Texas Legislature Passes Bill Allowing Condo Owners To Affix Mezuzahs To Door Frames

Last week the Texas Legislature passed and sent to the governor for his signature H.B. 1278 which bars condominium property owners' associations from adopting restrictive covenants that would prevent Jewish property owners or residents from placing a mezuzah on the door of their home. The law is limited to religious items whose display is motivated by the owner's or resident's sincere religious beliefs that are placed on the entry door or door frame and which are not over 25 square inches in size. The law allows condo associations to ban  and remove items that contain language or graphics that are patently offensive to a passer-by or which threaten public health or safety. A press release from Chabad on the bill's passage says that it is unclear whether or not Gov. Rick Perry will sign the bill into law.

Two More Illinois Catholic Adoption Agencies Opt Out Over Civil Unions

According to a report in today's Chicagoist, two additional Catholic dioceses have followed the lead of Rockford Catholic Charities. (See prior posting.) Separately, Catholic Charities of Peoria and Joliet have informed the Illinois Department of Children and Family Services that they will no longer approve couples for foster care and adoption because of Illinois' new civil union law. The Catholic social service organizations refuse to place children with unmarried cohabiting couples, and they are concerned that they may face liability for applying that policy to couples in same-sex or opposite-sex civil unions. The groups want legislation that will explicitly allow them to refer these couples to other adoption agencies.

U.S. House Holds Two Hearings On International Religious Freedom Issues

The U.S. House of Representatives Committee on Foreign Affairs has held two recent hearings on religious liberty issues. On June 2, the full committee held a hearing on Religious Freedom, Democracy, Human Rights in Asia: Status of Implementation of the Tibetan Policy Act, Block Burmese JADE Act, and North Korean Human Rights Act. Transcripts are available online of the prepared statements by Chairman Ileana Ros-Lehtinen, and witnesses Ambassador Robert King, Deputy Assistant Secretary Daniel B. Baer, Deputy Assistant Secretary Joseph Yun, Richard Gere of the International Campaign for Tibet, Chuck Downs of the Committee for Human Rights in North Korea, Aung Din of the U.S. Campaign for Burma, and Sophie Richardson of Human Rights Watch.

On June 3, the Subcommittee on Africa, Global Health and Human Rights held a hearing on Prioritizing International Religious Freedom in U.S. Foreign Policy. Transcripts are available online of testimony by USCIRF's Leo Leonard, Thomas Farr of the Religious Freedom Project, Joseph Grieboski of the Institute on Religion and Public Policy, and Brian Grim of the Pew Center's Forum on Religion and Public Life. [Thanks to Tom Farr for the lead.]

5th Circuit: Valedictorian's Prayer Is Back At Graduation Ceremony

The U.S. 5th Circuit Court of Appeals yesterday dissolved a Texas federal district court's temporary restraining order and preliminary injunction that had barred student speakers at Medina Valley High School in Texas from leading the audience in an invocation and benediction at today's graduation ceremonies. The valedictorian who planned to deliver one of the prayers had sought to intervene in the lawsuit. (See prior posting.) In a brief opinion in Schultz v. Medina Valley Independent School District,  (5th Cir., June 3, 2011), the court said:

On this incomplete record..., we are not persuaded that plaintiffs have shown that they are substantially likely to prevail on the merits, particularly on the issue that the individual prayers or other remarks to be given by students at graduation are, in fact, school sponsored.... [T]he school has apparently abandoned including the words "invocation" and "benediction" on the program.

According to the San Antonio Express News, the district court order had attracted attention from around the country. The district court had received some 500 calls protesting its decision and the AGAPE Movement  prepared to bus in demonstrators to support the students who wished to pray. The student who originally challenged the planned prayers says he and his family will not attend the graduation. [Thanks to Kelly Shackelford for the lead.]

Kentucky Appeals Court Upholds Convictions of Amish For Refusing To Display Vehicle Emblem

In Gingerich v. Commonwealth of Kentucky, (KY Ct. App., June 3, 2011), the Kentucky Court of Appeals upheld the convictions of nine members of the Old Order Swartzentruber Amish sect for violating KRS 189.820 that requires slow-moving vehicles (such as Amish horse-drawn buggies) to display a fluorescent yellow-orange triangle with a dark red reflective border.  Appellants argued that the statute infringed their free exercise of religion, free speech and that the statute was selectively enforced against them. The court rejected arguments by the Amish that the court should use a "strict scrutiny" test in determining whether the statute violated their religious freedom as protected by the Kentucky constitution. The court said that the statute:

does not infringe upon Appellants’ right to exercise their religion by restricting their religious worship rituals or enforcing compulsory conduct to which they are conscientiously opposed. Instead, the statute serves as a condition to utilizing a certain privilege: the use of state roads.

The court went on to observe:

Assuming arguendo that strict scrutiny is the appropriate analysis in this case, KRS 189.820 would still pass constitutional muster. Clearly, the compelling reason of the government is to promote highway safety for everyone who uses the roads. The argument that the Commonwealth failed to show such an interest is unreasonable.

Finally, the court rejected appellants' selective enforcement argument. The Louisville Courier Journal reports on the decision. (See prior related posting.)

Religious Freedom Ambassador Sworn In

Suzan Johnson Cook was formally sworn in yesterday as the U.S. Ambassador-at-Large for International Religious Freedom.  Secretary of State Clinton, speaking at Cook's swearing-in ceremony (full text of remarks) said in part:

she and I will work in very close partnership in defending the values that those of us in this room hold so dear. Now, there is no doubt we will be busy, because around the world authoritarian regimes abuse their own citizens, violent extremists attempt to exploit sectarian tensions, and religious freedom is under threat from both quiet intolerance and violent attacks. The Obama Administration is dedicated to the rights of all people everywhere. Everyone, no matter his or her religion, should be allowed to practice their beliefs freely and safely.

U.S. Will Not Attend Commemoration of Durban Conference Because of Anti-Semitism In Original Proceedings

AP reported yesterday that in a letter from Acting U.S. Assistant Secretary of State for Legislative Affairs Joseph Macmanus to New York Senator Kirsten Gillibrand, the administration disclosed that the U.S. will not participate in the United Nations' 10-year commemoration of the 2001 World Conference Against Racism. Macmanus said that the Durban process being commemorated "included ugly displays of intolerance and anti-Semitism." In December, Gillibrand had coordinated a letter signed by 18 Senators expressing concern about the Conference which will be held in New York City beginning Sept. 21. (Text of Gillibrand letter and her response to U.S. announcement.) At a State Department press briefing yesterday (full text), Department Spokesman Mark Toner confirmed the U.S. position. Numerous Jewish groups have applauded the Administration's decision.

9th Circuit Rejects Bid For Paid Position By Wiccan Prison Chaplain

In McCollum v. California Department of Corrections and Rehabilitation, (9th Cir., June 1, 2011), the U.S. 9th Circuit Court of Appeals rejected claims by a volunteer Wiccan chaplain in the California prison system that he should have been considered for one of the paid chaplaincy positions that now are given to Protestant, Catholic, Jewish, Muslim and Native American clergy.  The court concluded that many of the chaplain's claims were derivative of inmate's claims, and the inmate plaintiffs were dismissed because their claims were untimely or they had failed to exhaust administrative remedies. It rejected the chaplain's claims that he had eitehr third-party or taxpayer standing to assert the religious rights of Wiccan inmates.  Finally the court concluded that the trial court had properly dismissed the chaplain's own claims that he was denied equal protection of the laws, his claims that Title VII and the California Fair Housing Act had been violated, his retaliation claim, and his claim under RLUIPA. SF Weekly reports on the decision. (See prior related posting.)

2nd Circuit Upholds NYC Rule Barring After Hours School Use For Worship Services

In Bronx Household of Faith v. Board of Education of the City of New York, (2d Cir., June 2, 2011), the 2nd Circuit, in a 2-1 decision, upheld the New York Board of Education's policy that bars use of school facilities by outside groups after school hours for "religious worship services," even though facilities were available for many other kinds of activities. The majority, in an opinion by Judge Leval, concluded:

the challenged rule does not constitute viewpoint discrimination because it does not seek to exclude expressions of religious points of view or of religious devotion, but rather excludes for valid non-discriminatory reasons only a type of activity – the conduct of worship services. We also conclude that because Defendants reasonably seek by the rule to avoid violating the Establishment Clause, the exclusion of religious worship services is a reasonable content-based restriction, which does not violate the Free Speech Clause.

Judge Calabresi wrote a concurring opinion.  Judge Walker dissented, arguing that the regulation imposes "impermissible viewpoint discrimination against protected speech and is unsupported by a compelling state interest."

This is the fourth time the Court of Appeals was presented with the dispute involving attempts by Bronx Household of Faith to use school space for its Sunday worship services. (See prior posting.)  Reuters and the New York Law Journal report on the 2nd Circuit's decision.

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.