction on age. The Sharia group's lawyer says that a Muslim may "even marry a child in the womb of her mother."

Court Refuses To Enjoin Graduation Ceremonies In Church Building

In Does 1, 7, 8 and 9 v. Elmbrook Joint Common School District No. 21, (ED WI, July 19, 2010), a Wisconsin federal district court refused to permanently enjoin a Wisconsin school district from holding graduation ceremonies in a church. The court rejected the claim of unconstitutional coercion, saying: "plaintiffs unease and offense at having to attend graduation ceremonies at the Church and face religious symbols, while in no way minor, is not enough." Responding to plaintiffs' argument that the practice amounted to government endorsement of religion, the court said:

the District's decision to hold graduation ceremonies and the senior honors event in a house of worship holds symbolic force. However, considering the totality of circumstances, the reasonable observer would fairly understand that the District's use of the Church for these events is based on real and practical concerns, and not an impermissible endorsement of religion.

Finally the court also rejected plaintiffs arguments of excessive entanglement and unconstitutional use of taxpayer funds to support religion. (See prior related posting.)

Spain Rejects Broad Ban on Burqa

AP reports that Spain's Parliament on Tuesday defeated a bill that would have banned women from wearing the burqa in any public place. The lower chamber defeated the bill by a vote of 183 no to 162 yes with 2 abstentions. However the ruling Socialist government, whose legislators opposed the total ban, plans to introduce a narrower bill this fall that would merely ban wearing the burqa in government buildings. Mansur Escudero, president of the Islamic Commission of Spain, said he does not know of any Muslim women in Spain who currently wear the burqa on a regular basis.

10th Circuit Makes Minor Changes In RLUIPA Zoning Opinion

On Monday, the 10th Circuit largely denied a petition for a limited panel rehearing in a RLUIPA church zoning case. In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, (10th Cir., July 19, 2010), the court made two modifications in its original opinion, changing language relating to the propriety of jury instructions. However the outcome of the case remained the same-- the court held that sufficient evidence was presented at trial to justify the jury's determination that the denial of a special use application to Rocky Mountain Christian Church violated the equal terms and unreasonable limitations provisions of RLUIPA. (See prior posting.) Yesterday's Longmont (CO) Times Call reported on the decision.

Germany Plans University Level Programs To Train Muslim Religious Leaders

Today's Chronicle of Higher Education reports on efforts launched in Germany to integrate its large, mostly-Turkish, Muslim population. A key part of the plan is to create a generation of German-trained imams. The German Council of Science and Humanities is creating a group of academic institutes at state-financed colleges to critically examine Islamic theology and teach it in a German university setting to future imams, male and female religious teachers, public intellectuals, scholars and faith-based social workers. The German Muslim community will have a substantial voice in the curriculum and management of the institutes.

Paper Carries Series On Conservative Christian Moves On Education In British Columbia

The Tyee this week is running a 5-part series excerpted from Marci McDonald's The Armegeddon Factor on how the Christian right is building political power in Canada. The articles focus particularly on the central role of British Columbia in the push to move Canada away from a secular public culture. Yesterday's installment focuses on the opposition by evangelical and Catholic parents to the introduction into B.C. schools of an elective course designed to combat homophobia and other bigotry, as well as battles over story books in elementary schools that depict gay families. Today's installment focuses on the rise of private religious schools in B.C. and Alberta, both of which give tuition assistance to children in accredited private schools. Tomorrow the paper will look at the rise of Christian home schooling in the province.

Indonesians Told To Shift Prayer Direction

Due to a mistake by the Indonesian Ulema Council, Indonesia's highest Islamic authority, Muslims in the country have been facing the wrong direction for prayers for several months. Today's New Zealand Herald reports that in March, the Council ruled that Mecca was due west of Indonesia. But that actually had worshippers facing southern Somalia and Kenya. Now the Council has revised its calculations and has ruled that worshippers should face northwest instead. Apparently the original error was caused by the Council acting too hurriedly. A senior Council cleric, however, assured Muslims that their prayers were heard even when they were facing the wrong way.

RLUIPA Lawsuit Challenges Delay In Formal Zoning Variance Denial

A RLUIPA lawsuit was filed last week against the Borough of Pemberton, New Jersey by the Apostolic Church of Deliverance that applied for a zoning variance over six months ago. According to a press release yesterday from Mauck & Baker, the law firm which filed the suit, Borough officials have clearly indicated that they will deny the application from the largely African-American church. However Pemberton continues to withhold publication of a formal zoning decision. Pemberton officials have instead urged the church to rent a local elementary school to use for worship services. The lawsuit seeks over $1 million in compensatory damages plus $1 million in punitive damages.

Syria Becomes First Muslim Country To Impose A Burqa Ban

Britain's Daily Star today reports that Syria has become the first predominately Muslim country to ban the wearing of the burqa in public. The ban will initially apply only in universities. The government ordered universities to ban niqab-wearing women from registering. However the government plans to extend the ban on wearing the full face veil to other places as well. Syria's government says that the Burqa encourages Islamic extremism. The ban does not apply to wearing of the hijab, or headscarf. Opponents of the ban say it violates freedom of religion and demonizes Muslims.

Evangelicals Are Backing Obama's Call For Immigration Reform

Today's New York Times reports that a group of influential Christian evangelical leaders are supporting President Obama's call for comprehensive immigration reform. The umbrella group, the National Association of Evangelicals, is in the lead. While these Christian conservatives are usually on the other side on most of President Obama's policies, here they agree with him and are openly supporting him through sermons, conference calls with other pastors, and Congressional testimony. Politically active Hispanic evangelical pastors are largely responsible for convincing other evangelical clergy that immigration reform should be a moral priority. (See prior related posting.)

New Holy See Permanent Observer To UN Named

Zenit reported yesterday that Pope Benedict XVI has named Indian-born Archbishop Francis Assisi Chullikatt, apostolic nuncio to Iraq and Jordan, as the new permanent observer of the Holy See at the United Nations in New York. He succeeds Archbishop Celestino Migliore.

GI's Who Oppose Homosexuality Beginning To Look At CO Status As DADT To End

The New York Times reported last week that the impending end of the military's "don't ask, don't tell" policy is creating a new group of putative conscientious objectors. The Center on Conscience & War, which counsels GI's seeking to become conscientious objectors, has begun to receive calls from members of the military who say they consider homosexuality an abomination and want to become a conscientious objector because they cannot serve alongside gay soldiers. J.E. McNeil, the Center's director, says that this sort of objection does not fit within the legal requirements to become a CO. That requires religious opposition to participating in war in any form. (50 USC App Sec. 456(j)). The military personnel here are not objecting to participating in war; they are objecting to those with whom they are participating.

Oklahoma's November Ballot Will Include Constituitonal Amendment To Bar Courts' Use of Sharia Law

Yesterday's Tulsa World reports that Oklahoma's Nov. 2 ballot will include State Question 755 which would amend the state constitution to prohibit state courts from considering or using international law or Sharia law. (Ballot language.) Titled by the legislature the "Save Our State Amendment" (full text of HJR 1056), the proposed amendment reads:

The courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this subsection shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.

State Rep. Rex Duncan who authored the proposal called it a pre-emptive strike since he is not aware of any Oklahoma case based on international or Sharia law. Razi Hashmi, executive director of the Oklahoma chapter of the Council on American-Islamic Relations, said the proposal is motivated by anti-Muslim bigotry.

Amicus Briefs In Snyder v. Phelps Now Filed With Supreme Court

Last week, the remainder of the amicus briefs in Snyder v. Phelps were filed with the U.S. Supreme Court. (Links to Briefs from SCOTUS Wiki, plus additional amicus brief not linked there.) In the case, the U.S. 4th Circuit Court of Appeals agreed with the Westboro Baptist Church and its leaders that a $5 million judgment against them growing out of their picketing of the funeral of Iraq veteran Matthew Snyder violated their free speech rights. (See prior posting.) Fifteen amicus briefs have been filed-- 5 supporting Matthew Snyder's family, 7 supporting Westboro Church's rights, and 3 in support of neither party. Yesterday's York (PA) Daily Record reports on why the 7 groups supported Westboro even though they strongly disagreed with the substance of its message.