School Board Changes Prayer Policy-- Uses Disclaimer

Last month, the Freedom from Religion Foundation wrote the Polk County, Florida school board threatening to sue if board members continued to open Board meetings with a prayer.  Today's Winter Haven (FL) News Chief reports that the school board, after consulting its attorney, has responded by moving the prayer to precede the official start of the meeting and adding this disclaimer to its agendas:

Voluntary invocation may be offered before the opening of the School Board meeting by a private citizen. The views or beliefs expressed in the invocation have not been reviewed nor approved by the School Board, and the Board is not allowed, by law, to endorse the religious beliefs or views of this, or any other speaker.

Break-Away Anglican Diocese Not Entitled To Episcopal Diocese Property

The Episcopal Diocese of Pittsburgh that retains affiliation with the Episcopal Church USA has won its claim to property of the Diocese following the 2008 vote by the Diocesan Convention to withdraw from the Episcopal Church and affiliate with the Anglican Province of the Southern Cone. In Calvary Episcopal Church v. Duncan, (PA Commn. Ct., Feb. 2, 2011), a Pennsylvania appellate court held that a settlement signed by the two sides before the withdrawal should be read to award the diocese property to the organization that retains affiliation with the Episcopal Church USA. The court also rejected other procedural challenges to the trial court's award of the property to the Episcopal Diocese. Yesterday's Pittsburgh Post-Gazette reports on the decision and on additional background. Ownership of property of individual parishes remains to be negotiated by the parties. (See prior related posting.)

Wilmington, Delaware Diocese Settles In Bankruptcy With Sex Abuse Claimants

A press release on Wednesday announced that the Catholic Diocese of Wilmington, Delaware has agreed to a settlement in bankruptcy court with 146 child sex abuse victims and other unsecured creditors. (See prior related posting.)  The Diocese will pay $77.4 million into a trust for sex abuse claimants. Additional claims will be pursued against three religious orders.  Plaintiffs' attorneys say they expect to recover another $80 million there.  The New York Times reports that the main disagreement has been over plaintiffs' insistence that internal Church documents on how the abuse complaints were handled be released on the Internet. The parties finally agreed that an arbitrator will decide on redactions that will be permitted before the documents are released. The Diocese will also have priests sign a statement every five years stating that they are not aware of undisclosed abuse of minors. Additionally plaques in schools will say that abuse will not be tolerated.

Groups Condemn Congressman's Criticism of Muslim Colleague

Leaders of three national religious groups on Wednesday wrote Florida U.S. House of Representatives member Allen West calling on him to apologize for saying, on a television interview show, that Minnesota U.S. House of Representatives member Kieth Ellison, a Muslim, is the "antithesis of the principles on which this country was established." Yesterday's Florida Independent, carries excerpts from the letter sent by the heads of the Interfaith Alliance, the Rabbinical Assembly, the Religion Action Center for Reform Judaism and the Baptist Joint Committee. They told West that his comments display "a frightening lack of understanding" of the values of Islam. West immediately responded by letter, saying: "My comments in regards to my colleague, Representative Keith Ellison, are not about his Islamic faith, but about his continued support of CAIR," an organization which West claims supports the radical jihadist movement.

Pakistani Student Charged With Blasphemy For Remarks on Exam Paper

Yet another blasphemy arrest in Pakistan is drawing international criticism.  Human Rights Watch this week urged the Pakistani government to drop blasphemy charges and release from detention a 17-year old student who was charged with blasphemy for remarks he included last April on his school exam paper.  Muhammad Samiullah was sent to a juvenile prison last week pending trial after a complaint was filed by the chief controller of the intermediate level education board. Police will not disclose exactly what was written on the exam paper, saying that doing so would itself amount to blasphemy.

Court In India Rejects Religion-State Challenge To State Financing of Shariah Compliant Finance Company

In India, the Kerala High Court has rejected a constitutional challenge to involvement by a state-created agency in setting up a Shariah-compliant non-bank finance company.  Qatar's Peninsula today reports that Janata Party president Subramanian Swamy sued claiming that the state was unconstitutionally promoting religion when the Kerala State Industrial Development Commission purchased 11% of the equity in Al Barakh Financial Services Ltd.  The court dismissed Swamy's petition. Sec. 26 of India's Constitution bars appropriating tax funds to promote religion.

Poll Surveys Americans' Attitudes Toward Influence of Religion In U.S.

Gallup this week released the results of a January poll asking adults in the U.S. about their views on the influence of religion in the nation.  29% believed religion should have more influence and an identical 29% believed it should have less influence.  39% believe religion should keep its influence as it is now.  The same poll found that 58% of those surveyed were satisfied with the influence of organized religion in America today, while 36% were dissatisfied.

Obama Speaks of His Personal Christian Faith At National Prayer Breakfast

President Obama today spoke at the National Prayer Breakfast in Washington, focusing on his personal Christian beliefs. (Full text of remarks.)  Last August, a national poll indicated that many Americans mistakenly believe that Obama is Muslim. (See prior posting.)  Here are some excerpts from the president's speech (which contained lighter, more humorous moments as well):

This may come as a surprise, for as some of you know, I did not come from a particularly religious family. My father, who I barely knew - I only met once for a month in my entire life - was said to be a non-believer throughout his life.

My mother, whose parents were Baptist and Methodist, grew up with a certain skepticism about organized religion, and she usually only took me to church on Easter and Christmas - sometimes. And yet my mother was also one of the most spiritual people that I ever knew....

And it’s because of her that I came to understand the equal worth of all men and all women, and the imperatives of an ethical life and the necessity to act on your beliefs.... [M]y earliest inspirations for a life of service ended up being the faith leaders of the civil rights movement.

There was, of course, Martin Luther King and the Baptist leaders.... But there were also Catholic leaders like Father Theodore Heshburg, and Jewish leaders like Rabbi Abraham Joshua Heschel, Muslim leaders and Hindu leaders. Their call to fix what was broken in our world, a call rooted in faith, is what led me just a few years out of college to sign up as a community organizer for a group of churches on the Southside of Chicago. And it was through that experience working with pastors and laypeople trying to heal the wounds of hurting neighborhoods that I came to know Jesus Christ for myself and embrace Him as my lord and savior....

When I wake in the morning, I wait on the Lord, and I ask Him to give me the strength to do right by our country and its people. And when I go to bed at night I wait on the Lord, and I ask Him to forgive me my sins, and look after my family and the American people, and make me an instrument of His will.

The Washington Post reported Obama's remarks as well as those of astronaut Mark Kelly, husband of the wounded Rep. Gabrielle Giffords. Kelly spoke briefly at the Prayer Breakfast and offered the closing prayer.

6th Circuit: Judge's 10 Commandments Poster Violates Establishment Clause

In ACLU of Ohio Foundation, Inc. v. DeWeese, (6th Cir., Feb. 2, 2011), the U.S. 6th Circuit Court of Appeals held that a Ten Commandments display posted in a courtroom by a state common pleas court judge violates the Establishment Clause.  At issue were two posters hung by Judge James DeWeese-- one setting out the Bill of Rights and the other which compares the "Moral Absolutes" of the Ten Commandments with ten parallel principles of "Moral Relatives: Humanist Principles." Finding first that plaintiff has standing, the court held that any purported secular purpose put forward by defendant was a sham. The court, analyzing the poster's contents, also concluded that the poster:

sets forth overt religious messages and religious endorsements. It is a display of the Ten Commandments editorialized by Defendant, a judge in an Ohio state court, exhorting a return to "moral absolutes" which Defendant himself defines as the principles of the "God of the Bible." The poster is an explicit endorsement of religion by Defendant in contravention of the Establishment Clause.

Finally the court concluded that Judge DeWeese had no free expression defense since the posters are government speech, not private judicial speech. The Christian Post reports on the decision.

Judgment On Russian Jewish Library Threatens Loans of Paintings To U.S. Museums

As previously reported, last year the D.C. federal district court entered a default judgment against the Russian Federation ordering it to return two collections of valuable religious books and manuscripts to Agudas Chasidei Chabad. Russia refused to participate in the proceedings claiming that U.S. courts lack authority to enter orders with respect to property in Russia owned by the Russian government. (See prior posting.) Yesterday the New York Times reported that last year's default judgment against Russia is leading to cancellation of promised loans of art from Russian museums to those in the U.S. for several upcoming art shows.  Russian cultural officials are telling Russian state-owned museums that they risk their artwork being seized in the U.S. to enforce the court order regarding Chabad's book collections. U.S. authorities are trying to convince the Russians that U.S. law (22 USC Sec. 2249) grants immunity from judicial process for artwork on loan from foreign countries.

Debate In Kyrgyzstan On Prayer Time For Parliament Members and State Employees

Eurasianet yesterday reported on a debate in Kyrgyzstan on the issue of separation of state and religion.  At the end of last year, several members of Parliament suggested that an extended break be provided on Fridays for members of Parliament as well as other state employees to pray. Some also suggested setting up a prayer room in the Parliament building. Opponents however say that the proposal undermines the concept of secularism guaranteed by Kyrgyzstan's constitution. The head of the Bishkek Women's Center, a citizens' rights group, complains that members of Parliament "are mainly concerned with using public money to create places for their own personal salvation."

Faith Healing Parents Get 10 Years Probation For Involuntary Manslaughter

In Philadelphia (PA), according to an AP report yesterday, Herbert and Catherine Schaible who were convicted last year of involuntary manslaughter in the death of their 2-year old son from pneumonia were sentenced to ten years probation. During that time, the parents, who have been described as pillars of their community, must seek routine and emergency medical care for their seven children.  The couple, members of the First Century Gospel Church, believe that seeking medical treatment evidences a lack of faith in God.  Common Pleas judge Carolyn Engel Temin told the couple that the welfare of the child is more important that the parents' religious freedom. (See prior related posting.)

Pakistani Court Imposes Death Sentence For Blasphemy Against Companions of the Prophet Muhammad

One India News reports that in Pakistan's Punjab province yesterday, a court has invoked the country's controversial blasphemy law to impose a death sentence on Muhammad Rafiq for committing blasphemy against the companions of the Prophet Muhammad. Rafiq, who lives in Jalalpur Peerwala, was seen by local residents wearing a wooden slab around his neck on which were written the offending remarks about the Sahaba Ikrams. Rafiq was also ordered to pay a fine of Rs 200,000 ($2337 US). After he was arrested, Rafiq was moved from the local police station to a prison in Bahawalpur to prevent a mob from lynching him.

Suit Challenges School's Ban On Religious Songs From Talent Show

A lawsuit was filed in federal district court in Los Angeles last week on behalf of a 5th-grade student challenging Superior Street Elementary School's school's policy of barring acts with religious messages from the school's annual talent show sponsored by the PTA. The complaint (full text) in B.H. v. Garcia, (CD CA, filed 1/28/2011), alleges that the school told the student that his interpretive movement to the religious song "We Shine" was not permitted because of the song's religious message. The principal suggested that the student select a song that does not mention Jesus so many times.  The suit seeks a declaratory judgment that the school's policy violates the free speech, free exercise and establishment clauses of the 1st Amendment as well as the 14th Amendment's equal protection clause and seeks temporary or permanent injunctive relief so the student can perform in this week's show. Alliance Defense Fund issued a press release announcing filing of the lawsuit.

UPDATE: ADF announced on Feb. 2 that after the filing of the lawsuit, the Los Angeles Unified School District agreed that it would no longer prohibit 5th grader B.H. from performing his Christian song. ADF attorneys however will continue the lawsuit to prevent future applications of the same policy.

Government Representatives, Including Many Muslims, Visit Auschwitz In Bid To Counter Holocaust Denial

In a trip to Poland organized by UNESCO, the Mayor of Paris and the Aladdin Project, 150 representatives of 40 governments yesterday visited Auschwitz-Birkenau, the largest Nazi death camp, in a move designed to counter Holocaust denial, educate about the Holocaust and battle anti-Semitism. The mission included a large delegation from a number of Muslim countries. Among those attending was Karim Lahidji, the head of the Iranian League of Human Rights. Iran's president has been a leading Holocaust denier. AP and the UN News Centre both report on the trip.

Woman Pleads Guilty In Plot To Kill Swedish Cartoonist

In a press release yesterday, the Justice Department announced that Colleen LaRose, also known as "Jihad Jane", has entered a guilty plea in a Pennsylvania federal district court to an indictment charging conspiracy to provide material support to terrorists, conspiracy to kill in a foreign country, making false statements and attempted identity theft. As reported by CNN, LaRose was allegedly part of a plot to kill Swedish cartoonist Lars Vilks who in 2007 angered Muslims with his cartoon showing the Prophet Muhammad's head on the body of a dog. Her plea was a change from the not guilty plea entered earlier. She faces a maximum potential sentence of life in prison and a $1 million fine. (See prior related posting.)

Virginia House OKs Proposed Amendments On Prayer and Funding for Military Chaplains

The Virginia House of Representatives yesterday passed two proposed state constitutional amendments dealing with religion.  HJ 593, which passed the House by a vote of 61-33 (with one abstention), would bar state infringement of "the people's right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including public schools..."  HJ 614, passed by a vote of  62-32 (with one abstention), would allow the state legislature to provide for loans and grants to students attending theological schools and seminaries in Virginia if the student is an approved candidate for the chaplaincy in any branch of the armed services (including the National Guard). NENC reporting on the bills says that they "face a more critical reception in the Senate, where similar measures routinely die."

MRFF and Air Force Academy Faculty Members Sue Over Planned Prayer Luncheon

The Military Religious Freedom Foundation and five US Air Force Academy faculty members yesterday filed suit in federal district court in Colorado seeking to enjoin a National Prayer Luncheon at the Academy scheduled for Feb. 10.  The luncheon is being financed by the Chapel Tithes and Offerings Fund, not taxpayer money, but plaintiffs object to its promotion by the command structure. Attendance is not mandatory. While the luncheon will feature readings by participants of numerous faiths, the keynote speaker is a retired Marine Christian evangelist Clebe McClary. (See prior posting.) The complaint (full text) in Mullin v. Gould, (D CO, filed 1/31/2011) asserts that the planned event violates the Establishment Clause by favoring religion or irreligion, and through the Christian keynote speaker favors Christianity over other religions. It asserts: "The promotion ... of religion in this fashion has an inherently coercive effect upon subordinates or non-believers to fear that their failure to believe as the Defendant commander believes may reasonably be expected to cause career damage to them." Four of the five faculty member plaintiffs filed the suit as "John Does," alleging that they fear serious negative career consequences if identified. Plaintiffs also filed a motion for preliminary injunction and a brief in support of the motion. MMRF announced the lawsuit in a press release, and AP reports on the filing of the suit.

Michigan School District Will Allow Kirpans

Yesterday's Detroit Free Press reports that the Plymouth-Canton, Michigan school district has reversed a ban imposed in December and will now allow Sikh students to wear a kirpan in school, so long as the Sikh ceremonial dagger meets certain conditions. The kirpan must be sewn inside a sheath so that the blade cannot be removed, and must be worn inside the student's clothing.  The kirpan blade may not be more than two and one-fourth inches long and must be dull. [Thanks to Don Byrd for the lead.]

Nepal Court Orders Government To Stay Action Against Hindu Temple Treasury Pending Resolution of Lawsuit

A single -judge panel of Nepal's Supreme Court yesterday ordered the government's culture ministry to take no further action regarding the assets of one of the oldest Hindu temples in the country pending resolution of a challenge to the government's order for the temple to disclose the assets.  Sify News reports that a committee of the culture ministry that was formed to examine the assets of temples ordered Pashupatinath Temple to reveal its now secret assets so they can be sent to banks and museums for safekeeping.  A Hindu activist who brought the court challenge says he is not opposed to protecting the temple's assets, but it should be done by a new law and not by the current interim government.