Religion Clause

Wednesday, June 01, 2011

Bangladesh's Prime Minister Wants Islam As Official Religion, But Freedom For Other Religions As Well

Last year, Bangladesh's Supreme Court restored certain provisions in the country's 1972 Constitution, thereby reverting to provisions that affirm secularism in the country. At the same time, Parliament crated a committee to propose amendments to the Constitution to comply with the Court's order. (See prior posting.) Now, according to On Islam yesterday, Bangladesh Prime Minister Sheikh Hasina has told the Parliamentary committee that she favors retaining Islam as the state religion in the constitution. Hasina wants the Arabic phrase "Bismillahir Rahmanir Rahim" (In the name of Allah, the Most Merciful, the Most Compassionate) to remain above the Constitution's Preamble. She also wants to add a provision guaranteeing that all other religions may be practiced in peace in the country.

Israeli Ministry Recommends Steps To Deal With Cults

The Jerusalem Post reported last week on a report issued by a special task force of Israel's Ministry of Welfare and Social Affairs that focuses on activities of religious cults in Israel. The study was undertaken after authorities last year arrested 60-year old polygamist Goel Ratzon. A raid on his compound led to charges against him of rape and incest, and provision of rehabilitative treatment for Ratzon's 17 wives and 39 children. The Ministry's new 48-page report recommends defining a cult as a group that converges around one person or idea and adopts thought and behavior-controlling methods. It also recommends creation of a new national agency that will immediately intervene in cult activities, and the creation of a hot line for reporting of cults. The report contains recommendations on preventing individuals from joining cults, early intervention and rehabilitative therapy. The report says that 80 to 100 other cult groups are operating in Israel.

Joseph Grieboski, founder of the Institute on Religion and Public Policy, published an opinion piece yesterday at Huffington Post strongly criticizing the task force report, charging: "The Report derogatorily grouped together as so-called "cults" or "sects" approximately 80 belief systems and contains a blueprint for systematic, government-fueled intolerance directed at minority religious communities throughout Israel."

European Political and Religious Leaders Encourage Religious Freedom In Middle East

On Monday, Christian, Jewish, Muslim and Buddhist leaders (list of attendees) met in Brussels with leaders of the European Union. An EU press release says that:

This was the seventh in a series of annual meetings launched by [EU] President [Jose Manuel] Barroso in 2005. This is the second time that the meeting takes place in the context of the Lisbon Treaty which foresees in its Art 17 that the Union maintains an "open, transparent and regular dialogue" with religion, churches and communities of conviction. Today's meeting testifies once again of the importance that European institutions give to this dialogue.

Reuters reports on a news conference by European Parliament President Jerzy Buzek, European Commission President Jose Manuel Barroso, and European Council President Herman Van Rompuy held after the meeting. The leaders said they would defend religious freedom in the Middle East as part of their support for the spread of democracy in the Arab Spring. European Council President Van Rompuy said: "there is no contradiction between Islam and democracy. This period of openness must be maintained after the revolutions and religious and other minorities must be respected." Meanwhile yesterday's New York Times published a front page article on ongoing tensions in Egypt between Coptic Christians and Muslims.

Tuesday, May 31, 2011

Hungary's Cabinet To Consider New Law On Churches

Politics.hu reports today that Hungary's cabinet will be presented within a few weeks with a proposed new law on churches. It will prohibit the government from controlling or supervising churches. The bill will define churches as communities primarily engaged in religious activities, and will exclude from the definition activities such as data management, lobbying, psychical or parapsychology services, and medical and business ventures. The bill will define 9 groups as "historic churches" in Hungary: Catholic, Reformed and Lutheran, Jewish, various denominations of the Orthodox church, Unitarians, Baptists, Methodists and Pentecostals. It will then have other categories: "new Protestant churches" (such as the Faith Church), "religious communities recognised by Parliament", and "churches with considerable public activities that can conclude an agreement with the government." The law will define criteria for recognition as a church: a focus on religion, a creed, a 20-year history in Hungary, at least 1000 members and formal organizational documents and elections.

Collateral Attack On Santa Rosa School Consent Decree Is Limited By Court

Allen v. School Bord for Santa Rosa County, Florida, 2011 U.S. Dist. LEXIS 56853 (ND FL, May 20, 2011), is another installment in the long-running litigation over religious practices in the Santa Rosa county schools. In 2010, a large group of parents, teachers, and students sought to enjoin the Santa Rosa school board and superintendent from enforcing a consent decree they entered in 2009 barring various religious practices in the schools. Plaintiffs claim that the consent decree violates their First Amendment rights and that it is now unenforceable because the original plaintiffs have graduated high school. (See prior posting.) In the current decision, the court concluded that under doctrines of res judicata teachers and official parent volunteers and chaperones, while acting in their official capacities, are precluded from bringing a facial attack seeking to invalidate the entire consent decree or enjoin enforcement of it in its entirety. The court went on however to allow a more limited attack on the interpretation and application of the decree to private conduct of parents and teachers:

The plaintiffs have raised plausible claims that their individual rights based on private nonofficial conduct are being violated due to the manner in which the consent decree is being implemented or due to portions of the consent decree that they allege to be overly broad... These challenges are not barred by res judicata.... Any remedy that would require the court to impose a narrowing construction on a particular definition within the consent decree to ensure it is constitutionally applied, or that would require enjoining particular enforcement conduct by the School Board, will not invalidate the consent decree in its entirety.

[T]he remaining plaintiffs [other than teachers and parent chaperones] lack standing to seek to undo the consent decree in its entirety because they have no interest in the school's regulation of its employees' official-capacity conduct, except to the extent that the regulation of official conduct adversely impacts their own constitutional rights as private citizens in some specific manner.

States Are Enacting Numerous Anti-Abortion Statutes Since Republican Legislative Victories

Sunday's New York Times Magazine carries an article titled The Re-Incarnation of Pro-Life. It points out that since Republicans took control of over half the state legislatures this year, 64 new state anti-abortion laws have been enacted. Abortion rights proponents are being selective and strategic in determining which of these laws to challenge in court. They are filing suits on those that create the most serious problems and which are most likely to sway public opinion.

Some Recent and Forthcoming Books of Interest

Here are some recent and forthcoming books of interest:

Thomas David DuBois, Religion and the Making of Modern East Asia, (Cambridge Univ. Press, April 2011).
Robert Kimball Shinkoskey, Do My Prophets No Harm-- Revelation and Religious Liberty in the Bible, (Wipf and Stock, March 2011)
John D. Wilsey, One Nation Under God, (Pickwick Publications, June 2011).
Jocelyn Maclure and Charles Taylor, Secularism and Freedom of Conscience, (Harvard University Press, Sept. 2011).
Thomas Albert Howard, God and the Atlantic: America, Europe, and the Religious Divide, (Oxford Univ. Press, March 2011).
David Sorkin, The Religious Enlightenment: Protestants, Jews, and Catholics from London to Vienna, (Princeton Univ. Press, May 2011).
Paul Rasor and Richard E. Bond (eds.), From Jamestown to Jefferson: The Evolution of Religious Freedom in Virginia, (Univ. of Virginia Press, April 2011).
Elaine R. Thomas, Immigration, Islam, and the Politics of Belonging in France: A Comparative Framework, (Penn Press, Oct. 2011).

Monday, May 30, 2011

Many Churches Miss IRS Filing Deadline For Health Care Tax Credit

According to BNA's (May 20) Daily Report for Executives, thousands of churches with fewer than 25 full-time-equivalent employees missed the May 15 filing deadline to claim a 25% tax credit for health insurance premiums paid to their clergy and staff in 2010. Also to qualify, the average 2010 wages paid per full-time equivalent employee must have been less than $50,000. Reporting on findings by the Evangelical Council for Financial Responsibility, the report says that the credit-- for both small businesses and small non-profits-- was part of last year's health care reform bill, the Patient Protection and Affordable Care Act. (Information from IRS). Churches operating on a later-than-year-end fiscal year for tax purposes still have time to claim the credit for 2010, and all small churches can claim the credit for 2011 by filing IRS Form 8941 and Form 990-T on a timely basis.

Obama Issues 2011 Memorial Day Proclamation Calling for Prayer for Peace

Last week, President Obama issued this year's Memorial Day Proclamation (full text) titled "Prayer for Peace, Memorial Day, 2011." Pointing out that: "On this Memorial Day, we honor the generations of Americans who have fought and died to defend our freedom," the Proclamation designates today "as a day of prayer for permanent peace." It specifies 11:00 a.m. local time as "a period ... when the people of the United States might unite in prayer." The Proclamation also asks Americans to observe the National Moment of Remembrance at 3:00 p.m. local time today. The annual Proclamation is called for by federal law, 36 USC 116.

Malta Voters Approve Legalizing Divorce

The official results of yesterday's referendum in Malta on legalizing divorce show that the proposal was approved by a 52.67% majority. The Catholic Church in the 95% Catholic country had been urging a "no" vote. (See prior posting.) DI-VE reports that in a conciliatory statement Sunday, Maltese bishops said:

To those who had an active role on both sides, we would like to show you our sorrow if anyone felt hurt by any word or action from members of the Church, as much as we ascertain our unconditional forgiveness for all those we feel have hurt us. ...

We vow to engage in deep reflection to see how we can improve our work, so that the Christian family can truly be a strong force of love and stability in the centre of the Church’s life in our society.

According to the London Guardian, the vote was advisory, and it is now up to Malta's Parliament to enact a divorce law. If it does, the Philippines will be left as the only country in the world where divorce is not permitted. [Thanks to Pew Sitter for the lead.]

Orthodox Rabbis Suggest Rabbinical Consultation Before Sexual Abuse Is Reported To Police

The Forward last week reported on the May 15 "Halacha Conference for Professionals" sponsored by Agudath Israel of America held in Brooklyn (NY). Agudath reflects the views of strictly Orthodox Jews. Part of the conference focused on a recent ruling by a leading rabbinic authority, Rabbi Shalom Elyashiv, that Jews who have reasonable suspicion that a case of sexual abuse has taken place may go directly to secular law enforcement authorities, notwithstanding the usual requirement of Jewish law that disputes be taken to rabbinic courts. Appearing on a panel at the Brooklyn conference, Rabbi Shlomo Gottesman said that Elyashiv's ruling requires "reasonable suspicion", and that a rabbi with experience in these issues should be consulted as to whether this standard has been met before civil authorities are notified. Another panel member said that even teachers, social workers and other professionals who are mandated by state law to promptly report suspected cases of sexual abuse should first consult a rabbi. However, an Ocean County, New Jersey prosecutor whose jurisdiction includes a large Orthodox Jewish community said that this advice may violate New Jersey law.

Sunday, May 29, 2011

Some Christian Colleges Are Concerned About New Federal Regulations Taking Effect In July

The World Journalism Institute Times Observer reported Friday that private Christian colleges are concerned about new federal regulations that take effect July 1, 2011 that define institutions that qualify to participate in various federal student financial aid programs. Some of the other provisions affecting eligible institutions take effect July 1, 2012. (Full text of DOE Oct. 2010 Release adopting new rules.) The new 34 CFR Sec. 600.9 that takes effect this July to define when an institution is legally authorized by a state, and thus meets one of the eligibility requirements, provides:

(a)(1) An institution ... is legally authorized by a State if the State has a process to review and appropriately act on complaints concerning the institution... and the institution meets the provisions of paragraphs (a)(1)(i), (a)(1)(ii), or (b) of this section.

(i)(A) The institution is established by name as an educational institution by a State ... and is authorized to operate educational programs beyond secondary education....
(B) The institution complies with any applicable state approval or licensure requirements, except that the state may exempt the institution ... based on the institution’s accreditation ... or based upon the institution being in operation for at least 20 years.

(ii) If an institution is established by a State on the basis of an authorization to conduct business in the State or to operate as a nonprofit charitable organization, but not established by name as an educational institution ...under paragraph (a)(1)(i) of this section, the institution—
(A) By name, must be approved or licensed by the State to offer programs beyond secondary education...; and
(B) May not be exempt from the State’s approval or licensure requirements based on accreditation, years in operation, or other comparable exemption....

(b)(1) Notwithstanding paragraph (a)(1)(i) and (ii) of this section, an institution is considered to be legally authorized to operate educational programs beyond secondary education if it is exempt from State authorization as a religious institution under the State constitution or by State law.
(2) For purposes of paragraph (b)(1) ..., a religious institution is an institution that—
(i) Is owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation; and
(ii) Awards only religious degrees or certificates including, but not limited to, a certificate of Talmudic studies, an associate of Biblical studies, a bachelor of religious studies, a master of divinity, or a doctor of divinity.

(c) If an institution is offering postsecondary education through distance or correspondence education to students in a State in which it is not physically located or in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering postsecondary distance or correspondence education in that State....

Apparently the provisions requiring destination state approval in order to offer distance learning courses are a particular concern to some Christian colleges. Also of concern to some schools is the definition of "credit hour" in 34 CFR 600.2. It is defined as one hour of classroom instruction and two hours of out-of-class work by students for 15 weeks (with certain exceptions)

Recent Prisoner Free Exercise Cases

In Lawson v. Secretary, Florida Department of Corrections, (11th Cir., May 25, 2011), the 11th Circuit upheld a district court's dismissal of a claim by a prisoner that he was denied access to kosher meals and to Jewish religious services and observance of Jewish holidays. The district court concluded that plaintiff's beliefs were not sincere.

In McGeachy v. Aviles, 2011 U.S. Dist. LEXIS 53647 (D NJ, May 18, 2011), a New Jersey federal district court dismissed without prejudice complaints by 29 pre-trial detainees that the Hudson County Correctional Center that there are no Muslim worship services or classes, Protestant services are only conducted in Spanish, and there is no access to Jewish or Catholic services in one cell block. The dismissal was based on failure to pay the required filing fee.

In Polk v. Patterson, 2011 U.S. Dist. LEXIS 53868 (D UT, May 17, 2011), a Utah federal district court rejected constitutional challenges by an inmate who was an adherent of Odinism. He claimed that he was denied various items needed for the practice of his religion, including a copy of the Edda, a Thorshammer Medallion, wood runes, bowl, meditation drum and oath ring.

In Hunter v. Director of Corrections, 2011 U.S. Dist. LEXIS 53943 (ED CA, May 18, 2011), a California federal magistrate judge dismissed with leave to amend an inmate's claim that correctional officers denied him access to religious services in retaliation for his filing an unrelated administrative complaint. The handwritten complaint was largely illegible, and also reflects mainly opinion instead of factual allegations.

In Williams v. Montileon, 2011 U.S. Dist. LEXIS 54768 (D NJ, May 20, 2011), a New Jersey federal district court dismissed with leave to amend an inmate's claim that he was denied religious services and a religious diet.

In Patterson v. Bradford, 2011 U.S. Dist. LEXIS 54412 (D NJ, May 19, 2011), a New Jersey federal district court dismissed, without prejudice, an inmate's claims that his rights under the 1st, 14th and 8th amendments as well as RLUIPA were violated when the coordinator of the prison's NuWay Program made mocking remarks about Islam and mimicked an Arabic prayer. It also dismissed claims that supervisors failed to supervise the program coordinator.

In Emmingham v. Seltzer, 2011 U.S. Dist. LEXIS 54448 (D OR, May 19, 2011), an Oregon federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 54438, Jan. 18, 2011) and dismissed an inmate's claim that prison authorities and a former roommate to whom the inmate sent threatening mail violated plaintiff's rights when a prison official restricted his outgoing mail. He claimed in part that the restriction was imposed because he is a practitioner of Buddhism.

In Clark v. Small, 2011 U.S. Dist. LEXIS 54931 (SD CA, May 23, 2011), a California federal district court rejected a Muslim inmate's challenge to a lock down that occurred during two weeks of Ramadan in 2008 after a large scale disturbance and a riot among inmates. The lock down prevented plaintiff from assembling with others in the chapel to pray, study and break the fast as a group.

In McReaken v. Schriro, 2011 U.S. Dist. LEXIS 55560 (D AZ, May 23, 2011), an Arizona federal district court rejected a complaint by a Wiccan inmate that a prison order treats Native American Sweat Lodge ceremonies more favorably than outdoor ceremonies by other religious groups by barring interruption of Sweat Lodge ceremonies except for security concerns.

Cert. Denied In Corporation Sole's Challenge To FTC Regulation

Last week, the U.S. Supreme Court denied certiorari in Daniel Chapter One v. FTC, (Docket No. 10-1292, cert. denied 5/23/2011) (Order List.) In the case, the D.C. Circuit Court of Appeals held that an organization's formal legal status as a religious corporation sole does not prevent the Federal Trade Commission from regulating its advertisements for dietary supplements. The organization actually operated as a for-profit. The Circuit Court also rejected the argument that the FTC violated the Establishment Clause by using "scientism" as the basis for its requirements. (See prior posting.)

Saturday, May 28, 2011

Algerian Christian Sentenced To 5 Years For Blasphemy

International Christian Concern reports that last Wednesday the Criminal Court in Algeria's Djamel District sentenced an Algerian Christian, Siagh Krimo, to five years in prison for violating Art. 144 bis 2 of Algeria's Penal Code. That section prohibits acts that "insult the prophet and any of the messengers of God, or denigrate the creed and precepts of Islam...." Krimo's neighbor, who did not appear as a witness, accused Krimo of Christian proselytizing and of making defamatory statements against the Prophet Muhammad. Krimo holds weekly prayer servies at his home which apparently are monitored closely by Algerian police.

North Dakota Will Vote On Religious Freedom Constitutional Amendment

In the state's June 2012 election, North Dakotans will vote on a religious freedom amendment to the state constitution. According to the Devil's Lake Journal, the North Dakota Secretary of State ruled this week that sufficient signatures had been obtained to place the initiative on the ballot. The proposed amendment provides:

Government may not burden a person's or religious organization's religious liberty. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be burdened unless the government proves it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A burden includes indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.

[Thanks to Don Byrd for the lead.]

Delaware Enacts Same-Sex Civil Union Legislation

On May 11, Delaware's Gov. Jack Markell signed SB No. 30 (full text), authorizing same-sex civil unions in the state. The Wilmington (DE) News-Journal reported on the signing ceremony. The bill, which gives parties to a civil union the same rights as married couples, provides that civil unions may be performed by clergy, judges or clerks of the peace. It, however, protects the rights of clergy (but not of clerks of the peace) to refuse to do so, providing:

nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a Clerk of the Peace or deputy thereof who issues a civil union license shall be required to perform a solemnization of such civil union if requested by the applicants for such license....

The new law will become effective on Jan. 1.

Graduation Prayers From High School To Kindergarten Generate Complaints

Americans United announced Friday that it had filed a lawsuit challenging a Texas school district's plan to officially include prayers in its graduation ceremony, scheduled for June 4. The complaint in Schultz v. Medina Valley Independent School District, (WD TX, filed 5/26/2011) requests emergency relief, alleging that the planned student-led invocation and benediction violate U.S. Supreme Court precedent under the Establishment Clause. UPDATE: Reuters reported that on May 31, the court ruled that the graduation ceremony may not include an opening or closing prayer and the ceremony may not include presentations called an "invocation" or "benediction". The school does not plan to appeal the ruling. UPDATE2: Subsequently the San Antonio Express News reported that Medina Valley High School officials are appealing the court's ruling.

Meanwhile, the Freedom from Religion Foundation said in a press release yesterday that it has sent a letter (full text) to the Giles County, Tennessee, Director of Schools complaining about a two-minute sectarian prayer by a local clergyman at the kindergarten graduation at Pulaski Elementary School. Apparently prayer is traditional at the school's kindergarten graduations. The school principal introduced the clergyman who then offered the prayer which ended with the words "in the name of Jesus Christ." [Thanks to Alliance Alert for the lead.]

Friday, May 27, 2011

Suits Against Atlanta Pastor and His Mega-Church Are Settled

The Atlanta Journal Constitution reports today that there has been a settlement in four civil lawsuits against Bishop Eddie Long, his LongFellows Youth Academy and his New Birth Missionary Baptist Church. In the suits, four men alleged that the prominent Atlanta pastor used his spiritual authority to coerce young male members and employees of his mega-church into sexual relationships. (See prior posting.) Apparently the settlement is the result of contentious mediation that has been underway in the lawsuits since February. Neither side would comment on the terms of the settlements, except to say that they will result in the lawsuits being dismissed with prejudice.