Geert Wilders Trial Halted Over Bias of Judicial Panel

The London Guardian reports that on Friday the trial in the Netherlands of far-right political leader Geert Wilders was halted as a separate panel of judges ruled that the panel hearing hate speech charges against Wilders was biased. Wilders is charged with inciting hatred and discrimination against Muslims after urging that the Qur'an be banned (see prior posting) and production of a film titled Fitna.  Distributed online, the video equates Islam with violence. (See prior posting.) The move to disqualify the judicial panel came after it refused to permit Wilders to call as a witness a Dutch professor of Arabic studies, Hans Jansen.  Originally the Dutch prosecution service refused to file charges against Wilders, but an appeals court ordered charges to be brought. (See prior posting.) Now it appears that Tom Schalken, one of the appeals court judges who was involved in issuing that order, had dinner with Prof. Jansen and tried to convince him of the correctness of the decision to press charges against Wilders.

Fired Muslim Truck Driver Sues For Failure To Accommodate Religious Beliefs

Philadelphia Daily News on Friday reported on an employment discrimination lawsuit filed in federal court in Pennsylvania by a Muslim man who was fired from his job as a truck driver because he refused to transport a shipment of Miller Lite beer.  Plaintiff Vasant Reddy claims that when he was hired, Schneider National, Inc. told him they could accommodate his religious objections to transporting alcohol or tobacco. However two days after Reddy refused to transport a shipment of alcohol, he was told to resign or be fired.  Reddy's attorney claims that accommodation would not be difficult because less than 5% of Schneider National's shipments are of alcoholic beverages.

Catholics' Challenge To Critical San Francisco Resolution Dismissed By En Banc 9th Circuit

In Catholic League for Religious and Civil Rights v. City and County of San Francisco, (9th Cir., Oct. 22, 2010), the U.S. 9th Circuit Court of Appeals yesterday, en banc, dismissed a lawsuit brought by the Catholic League and two individual Catholics challenging on Establishment Clause grounds a resolution passed by the San Francisco (CA) Board of Supervisors. The Resolution, adopted in in 2006, "urg[ed] Cardinal William Levada ... to withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households." A 3-judge panel of the 9th Circuit had dismissed the case. (See prior posting.)  A majority of the eleven judges of the 9th Circuit en banc agreed that the case should be dismissed-- 5 would dismiss on standing grounds (without reaching the merits) and 3 would dismiss on the merits.  Conversely 6 judges concluded that the plaintiffs had standing, but only 3 concluded that plaintiffs should have prevailed on the merits.

Judge Kleinfield, joined by Judges Thomas, Silverman, Clifton, Bybee and Ikuta, comprised the majority finding standing.  Judge Kleinfield wrote:

The standing question, in plain English, is whether adherents to a religion have standing to challenge an official condemnation by their government of their religious views, and official urging by their government that their local religious representative defy their church. Their “personal stake” assures the “concrete adverseness” required.... Plaintiffs aver that not only does the resolution make them feel like second-class citizens, but that their participation in the political community will be chilled by the City’s hostility to their church and their religion.

Judge Graber, joined by Chief Judge Rymer and Judges Kozinski, Hawkins and McKeown would have dismissed on standing grounds. Judge Graber wrote:

I agree with the District of Columbia Circuit that, "[w]hen plaintiffs are not themselves affected by a government action except through their abstract offense at the message allegedly conveyed by that action, they have not shown injury-in-fact to bring an Establishment Clause claim."

On the merits, Judge Silverman, in an opinion joined by Judge Bybee and Ikuta, concluded:

duly-elected government officials have the right to speak out in their official capacities on matters of secular concern to their constituents, even if their statements offend the religious feelings of some of their other constituents. The key here is that the resolution in question had a primarily secular purpose and effect and addressed a matter of indisputably civic concern.

However Judge Kleinfield, joined by Judges Thomas and Clifton, wrote:

We have not found another Establishment Clause case brought by people whose religion was directly condemned by their government.... For the government to resolve officially that "Catholic doctrine is wrong," is as plainly violative of the Establishment Clause as for the government to resolve that "Catholic doctrine is right."

SF Appeal today reports on the decision. [Corrected].

Ohio Middle School Science Teacher Drops Suit Over His Firing For Promoting Religion

Today's Mount Vernon (OH) News reports that on Thursday, Ohio middle school science teacher John Freshwater and his wife filed a stipulation along with the Mount Vernon (OH) school board asking an Ohio federal court to dismiss Freshwater's religious discrimination and other claims. Freshwater was fired for posting copies of the Ten Commandments in his classroom, refusing to remove his personal Bible from on his desk, and a storing a box of Bibles in the back of the classroom for use by the school's Fellowship of Christian Athletes. It was also claimed that an in-class experiment with a Tesla coil left a mark on a student's arm in the shape of a cross. (See prior posting.)  No settlement was reached between the parties in the case, but apparently Freshwater has run out of funds and is now hoping to prevail when a referee issues a decision in his administrative appeal of his firing. The referee heard 38 days of testimony. Referring to the fact that the school board has not paid anything in settlement to him in exchange for his dropping the case, Freshwater said: "We have already spent our life savings and have pledged our farm to get to the truth. It is better to leave the money on the table than to take the Bible off of my desk." The school's attorney said there was never any monetary settlement offer for Freshwater to reject.

Cert. Petition Filed In "Ministerial Exception" Case

Yesterday a petition for certiorari (full text) was filed in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC.  In the case, the U.S. 6th Circuit Court of Appeals held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act. They are not "ministerial employees" who are excepted from coverage. (See prior posting.) The Becket Fund issued a press release announcing the petition seeking Supreme Court review. [Thanks to Douglas Laycock for the lead.]

Tax Exempt Status of Prayer Breakfast Sponsor Challenged

According to the Washington Post last week, an Ohio-based clergy group, ClergyVOICE, filed a complaint with the Internal Revenue Service on Oct. 12 (full text) challenging the tax-exempt status of the Fellowship Foundation, the organization that sponsors the National Prayer Breakfast. The Foundation received two $25,000 checks in 2004 from the Missouri-based Islamic-American Relief Agency which was included on a Senate Finance Committee list of organizations that finance terrorist activities. In an indictment, the Justice Department claims that the funds were stolen from an AID grant for relief work in Mali. Allegedly, some $18,000 of the funds were funneled through the Fellowship Foundation and used to pay former Congressman Mark J. Siljander for lobbying to get IARA off the Senate Finance Committee list. The remaining $32,000 was allegedly retained by the Foundation, and possibly used to fund overseas travel for member of Congress or to fund the C Street Center which provided subsidized housing to certain members of Congress. The Foundation denies that it retained any of the funds or that it used them for these purposes.

Court Rejects Ethics Charge In Suit Challenging Establishment Clause Settlement

Responding rather quickly to a filing with it of a "Notice Suggesting Improper or Unethical Conduct" on the part of defendants (see prior posting), a federal district court in Allen v. School Board for Santa Rosa County Florida, (ND FL, Oct. 21, 2010), yesterday issued an order (full text) concluding that "The notice merits no action by the court." At issue was a charge that a high school principal did not authorized filings made on his behalf in a suit challenging a settlement of an Establishment Clause challenge to religious practices in the Santa Rosa, Florida school district. [Thanks to Glenn Katon and Randall Marshall for the lead.]

New Survey Says 33% Believe Religious Messages Contribute To Gay Suicides

A survey released yesterday by the Public Religion Research Institute in Partnership with Religion News Service shows that 33% of Americans believe that messages from places of worship are contributing "a lot" to higher rates of suicide among gay and lesbian youths. 42% gave places of worship a grade of "D" or "F" on their handling of the issue of homosexuality. However 75% of white evangelicals gave their own church an "A" or "B" in its handling of the issue. Young adults and Democrats are more likely than older Americans and Republicans to be critical of messages from religious groups about gays and lesbians.

Obama Visit To Sikh Temple In India Scrubbed, Apparently Over Head Covering Issue

President Obama will visit India next month. The New York Times reported yesterday that Sikhs in the United States are distressed that tentative plans for him to include a stop at the Golden Temple in Amristar have been cancelled. It is reported that part of the reason for the cancellation is the Sikh tradition that men tie a piece of cloth on their heads before entering the Temple.  Apparently the White House is concerned that photos of the President wearing a Sikh headscarf will further false perceptions that he is Muslim, not Christian. However security reasons may also be playing a part since the Temple is near the Pakistan border.  Sikh groups in the U.S. are encouraging Obama to reconsider, saying that a visit by him would allow Sikhs to introduce themselves to the world. Press Secretary Robert Gibbs says Obama's schedule is not finalized

Germany's President Urges Turks To Give More Religious Freedom To Christians

According to Today's Zaman, Germany's president, Christian Wulff, on an official trip to Turkey has used two events to urge more freedom of religion for Christians in Turkey.  Both in remarks to the Turkish Parliament in Ankara on Wednesday and at a mass held in the historic St. Paul Church in Tarsus-- now a museum-- Wulff urged legal changes to assure full religious freedom for Christians.  At Tarsus, he emphasized the need to reopen the Halki seminary on Heybeliada so Christian clergy can be educated in the country. Recently Turkey has allowed Christians to hold Mass at two historic churches.

NPR Fires Juan Williams Over Remarks About Muslims Delivered On Fox News

Yesterday evening, NPR terminated its contract with its news analyst, Juan Williams, after Williams made comments on Fox News about his views of Muslims.  The New York Times today reports that Williams, who is also a Fox News political analyst, made the offending comments while appearing on The O'Reilly Factor in response to a question posed to him by Bill O'Reilly.  Williams said in part:

I mean, look, Bill, I’m not a bigot. You know the kind of books I’ve written about the civil rights movement in this country. But when I get on the plane, I got to tell you, if I see people who are in Muslim garb and I think, you know, they are identifying themselves first and foremost as Muslims, I get worried. I get nervous.

NPR issued a statement saying that the remarks were inconsistent with NPR's editorial standards and undermined Williams' credibility as an NPR analyst. In response, former Republican governors Sarah Palin and Mike Huckabee, both Fox News personalities, called for Congress to defund NPR. (CBS News.)

Maryland High Court Judge Responds To Dissent With Biblical Midrash

Maryland's highest court, the Maryland Court of Appeals, today decided a case on the applicability of the statute of frauds provision of the Maryland Credit Agreement Act.  In Pease v. Wachovia SBA Lending, Inc., (MD Ct. App., Oct. 21, 2010), three judges in a partial dissent argued in part that the majority should have "amplified" its reasoning.  Reacting to that criticism, the majority opinion by Judge Harrell [corrected] added this footnote (n.7), responding with a Midrash from Jewish religious writings:

The Concurring and Dissenting opinion's efforts to grapple with the Maryland Credit Agreement Act's plain language, legislative history, and how other jurisdictions may havetreated debatably similar facts under arguably similar statutory schemes, where not entirely necessary, call to mind the story of the Exodus. The Midrashic interpretation of the Exodus from Egypt recounts that, upon reaching the Red Sea, the waters did not automatically part before the Israelites. MIDRASH RABBAH, VOL. III 272 (S.M. Lehrman, trans., 3d ed. 1983). While the Israelites stood by the shore contemplating their impending doom, Nahshon Ben Amminadab entered the water until the sea reached his nostrils. THE JEWISH ENCYCLOPEDIA VOL. IX 146 (Funk & Wagnall 1905); MIDRASH RABBAH, supra. It was not until this act of self-sacrifice that the sea’s waters parted. Imagine, however, that there was a way for the Israelites to continue on their path without having to wade in water over their heads. The Concurring and Dissenting opinion here takes on the Maryland Credit Agreement Act at least up to its eyebrows; we wade in, however, only up to our nostrils.

We regret that the quality of our abridged analysis apparently does not meet the more rigorous standards expected by the subscribers to the Concurring and Dissenting opinion.

Free Exercise Challenge To Custody Decree Rejected

In Forthner v. Forthner, (MS App., Oct. 19, 2010), a Mississippi court of appeals rejected a father's religious free exercise challenge to a judge's decision giving his wife custody of their children and denying the husband separate maintenance.  The appellate court explained:

In this case, Desmond bases his claim of religious discrimination on exchanges within the record where the chancellor provided his opinion that Desmond should reconsider his attitude toward the children and "rethink the idea that children should always be told the truth." Desmond asserts that his idea regarding truthfulness is based on his religious beliefs. The chancellor's view on Desmond's attitude was in no way derogatory toward a religious practice.... The record simply does not support the contention that the chancellor's decision regarding the issues of custody and separate maintenance were in any way influenced by Desmond's religion. 

High School Cancels Football Prayers In Response To Group's Complaint

My Fox Memphis reported yesterday that in response to a  complaint by the Freedom from Religion Foundation (full text of letter), Hamilton County, Tennessee school superintendent Jim Scales has ordered an end to public prayers at a district high school's football games. According to yesterday's Chattanooga Times Free Press , traditionally Hamilton County's Soddy-Daisy High School has broadcast Christian prayers over loudspeakers at football games and at graduation the salutatorian delivers a prayer. Before the superintendent's decision, Hamilton County school board member Rhonda Thurman defended the practice saying that the prayers are part of the school's tradition anyone who does not wish to hear them can "put their fingers in their ears."  She continued" "Everybody is offended by something. I'm offended by a lot of those little girls running around with their thong panties showing, but I can't make that go away." And a parent of the student football team manager said: "People who find Christianity contrary to their beliefs shouldn’t be offended that [Christians] have the freedom to express their religious beliefs."

Iowa Absentee Voting During Church Services Concerns ACLU

Iowa law provides that county auditors may approve satellite absentee voting stations at which voters can cast an absentee ballot prior to election day. Today's Des Moines Register reports that for the first time, two Ames Iowa churches will host absentee voting during church services. The Iowa ACLU is concerned about the move, especially because of the church-based campaign in Iowa to unseat state Supreme Court justices over their decision striking down the ban on same-sex marriage. (See prior posting.) However church representatives say they will not instruct their members how to vote.  Apparently the move to have churches host satellite voting was initiated by county auditor Mary Mosiman, not by the churches. Three other churches will also host satellite voting, but not during the time of church services.

Filing Suggests Improper Conduct In Santa Rosa School Litigation

Yesterday brought another unusual development in the long-running litigation challenging religious practices in the Santa Rosa, Florida schools.  In March 2009, the Santa Rosa County School Board agreed to settle a lawsuit brought against it by the ACLU challenging various religious practices in the school system. (See prior posting.) In May 2010, a large group of parents, teachers, staff, students, former students, and community residents sued to enjoin the school board and superintendent from enforcing the settlement. (See prior posting.) In Allen v. School Board for Santa Rosa County, 2010 U.S. Dist. LEXIS 11111 (ND FL, Aug. 20, 2010), the court found that the principal of Pace High School and other plaintiffs in the original lawsuit that led to the challenged settlement are indispensable parties and ordered them joined. In response, in September a motion to dismiss was filed on behalf of principal Bryan Shell.  Now, in a motion with the court titled "Notice of Potentially Improper or Unethical Conduct," plaintiffs claim that the principal in fact never agreed to submissions on his behalf. The current filing declares in part:

These facts suggest that the two existing Defendants in this suit may have considered the Court’s invitation to the Principal as merely an opportunity for them to have a third bite of the litigation apple, and are using the office of Principal to suit their purposes without the knowledge, much less authorization, of the duly appointed occupant of that office. This prejudices Plaintiffs, by requiring them to respond to a third set of arguments and motions in this litigation controlled and advanced entirely by two existing parties.

The allegations in the filing are supported by affidavits not of the principal, but of the principal's secretary and of a reading coach who say that the principal told them he had not authorized participation in the lawsuit or any filings on his behalf, that he never saw the filings and is upset that someone took action on his behalf without his authorization. Liberty Counsel issued a press release announcing the filing.

Father Acquitted of Contempt Over Charges of Taking Daughter To Mass

Last May, in a widely publicized custody case, Joseph Reyes was ordered to stand trial for criminal contempt for violating a court order that he not expose his daughter to any religion other than Judaism. (See prior posting.) The order was issued after Reyes, in the midst of a divorce proceeding, sent his wife, who was raising their daughter in the Jewish faith, photos of his taking their daughter to be baptized.  Reyes responded by inviting a television crew to film him taking the daughter to Catholic Mass. Chicago Breaking News reports that at Reyes trial yesterday, a Cook County judge said there was no evidence to prove that Reyes had violated the order.  The video introduced at trial did not show the daughter's face or show her at Mass.The restriction on Reyes taking the daughter to church was removed in the couple's final divorce decree, and Reyes has taken his daughter to Christmas and Easter services. His wife is appealing the provisions in the final decree that permit this.

Minnesota Secretary of State Candidate Says No Church-State Separation Requirement Exists

Yesterday's Minnesota Independent reports that Minnesota Republican Secretary of State candidate Dan Severson has been giving interviews on conservative religious radio in recent weeks arguing that there is no requirement for separation of church and state. Here is part of his interview by Brad Brandon on World of Truth Radio Show:

Quite often you hear people say, ‘What about separation of church and state?’ There is no such thing. I mean it just does not exist, and it does not exist in America for a purpose, because we are a Christian nation. We are a nation based on Christian principles and ideals, and those are the things that guarantee our liberties. It is one of those things that is so fundamental to the freedoms that we have that when you begin to restrict our belief and our attestation to our Christian values you begin to restrict our liberties. You simply cannot continue a nation as America without that Christian base of liberty.

Turkey Acquits 2 Christian Missionaries of Most Charges

Compass Direct News yesterday reported that two volunteers with the Bible Research Center were acquitted by a court in Turkey on Oct. 14 of charges that they had violated Art. 301 of the Turkish Penal Code that prohibits insulting the Turkish state, and Art. 216 that prohibits insulting the Turkish people.  The charges were initially filed in 2006 after a complaint to police that Christian missionaries were attempting to form illegal groups in schools and insulting Turkishness, the military and Islam. It was alleged that they were portraying Islam as a primitive and fictitious religion that results in terrorism and portrayed the Turks as cursed. However no evidence was produced to support these charges. The two men were however convicted of collecting information on citizens without permission (Art. 135) and fined the equivalent of $3170 (US) in lieu of 7 months in prison-- apparently for using contact information people provided on their organization's website. Defendants Turan Topol and Hakan Tastan said their attempts to disseminate information about Christianity was constitutionally protected. The two converted from Islam to Christianity 15 years ago.

Delaware Senatorial Debate: O'Donnell Supports Intelligent Design, Is Unaware of 1st Amendment's Text

Richard Adams's Blog at the Guardian reports on Tuesday's Debate at Widener Law School between the two candidates for U.S. Senate from Delaware. It includes an 8 minute video from the debate between Republican/ Tea Party favorite Christine O'Donnell and Democrat Chris Coons which first shows O'Donnell strongly supporting the right of local school boards to authorize schools to teach the theory of "intelligent design" along with evolution.  In another part of the exchange, O'Donnell appears incredulous when Coons tells her that the First Amendment prohibits the establishment of religion and requires the separation of church and state.  After the debate, O'Donnell's campaign tried to explain her response by saying that the specific words "separation of church and state" do not appear in the constitution.