Thursday, September 16, 2010

Many In Britain Have Negative Attitudes Toward Pope's State Visit

Several stories yesterday outlined the negative feelings among many in Britain about the Pope's visit that begins today.  Aol News reports that a large percentage oppose the government's plans to pay for part of the Pope's security and hotels, as it does when any other head of state visits. Also advocates for clergy sex abuse victims plan demonstrations in London this week end. A piece by John Laughland, studies director at the Institute of Democracy and Cooperation in Paris, published by Newsmax is titled "Vatican Shocked At Britain's Hostile Reaction To Pope." Laughland argues that "Britain has become one of the most virulently anti-Christian countries in the world."

Parents Complain That High Schoolers Were Disciplines For Leaving Donuts and Religious Messages In Teachers' Lounge

In Roswell, New Mexico, 200 members of Church on the Move showed up at Tuesday's Roswell Independent School Board meeting to protest suspensions and detentions handed out to 25 students for leaving donuts with religious messages in the teachers' lounges of their high schools.  AP reported yesterday that the students are part of the church's ministry group known as Relentless in Roswell. The group has already filed an unrelated lawsuit against the school district after students were disciplined for handing out dolls in the form of fetuses, with a Bible verse and an ad for a pregnancy resource center attached. School rules bar advertising on high school campuses.

California Deputy Sheriff Sues County For Religious Discrimination Growing Out of Mel Gibson Arrest

Last week, Los Angeles sheriff deputy James Mee filed suit in California state court charging the Sheriff's Department with religious discrimination, retaliation and harassment growing out of Mee's arrest in 2006 of actor Mel Gibson on drunk driving charges. According to the complaint (full text) in Mee v. County of Los Angeles, (L.A. Super. Ct., filed 9/7/2010), When Gibson was arrested he launched into an anti-Semitic tirade against Mee, who is Jewish. Mee was ordered by his superiors to delete reference to Gibson's anti-Semitic statements in his report, and to file them as a confidential supplemental report. However 4 pages of the original report containing the anti-Semitic statements were leaked to the celebrity website TMZ.  Mee alleges that despite the fact that a number of non-Jewish deputies had access to the original report, only he was investigated for leaking it. Mee's complaint lists a string of negative employment actions taken against him, allegedly motivated by religious discrimination. Gibson had close ties with the sheriff and the Department, and went to the same church as one of Mee's supervisors. People and Malibu Surfside News both report on Mee's filing of his lawsuit last week.

Ugly Battle Between Bank and Synagogue Plays Out In Bankruptcy Court

Yesterday's Palm Beach (FL) Post reports on a rather ugly battle between a Chabad synagogue in Boynton Beach, Florida and Stonegate Bank that made the synagogue a $3.8 million loan in 2007 that was supposed to have been used to expand Chabad's campus. Chabad sued the bank in 2009 alleging that it failed to follow through with additional promised financing. In October, Stonegate Bank responded by filing suit to foreclose on the synagogue's assets (including its Torah scrolls and its members' pledges) to obtain repayment of the loan. In June 2010 the synagogue filed for Chapter 11 bankruptcy protection, which normally suspends lawsuits. However now the Bank has asked the bankruptcy court to allow it to proceed with the foreclosure action, arguing that the synagogue's bankruptcy petition was filed in bad faith.  The bank's motion to allow it to proceed was filed on Rosh Hashanah. A hearing on the motion is scheduled for Sept. 24, which is the Jewish holiday of Sukkot.  The synagogue's lawyer says the Rosh Hashanah filing was particularly disrespectful, and threatens to have a chilling effect on pledges that members usually make during this week's Yom Kippur holiday because those pledges are at risk of being diverted from Chabad to the Bank.

Indiana Church Sues Over Landmarking of Its Building

A Cumberland, Indiana church last week filed a federal lawsuit alleging that the decision by the Indianapolis Historic Preservation Commission to designate the church's property and building as an historic area infringes the Church's free exercise rights under the U.S. and Indiana constitutions and under RLUIPA, violates its free speech rights, denies the Church equal protection of the laws and amounts to an unconstitutional bill of attainder.  The complaint (full text) in St. John United Church of Christ v. Indianapolis Historic Preservation Commission, (SD IN, Filed Sept. 10, 2010), alleges that the church has a shrinking and aging congregation, that its building needs extensive repairs and  is costly to maintain, and that the church needs a new building to attract younger members. The church had negotiated a sale of its building to developers who would use the site for new construction. The proceeds of the sale were to be used to build on another site already owned by the church. However the county prevented the sale of the building by designating it a historic landmark. A press release from the Storzer & Greene law firm announced the filing of the lawsuit.

Wednesday, September 15, 2010

County Officials Again Wary of Sanitation Code Violations In Kaparot Ceremonies

As the Jewish holy day of Yom Kippur approaches (it begins Friday evening), authorities in Rockland County, New York are again expecting sanitation code violations to arise from the practice of many strictly Orthodox Jews to use live chickens in the traditional ceremony of kaparot. The ritual involves symbolic passing off of one's sins to the chicken which is then slaughtered. The bird is eaten or the meat is donated to the needy. According to an RNS article carried by the Oklahoman last week, in the ceremony in Rockland County each year, more than 10,000 chickens are slaughtered.  Health officials are trying to work with organizers of the ceremony, but as of last week had been unsuccessful in doing so.  Many observant Jews urge substituting money equal to the cost of a live chicken in the ceremony, and then donating those funds to charity. Rockland County health officials say that the ultra-Orthodox community has accumulated over $15,000 in fines since 2007 for code violations relating to the ceremony. (See prior related posting.)  Only about half the fines have been collected.

Pope's State Visit To Britain Begins Thursday

Pope Benedict XVI begins a four-day state visit to Great Britain tomorrow. The full schedule for the visit, which begins in Edinburgh with a visit to the Queen in the Palace of Holyroodhouse, is posted on the Vatican's website.Yesterday's Financial Times reports on some of the logistical issues faced by those planning the trip.  The Pope's trip will culminate in a ceremony in Birmingham on Sunday beatifying Cardinal John Henry Newman, a 19th century British theologian. Zenit yesterday published an interview with Francis Campbell, U.K. ambassador to the Holy See, who said that the U.K. attaches great importance to its relationship with the Holy See.

Israel's Interior Ministry Will No Longer Accept Online Payments On the Sabbath

Israel's Interior Ministry accepts online payments for various services, such as renewing a passport, replacing a lost identity card or obtaining a permit to hire a foreign worker.  Haaretz reported yesterday that Interior Minister Eli Yishai, of the religious Shas Party, has ordered that the Ministry's computers be reprogrammed so they will not accept payments on the Jewish Sabbath or Jewish holidays. Critics say the change is uncalled for since receipt of online payments does not require Ministry personnel to work on the Sabbath or holidays.

Justice Breyer Says 1st Amendment Protection of Qur'an Burning Is Unclear

U.S. Supreme Court Justice Stephen Breyer, in an interview broadcast on ABC News Good Morning America yesterday, said that whether burning the Qur'an is protected by the First Amendment is still an open question.  He told interviewer George Stephanopoulos: "[Justice] Holmes said [the First Amendment] doesn’t mean you can shout 'fire' in a crowded theater. Well, what is it?  Why?  Because people will be trampled to death.  And what is the crowded theater today?  What is the being trampled to death?'

Tuesday, September 14, 2010

France's Senate Passes Ban on Burqa and Niqab

France's Senate today, by a vote of 246-1, approved a bill banning wearing anywhere in public of garments such as the niqab or burqa that include a full-face veil.  The National Assembly, the lower house of France's Parliament has already approved the bill. (See prior posting.) According to BBC, the bill now goes to France's Constitutional Council which has one month to confirm the law's constitutionality. If it passes this hurdle, it will go into effect in six months, though it could also be challenged before the European Court of Human Rights in Strasbourg. Hours after the Senate's action, French police, in response to a bomb threat, evacuated the Eiffel Tower and the park around it. (CNN). It is not clear whether the threat was connected to the Senate's action.

UPDATE: To clarify the voting numbers, the French Senate has 346 members. (Wikipedia.) Most of the opposition Socialist senators abstained. They do not favor full-body veils, but oppose banning them through legislation. (Wall Street Journal).

Suit Seeks Religious Exemption From Catholic School For Immunization Requirement

Fox News yesterday reported on a lawsuit filed in a Nassau County, New York state court against a Catholic high school by parents of a 14-year old seeking to require the school to accept their religious objections to vaccination requirements and enroll their son.  The parents, Andrea and Paul Polydor, say they believe that immunizations defile bodies as created by God and show a lack of faith in God and his divinely created immune system. Kellenberg Memorial High School says state law requires a Certificate of Immunization before students can begin to attend classes. New York law does provide for religious exemptions if the school determines the objections are legitimate.

Australian University Suspends Lawyer Over Smoking of Bible And Qur'an Pages On YouTube

In Australia, the Queensland University of Technology has placed research lawyer Alex Stewart on leave after he posted a 12-minute video on YouTube showing him smoking what he says were grass clippings wrapped in pages of the Bible and the Qur'an. The video was titled "Bible of Koran--which burns best?" Today's London Telegraph describes the video on which Stewart, an organizer with the Brisbane Atheists, calls the Bible and Qur'an "just books."  Stewart now fears he will be fired over the video.  University vice chancellor Peter Coaldrake said: "There is no need for this kind of thing, just to create disunity and disharmony among people living in Australia."

Street Preacher's Lawsuit Challenges DeWitt, NY Noise Ordinance

Yesterday's Syracuse (NY) Post-Standard reports that a lawsuit has been filed in a New York federal district by a Christian preacher seeking to have the DeWitt, New York noise ordinance declared unconstitutional.  Traveling Catholic Christian evangelist Nicholas Auricchio was taken to a police station and cited last year for preaching in a loud voice on a public sidewalk. The charges were dropped within a month. The lawsuit claims that the ordinance's ban on any annoying sound that causes "public inconvenience, annoyance or alarm or disturbs the public’s peace, comfort or tranquility" violates Auricchio's free speech and free exercise rights.

9th Circuit Grants En Banc Review In Court Holding Cell Headscarf Case [corrected]

CBS 5 reported yesterday that the 9th Circuit Court of Appeals has granted en banc review in Khatib v. County of Orange. In the case, the 9th Circuit 3-judge panel, by a 2-1 vote concluded that a court house holding cell is not covered by the Religious Land Use and Institutionalized Persons Act. It therefore upheld the dismissal of a RLUIPA lawsuit filed by a Muslim woman who, on two occasions in a single day when the court was dealing with her probation violation, was required to remove her hijab (headscarf) for security reasons.(See prior posting.) [Note- an earlier version of this posting referred to the wrong circuit.]

Raelians Sue Pope Benedict XVI In British Court

In Great Britain, the European Raelian Movement has filed a lawsuit in Britain's High Court against Pope Benedict XVI charging him with violating international human rights law and committing genocide in Africa by continuing to claim that condoms do not prevent the spread of AIDS. According to a press release from the Raelian Movement, the complaint also alleges that the Vatican organized a disinformation campaign against Raelians in retaliation for the Raellians' attempt to call attention to the Catholic Church's child sex abuse scandal. Cardinal Ratzinger (now Pope Benedict) was in charge of dealing with the sex abuse scandal in the 1990's. The Raelian Movement believes that all life on earth was created thousands of years ago by extraterrestrial scientists  who were mistaken by our ancestors for gods.

Justice Department Sues California City Under RLUIPA Over Buddhist Temple Use Permit

A press release by the U.S. Department of Justice yesterday reports that the federal government has filed a lawsuit against the city of Walnut, California, charging that it violated the Religious Land Use and Institutionalized Persons Act when it refused to issue a conditional use permit to the Chung Tai Zen Center for it to operate a Buddhist house of worship on land it owned. The complaint charges that the Center's application was treated differently from that of other religious and non-religious groups. Until its denial in 2008 of the Center's application, the city had not refused to issue a conditional use permit to build, expand or operate a house of worship since 1980.

Monday, September 13, 2010

11th Circuit Rejects Free Exercise Challenge To City's Business Regulation

In Manseau v. City of Miramar, (11th Cir., Sept. 10, 2010), the 11th Circuit Court of Appeals dismissed a free exercise claim brought against the city of Miramar, Florida by a couple who were fined for a number of code violations for operating a commercial roofing business out of their residence.  Plaintiffs claimed that the citations and fines made them unable to practice their religion which was funded by their roofing business. The court, however, held that the code provisions regulating businesses were valid neutral laws of general application whose effect on religion was merely incidental.

Senegalese Court Convicts Muslim Holy Men of Violating Ban on Use of Children For Begging

Under pressure from human rights groups and U.S. foreign aid agencies, authorities in Senegal last month reversed a long-enrenched custom and banned marabouts-- Muslim holy men-- from enlisting children to beg for them.  Then, according to yesterday's New York Times, last week for the first time seven marabouts were convicted by a court in Dakar of violating the ban. They were given a rather light sentence of six months probation and a fine, but many see the move as revolutionary.  Human Rights Watch has estimated that there are as many as 50,000 children (called talibes), some as young as 4, on the streets of Senegal weaving in and out of traffic to beg for coins that they must then turn over to marabouts where they live. Supposedly the children are enrolled in schools teaching the Qur'an, but often they learn little. Observers are not sure whether last week's convictions are the beginning of a real enforcement effort or merely a symbolic gesture. The Koranic Teachers Association in the town of Louga called for Sengalese President Abdoulaye Wade to resign if the government insists on enforcing the ban on talibes.

Texas Gubernatorial Candidates Give Views On Teaching of Creationism/ Intelligent Design

The San Angelo (TX) Standard Times yesterday published responses of of Texas Gov. Rick Perry and his opponent in the November election, Houston Mayor Bill White, to questions on K-12 Education.  Both were asked: "Explain where you stand on evolution-creationism being taught in the schools."  Perry replied:
I am a firm believer in intelligent design as a matter of faith and intellect, and I believe it should be presented in schools alongside the theories of evolution. The State Board of Education has been charged with the task of adopting curriculum requirements for Texas public schools and recently adopted guidelines that call for the examination of all sides of a scientific theory, which will encourage critical thinking in our students, an essential learning skill.
His challenger, Bill White responded:
Educators and local school officials, not the governor, should determine science curriculum.
[Thanks to Scott Mange for the lead.] 

Turkish Voters Approve Constitutional Changes That Will Pack Court To Approve More Religious Accommodation

In Turkey yesterday, a 58% vote of the electorate approved a package of constitutional changes. Among them were ones that increase the number of judges on the country's Constitutional Court and give Parliament a greater say in appointing judges.  Yesterday's Toronto Globe & Mail reports that these changes pave the way for appointment of judges who will not strike down legislation accommodating religious practices, such as giving women the right to wear head scarves in universities.