Suit Challenges Arrest For Reading Bible To Californians Lined Up At Motor Vehicle Department

The Riverside (CA) Press-Enterprise reports that a lawsuit was filed in federal district court in California last Tuesday by a pastor and two elders of the Hemet (CA) Calvary Chapel who were arrested for trespassing and interfering with public business for reading the Bible to a crowd lined up outside the local Department of Motor Vehicles office.  The highway patrol says it previously told church members they were not allowed to preach on DMV property without a permit. The men who had preached at parks, shopping malls and the court house in Hemet, as well as repeatedly at the DMV, were told that the permit requirement was justified because of the captive nature of their audience at the DMV.  One of the men responded: "The devil's holding everyone captive to do his will...."  The complaint (full text) in Coronado v. California Highway Patrol, (SD CA, filed 4/26/2011), contends that their arrest violated their free speech rights under the U.S. and California constitutions, violated the 4th Amendment and amounted to false imprisonment under state law. The incident is portrayed on a YouTube video.

DC Circuit Upholds Obama Administration Guidelines For Embryonic Stem Cell Research Funding

In a 2-1 decision today, the U.S. Court of Appeals for the District of Columbia vacated the district court's preliminary injunction that had prevented the Department of Health and Human Services from proceeding under the Obama administration's 2009 Guidelines expanding government funding for human embryonic stem cell research. The district court had found that the Guidelines likely violate the Dickey-Wicker Amendment's prohibition the use of federal funds for research in which human embryos are destroyed. (See prior posting.) The Circuit Court had already placed a stay on the preliminary injunction last September. (See prior posting.) Today in Sherley v. Sebelius, (DC Cir., April 29, 2011), the court's majority (Judge Ginsburg joined by Judge Griffith) concluded that:

Dickey-Wicker is ambiguous and the NIH seems reasonably to have concluded that, although Dickey-Wicker bars funding for the destructive act of deriving an ESC [embryonic stem cell] from an embryo, it does not prohibit funding a research project in which an ESC will be used.

Judge Henderson dissented, writing: "The majority opinion has taken a straightforward case of statutory construction and produced a result that would make Rube Goldberg tip his hat." ABC News reports on the decision.

Sunday's Beatification of John Paul Draws Criticism From Some

Today's New York Times reports on the political controversy surrounding Sunday's planned beatification of Pope John Paul II. A beatification Mass will move the popular former Pope a step further toward formal sainthood. Some critics question Pope Benedict XVI's waiver of the usual requirement that beatification cannot take place until five year's after a person's death. Others say the sex abuse crisis that surfaced during John Paul's reign should disqualify him from beatification.  John Paul's ties to Rev. Marcial Maciel Degollado, founder of the controversial Legionaries of Christ, have also been raised by those opposing his sainthood.  (See prior related posting.) However, particularly residents of John Paul's native Poland, revere him and admire his role in helping to bring down Communism. Andrea Riccardi, a biographer of John Paul, says: "for many Catholics he's already a saint."

Prince William and Kate Middleton Are Married At Westminster Abbey

This morning, Britain's Prince William and Kate Middleton were married at Westminster Abbey. (Photos). The Official Programme containing the text of the entire wedding ceremony is available online. Wikipedia has the guest list, including the numerous religious figures in attendance. Today's London Telegraph reports that some Anglican conservatives are criticizing the Archbishop of York for backing Prince William's and Kate Middleton's decision to live together before they were married.

USCIRF Issues 2011 Annual Report-- Adds Egypt As Country of Particular Concern

The U.S. Commission on International Religious Freedom yesterday released its 2011 Annual Report, identifying 14 nations as "Countries of Particular Concern" (CPCs)-- the worst violators of religious freedom.  Thirteen of the countries were the same as those named last year-- Burma, China, North Korea, Eritrea, Iran, Iraq, Nigeria, Pakistan, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. For the first time this year, USCIRF added Egypt to the list of CPCs. Last year Egypt was on the Commission's Watch List.  Explaining the new status for Egypt, USCIRF said:

Serious problems of discrimination, intolerance, and other human rights violations against members of religious minorities, as well as disfavored Muslims, remain widespread in Egypt. Violence targeting Coptic Orthodox Christians remained high during the reporting period. This high level of violence and the failure to convict those responsible – including two of the three alleged perpetrators in the 2010 Naga Hammadi attack – continued to foster a climate of impunity, making further violence more likely.

The USCIRF Report, required by the International Religious Freedom Act of 1998, also named 11 countries to a Watch List, concluding that they need close monitoring. Those countries-- all on last year's Watch List as well-- are: Afghanistan, Belarus, Cuba, India, Indonesia, Laos, Russia, Somalia, Tajikistan, Turkey, and Venezuela. USCIRF's report is to be considered by the State Department in preparing its Annual Report to Congress on International Religious Freedom. Also each year, the President is to revise the list of CPCs.

Arkansas High Court Upholds Parental Rights Terminations In Tony Alamo Compound Families

Yesterday, the Arkansas Supreme Court handed down decisions in five appeals by parents of children who were removed in 2008 from the Tony Alamo Christian Ministries compound in Fouke, Arkansas. In each case, parental rights were terminated because the continued control of the compound by Tony Alamo made it an unsafe environment for children. A trial court held that parents could be reunited with their children only if they moved off church property and found jobs outside the Alamo Ministries so they are not financially dependent on it. (See prior posting.) In yesterday's decisions, the Supreme Court upheld the terminations over claims that the state's actions violated parents' right to the free exercise of religion as well as various other provisions. The cases are Myers v. Arkansas Department of Human Services, Krantz v. Arkansas Department of Human Services, Parrish v. Arkansas Department of Human Services, Reid v. Arkansas Department of Human Services, and Seago v. Arkansas Department of Human Services. AP reports on the decisions.

Muslims Groups Lose FOIA Request, But Court Complains FBI Lied To It

In 2006, the ACLU filed a Freedom of Information Act request on behalf of several Muslim-American groups and mosques in southern California in order to obtain information on reported government monitoring of religious institutions. (See prior posting.) The request made its way to court, and according to an opinion issued yesterday by a California federal judge, the government, for national security reasons, provided false and misleading information to the court regarding the documents that it had found in seeking to respond to the FOIA request.  In Islamic Shura Council of Southern California v. Federal Bureau of Investigation, (CD CA, April 27, 2011), the court chastised the government, saying:

The Government’s duty of honesty to the Court can never be excused, no matter what the circumstance. The Court is charged with the humbling task of defending the Constitution and ensuring that the Government does not falsely accuse people, needlessly invade their privacy or wrongfully deprive them of their liberty. The Court simply cannot perform this important task if the Government lies to it. Deception perverts justice. Truth always promotes it.

Nevertheless, the court concluded that the government need not provide any additional records to plaintiffs because revealing even the number and nature of the relevant documents could reasonably be expected to compromise national security. AP and Main Justice both reported on the decision.

Property of Break-Away Presbyterian Congregation Belongs To PCUSA

Hope Presbyterian Church of Rogue River v. Presbyterian Church (USA), (OR App., April 27, 2011), involves a dispute over ownership of the property of a break-away congregation that left the Presbyterian Church USA in 2007 because of theological disagreements. The Oregon Court of Appeals, reversing the trial court, held that the property belongs to the national church body, concluding that: "under either the hierarchical-deference or the neutral-principles approach to the resolution of church property disputes, the record in this case is clear that Hope Presbyterian held its property in trust for the PCUSA." The Southern Oregon Mail Tribune reports on the decision.

Program Seen As Profiling Muslim Travelers Is Ended

The Department of Homeland Security filed a notice with the Federal Register yesterday (full text) effectively ending the National Security Entry-Exit Registration System (NSEERS). According to a press release from CAIR, NSEERS has been perceived as a program that profiles individuals on the basis of religion and ethnicity. Under the program, non-immigrant men and boys traveling to the United States from 24 predominately Muslim Middle Eastern and Asian countries (as well as North Korea) have been required to be photographed, fingerprinted and interviewed. They have also been required to leave the U.S. through designated ports. DHS says that it has implemented new automated systems over the past six years that capture information on non-immigrant travelers to the U.S. so that NSEERS is no longer provides any increase in security.

Proposal In Norway Would Bring Ritual Circumcision Under Government Health System

In Norway, the Labour Party is proposing a change in the health care law so that ritual circumcisions of boys-- practiced by Jews and Muslims-- will be covered without charge as part of the public health system. Views and News From Norway reported yesterday that under the proposal, parents will be permitted to either have only a doctor present, or have an individual connected with their religion and experienced in circumcision carry out the procedure under the observation of medical professionals. Since the government ended coverage 10 years ago, practitioners from other countries without recognized qualifications are often carrying out the procedure. Many Norwegian doctors are opposed to circumcision where there is no medical reason for it. The new law, however, has no specific provision for doctors to refuse to perform the procedure for ethical reasons. Also, for older children, the boy's consent as well as that of the parents would be required. The government ombudsman for children disagrees with the proposal, instead seeking to ban circumcision for boys under 16 or 18 years of age.

Virginia Board Narrows Anti-Discrimination Provisions In Adoption Agency Standards

AP reports that the Virginia State Board of Social Services voted on April 20 to eliminate various anti-discrimination protections in proposed standards for private foster care and adoption agencies. Many of the agencies involved are faith-based. (Final Regulation Agency Background Document). The original proposal (22VAC40-131-170(B)) would have prohibited denying a child placement, or denying an individual the opportunity to become a foster or adoptive parent, on the basis of race,color, gender, national origin, age religion, political beliefs, sexual orientation, disability or family status.  However, state Attorney General Ken Cuccinelli advised the Board last week that it lacked authority to go beyond the anti-discrimination provisions in federal standards for adoption plans. So the Board changed the regulations to track federal law, banning only discrimination based on race, color or national origin. (42 USC 671(a)(18)). During the public comment period, the Board received 1026 comments opposing the original language, and only 33 comments supporting it. A number of faith-based organizations opposed the original language because it would have required them to place children with same-sex couples or with individuals who are gay. It also appears that the original ban on religious discrimination might have interfered with efforts of faith-based agencies to match a child's religious beliefs. Unless the comment period is reopened, the regulations will now go to the governor, who is expected to sign them.

Muslim Group Sues New Jersey Township Over Zoning Law Excluding Mosque

The Wall Street Journal reports on the filing Tuesday in federal district court of a complaint by a Muslim group in Bridgewater Township, New Jersey alleging that the township amended its zoning ordinance in order to prevent the Al Falah Center from converting a former banquet hall into a mosque. The complaint (full text) in Al Falah Center v.  Township of Bridgewater, (D NJ, filed 4/26/2011), alleges that after local residents objected to the mosque, the township amended its zoning ordinance to bar houses of worship as conditional uses in residential areas, except for specified roads. The effect of the ordinance is to permit all existing houses of worship to remain, but to exclude the site selected for the new mosque. The suit claims that the township's action violates RLUIPA, various state and federal constitutional provisions and state statutory requirements.

ACLU Says Tennessee County Schools Promote Christianity

On behalf of three Sumner County, Tennessee families, the ACLU of Tennessee has has complained to the Sumner County school board that the school system has engaged in a pattern of unconstitutionally promoting Christianity. According to yesterday's Tennessean, a draft complaint sent to the school board cites distribution of Bibles, a cross that is displayed on one classroom wall, sectarian prayers over school loudspeakers and at school events, graduation ceremonies for three high schools being held at a local Baptist church, and a youth minister who is invited by a teacher to proselytize individual students during lunch once a week.

UPDATE: The ACLU has filed its complaint in court. Here is the full text of the complaint in ACLU of Tennessee v. Sumner County Board of Education, (MD TN, filed 5/2/2011)/

Change of Venue Granted In FLDS Land Parcel Dispute

According to the St. George (UT) Spectrum, a state court in St. George, Utah yesterday transfered a lawsuit involving land claimed by the FLDS Church to the Salt Lake County's 3rd  District court so that it can be decided together with other claims involving land owned by the United Effort Plan Trust. At issue are 20 acres that Richard Holm says he has purchased over a series of years as part of a larger 520 acre plot.  Holm purchased the land in 1990, and parcels were delivered to him over the next 10 years as he completed payment. However during the interim, the FLDS Church incorporated and Holm, a polygamist, was evicted from the 20 acres by then-FLDS president Warren Jeffs, who assigned Holm's two wives to marry Jeff's brother. Holm initially acquiesced, but later decided to fight back.  After Utah courts took control of the UEP Trust, Holm applied (in two stages) for a personal deed for the 20 acres. He says the deed has been approved by the courts. As previously reported, a federal district court recently held that Utah state courts acted unconstitutionally in asserting jurisdiction to reform the UEP Trust.

British Catholic Adoption Agency Loses Appeal Seeking To Exclude Same-Sex Couples

In Catholic Care (Diocese of Leeds), (Charity Commn., April 26, 2011), the First-Tier Tribunal of the Charity Commission of England and Wales rejected an appeal by a Catholic social service agency for permission to amend its governing documents so that it can refuse to offer adoption services to same-sex couples. The Tribunal affirmed the decision handed down last summer by the Charity Commission. It rejected the charity's argument that that the proposed amendment was justified by a provision in the Equality Act 2010 that allows a charitable organization to restrict benefits if it is "a proportionate means of achieving a legitimate aim."

Nonbelievers Seek Appointment of A Military Chaplain

The New York Times reports this morning on efforts by atheist and secular humanist groups to obtain appointment of an atheist or humanist military chaplain. This is part of a broader campaign for nonbelievers to obtain recognition in the military,  Appointment of a chaplain would help assure that all chaplains would advocate for nonbelievers with commanders, and that literature would be distributed and events advertised. A spokesman for the Military Association of Atheists and Freethinkers says a humanist chaplain would counsel troops and help them follow their faiths, just as other chaplains do. Meanwhile groups at some bases are at least moving to seek appointment of a lay atheist leader. 9,400 military members formally identify themselves as atheists or agnostics.

Bus Authority Settles Suit By Driver Fired For Refusing To Take Women To Planned Parenthood

The Austin Statesman reported yesterday that the Austin (TX) Capital Area Rural Transportation System has settled a lawsuit against it by a bus driver who was fired after he refused to transport two women to a Planned Parenthood clinic because he thought he might be taking them to have an abortion. The bus system provides rides on request to rural residents. The driver claims CARTS had an obligation to accommodate his religious beliefs opposing abortion. (See prior posting.) CARTS will pay $21,000 to settle the case. A robust debate on the settlement has been raging on Religionlaw listserv.

Backers of Prop 8 Seek To Have Ruling Invalidating It Vacated Because of Judge's Same-Sex Relationship

In Perry v. Brown, the California federal court challenge to the constitutionality of Proposition 8-- California's ban on same-sex marriage-- defendant-intervenors yesterday filed a motion (full text) to vacate the decision handed down by federal district judge Vaughn Walker last summer. Walker held that the state ban violates the U.S. Constitution. (See prior posting.)  The new motion argues:

The district judge who issued this judgment, retired Chief Judge Vaughn R. Walker, has now disclosed to the press on April 6, 2011, that he is gay and that he has been in a committed relationship for more than 10 years....The published reports of former Chief Judge Walker’s statements to the press note that he had heretofore refused to comment on these issues when asked by the press.... The published reports do not address the question whether former Chief Judge Walker and his partner have, or have had, any interest in marriage should the injunction he issued be upheld on appeal.

Given that Chief Judge Walker was in a committed, long-term, same-sex relationship throughout this case (and for many years before the case commenced), it is clear that his “impartiality might reasonably [have been] questioned” from the outset. 28 U.S.C. § 455(a). He therefore had, at a minimum, a waivable conflict and was obligated either to recuse himself or to provide “full disclosure on the record of the basis for disqualification,” id, § 445(e), so that the parties could consider and decide, before the case proceeded further, whether to request his recusal.

AP reports on these developments.

Church of England Objection Shelves Plans To Repeal Act of Settlement

As the Royal Wedding approaches in Britain, the London Telegraph reports that the Church of England has blocked government efforts to obtain repeal of the 1701 Act of Settlement which bars heirs to the throne from marrying Catholics. The British sovereign is also Supreme Governor of the Church of England. If a future heir marries a Catholic, canon law would require their children to be raised as Catholics. That in turn could result in a Catholic Supreme Governor of the Anglican Church. (See prior related posting.)

Petitions Filed To Get Circumcision Ban On San Francisco Ballot

Efforts of activists in San Francisco (CA) to ban circumcision on males under 18, even for religious reasons, are a step closer to getting the issue on the ballot. The San Francisco Chronicle reports that today proponents filed petitions with 12,265 signatures.  If at least 7,168 of them are valid, the measure will go before voters.

UPDATE: The full text of the proposal along with other information about it is available online at the San Francisco MGM Bill website.