Religion Clause

Tuesday, February 08, 2011

Indonesian Mob Burns 2 Christian Churches Protesting Light Blasphemy Sentence

In the Indonesian town of Temanggung in Central Java yesterday, a Muslim mob set two churches on fire in protest of what they saw as too light a sentence being imposed on a Christian man for blasphemy. AFP reports that violence broke out after a court sentenced Antonius Bawengan to five years in prison for distributing leaflets insulting to Islam. Some 1500 protesters who threw stones at police shouted that Bawengan should be sentenced to death or turned over to the public. This violence comes two days after a mob killed three members of the Ahmadiyah sect in a move to prevent them from holding worship services. (See prior posting.) Pressure is growing for the Indonesian government to take action against religious extremism.

Monday, February 07, 2011

Canadian Court Refuses To Permit Religious Use of Marijuana

In Canada today, an Ontario trial court judge rejected a constitutional challenge by two members of the Church of the Universe to Canada's marijuana laws. The Toronto Star reports that two church members who had been charged with trafficking in marijuana and hashish claimed that cannabis is sacred to their religion and that Canada's Controlled Substances Law infringes their freedom of religion as protected by the Charter of Rights and Freedoms. Responding to arguments made by Rev. Brother Peter Styrsky and Rev. Brother Shahrooz Kharaghani, the court rejected carving out an exception for religious use of marijuana. The court wrote in part: "It is difficult, if not impossible for an outsider to identify the religious user and religious use because religious use is barely distinguishable from recreational use."

Indonesian Mob Kills At Least 3 Ahmadiyas In Bid To Stop Their Worship

In Indonesia yesterday, a thousand Muslims surrounded a house in West Java, attempting to prevent the Ahmadiya movement from holding worship services. According to AFP, police say that three members of the Ahmadiya were killed and four seriously injured. The state-run Antara news agency said that six people were killed. A government decree issued in 2008 bans the Ahmadiya from proselytizing. (See prior posting.) Orthodox Muslims believe that Muhammad was the final prophet, while Ahmadiya believes that its founder, Mirza Ghulam Ahmad, was the final Muslim prophet. This opens Ahmadiyas to charges of heresy and blasphemy which are punishable by five years in prison in Indonesia, despite the constitution's protection of freedom of religion.

Sunday, February 06, 2011

Adventists Protest Scheduled Saturday Elections In Nigeria

Nigeria's presidential election is scheduled for Saturday, April 9. However, according to today's Nigerian Compass, the Seventh Day Adventist Church is threatening to sue if the date is not moved to a week day since the Saturday timing will disenfranchise its members. The Church has said that some 12 million Nigerians will not be able to vote if the Saturday date is retained.

Top French Constitutional Court Rejects Challenge To Ban on Same-Sex Marriage

In Mme Corinne C. et autre, (Conseil Const., Jan. 28, 2011) [in French], France's Constitutional Council held that provisions in French law barring same-sex marriage violate neither Constitutional equal protection principles, nor the protected right to lead a normal family life. C-Fam summarized the ruling as follows:

The Council ruled last Friday that because of the difference of situations between same-sex and heterosexual couples, the difference in treatment in family laws is justified and not in violation of the principle of equality. As for the right to a normal family life, the court found that the pacte civil de solidarité, a form of civil union that accords a plethora of legal, fiscal, and official benefits, is sufficient for a "normal family life."

C-Fam also reported that France's Socialist Party plans to call for a vote in Parliament on same-sex marriage this summer and that activists may appeal this decision to the European Court of Human Rights. [Thanks to Alliance Alert for the lead.]

Recent Prisoner Free Exercise Cases

In Ofeldt v. McDaniel, 2011 U.S. Dist. LEXIS 8661 (D NV, Jan. 19, 2011), a Nevada federal district court rejected an inmate's claim that his 1st Amendment and RLUIPA rights because the prison chapel has no Asatru materials and he is not allowed to order materials from outside.

In Washington v. Adams, 2011 U.S. Dist. LEXIS 8875 (ED CA, Jan. 21, 2011), a California federal magistrate judge dismissed with leave to amend an inmate's suit seeking to add his religious name to his commitment name.

In Cain v. Michigan Department of Corrections, 2011 U.S. Dist. LEXIS 9393 (WD MI, Feb. 1, 2011), a Michigan federal district court approved recommendations of a magistrate judge that were filed almost three years earlier (2008 U.S. Dist. LEXIS 119146, March 31, 2008), in a lengthy opinion rejecting complaints of an inmate who was a member of the Shetaut Neterian (ancient African) religion about inadequacies in meals served to him in various Michigan prisons in light of his religious dietary needs. In adopting the magistrate's recommendations, the court modified the report "to incorporate circuit court holdings regarding suits under the RLUIPA contained in opinions published after the report was issued."

In Cryer v. Massachusetts Department of Corrections, 2011 U.S. Dist. LEXIS 1632 (D MA, Jan. 7, 2011), a Massachusetts federal district court reconsidered an order issued in November 2010 and permitted a Native American inmate to proceed with his 1st Amendment and RLUIPA claims to the extent they are limited to seeking use of tobacco during the once-monthly smudging ceremony. The magistrate's report in the case is at Cryer v. Clarke, 2010 U.S. Dist. LEXIS 140843 (Aug. 26, 2010).

In Guzman v. Marshall, 2011 U.S. Dist. LEXIS 9214 (CD CA, Jan. 31, 2011), in a decision dealing primarily with other claims, a California federal district court held that in a habeas corpus proceeding by an inmate challenging his denial of parole, it could not consider plaintiff's Establishment Clause claim that he was required to participate in a religious based AA class because the court is limited to considering procedural complaints about the parole process.

In Love v. New Jersey Department of Corrections, 2011 U.S. Dist. LEXIS 10102 (D NJ, Jan. 31, 2011), a New Jersey federal district court dismissed most of the equal protection and free exercise claims brought by plaintiff, who had filed numerous previous lawsuits. Plaintiff complained about a long series of practices while he was in segregated confinement and after he was released into the general prison population, relating to access to Jewish worship services, Passover observance and access to his tallit and to tefillin. The court dismissed all but three narrow claims presented by plaintiff.

In Halloum v. Ryan, 2011 U.S. Dist. LEXIS 10490 (D AZ, Jan. 27, 2011), an Arizona federal district court permitted a Muslim inmate to proceed with claims that he was denied a religious shaving waiver; defendant refused to distribute a copy of the Qur'an to him; authorities failed to accommodate his fasting during Ramadan, prohibited Muslim inmates from holding communal prayer and failed to provide Muslim inmates sufficient food because of their religious practices.

Saturday, February 05, 2011

Pope Speaks Out On Church-State Relations In Europe

On Thursday, Pope Benedict XVI spoke of church-state relations in Europe in receiving the new Austrian Ambassador to the Vatican. Here are some excerpts from the Pope's remarks (full text):

In many European countries, the relationship between the state and religion is facing a particular tension. On one hand, the political authorities take care not to grant public places to religions, understanding them as merely individual ideas of faith of the citizens. Sought, on the other hand, is the application of criteria of a secular public opinion to religious communities. It seems that they would like to adapt the Gospel to the culture and yet, they seek to impede, in an almost shameful way, that the culture be molded by the religious dimension.

Obama Names New Members of Faith Based Advisory Council

Yesterday President Obama announced his intent to appoint twelve individuals to President’s Advisory Council on Faith-Based and Neighborhood Partnerships. Apparently this groups replaces 15 members whose one-year terms are expiring. (See prior posting.) The new chair of the Advisory Council is Susan K. Stern, Special Advisor on Government Affairs to the American Jewish Joint Distribution Committee. Other members and their affiliations are: Leith Anderson (National Association of Evangelicals); Andrea Bazán (Triangle Community Foundation); Angela Glover (Policy Link); Brian Gallagher (United Way International); Bishop Mark Hanson (Evangelical Lutheran Church in America); Lynne Hybels (Advocate for Global Engagement at the Willow Creek Community Church); Most Rev. Dr. Katharine Jefferts Schori (Presiding Bishop of the Episcopal Church); Rabbi Julie Schonfeld (Rabbinical Assembly); Archbishop Demetrios Trakatellis (Greek Orthodox Church of America); Sister Marlene Weisenbeck (Franciscan Sisters of Perpetual Adoration); and Reverend Elder Nancy L. Wilson (Moderator for the Universal Fellowship of Metropolitan Community Churches).

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.

Friday, February 04, 2011

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.

Thursday, February 03, 2011

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."