Adjunct Union Says It Should Be Recognized By NLRB At Catholic College

Riverdale, New York's Manhattan College, which holds itself out as a Catholic institution, is in the midst of a fight by its adjunct faculty to unionize.  Inside Higher Ed today reports that the school is invoking the Supreme Court's 1979 decision in NLRB v. Catholic Bishop of Chicago that held church-operated high schools are not within NLRB jurisdiction. The Court focused on the risk of free exercise infringement involved. Subsequently appellate courts broadly applied the ruling to religious colleges as well.  However, the union is arguing that adjunct faculty unions have no power to change the religious nature of a college, that Manhattan College does not meet the test of a religious institution, and that it is morally wrong for the college to invoke decisions exempting religious institutions from NLRB jurisdiction. On the issue of whether the college is a religious one, its president, Brennan O'Donnell, complained:

[T]he fact that we are a welcoming, pluralistic community is being presented as proof that we cannot be an authentic Catholic college. Questions about the number of brothers in various roles imply that the work of lay faculty, staff, and administrators is negligible in forwarding our mission, and betrays a complete incomprehension of a full generation's hard and faithful work in passing forward the charism of religious orders to lay colleagues.

Pennsylvania Voter Was Required To Affirm Address By Placing Hand On Bible

Pennsylvania's election laws allow a voter who has moved to a new address in the same county can still vote by giving a "written affirmation of the change of address to poll workers in the new precinct. (Background.) Today's Philadelphia News reports that one poll worker instead required a voter to place her hand on a Bible and state her name and address before signing in. It turns out that for decades Bibles have been part of the package of polling-place supplies. They are used to swear in election workers before the polls open. The city's voter registration administrator says that poll-worker training will be updated to cover Bible issues.

Washington Pharmacy Board Moves Ahead On Rule Change To Permit Facilitated Referrals

As previously reported, in July the Washington State Board of Pharmacy settled a lawsuit against it by agreeing to begin rule-making proceedings to amend a controversial rule that requires pharmacies to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. The rule as interpreted did permit a pharmacist with objections to have the prescription filled by a co-worker in the same store if another pharmacist was also on shift.  According to the Tacoma (WA) News Tribune, yesterday the Board of Pharmacy took the next step, voting 3-2 to ask the Board staff for recommendations on drafting a rule allowing facilitated referrals to other pharmacies for "time sensitive" medications that the pharmacy will not or cannot fill. Two of the Board members who had originally voted for settling the case now changed their minds after the Board received 5,359 comments in its rule making proceeding, 4,448 in opposition to any change. Several pro-choice groups had prepared form letters online that could be sent as comment letters. The Board majority that still supports the change says there is too much focus on Plan B. They say that small pharmacies are being driven out of business under the current rule that requires them to stock even high-cost specialty drugs. Supporters of the change agree that more than Plan B is at stake. They say there might be religious objections to furnishing life-saving HIV drugs as well, for example.

United Methodist Church Sues Break-Away Oregon Congregation

The Oregon-Idaho Annual Conference of the United Methodist Church last week announced that it had filed suit in an Oregon state court against a break-away congregation, seeking to recover for UMC the real and personal property held by the Ontario,Oregon congregation.  The complaint (full text) in Oregon-Idaho Annual Conference of the United Methodist Church v. Ontario Community Church, Inc., (OR Cir. Ct., filed 11/3/2010), asserts that UMC is entitled to the property under provisions in its Book of Discipline that specify local church property is held in trust for the denomination. The congregation broke away after its members objected to a change in clergy imposed by the bishop.  The congregation filed amended articles of incorporation describing itself as a non-denominational church and purporting to revoke any express or implied trusts created for the benefit of UMC or other bodies.The complaint also alleges that the meeting at which a vote to break away was taken was improperly called and that members lack authority to alter restrictions on local church property. AP yesterday, reporting on the decision, says that congregations in California and Alabama have left the United Methodist Church in recent years, sparking similar litigation.

Pakistani Court Imposes Death Sentence On Christian Woman For Blasphemy

Christian Today reports that in Pakistan on Sunday, a court in Punjab province sentenced a Christian woman to death for blasphemy. It also imposed a fine equivalent to two and a half years' wages. In previous blasphemy cases, the death sentence has not been carried out and this may amount instead to a life sentence. Defendant Asia Bibi, a farm worker in the village of Ittanwali, got into a heated religious discussion with Muslim fellow farm workers.  When they tried to convince Bibi to accept Islam, Bibi told them that Jesus had died for mankind's sins and asked what Muhammad had done for them. Apparently the Muslim women, offended by Bibi's remarks, began to beat her while others locked her in a room and abused her and her children. Local Muslim leaders then pressured prosecutors to file charges against Bibi.

UPDATE: CathNews India (11/15) reports that Bibi's family has appealed the conviction and sentence to the Lahore High Court.

Spanish Court Acquits Muslim Tourists Who Attempted To Pray In Catholic Church

A judge in Cordoba, Spain has acquitted eight Austrian tourists who were charged in March with offending Catholic religious sentiments by attempting to recite Islamic prayers in the Mezquita Cathedral.(See prior posting.) Prior to the 13th century, the building was a mosque and Spanish Muslims have long asserted the right to pray there.  According to Wednesday's LifeSite News, the court ruled that the tourists' actions were merely a public disorder and not an attempt to offend religious sentiments. They were aimed at supporting joint use of the building by Catholics and Muslims, and that, according to the court, does not discredit Catholic beliefs.

Naval Officers Sues Seeking Conscientious Objector Status

Last week, the ACLU announced that it had filed a habeas corpus petition on behalf of a naval officer on active duty at Groton naval base, challenging the Navy's refusal to discharge him as a conscientious objector.  In Izbicki v. Mabus, (D CT, filed 11/3/2010), (full text of petition), Ensign Michael Izbicki alleged that after he graduated the Naval Academy, his Christian beliefs developed and he ultimately concluded that he could not take someone's life or aid others in doing so. The petition cites a long list of erroneous assertions made by the Navy in rejecting Izbick's two applications for CO status. [Thanks to God and Country blog for the lead.]

UPS Packages Containing Hajj Visas Delayed By Government Inspections

AP reported on Tuesday that the U.S. Customs and Border Protection temporarily seized for inspection four separate packages containing passports for Muslims to travel to Saudi Arabia for the Hajj. In one of the cases,  17 Virginia residents sent their passports to a California travel agent who had arranged for Hajj visas with the Saudi consulate.  The travel agent sent a package containing the passports and visas back to Virginia by UPS on November 1. However apparently UPS turned the package over to federal Customs and Border Protection officials, delaying its delivery and causing all but one of the Virginians to miss their scheduled flights. According to the Washington Post, Customs and Border Protection bought replacement tickets, at a cost of $34,000, for all the individuals involved. In another case, UPS identified packages containing passports and Hajj visas sent by a second California travel agent to Muslims in Minnesota, California and Washington state, again turning them over to CPB for a security check before they were ultimately delivered. In a release issued Tuesday, the Council on American Islamic Relations said: "The American Muslim community needs to know whether packages sent from point to point within our borders are being screened based on the religion of the sender or recipient, and whether or not such packages can be seized and opened by government officials without a warrant."

Rabbi Convicted of Wire Fraud and Blackmail

The Wall Street Journal reports that Rabbi Louis Balkany, dean of Bais Yaakov, a religious day school in Borough Park, New York, was convicted yesterday in federal court in Manhattan on charges of wire fraud, extortion, blackmail and making false statements.  The indictment (full text) charges that Balkany "was engaged in a scheme to extort a Connecticut-based hedge fund ... into paying millions of dollars to Balkany's school and to another school on behalf of Balkany." As summarized by the Wall Street Journal:

Balkany, who offer spiritual advice to prisoners, approached SAC Capital starting late last year with an offer: He would instruct an inmate not to squeal to the government about alleged insider trading at SAC Capital if the hedge fund made a $2 million donation to his religious school, plus a $2 million loan to another school.

New Church-State Separation Library Collection Dedicated

The State reports that the University of South Carolina Ernest F. Hollings Special Collections Library was scheduled yesterday to dedicate the Flynn T. Harrell Collection on the Separation of Church and State. The collection assembled by Flynn T. Harrell contains books, journals, an extensive clippings collection and 45 years of correspondence on the issue.

Paper's Report On Halal Slaughtering Highlights EU Labeling Proposal

Yesterday's London Mail carried an investigative report on Halal slaughtering of animals in Britain written by a reporter who went under cover into a slaughter house posing as a business man considering buying Halal meat for a chain of stores. Reporter Danny Penman obviously came away as no fan of the slaughtering practices, describing the killing of animals without stunning them first in graphic terms. The article goes on to report that supermarkets, fast food chains including McDonalds, schools, hospitals, pubs and sporting venues "are serving up halal meat to unwitting customers."  British law generally requires animals to be stunned before they are slaughtered, but the Welfare of Animals (Slaughter or Killing) Regulations 1995 contain an exemption for slaughter by religious methods. Penman reports on growing objections to the exemption (which also covers kosher slaughter) and says that some Halal meat producers have taken to using stunning. He also reports that in June, the European Parliament proposed a labeling requirement that would force halal and kosher meat to be labeled as coming from "unstunned animals." A spokesman for Britain's Department for Environment, Food and Rural Affairs says that in principle the Government supports labeling, but it would rather have all animals stunned. A Halal slaughterhouse owner says he would also support a labeling requirement.

In Indonesia, Obama Speaks About Religious Pluralism In Major Address

Yesterday as part of his trip to Asia, President Obama delivered a major speech at the University of Indonesia in Jakarta. (CNN) Obama spent four years as a young boy in Indonesia, the country with the world's largest Muslim population.  A substantial portion of the President's remarks (full text) focused on religion in Indonesia.  He said in part:

Religion is the final topic that I want to address today, and – like democracy and development – it is fundamental to the Indonesian story.

Like the other Asian nations that I am visiting on this trip, Indonesia is steeped in spirituality – a place where people worship God in many different ways.  Along with this rich diversity, it is also home to the world’s largest Muslim population – a truth that I came to know as a boy when I heard the call to prayer across Jakarta.

Just as individuals are not defined solely by their faith, Indonesia is defined by more than its Muslim population. But we also know that relations between the United States and Muslim communities have frayed over many years. As President, I have made it a priority to begin to repair these relations.....

Innocent civilians in America, Indonesia, and across the world are still targeted by violent extremists. I have made it clear that America is not, and never will be, at war with Islam. Instead, all of us must defeat al Qaeda and its affiliates, who have no claim to be leaders of any religion – certainly not a great, world religion like Islam. But those who want to build must not cede ground to terrorists who seek to destroy....

We are two nations, which have traveled different paths. Yet our nations show that hundreds of millions who hold different beliefs can be united in freedom under one flag....

Earlier today, I visited the Istiqlal mosque – a place of worship that was still under construction when I lived in Jakarta. I admired its soaring minaret, imposing dome, and welcoming space. But its name and history also speak to what makes Indonesia great. Istiqlal means independence, and its construction was in part a testament to the nation’s struggle for freedom. Moreover, this house of worship for many thousands of Muslims was designed by a Christian architect.

 Such is Indonesia’s spirit. Such is the message of Indonesia’s inclusive philosophy, Pancasila.  Across an archipelago that contains some of God’s most beautiful creations, islands rising above an ocean named for peace, people choose to worship God as they please. Islam flourishes, but so do other faiths.

U.S. Summarizes and Responds To U.N. Universal Periodic Review Of Human Rights Conditions

Politico reports that last week in Geneva more than 30 U.S. officials went through a respectful, but challenging, interactive dialog with members of the United Nations Human Rights Council as part of the Council's Universal Periodic Review each four years of every country's human rights record. State Department Legal Advisor Harold Koh presented the U.S. response (full text) which summarized the recommendations that came out of the session. Here is Koh's response to issues raised regarding religious freedom:

The eighth set of recommendations concern freedom of expression and religion: The United States is committed to vigilance in the continued protection of fundamental freedoms of expression and religion for all, including laws and policies to protect Muslim, Arab, and other Americans from discrimination and to secure their freedom to practice their religion.

Another FLDS Conviction: 6 Years In Prison

A state court jury in San Angelo, Texas has sentenced 25-year old Kieth Dutson, a member of the FLDS church, to six years in prison and a $10,000 fine on on charges of sexual assault of a child.  Dutson was the seventh, and youngest, person to be tried on charges growing out of evidence seized during a 2008 raid on the FLDS Yearning for Zion Ranch. (See prior posting.) Yesterday's San Angelo (TX) Standard Times reports that Dutson, when he was 20, went through a wedding ceremony with the victim who was 15 years old. Prosecutor Eric Nichols said the trial demonstrated how the FLDS culturally conditioned girls to be married while they are still underage.

Vatican Official Speaks At INTERPOL Conference

Zenit reports on an address Monday by Archbishop Carlo Maria Viganò, secretary of the Governorate of Vatican City State, to the 79th General Assembly of Interpol meeting in Doha, Qatar. (Full text of remarks.)  Apparently the Archbishop chose to address the forum of police chiefs and law enforcement officers from around the world because of the Vatican's growing concern over violence against Christians in Iraq and other parts of the Middle East. Vatican security forces joined Interpol in 2008.  The Archbishop said in part:

Criminal behavior is an intrinsic part of the human experience, just as the conflict of good and evil is part of the world’s history, and, for Christians, a part of God’s saving plan. It is precisely this realization that inspires the Holy See to participate, either as a member or an observer, in the meetings and conferences promoted by international organizations to discuss issues which ultimately deal with man himself, the human being viewed holistically and with respect for all his complexity....

We are here today to renew, in one specific area, our commitment to cooperate in eliminating evil from the world. This is a enormous commitment if we think of the forces at play, yet we must remain undaunted. Indeed, we should be committed to even fuller cooperation.

Opinion Released In TRO Against Oklahoma Anti-Shariah Amendment

As previously reported, earlier this week an Oklahoma federal district court issued a temporary restraining order barring Oklahoma's State Board of Elections from certifying last week's election results reflecting approval of a proposed amendment to the Oklahoma constitution that bars state courts from considering international law or Shariah law in deciding cases.  Now the court's opinion supporting the TRO has been released.  In Awad v. Ziriax, (WD OK, Nov. 9, 2010), the court found that plaintiff has standing to assert that the amendment violates the Establishment Clause.  Plaintiff asserted three kinds of injuries: the amendment reflects official condemnation of his religious faith, it invalidates his will because the will incorporates various Muslim teachings, and the amendment will require state courts to unconstitutionally determine what is and is not encompassed in Shariah law. The court also concluded that plaintiff had made a preliminary showing of likelihood of success on the merits because the amendment does not have a secular purpose and fosters excessive entanglement of government with religion. Politico yesterday reported on the decision.

New Museum of American Jewish History Opens In Philadelphia This Month

RNS reports that the National Museum of American Jewish History in Philadelphia will open to the public on November 26, after grand opening ceremonies on the weekend of Nov. 12-14. Covering 350 years of the history of Jews in the United States, the museum is described by Prof. Jonathan Sarna, the Museum's lead historian, as "the first major Jewish history museum that isn't about death and destruction."

Proposed Bill In India Threatens 1000-Year Old Religious Festival

India's Pune Mirror today reports that the government of the Indian state of Maharashtra is set to enact the Prevention of Human Sacrifice, Sexual Harassment and Inhuman Acts Bill this winter. However warkaris complain that the proposed law may end up banning the Palkhi Festival during which for 1000 years adherents walk barefoot some 150 miles, singing and dancing, to the holy town of Pandharpur.  Confusingly worded Section 13 of the proposed Act is seen as banning any kind of physical pressure, torture or exertion in the name of religion.

Annual "Friend or Foe Christmas" Campaign Launched

Liberty Counsel yesterday announced that it is launching its "Eighth Annual Friend or Foe Christmas Campaign. The annual promotion takes aim at attempts to rename Christmas events as "holiday" activities and at decisions that have banned a range of items, from nativity scenes to wearing of red and green Christmas colors, from various public venues. A resource page on Liberty Counsel's website links to legal memos on public Christmas celebrations and on Christmas in the workplace.  The website offers buttons, bumper stickers and ads promoting Christmas. It also links to a "Naughty or Nice" list of retailers, based on whether they specifically promote "Christmas" in their advertising and displays ("nice") or merely use "holiday" or other generic seasonal depictions and language ("naughty").

Cert. Filed In Seventh Day Adventist Case: Does RFRA Apply To Suits Between Private Parties?

A petition for certiorari (full text) was filed yesterday with the U.S. Supreme Court in McGill v. General Conference Corporation of Seventh Day Adventists. In the case, the court refused to dismiss trademark infringement and related claims brought by two Seventh Day Adventist religious organizations against a break-away church that used a similar name. The court refused to carve out a special exception for religious intellectual property. The petition for review filed with the Supreme Court focuses on a second part of the 6th Circuit's decision that rejected a claim that the Religious Freedom Restoration Act applies to the case. The 6th Circuit held that RFRA applies only suits in which the government is a party. (See prior posting.) The cert. petition points out that the 5th and 7th Circuits agree with the 6th Circuit in this regard, while the 7th, 8th and D.C. Circuits have applied RFRA to suits brought under federal law involving only private parties. [Thanks to Seth Galanter for the lead.]