New Oil Drilling Order Pays More Attention To Plains Indian Religious Site

The Mitchell (SD) Daily Republic reports that last Wednesday the South Dakota Board of Minerals and Environment revoked an order issued last year that would have permitted up to 24 oil wells to be drilled within 1.5 miles of Bear Butte, a site of great spiritual importance to the Northern Plains Indian Tribes such as the Cheyenne. Instead, after two days of hearings, the Board issued a new order allowing only five wells to be drilled, and requiring them to be outside the boundaries of Bear Butte national historic site. The new order also requires monitoring of drilling sites by archaeologists and tribal representatives. The new hearings were called after it was discovered that the Board failed to submit the original drilling application to the state historical preservation office for review, as required for projects that will encroach on national historic landmark sites. At the time of the earlier application hearing, no one realized that part of the proposed oil field would be within a national historic site boundary. (See prior related posting.)

Religious Instruction In Australian Schools Is Being Questioned

In Australia, the federal government allocates $222 million for school chaplaincy programs. However, according to a report this week in The Australian, the program has become controversial because 98.5% of the chaplains funded by the program are Christian, while only 64% of Australians identify as Christians. Also, the chaplains who teach in the program are volunteers and do not have to be trained as teachers. Anna Halafoff from Monash University says: "The problem with special religious instruction - the current program - is that it's not education about religions but education into a particular religion." The religious education program in the state of Victoria is under particular scrutiny after the head of Access Ministries, the group that provides school chaplains in Victoria, was quoted as saying: "We need to go and make disciples."

With The Earth Surviving, Some Suggest Suing Preacher Who Predicted The Rapture For Today

As reported by the London Telegraph, the widely publicized prediction by 89-year old California preacher Harold Camping that the Rapture would begin at 6:00 p.m. today in every time zone has not come true. The Rapture was to have seen all who were saved ascend to heaven and others destroyed by massive earthquakes. Now, according to God Discussion, some on the Internet are suggesting that donors who contributed funds to Camping’s ministry should sue to recover their contributions. Camping’s Family Radio is said to have assets of over $120 million.

Kentucky Finalizes Tax Breaks For Noah's Ark Theme Park

Finalizing action that Kentucky Governor Steve Beshear announced last year (see prior posting), the Kentucky Tourism and Development Finance Authority voted unanimously yesterday to grant $40 million in tax rebates to a Noah's Ark theme part to be built by Answers in Genesis ministry. The same group previously built the popular Creation Museum in Kentucky.  The Washington Post reports that the goal of the park is to dispel doubts that Noah could have fit two of every kind of animal in an ark.  The park will also include a replica of the Tower of Babel, theaters, lecture halls, a restaurant and a petting zoo. The park-- a $172 million project-- is expected to draw nearly 1.4 million visitors a year and create 600 to 700 full time jobs. Advocates of church-state separation have criticized the tax benefits.  Barry W. Lynn, executive director of Americans United said that the state should not be in the business of promoting fundamentalist Christianity or any other religion.

Salafis In Egypt Seeking To Form Moderate Political Party

AlMasry AlYoum reported yesterday that in Egypt a group of Salafi Muslims are collecting signatures to form a new political party to be called Fadila (Virtue) Party. Founders say the party, which is open to members of all sects, is aimed at spreading justice and equality and restoring Egypt to its former glory in accordance with Islamic principles. Salafi leader Hesham Kamal says the party is to be based on moderation and led by legal and scientific figures who took part in the January 25 revolution.  Kamal adds:

The party calls for a civil state with a religious reference and calls for a new constitution in accordance with the wishes of the people. The party is not concerned with the enforcement of hudood punishments [Islamic punishments for moral crimes] as there is more to religion than hudood punishments.

Iranian Court Acquits 11 Christians Finding Their Church Attendance Constitutionally Protected

Christian Today reports that in Iran, eleven members of the Church of Iran have been acquitted of charges that they engaged in "action against the order of the country" and that they were drinking alcohol.  According to the report published today, the charges were filed after the eleven attended a house church meeting and took communion wine.  In a written decision, the Iranian court concluded that the eleven were taking part in a Christian ceremony and that their conduct was protected under Article 13 of the Iranian Constitution that provides that: "Zoroastrian, Jewish, and Christian Iranians ... are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education." In separate cases, six other Christians are awaiting a hearing in Shiraz on blasphemy charges and a pastor of the Church of Iran is awaiting the outcome of an appeal of his death sentence for apostasy

Defamation Claim Against Pastor Dismissed Under Ecclesiastical Abstention Doctrine

In Kaplan v. Khan, (NY Sup. Ct. Kings Co., May 17, 2011), a New York trial judge dismissed a defamation claim brought by a woman against her former pastor.  At issue was pastor Nizam Khan's "rebuke" during a prayer service of Gloria Kaplan who was renting an apartment in her home to the pastor's daughter and a married man with whom the daughter was living. Khan allegedly told Kaplan: "you are running a house of prostitution and you are a whore, and you have made it just like the house of prostitution that was in the Bible when Hoffney and Phineas took in prostitutes into the temple." The court applied the ecclesiastical abstention doctrine to dismiss the case, concluding:

To the extent that the alleged statements yet convey any defamatory meaning, it is a pronouncement of the moral judgment of a pastor upon the conduct of a church member. Plaintiff acknowledges the religious practice of "rebuke," and, perhaps more importantly, acknowledges the underlying conduct declared by Defendant to be morally wanting.... To allow Plaintiff's claim to proceed under these circumstances "would necessarily involve an impermissible inquiry into religious doctrine and a determination as to whether the plaintiff violated religious law"

[corrected] 

Circumcision Ban Makes It To San Francisco Ballot

The Jewish Journal reports that on Wednesday, San Francisco (CA) Department of Elections approved a petition seeking to place a ban on circumcising boys under the age of 18 on the ballot in November. City officials approved as valid over 7,700 of the 12,000 signatures submitted. If approved, circumcision, except for medical reasons, and without any exemption for religion, would become a misdemeanor punishable by up to one year in jail and a $1000 fine. (See prior related posting.) Slate has background on the constitutional issues raised by the proposed ordinance.

Phrasing of Death Penalty Intent Notice Does Not Violate Establishment Clause

The Dexter (MO) Daily Statesman reported yesterday that a Bloomfield, Missouri state judge has denied a motion by attorneys for accused killer Allen "Smurf" McCoy challenging on Establishment Clause grounds the state's death penalty intent notice. In it the state alleged that by murdering an individual known to be handicapped and in ill-health, McCoy showed "depravity of mind and a callous disregard for the sanctity of all human life." McCoy's attorney argued that using the term "sanctity of life" favors religion, and that if the phrase were used in jury instructions, it would make a juror who lacked religious belief unable to render a verdict because the juror would not recognized the "sanctity" of all life. The court ruled that this was merely a reference to the "specialness" of life. Defendants are expected to appeal.

Most Claims Challenging Murfreesboro Mosque Are Dismissed

A Tennessee state Chancery Court judge has dismissed most of plaintiffs' claims in a widely publicized lawsuit seeking to prevent construction of a mosque in Murfreesboro, Tennessee. The Murfreesboro Daily News Journal as well as AP report that Chancellor Robert Corlew dismissed all the challenges to the Rutherford County Regional Planning Commission's approval of building plans, but is allowing plaintiffs to move ahead with their claim that the county violated the Open Meetings Act when it publicized the Planning Commission meeting only in the Murfreesboro Post. Plaintiffs claim this is not a "newspaper of general circulation."  The case attracted particular attention when plaintiffs' attorney suggested that Islam is not a "religion" but instead is a political movement so that the proposed mosque should not get the special zoning treatment given to houses of worship. (See prior posting.) Chancellor Corlew wrote in his opinion:

We must note that, under the law, the Plaintiffs have not demonstrated a loss different from that which is common to all citizens of Rutherford County.... That Islam is a religion has been proven in this case. That the county ordinance allows construction of a church or place of meeting within a residential planning zone as a matter of right in this case is further undisputed.

Obama Includes Religious Liberty Concerns As Part of His Speech On Middle East Policy

Today President Obama delivered a major speech (full text) on U.S. policy in the Middle East in light of recent developments there. C-Span reports on the address delivered at the State Department.  Obama dealt with religious freedom in part of his lengthy remarks. Here is what he said:

The United States supports a set of universal rights. And these rights include free speech, the freedom of peaceful assembly, the freedom of religion, equality for men and women under the rule of law, and the right to choose your own leaders -– whether you live in Baghdad or Damascus, Sanaa or Tehran....

We look forward to working with all who embrace genuine and inclusive democracy. What we will oppose is an attempt by any group to restrict the rights of others, and to hold power through coercion and not consent. Because democracy depends not only on elections, but also strong and accountable institutions, and the respect for the rights of minorities.

Such tolerance is particularly important when it comes to religion. In Tahrir Square, we heard Egyptians from all walks of life chant, "Muslims, Christians, we are one." America will work to see that this spirit prevails -– that all faiths are respected, and that bridges are built among them. In a region that was the birthplace of three world religions, intolerance can lead only to suffering and stagnation. And for this season of change to succeed, Coptic Christians must have the right to worship freely in Cairo, just as Shia must never have their mosques destroyed in Bahrain.

Discrimination Suit Against FLDS Dominated Town Can Continue

Cooke v. Town of Colorado City, Arizona, 2011 U.S. Dist. LEXIS 52356 (D AZ, May 16, 2011), is one of the first cases reflecting the implications of a Utah federal district court's holding in February-- now stayed pending appeal-- invalidating the Utah state court's appointment of a special fiduciary to reform the polygamous FLDS Church's United Effort Plan Trust. The UEP trust holds property in Utah and Arizona on which church members reside. (See prior posting.)  The special fiduciary, as part of his efforts to assign property of the trust to beneficiaries in a religiously neutral manner, granted a lease to a parcel of land to Ronald Cooke, a former FLDS member, and his wife. Cooke left the church at age 18 or 19 and moved to Phoenix where subsequently he was severely injured in an accident.  After receiving the lease for land in Colorado City, Cooke and his wife moved back in a trailer home, but the city refused to provide water, electricity and sewer service.  Cooke in this case sued for damages under the federal and state fair housing acts and under 42 USC 1983, alleging that Colorado City engaged in religious and disability discrimination. Meanwhile, after the Utah federal court invalidated the state court's appointment of the special fiduciary, Robert Black, the prior occupant of the Colorado City land leased to the Cooke's, filed an action in Arizona federal district court seeking a declaration that he is the rightful occupant. The court in this decision refused to stay proceedings in Cooke's lawsuit. The city had sought a stay pending the outcome of Black's declaratory action.

President Speaks At Jewish American Heritage Month Reception

On Tuesday, President Barack Obama spoke (full text of remarks) at a reception in honor of Jewish American Heritage Month held in the East Room of the White House.  He said in part:

This month is a chance for Americans of every faith to appreciate the contributions of the Jewish people throughout our history –- often in the face of unspeakable discrimination and adversity. For hundreds of years, Jewish Americans have fought heroically in battle and inspired us to pursue peace. They’ve built our cities, cured our sick. They’ve paved the way in the sciences and the law, in our politics and in the arts. They remain our leaders, our teachers, our neighbors and our friends.

Not bad for a band of believers who have been tested from the moment that they came together and professed their faith.

(See prior related posting.)

15% of Kentuckians Opt For "In God We Trust" Plates

After a long battle, in January the state of Kentucky began offering "In God We Trust" license plates as a standard-issue alternative to the "Unbridled Spirit" plate. (See prior related posting.) Christian Post reported yesterday that so far 50,261 Kentuckians have opted for this new plate with the national motto, while 275,459 have taken the "Unbridled Spirit" plate.

Groups Push For Arlington Cemetery Monument To Jewish Chaplains

Chaplains Hill in Arlington National Cemetery contains the graves of a number of military chaplains and three monuments to chaplains-- one to chaplains who died in World War I; one to Protestant Chaplains who died in World Wars I and II; and a third to Catholic chaplains who died in World War II, Korea and Vietnam. However there is no monument to the 13 Jewish chaplains who have died on active duty since World War I. CNN reported earlier this month on the efforts of Jewish groups to obtain Congressional authorization for a monument to them. Private funds have already been raised and a design for the monument has been created. The Jewish Council for Public Affairs yesterday reported on progress so far:

In the House, through the urging of Representative Anthony Weiner (D-NY), Chairman Jeff Miller (R-FL) included the text of the Jewish chaplains resolution as part of H. R. 1627, a larger bill issuing guidelines for memorials at Arlington. The bill is expected to be voted on in the House on May 23rd.

The Senate Veterans Affairs Committee is similarly working on a larger bill regarding memorials at Arlington, and this committee also intends to include the Jewish chaplains resolution as part of this bill. The Senate is still collecting co-sponsors for S.Con.Res. 4, the Jewish chaplains resolution.

Waiter Charges Waldorf Astoria With Hostile Work Environment

The New York Observer reported yesterday on a hostile work environment lawsuit filed recently in state court by Mohamed Kotbi, a banquet waiter at New York City's Waldorf Astoria Hotel. Kotbi, who was born to an elite family in Morocco, has worked at the Waldorf for over 25 years. He says his problems began shortly after 9-11. When the hotel hosted a large memorial service for employees and family members of Bear Stearns, Kotbi's supervisor removed his "Mohamed" name tag and replaced it with one reading "John," telling Kotbi that they did not want to scare guests. Shortly after this incident, other waiters began to harass Kotbi, calling him names such as "al Queda boy." Kotbi twice has filed complaints with the EEOC. Sometimes Kotbi has been able to use his real name, but recently he again was told to wear a tag with a different name during a fund-raiser at the hotel for Friends of the Israeli Defense Forces. According to MyFoxNY, the Waldorf has issued a statement denying the charges and saying that Kotbi has a long history of unfounded workplace complaints.

Pro-Lifer Counterclaims Against DOJ, Claiming Interference With Speech and Free Exercise Rights

Last month, the U.S. Department of Justice filed a civil complaint under the Freedom of Access to Clinic Entrances Act against Angel Dillard, a Kansas woman who sent an intimidating letter to Wichita physician, Dr. Mila Means, who was training to offer abortion services. The letter read in part: "You will be checking under your car everyday- because maybe today is the day someone places an explosive under it." The lawsuit seeks an order barring Dillard from contacting the doctor or coming with 250 feet of her, her home, car or place of business. (Justice Dept. press release, 4/7/11). The Wichita Eagle and KNSS Radio News reported today that after a ruling last month by the court that while Dillard's letter was meant to intimidate, it was not a true threat, Dillard has filed a counter-claim seeking damages against the government. Her counter-claim alleges that the government's actions "have had, and continue to have an unlawful chilling effect on Defendant's and others' right to free speech and free exercise of religion." It also contends that the government has interfered with Dillard's right to worship where she chooses because her church is located less than 250 feet from Dr. Means' office.

New Study Focuses On Causes of Sexual Abuse By Priests

The New York Times and Religion News Service both have advance reports on a study that is to be released today by the U.S. Conference of Catholic Bishops titled The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010. The study was carried out by researchers at the John Jay College of Criminal Justice and was funded largely by the bishops and Catholic organizations.  Here are some excerpts for the RNS summary of the 150-page [corrected] study:

The first myth challenged by the study is that priests tend to be pedophiles. Of nearly 6,000 priests accused of abuse over the past half century (about 5 percent of the total number of priests serving during that period), less than 4 percent could be considered pedophiles, the report notes—that is, men who prey on children....

Second, the researchers found no statistical evidence that gay priests were more likely than straight priests to abuse minors.... The disproportionate number of adolescent male victims was about opportunity, not preference or pathology, the report states.

What’s more, researchers note that the rise in the number of gay priests from the late 1970s onward actually corresponded with “a decreased incidence of abuse—not an increased incidence of abuse.”

Similarly, celibacy remained a constant throughout peaks and valleys of abuse rates, and priests may be less likely to abuse children today than men in analogous professions.... Better preparation for a life of celibacy is key, however, and improved seminary training and education in the 1980s corresponds to a “sharp and sustained decline” in abuse since then—a dramatic improvement that has often been overlooked.

The huge spike in abuse cases in the 1960s and 1970s, the authors found, was essentially due to emotionally ill-equipped priests who were trained in earlier years and lost their way in the social cataclysm of the sexual revolution.

UPDATE: Here is the full text of the report, along with a press release from the Conference of Bishops and other related material.

100,000 Want Religious Education As Part of British Core School Subjects

Last year, Britain's Department of Education introduced the English Baccalaureate which ranks schools according to students' performance in five key subjects-- English, mathematics, history or geography, the sciences and a language. BBC reports today that a petition containing more than 100,000 signatures was handed to the government this week demanding that Religious Education be added to the core subjects. Religious leaders have argued that without this, a generation of children will have no knowledge of the role of faith in society. Proponents say the petition should lead to a Parliamentary debate in line with promises by the Prime Minister during the election that any petition receiving over 100,000 signatures would be eligible for Parliamentary debate.

Catholic Hospital Is Exempt From Washington State Anti-Discrimination Law

In Harris v. Providence Everett Medical Center, (WA App., May 16, 2011), a Washington state appellate court held that a hospital whose parent company is sponsored by a Catholic religious order, the Sisters of Providence, comes within the statutory exemption (RCW 49.60.040(11)) in the state's anti-discrimination law for non-profit "religious or sectarian" organizations. Plaintiff in the case, who claimed pregnancy discrimination, had argued that the hospital was estopped from asserting the religious exemption because of non-discrimination promises made in its employee handbook, but the court found she did not show that she was ever given a copy of the handbook or that the policy in it, as opposed to that in the union's collective bargaining agreement, applied to her.