Today Is 60th Anniversary of JFK's Speech Dispelling Concern Over Catholic As President

Today is the 60th anniversary of the historic speech (full text and audio) by then presidential candidate John F. Kennedy to the Greater Houston Ministerial Association aimed at dispelling concerns about a Catholic becoming President. Here are a few excerpts:

I believe in an America where the separation of church and state is absolute--where no Catholic prelate would tell the President (should he be Catholic) how to act, and no Protestant minister would tell his parishoners for whom to vote--where no church or church school is granted any public funds or political preference--and where no man is denied public office merely because his religion differs from the President who might appoint him or the people who might elect him....

Whatever issue may come before me as President--on birth control, divorce, censorship, gambling or any other subject--I will make my decision in accordance with these views, in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates. And no power or threat of punishment could cause me to decide otherwise.

But if the time should ever come--and I do not concede any conflict to be even remotely possible--when my office would require me to either violate my conscience or violate the national interest, then I would resign the office; and I hope any conscientious public servant would do the same.

But I do not intend to apologize for these views to my critics of either Catholic or Protestant faith--nor do I intend to disavow either my views or my church in order to win this election.

If I should lose on the real issues, I shall return to my seat in the Senate, satisfied that I had tried my best and was fairly judged. But if this election is decided on the basis that 40 million Americans lost their chance of being President on the day they were baptized, then it is the whole nation that will be the loser, in the eyes of Catholics and non-Catholics around the world, in the eyes of history, and in the eyes of our own people.

Fred Schwartz writes in yesterday's National Review on the background and impact of the speech. Meanwhile, former Pennsylvania Senator Rick Santorum, speaking last Thursday at the University of St. Thomas in Houston (full text of remarks), delivered a rare criticism of Kennedy's historic speech, arguing that "Kennedy chose not just to dispel fear, he chose to expel faith."

Appellate Court Grants Temporary Stay of Injunction Against Stem Cell Guidelines

On Thursday, the Court of Appeals for the D.C. Circuit granted a temporary stay (full text of order) of a district court order that had enjoined the Department of Health and Human Services from applying the Obama administration's guidelines expanding the availability of grants for embryonic stem cell research. (See prior posting.)  The court called for completion of briefing by the parties on the merits of a motion to stay the district court's injunction by Sept. 20.  Meanwhile, according to Science Insider, the NIH is expediting grant applications hoping to be able to disburse funds for 24 ongoing grants up for renewal in September and for 20 grant proposals that had passed the first stage of peer review, all before the Sept. 20 deadline that could bring reinstatement of the injunction. Meanwhile on Thursday, plaintiffs challenging the guidelines filed a motion for summary judgment with the district court, accompanied by a 64-page memorandum in support of their position. (Full text of motion and supporting memorandum.)

Obama Presses For Tolerance and Free Exercise Rights For U.S. Muslims

The U.S. today marked the ninth anniversary of 9-11, following what the New York Times described as an "impassioned call" by President Obama for better relations between Muslims and non-Muslims.  At his news conference on Friday (full text), the President gave lengthy answers to three separate questions on attitudes toward Muslims in the U.S.  Here is the Q&A:

Q    ... Nine years after the September 11th attacks, why do you think it is that we are now seeing such an increase in suspicion and outright resentment of Islam, especially given that it has been one of your priorities to increase -- to improve relations with the Muslim world?

THE PRESIDENT:  I think that at a time when the country is anxious generally and going through a tough time, then fears can surface, suspicions, divisions can surface in a society. And so I think that plays a role in it.

One of the things that I most admired about President Bush was after 9/11, him being crystal-clear about the fact that we were not at war with Islam.  We were at war with terrorists and murderers who had perverted Islam, had stolen its banner to carry out their outrageous acts.  And I was so proud of the country rallying around that idea, that notion that we are not going to be divided by religion; we’re not going to be divided by ethnicity.  We are all Americans.  We stand together against those who would try to do us harm. 

And that’s what we’ve done over the last nine years.  And we should take great pride in that.  And I think it is absolutely important now for the overwhelming majority of the American people to hang on to that thing that is best in us, a belief in religious tolerance, clarity about who our enemies are -- our enemies are al Qaeda and their allies who are trying to kill us, but have killed more Muslims than just about anybody on Earth.  We have to make sure that we don't start turning on each other.

And I will do everything that I can as long as I am President of the United States to remind the American people that we are one nation under God, and we may call that God different names but we remain one nation.  And as somebody who relies heavily on my Christian faith in my job, I understand the passions that religious faith can raise.  But I’m also respectful that people of different faiths can practice their religion, even if they don't subscribe to the exact same notions that I do, and that they are still good people, and they are my neighbors and they are my friends, and they are fighting alongside us in our battles.

And I want to make sure that this country retains that sense of purpose.  And I think tomorrow is a wonderful day for us to remind ourselves of that....

Q    ... [W]ere you concerned at all when you -- when the administration had Secretary of Defense Gates call this pastor in Florida that you were elevating somebody who is clearly from the fringe?...

THE PRESIDENT:  With respect to the individual down in Florida, let me just say -- let me repeat what I said a couple of days ago.  The idea that we would burn the sacred texts of someone else’s religion is contrary to what this country stands for.  It’s contrary to what this country -- this nation was founded on.  And my hope is, is that this individual prays on it and refrains from doing it.

But I’m also Commander-in-Chief, and we are seeing today riots in Kabul, riots in Afghanistan, that threaten our young men and women in uniform.  And so we’ve got an obligation to send a very clear message that this kind of behavior or threats of action put our young men and women in harm’s way.  And it’s also the best imaginable recruiting tool for al Qaeda.

And although this may be one individual in Florida, part of my concern is to make sure that we don’t start having a whole bunch of folks all across the country think this is the way to get attention.  This is a way of endangering our troops -- our sons and daughters, fathers and mothers, husbands and wives who are sacrificing for us to keep us safe.  And you don’t play games with that.

So I hardly think we’re the ones who elevated this story.  But it is, in the age of the Internet, something that can cause us profound damage around the world, and so we’ve got to take it seriously....

Q    Thank you, Mr. President.  I wonder if I can get you to weigh in on the wisdom of building a mosque a couple of blocks from Ground Zero.  We know that the organizers have the constitutional right.  What would it say about this country if they were somehow talked out of doing that?  And hasn’t the Florida minister’s threat to burn a couple hundred copies of the Koran, hasn’t the threat itself put American lives in danger, sir?

THE PRESIDENT: Well, on the second -- on your second question, there’s no doubt that when someone goes out of their way to be provocative in ways that we know can inflame the passions of over a billion Muslims around the world, at a time when we’ve got our troops in a lot of Muslim countries, that's a problem.  And it has made life a lot more difficult for our men and women in uniform who already have a very difficult job.

With respect to the mosque in New York, I think I’ve been pretty clear on my position here, and that is, is that this country stands for the proposition that all men and women are created equal; that they have certain inalienable rights -- one of those inalienable rights is to practice their religion freely. And what that means is that if you could build a church on a site, you could build a synagogue on a site, if you could build a Hindu temple on a site, then you should be able to build a mosque on the site.

Now, I recognize the extraordinary sensitivities around 9/11.  I’ve met with families of 9/11 victims in the past.  I can only imagine the continuing pain and anguish and sense of loss that they may go through.  And tomorrow we as Americans are going to be joining them in prayer and remembrance.  But I go back to what I said earlier:  We are not at war against Islam.  We are at war against terrorist organizations that have distorted Islam or falsely used the banner of Islam to engage in their destructive acts. 

And we’ve got to be clear about that.  We’ve got to be clear about that because if we’re going to deal with the problems that Ed Henry was talking about, if we’re going to successfully reduce the terrorist threat, then we need all the allies we can get.  The folks who are most interested in a war between the United States or the West and Islam are al Qaeda.  That’s what they’ve been banking on. 

And fortunately, the overwhelming majority of Muslims around the world are peace-loving, are interested in the same things that you and I are interested in:  How do I make sure I can get a good job?  How can I make sure that my kids get a decent education?  How can I make sure I’m safe?  How can I improve my lot in life?  And so they have rejected this violent ideology for the most part -- overwhelmingly.

And so from a national security interest, we want to be clear about who the enemy is here.  It’s a handful, a tiny minority of people who are engaging in horrific acts, and have killed Muslims more than anybody else.

The other reason it’s important for us to remember that is because we’ve got millions of Muslim Americans, our fellow citizens, in this country.  They’re going to school with our kids.  They’re our neighbors.  They’re our friends.  They’re our coworkers.  And when we start acting as if their religion is somehow offensive, what are we saying to them? 

I’ve got Muslims who are fighting in Afghanistan in the uniform of the United States armed services. They’re out there putting their lives on the line for us.  And we’ve got to make sure that we are crystal-clear for our sakes and their sakes they are Americans and we honor their service.  And part of honoring their service is making sure that they understand that we don’t differentiate between them and us.  It’s just us. 

And that is a principle that I think is going to be very important for us to sustain.  And I think tomorrow is an excellent time for us to reflect on that.

Meanwhile today, according to CNN, Rev. Terry Jones of the Dove World Outreach Center in Gainseville, Florida backed off his plans to burn copies of the Qur'an. The New York Times reported today on the efforts of many in Gainesville to repudiate the anti-Muslim threats by Jones.

British Sikh Sues Polish Border Guards Over Airport Search

Polskie Radio today reports that a British Sikh has filed suit (apparently in Polish courts) against  Polish border guards who required him to remove his turban during screening at the International Frederic Chopin Airport. Airport procedures call for security personnel to manually touch the turban and then use a special detector instead of requiring removal. Plaintiff, Shaminder Puri, who works for an NGO and the EU, asked the Polish ambassador to India and the head of Poland's Border Guards to investigate, but receive no satisfaction. Any damages Puri recovers will be donated to a charity for children who suffer from leukemia.

Algerian Police Charge Ten Men For Eating In Restaurant In Daytime During Ramadan

According to yesterday's Jerusalem Post, Algerian authorities in the town of Akbou have arrested ten men on charges of mocking Ramadan. The men were picked up in a restaurant in the province of Bejaya when neighbors complained they were desecrating Ramadan by eating during daylight hours. The restaurant owner said police entered the restaurant while its curtain was closed.  Human rights groups say the men have not committed any crime. All of the men have been released from jail pending a verdict expected to be handed down in November.

President Obama Sends Rosh Hashanah Greetings

Yesterday the White House released a statement from President Obama sending new year's greetings to Jews in the U.S. and around the world who celebrate Rosh Hashanah beginning this evening.  His statement (full text) said in part:

Rosh Hashanah marks the beginning of the spiritual calendar and the birth of the world....  At a time when too many of our friends and neighbors are struggling to keep food on the table and a roof over their heads, it is up to us to do what we can to help those less fortunate. At a time when prejudice and oppression still exist in the shadows of our society, it is up to us to stand as a beacon of freedom and tolerance and embrace the diversity that has always made us stronger as a people. And at a time when Israelis and Palestinians have returned to direct dialogue, it is up to us to encourage and support those who are willing to move beyond their differences and work towards security and peace in the Holy Land. 

Court Dismisses Complaint Over Homeowners' Association Order To Remove Cross

In Weatherspoon v. Provincetowne Master Owners Association, 2010 U.S. Dist. LEXIS 92187 (D CO, Sept. 2, 2010), a Colorado federal district court dismissed on collateral estoppel grounds a lawsuit charging, among other things, that a homeowners' association violated plaintiff's  free exercise rights when it enforced a covenant against her, requiring her to take down an 8-foot tall cross she had erected in her yard. A prior state court proceeding determined that in placing the cross in her yard without prior approval, the homeowner violated a religiously-neutral neighborhood covenant of general applicability.

Court Refuses To Lift Preliminary Injunction Against Stem Cell Funding Guidelines

D.C. federal district judge Royce Lamberth yesterday issued an order in Sherley v. Sebelius (full text) refusing to lift, pending appeal, his preliminary injunction against applying the Department of Health and Human Services' guidelines expanding permitted federal funding of human embryonic stem cell research. (See prior posting.)  Observing that "defendants are incorrect about much of their 'parade of horribles' that will supposedly result from the Court's preliminary injunction," the Order indicates that the preliminary injunction does not affect previously funded projects and does not deal with whether NIH could return to the narrower Bush administration guidelines. AFP reports on the decision.

Suit Charges Dearborn High School Principal With Discrimination Against Non-Muslims

A discrimination lawsuit was filed late last month by two Christian high school teachers against Imad Fadlallah, the now-retired principal of Dearborn, Michigan's Fordson High School, and against the school district. The complaint (full text) in Purcell v. Fadlallah, (ED MI, filed 8/27/2010), alleges that Fadlallah used his position as principal to promote Islam and to systematically weed out teachers, coaches and employees who are not Muslim or Arab. The complaint also makes repeated references to ties between Fadlallah's family and the terrorist group, Hezbollah. Among the incidents of harassment against non-Muslim teachers described in the complaint were scheduling classes for one plaintiff, a science and math teacher who was a diabetic, at the times he needed to eat and administer insulin. It charges that Fadlallah harassed the second plaintiff, a business and marketing teacher, by, among other things, assigning her to teach two classes that met at the same time at opposite ends of the school building. The 34-page complaint alleges numerous other incidents of harassment and discrimination in violation of the First and 14th Amendments and of various statutory and state constitutional protections. The lawyer who filed the suit on behalf of the teachers has issued a press release summarizing plaintiff's claims.

Secretary of State Clinton Hosts State Department Iftar

Secretary of State Hillary Rodham Clinton last night hosted the State Department's annual Iftar (Ramadan break fast). In her remarks (full text), she said in part:

Ramadan teaches and reinforces values that are honored by millions and tens and hundreds of millions of people from other faiths and beliefs. So tonight, while we celebrate together, let us consider how we can build broader and deeper bonds of mutual understanding, mutual respect and cooperation among people of all faiths in the year to come...

We sit down together for this meal on a day when the news is carrying reports that a pastor down in Gainesville, Florida plans to burn the Holy Qu’ran on September 11th. I am heartened by the clear, unequivocal condemnation of this disrespectful, disgraceful act that has come from American religious leaders of all faiths, from evangelical Christians to Jewish rabbis, as well as secular U.S. leaders and opinion-makers. Our commitment to religious tolerance goes back to the very beginning of our nation. Many of you know that in 1790, George Washington wrote to a synagogue in Newport, Rhode Island, that this country will give “to bigotry no sanction, to persecution no assistance.”

Among those attending the Iftar were 70 young American Muslim leaders. The Hill reported last week on the State Department's plans for yesterday's event.  

Court Dismisses Christian Pastors' Challenge To Hate Crimes Law

In Glenn v. Holder, (ED MI, Sept. 7, 2010), a Michigan federal district court dismissed on standing and ripeness grounds a challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that had been brought by several Christian pastors. Plaintiffs claim that the law interferes with their right to express opposition to homosexuals and homosexual behavior.  They allege that the Act is vague and overbroad, and will chill individuals from expressing their views that "homosexual orientation is morally wrong."  The court however did not reach the merits of those claims, finding instead that plaintiffs had failed to demonstrate that they faced a credible threat of prosecution under the Act.  No case or controversy exists because plaintiffs failed to allege that they intend to willfully cause bodily injury to anyone. The court also concluded that plaintiffs' claims are not ripe. They merely present hypothetical situations that plaintiffs believe will be investigated or prosecuted. Bay City (MI) Times reports on the decision.

Religion Becoming An Issue In Hawaii's Democratic Gubernatorial Primary

Religion is beginning to play an important role in Hawaii's Sept. 18 gubernatorial primary election. KITV News yesterday reported on ads and flyers by a group calling itself Island Values. Supporting Democratic candidate Mufi Hannemann over his opponent in the Democratic primary, Neil Abercrombie, flyers charge Abercrombie with mocking the faith-based community.  At issue is Abercrombie's support for same-sex civil unions. Gov. Linda Lingle vetoed a civil union bill this summer. (See prior posting.) An Island Values ad urges Christians who would otherwise vote in the Republican primary to instead take a Democratic ballot to vote for Hannemann.  Their radio ad says: "There are acceptable and unacceptable candidates. Neil Abercrombie is unacceptable. He declares no religious affiliation." Abercrombie says he was confirmed as an Episcopalian.

Tajikistan Continues Restrictions on Religion While Tajik Muslims Prefer Religious Dispute Settlement

Forum 18 last week reported that the government of Tajikistan is imposing ever tighter controls on religious activity in the country whose majority religion is Islam.  Invoking the ban on political organizations establishing mosques, the government has ordered the Islamic Revival Party to stop using its offices for prayers-- though the ban will not be enforced until after Ramadan. The country's Religious a\Affairs Committee has reaffirmed the 2009 ban on children taking part in the hajj pilgrimage to Mecca. Just before the beginning of Ramadan, authorities in the town of Panjakent banned the broadcast of Muslim prayers over loud speakers. Also a case against 17 Jehovah's Witnesses remains open.

Meanwhile, Radio Free Europe today reports that Muslims in Tajikistan are increasingly resorting to local mullahs who apply Sharia law to resolve disputes, particularly issues growing out of divorces. Individuals find this route faster and cheaper than state courts, and prefer the personalized approach of mullahs.  Also some state courts officials are corrupt, requesting bribes for specific decisions.

Petraeus Says Florida Church's "Burn a Qur'an Day" Could Endanger U.S. Efforts In Afghanistan

According to a report by ABC News yesterday, the plans of a pastor in Florida to hold a "Burn a Qur'an Day" at his church on the anniversary of 9-11 is now seen as a danger to U.S. troops in Afghanistan. (See prior posting.)  Some 500 people in downtown Kabul yesterday protested the plans of of Pastor Terry Jones of the Dove World Outreach Center in Gainesville, Florida. Gen. David Petraeus, the top U.S. commander in Afghanistan, said he is outraged by the Florida church's plans, and predicted that it could endanger troops and the overall U.S. effort in Afghanistan.

USPS Issues Postage Stamp Honoring Mother Teresa

On Sunday, the U.S. Postal Service issued a postage stamp honoring Mother Teresa.  Announcing the stamp last week, USPS said:

The U.S. Postal Service will pay tribute to Mother Teresa, who received the Nobel Peace Prize in 1979 for her humanitarian work. Noted for her compassion toward the poor and suffering, Mother Teresa, a diminutive Roman Catholic nun and honorary U.S. citizen, served the sick and destitute of India and the world for nearly 50 years.

According to a press release on Sunday, the stamp was issued during a special ceremony at the Basilica of the National Shrine of the Immaculate Conception in Washington, DC.  Postmaster General John Potter spoke at the ceremony. He was joined by a number of Catholic clergy, including Archbishop Pietro Sambi, apostolic nuncio to the United States. [Thanks to Pew Sitter for the lead.]

American Muslims Distressed Over Hostile Attitudes

Today's New York Times carries a front page article titled American Muslims Ask, Will We Even Belong?.  It focuses on Muslim distress over the hostile reactions triggered by the proposed Muslim cultural center near Ground Zero. Many Muslims interviewed are frightened  "to learn that the suspicion and even hatred of Muslims is so widespread."  According to reporter Laurie Goodstein, American Muslims:

liken their situation to that of other scapegoats in American history: Irish Roman Catholics before the nativist riots in the 1800s, the Japanese before they were put in internment camps during World War II. Muslims sit in their living rooms, aghast as pundits assert over and over that Islam is not a religion at all but a political cult, that Muslims cannot be good Americans and that mosques are fronts for extremist jihadis.

Eboo Patel, founder of Chicago's Interfaith Youth Core, says:

After Sept. 11, we had a Republican president who had the confidence and trust of red America, who went to a mosque and said, "Islam means peace," and who said "Muslims are our neighbors and friends," and who distinguished between terrorism and Islam. Now, unlike Mr. Bush then, the politicians with sway in red state America are the ones whipping up fear and hatred of Muslims. There is simply the desire to paint an entire religion as the enemy.

Israeli Politicians Debate Traditional Switch Off Daylight Savings Time For Yom Kippur

In Israel, members of the Knesset this week were engaged in debates over whether to continue the traditional practice in Israel of moving off daylight savings time beginning during the ten days between Rosh Hashanah and Yom Kippur. The motivation for the practice is to obtain an earlier sundown and thus end the Yom Kippur fast at an earlier hour-- though the move does not shorten the total number of hours in the day-long fast which would also begin earlier with the change. This year the Jewish High Holidays come particularly early. Yom Kippur falls on Sept. 18.  Business leaders say an early move to Standard Time costs the economy NIS 10M ($2.6M U.S.) and increases road accidents because of increased driving time in the dark. Israel is on Daylight Savings Time each year several weeks less than are the U.S. and Europe. Last week, some 100,000 Israelis signed an online petition urging the public to ignore the switch back to Standard Time. Interior Minister Eli Yishai suggested a compromise-- switch to Standard Time for Yom Kippur, and then go back to Daylight Savings Time the next week.

Department of Labor Blog Honors Ties Between Religion and Labor Movement

Today is Labor Day in the United States. On the official blog of the U.S. Department of Labor, Phil Tom, Director for DOL's Center for Faith-Based & Neighborhood Partnerships, recently posted his thoughts on Labor Day in a piece titled Keeping Faith In Labor. He writes in part:

Labor Day weekend is a time when faith communities and the labor movement celebrate their common bonds of equality, justice, dignity, and fair treatment for all workers. In fact, in 1909, the American Federation of Labor adopted the Sunday before Labor Day as "Labor Sunday" to honor the spirituality of the labor movement.

USA Today's Faith and Reason blog has more on Labor and religion.

Border Guard Survives Dismissal Motion In His Religious Discrimination Suit

In Israel v. Napolitano, (ND NY, Aug. 24, 2010), a New York federal district court refused to grant summary judgment to the Department of Homeland Security in a religious discrimination suit brought against it by a Jewish Customs and Border Protection Guard. Plaintiff Brian Israel alleged that over the course of his employment he was subjected to repeated anti-Semitic harassment by co-workers and supervisors, including swastikas being placed on his work locker. In 2007, Israel was fired, purportedly for his conduct following three separate altercations with the public.The court concluded, however, that "there is sufficient evidence from which a reasonable fact finder could conclude that Israel's removal resulted from religious discrimination." [Thanks to Steven H. Sholk for the lead.]

Recent Articles of Interest

From SSRN:

• Patrick Parkinson, Kim Oates & Amanda Jayakody, Breaking the Long Silence: Reports of Child Sexual Abuse in the Anglican Church of Australia, (Ecclesiology, Vol. 6, No. 2, pp. 183-200, 2010).
• Robert A. Kahn, Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada, (U of St. Thomas Legal Studies Research Paper No. 10-21, 2010).
• Peter G. Danchin, Islam in the Secular Nomos of the European Court of Human Rights, University of Maryland Legal Studies Research Paper No. 2010-41, Sept. 1, 2010).
• Geoffrey P. Miller, Sovereignty and Conquest in the Hebrew Bible, NYU School of Law, Public Law Research Paper No. 10-61, Sept. 3, 2010).
• Wilbren Van der Burg, Legislation on Human Embryos: From Status Theories to Value Theories, (Erasmus Working Paper Series on Jurisprudence and Socio-legal Studies No. 10-03, Aug. 30, 2010).
• Joshua Kleinfeld, The Concept of Evil in American and German Criminal Punishment, (August 25, 2010).

From SmartCILP:

• Melissa Lewis, The Regulation of Kosher Slaughter in the United States: How to Supplement Religious Law So As to Ensure the Humane Treatment of Animals, 16 Animal Law Review 259-285 (2010).
• Alexandra Lang Susman, Strings Attached: An Analysis of the Eruv Under the Religion Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act, 9 University of Maryland Law Journal of Race, Religion, Gender & Class 93-134 (2009).