Valedictorian Moves To Intervene In School's Appeal of Graduation Ban On Prayer

As previously reported, earlier this week a Texas federal district court judge in Schultz v. Medina Valley Independent School District, (WD TX, June 1, 2011), issued a preliminary injunction barring the official listing of an invocation or benediction in the graduation program for Medina Valley (TX) High School, and ordering school officials to instruct students previously chosen to deliver the invocation and benediction to change their presentation to be a statement of their own belief as opposed to leading the audience in prayer. The students are not to end their presentations with "amen" or a statement that they are praying in Jesus' name. School officials appealed the judge's order to the U.S. 5th Circuit Court of Appeals.  Yesterday, Liberty Institute [corrected] issued a press release disclosing that it has filed an emergency motion with the 5th Circuit on behalf of the school's valedictorian, claiming that the district court's order amounts to an unconstitutional prior restraint on her speech. The motion (full text) alleges:

[Valedictorian Angela] Hildenbrand intends that her graduation address include words on permissible subjects from a religious viewpoint. During her address, based upon her sincerely held religious beliefs, she desires to pray and speak the words ―Lord, ―in the name of Jesus, and ―Amen. She also intends to make clear that her words are in her personal capacity as a citizen and of her own choosing; her school has neither sanctioned nor condoned them.

Meanwhile yesterday, Texas Attorney General Greg Abbott announced that he had filed an amicus brief supporting valedictorian Angela Hildenbrand's position.

Victoria Parliament Votes To Expand Religious Exemptions To Equal Opportunity Act

After a narrow defeat last week resulting from one member of the Legislative Assembly missing the vote (see prior posting), yesterday in Australia, Victoria's Legislative Assembly passed the Equal Opportunity Amendment bill (full text). The bill creates additional exceptions to the state of Victoria's anti-discrimination law that takes effect next month.  One of the changes the bill makes is to eliminate the requriement that in order for religious bodies and religious schools to hire based on religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity, they must show that conforming with the doctrines of the religion is an inherent requirement of the job. According to Parliament's Explanatory Memorandum:  "By removing the inherent requirements test, employment will become one of the types of action covered by the general religious exception to apply to a religious body in section 82 of the Principal Act."

The Melbourne Herald Sun reports that the debate in the Legislative Assembly was bitter.  Questions were raised as to whether it is legal to have a re-vote during the same session on a bill that was once voted down.  The government took the position that when the initial result was impacted because an MP accidentally missed the vote, a new vote is allowed by analogy to rules of Australia's federal Parliament. Opposition leaders claimed that Community Services Minister Mary Wooldridge actually deliberately missed the vote last week.  Also in the debate, opponents of the bill charged that Attorney General Robert Clark, who supported the bill, was homophobic.

Following passage by the Legislative Assembly, the Legislative Council passed the bill on its first reading.

Baptists Can Proselytize At Catholic Festival-- But No Bull Horns

A group of Baptist proselytizers have won the right to distribute pamphlets and speak with attendees on public streets around a Catholic Church where the Church annually holds a festival. However they are precluded from using bull horns to convey their views.  Since 2008, plaintiffs have proselytized with their anti-Catholic message at St. Symphorosa Church's annual Family Fest.  The festival is held on church grounds and the sidewalks surrounding the Church under a permit issued by the city. In Teesdale v. City of Chicago, 2011 U.S. Dist. LEXIS 57925 (ND IL, May 26, 2011), an Illinois federal district court held that police had probable cause in 208 to arrest one of the proselytizers, Frank Teesdale, for disorderly conduct for using a bullhorn to proselytize on the Festival sidewalks. However the court issued a declaratory judgment affirming the right of  nine or fewer members of the Garfield Ridge Church to distribute leaflets, speak to those in attendance (but not use a bullhorn), and to carry one 4-foot banner as well as non-pole signs on the public streets where the festival is being held. This decision disposes of issues not resolved in March 2010 decision by the court. (See prior posting.)

Proposed Bill On Holocaust Era Insurance Claims Splits Survivor Groups From Their Traditional Supporters

In 1998, a Memorandum of Understanding between European insurance companies, U.S. insurance regulators, as well as Jewish and Holocaust survivor groups, created the International Commission on Holocaust Era Insurance Claims (ICHEIC). The Commission completed its work in 2007, having offered or awarded $306.2 million to 48,000 claimants. (Background.)  As part of this process, in 2000 the United States negotiated an agreement with Germany in which the German government agreed to create a foundation whose funds would be used to compensate Holocaust victims who suffered losses from German insurance companies.  In return, the U.S. agreed that whenever a German insurance company was sued in a U.S. court on a Holocaust era claim, the State Department would submit a statement that it would be in the best interests of the U.S. for all claims to be settled through the ICHEIC.  Two judicial decisions have upheld this arrangement-- American Insurance Assoc. v. Garamendi, (US Sup. Ct., 2003) (state law pre-empted), and Weiss v. Assicurazioni Generali, S.P.A., (2d Cir., 2010) (private suits that fall within the ICHEIC process are pre-empted by U.S. foreign policy interests).

Today's New York Times reports on efforts in Congress on behalf of Holocaust survivors whose claims were not paid through the ICHEIC process. HR 890 (Holocaust Insurance Accountability Act of 2011) would validate state laws requiring disclosure of Holocaust era policies, and would authorize suits in federal court to enforce rights under Holocaust era policies.  This effort has created an unusual split between the interest of survivor groups on the one hand and those of the U.S. State Department and Jewish groups involved in setting up the ICHEIC on the other which oppose the proposed legislation.

FLDS Leader Seeks Preliminary Protections As To Evidence In Canadian Tax Trial

Another chapter in the many legal battles against the polygamous FLDS Church and its leaders is taking place in a federal tax court in Canada.  Winston Blackmore, one of the FLDS Church leaders who lives in Bountiful, British Columbia, has been assessed back taxes and $150,000 in penalties for allegedly under reporting $1.85 million in income.  Canadian Press reported yesterday that tax officials charge J.R. Blackmore and Sons, Ltd., a company majority-owned by Blackmore, evaded corporate taxes by reporting as business expenses large amounts that were in fact used to support Blakmore, his wives and his many children. The government contends that Blackmore's reported earnings were insufficient to support himself and his family.  Blackmore is challenging the back taxes and penalties in court in Vancouver.  Before the trial begins, he has filed a motion to ban publication of any information about polygamy that comes out in the proceedings, and for an order preventing evidence in this trial from being used against him in any future criminal proceedings charging polygamy if B.C.'s polygamy law is ultimately upheld as constitutional in other pending court proceedings. (See prior posting.)  The judge says he will rule on the publication ban on Friday, but will need longer to consider the motion regarding use of tax court evidence in later criminal proceedings.

Dalai Lama Gives Up Secular Powers, Thwarting Alleged Chinese Plans

AP reports that last Sunday in India, the parliament of the Tibetan government in exile passed, and the Dalai Lama signed, amendments to the Constitution of the Tibetan exile government. Renaming the government the Tibetan Administration, under the amendments the Dalai Lama gave up his formal position as political leader of the country and will, from now on, only make suggestions to the civil government. CNN reports that the new civil leader of the Tibetan government is Lobsang Sangay.  Yesterday's Morung Express explained in greater detail how these and other planned moves undercut extensive plans that China allegedly has to control Tibet in the future.

[The Dalai Lama's] next task will be replacing the current reincarnation-based selection process for his successor as Dalai Lama to one by nomination. As per his plans, his successor will be nominated during his own lifetime and will be an acknowledged scholar and an enlightened monk. This means that unlike the previous 14 Dalai Lamas, the 15th Dalai Lama will not be a child discovered through a traditional religious process and certified by a team of designated senior lamas as the reincarnation of the 14th Dalai Lama.

In the amended Constitution the provision of the traditional all-mighty ‘Council of Regents’ — a group of senior monks, Ministers and bureaucrats that takes over all powers of the Dalai Lama in the event of his death — also stands abolished. This change will automatically protect the ‘Government-in-Exile’ from any possible machinations by the Chinese during the 20-year-long ‘bardo’ — the period between the death and rebirth of a person. There are instances when China interfered in Tibet’s affairs using its influence on individual members of the ‘Council of Regents’. ....

Beijing today enjoys the privilege of having two Panchen Lamas under its physical control. It is in a position to parade dozens of ‘living Buddhas’ in front of Chinese and international TV from Tibet. It can also secure the services of senior Buddhist scholars and leaders from client countries who would happily endorse any Chinese sponsored ‘reincarnation’ of the Dalai Lama whenever the necessity arises.

But by giving up his temporal powers and proposing to change the succession system, the Dalai Lama has demolished the hopes of Beijing.

Group Asks California AG To Sue Preacher Who Falsely Predicted The Rapture

Yesterday, the Freedom from Religion Foundation announced that it has written the California Attorney General asking that the state investigate filing a civil fraud action against Rev. Harold Camping and his radio stations over their predictions of the Rapture. (Full text of letter.) The letter, citing provisions of the California Civil Code creating a cause of action for fraud, explained:

There are media reports of dozens of Camping's followers who liquidated their own assets to contribute tens and sometimes hundreds of thousands of dollars to Camping's organization, convinced (by Camping) that they would have no need for the money or material goods after May 21 and that they were needed by Family Stations Inc., in order to advertise for the proclaimed Rapture. Others incurred thousands of dollars in debt through extravagant purchases and family vacations, allegedly convinced (by Camping) that they should enjoy the world before its impending destruction. Some quit their jobs, sold or abandoned their homes, packed their families and moved in preparation for the 'end of the world.'...

The California Attorney General's Office has a duty to protect the public from predatory charities, and we hereby request that the Charitable Trusts Section investigate and, if appropriate, take legal action against Family Stations Inc. for its potential fraudulent misuse of charitable assets....

Thailand Attempting To Ban Religious Tattoo Tourism

Fox News reported yesterday that in Thailand, the Culture Ministry's Subcommittee on Safe and Creative Media has ordered provincial governors to end the "alarming trend" of foreign tourists obtaining tattoos of religious images on their bodies while in Thailand.  Apparently it has become popular in tourist destinations in Thailand for visitors to obtain tattoos of Buddha, Ganesh and Jesus. Culture Minister Niphit Intharasombat called these tattoos "culturally inappropriate."  He is seeking new legislation to outlaw the use of religious symbols for commercial purposes. In the meantime, governors are to seek voluntary cooperation in ending the tattoos. The Phuket Gazette carries photos of two examples or the tattoos, and says that the Ministry will face opposition trying to outlaw the tattoos. They are popular and profitable for tattooists. However Ladda Tangsupachai, director of the ministry's Cultural Surveillance Center, is concerned that tattoos on individuals such as prostitutes or go-go dancers would erode respect for religion, as would tattoos on inappropriate parts of the body.

Quebeckers Challenge Day Care Rules Eliminating Religion From Curriculum

In Canada yesterday, a coalition of Catholic and Jewish day care providers and parents filed a lawsuit seeking to enjoin new regulations in the province of Quebec that came into force on June 1. The new rules bar some 1,400 government-subsidized day cares from offering children activities that teach "a belief, a dogma or the practice of a specific religion." The rules particularly impact about 100 subsidized day cares that have a religious focus.  The Montreal Gazette and the Toronto Globe and Mail both report on the lawsuit. Plaintiffs, known as Quebeckers for Equal Rights to Subsidized Day Care, argue that the new rules are vague, discriminate against parents who believe that daycares should be an extension of the home and infringe freedom of religion protected by the Canadian Charter of Rights and Freedoms.

Store Owner Fails To Show City Plan To Resell His Property To Nearby Church

In Wardany v. City of San Jacinto, 2011 U.S. Dist. LEXIS 57148 (CD CA, May 27, 2011), a California federal district court rejected claims by a convenience store owner that the city's construction of a median on the road in front of his store that left him "land locked" was motivated by a desire to purchase his property and resell it to a nearby church. Among the claims dismissed by the court was an Establishment Clause challenge. The court concluded that plaintiff had not alleged any facts from which the court could infer that the city had plans to purchase and resell the property.

Roy Moore Could Announce His Presidential Candidacy Soon

According to Religion Dispatches yesterday, former Alabama Supreme Court Chief Justice Roy Moore has formed a Presidential exploratory committee and could announce his candidacy for the Republican nomination this Friday when he speaks at the Christian Reconstructionists Institute on the Constitution.  Moore is best known for his fight to deep a large Ten Commandments replica in the rotunda of the Alabama Supreme Court's building.

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.

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).

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.