Settlement Reached In Long-Running Santa Rosa Florida School Consent Decree Challenge

A settlement agreement was reached today in the long-running litigation challenging the consent decree that the Santa Rosa County (Florida) School District agreed to in litigation against it challenging religious practices in the schools. (See prior postings 1 and 2)  A Settlement Agreement, Waiver and Release (full text) along with a proposed modified consent decree (full text with changes marked) were filed with the court today in Allen v. School Board for Santa Rosa County, Florida, (ND FL, filed 7/1/2011). The numerous changes clarify, and in some cases narrow, the scope of the consent decree. For example, the consent decree contains several provisions barring prayer by school officials. The modified decree makes it clear that "'Prayer' does not include customary, polite expressions and greetings, including 'God Bless You' or 'Thank Heavens,' or a student’s religious expression responsive to a legitimate academic class assignment."

The agreement also provides for the school board to pay attorneys' fees and costs totally $265,000, mostly to Liberty Counsel which represented plaintiffs in the case. The ACLU waived its claim for attorneys fees against the school board.  The settlement still must be approved by the court.

In press releases, each side has characterized the settlement agreement rather differently. The ACLU said that the changes merely "reinforce and clarify the basic premise of the original Consent Decree – that official, government sanctioned religious activities are prohibited under the Constitution while individual religious expressions are protected by the Constitution."  Sharply criticizing the challenge to the original consent decree that was brought by Liberty Counsel, an ACLU attorney said:

They came in after the fact, stirred up some controversy, raised some money on this invented issue, and will leave town likely with $265,000 in taxpayer money that would be better spent on the students in our community.

Liberty Counsel, on the other hand said:

on the eve of Independence Day, Liberty Counsel has restored freedom to the Santa Rosa County, Florida, School District teachers, staff, students, and members of the community.... The Consent Decree that led to criminal indictments against school employees for prayer and banned "God Bless" in Santa Rosa County schools will now be gutted and revised. The amended Consent Decree will restore dozens of constitutional religious freedoms that were previously denied.

Canadian Supreme Court Will Review Terrorism Law's Motive Requirement

According to Canadian Press, Canada's Supreme Court yesterday agreed to review three cases raising the question of whether the definition of "terrorist activity" in Canada's anti-terrorism law violates Canada's Charter of Rights and Freedoms. An element of that law's definition of "terrorist activity" is that the act must have been "committed in whole or in part for a political, religious or ideological purpose, objective or cause." Defendants in the cases contend that this invites racial and ethnic profiling and operates to focus prosecutorial scrutiny on political, religious and ideological beliefs. For more on the the Ontario Court of Appeals decision below in one of the cases, see prior posting.

Controversial Charter School Loses Last Efforts To Stay Open

A Minnesota federal district court yesterday refused to issue a temporary restraining order or a preliminary injunction to allow the Tarek ibn Ziyad Acedmy to continue to operate after the July 1 expiration of the contract with its current sponsor. The school is also embroiled in litigation with the ACLU over whether its operations violate the Establishment Clause by promoting Islam. (See prior posting.) In Tarek ibn Ziyad Academy v. Islamic Relief USA, (D MN, June 30, 2011), the court held that the controversial charter school is unlikely to prevail either on its challenge to a Minnesota statute that requires charter school sponsors to be in-state corporations, or in its contract claims against its chartering organization. TiZA had attacked the state statute on due process, equal protection, commerce clause and contracts clause grounds. The Minneapolis Star Tribune reports on the decision. Following the court's decision, TiZA filed a Notice of Voluntary Dismissal of its lawsuit.

The court's decision follows a ruling last night by the Minnesota Department of Education denying a second request by Novation Education Opportunities to become the school's authorizer, according to Inner Grove Heights Patch). (See prior related posting.) All of this means that TiZA likely has no choice but to close.

UPDATE: According to the St. Paul Pioneer Press, on Thursday TiZA filed for bankruptcy.

Bangladesh Constitution Amended: Secular State With Islam As the State Religion

The Daily Star reports that in Bangladesh yesterday, Parliament passed the 15th constitutional amendment bill by a vote of 291-1.  While the most important changes include ones that modify the system for parliamentary elections and again allow religion-based parties (see prior posting), the bill also addresses other religious issues. Secularism was reintroduced as one of the four fundamental principles of the nation. However, Islam was retained as the state religion and the Arabic phrase "Bismillahir Rahmanir Rahim" (and its translation "In the name of Allah, the Beneficent, the Merciful/ In the name of the Creator, the Merciful") was made a part of the constitution. A new clause added to the constitution provides: "The state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects, and communities." According to MSN News, Hindus and other religious minorities in Bangladesh strongly criticized the decision to retain Islam as the state religion.

UPDATE: On July 3, Bangladesh's President Zillur Rahman gave his consent to the 15th constiutional amendment bill. (Daily Star).

Tea Party Candidate Charges Her Opponent Rep. Keith Ellison Is Radical Islamist

The American Independent yesterday reported on the House of Representatives race in Minnesota's 5th Congressional District.  Incumbent Keith Ellison is being challenged by Tea Party Nation candidate Lynne Torgerson who accuses Ellison of being a "radical Islamist" who fails to oppose banning Shariah law in the United States. She says Ellison does not hold the U.S. Constitution supreme over Islamic law.  Apparently her charge is based on Ellison's statement that the U.S. Constitution "is the bedrock of American law." She complains that he did not use the term "supreme". Ellison charges that Torgerson is running a campaign based on hate, division and fear. In the 2010 Congressional race, Ellison received 68% of the vote, and Torgerson received less than 4%.

CAIR Is Among Groups Whose Non-Profit Status Was Lost For Non-Filing

Earlier this month, the Internal Revenue Service released a list of some 275,000 non-profits had lost their tax-exempt status because they failed to file their required Form 990 or 990-N for thee consecutive years. (See prior posting.) Yesterday The Tennessean reported that among the groups whose non-profit status has expired is the sometimes controversial national Council on American Islamic Relations. A CAIR spokesman said the problem stems from an incorrect filing several years ago, but attempts by a Tennessean reporter to obtain a copy of current filings from CAIR have been unsuccessful. Some CAIR critics charge that the organization is hiding financial information from the public. Many local CAIR chapters that are separately incorporated have properly filed returns.

Rhode Island Legislature Passes Civil Unions Law With Broad Religious Exemptions

Yesterday, the Rhode Island state Senate passed, and sent to the Governor for his signature, HB 6103 which authorizes same-sex civil unions. The Rhode Island House passed the bill in May. Under the bill, parties to a civil union have the same rights and responsibilities as married couples.  The bill contains a broad religious exemption provision.

[N]o religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:
(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or
(2) To solemnize or certify any civil union; or
(3) To treat as valid any civil union;
if such providing, solemnizing, certifying, or treating as valid would cause such organizations or individuals to violate their sincerely held religious beliefs.

The New York Times reports on passage of the legislation. It quotes gay rights advocates who complain that the provision allowing religious organizations to refuse to treat civil unions as valid means that Catholic hospitals could deny visitation rights, and Catholic universities could deny family medical leave, to same sex partners.

Florida Atheist Sues Sheriff, Claiming Retaliation

Last year, Atheists of Florida made public records requests in a challenge to the decision by Polk County, Florida sheriff, Grady Judd, to remove basketball hoops, backboards and poles from the county jail and donate them to eight local churches. (See prior posting.) Now, according to Yahoo News, EllenBeth Wachs, legal coordinator for Florida Atheists, has filed a federal lawsuit against Judd charging that he unconstitutionally retaliated against her, arresting her on two trumped up charges, because of her objections to the pervasive Christian religiosity of Polk County.

The complaint (full text) in Wachs v. Judd, (MD FL, filed 6/24/2011), alleges that in March 20111, county law enforcement officials arrested Judd on unauthorized practice of law charges, and conducted a search of her home. In May, Wachs was arrested on charges of "simulation of a sexual act in the presence of a child."  The arrest was based on sounds a neighbor's son heard emanating from Wachs' window. The complaint alleges that these arrests were retaliatory and were designed to punish Wachs for her outspoken Atheist beliefs.  It contends that the sheriff's actions violated the free expression, equal protection, due process and Establishment clauses of the constitution. Wachs asks the court to enjoin Judd from instituting further investigations or arrests of her. [Thanks to Scott Mange for the lead.]

Issues Remain On Statute of Limitations In Priest Abuse Case

In Doe 76C v. Archdiocese of Minneapolis and St. Paul, (MN App., June 27, 2011), a Minnesota appellate court held that questions of fact remain on the issue of whether the statute of limitations had run on tort and fraud claims growing out of alleged childhood sexual abuse by a priest.  In reversing the trial court's grant of summary judgment to defendant, the court held that an expert's testimony on repressed memory should be admitted on the issue of when plaintiff had reason to believe he had been abused.  The court also held that plaintiff's becoming aware that the priest had been accused of abusing other children did not necessarily put him on notice that he had a cause of action for fraud.

Iran's Culture Minister Criticizes Upcoming BBC Series On Muhammad

The Guardian reported yesterday that Iran's ministor of culture and Islamic guidance, Mohammad Hosseini, is criticizing an upcoming BBC2 three-part series on The Life of Muhammad, even though no one in Iran has seen the shows.  Hosseini told the Iranian Fars news agency:

The BBC's decision to make a documentary on the life of [the] prophet Muhammad seems dubious and if our suspicions are proved to be correct, we will certainly take serious action. What the enemy is trying to do in ruining the Muslims' sanctity is definitely much more than causing us to react and unfortunately, some Islamic countries are not taking this issue seriously. One way to show objections is to express condemnation of the West over their despicable actions.

LDS Church Tells Full-Time Officers To Remain Politically Neutral

Provo, Utah's Daily Herald reports on a posting on the LDS Church's Newsroom indicating that a letter has been sent from the Church of Jesus Christ of Latter Day Saints' First Presidency to all full time officers of the church reminding them of the church's policy of neutrality in partisan politics.  The June 16 letter reads in part:

General Authorities and general officers of the Church and their spouses and other ecclesiastical leaders serving full-time should not personally participate in political campaigns, including promoting candidates, fundraising, speaking in behalf of or otherwise endorsing candidates, and making financial contributions.

Since they are not full-time officers of the Church, Area Seventies, stake presidents and bishops are free to contribute, serve on campaign committees and otherwise support candidates of their choice with the understanding they:

• Are acting solely as individual citizens in the democratic process and that they do not imply, or allow others to infer, that their actions or support in any way represent the church.

• Will not use Church stationery, Church-generated address lists or email systems or Church buildings for political promotional purposes.

• Will not engage in fundraising or other types of campaigning focused on fellow Church members under their ecclesiastical supervision.

Presumably the letter was prompted at least in part by the fact that two candidates for the Republican nomination for U.S. president-- Mitt Romney and Jon Huntsman-- are Mormons.

Lower House of Dutch Parliament Votes To Outlaw Kosher and Halal Slaughter

According to AP and Reuters, the House of Representatives of the Dutch Parliament yesterday passed, by a vote of 116-30, a bill that bans kosher and halal slaughter of animals.  The bill accomplishes this by eliminating a provision in current law that exempts ritual slaughter from the requirement that animals be stunned before they are killed. The bill still must be approved by the Dutch Senate, and this is unlikely before Parliament's summer recess.  Also enforcement of the law, if it finally passes, is complicated by an amendment added last week that allows religious groups to continue ritual slaughter if they can prove it is no more painful than stunning. No one seems to know how this would be shown. The bill was introduced by the small Animal Rights Party. Netherlands' Muslim and Jewish communities say the ban is an infringement of their religious freedom. According to AP: "Support for the ban came from the political left, which sees ritual slaughter as inhumane, and from the anti-immigration right, which sees it as foreign and barbaric. Only Christian parties were opposed, arguing the ban undermines the country's long tradition of religious tolerance." (See prior related posting.)

The European Jewish Congress-- the umbrella organization of Jews in Europe-- is considering taking legal action at the European Union level to challenge the bill before the Dutch Senate votes, according to Yeshiva World.

Vatican Launches New News Portal With Tweet From Pope

The Vatican yesterday launched a new website, www.news.va designed as a news portal to bring together news from the Vatican's various print, radio, television and online services. As reported by Time, the launch of the website was announced through Twitter in the first Tweet by the Pope himself.  The Tweet, also cross-posted on the Vatican's French Twitter feed, read: "Dear Friends, I just launched News.va Praised be our Lord Jesus Christ! With my prayers and blessings, Benedictus XVI." Actually, the Pope only pressed the "send" button on his iPad. He did not keystroke the entire Tweet.  A link to the Vatican news portal has been added to Religion Clause's sidebar.

Major Christian Groups Release Recommendations On Proselytizing In Multi-Religious World

The World Evangelical Alliance, World Council of Churches and the Vatican's Pontifical Council for Interreligious Dialogue yesterday released a 5-page document titled Christian Witness in a Multi-Religious World: Recommendations for Conduct.  The document is the result of consultations between the three groups extending over 5 years.  The groups say that together they represent 90% of the Christians in the world. Here are excerpts from the Principles set out in the document:

[P]roviding education, health care, relief services and acts of justice and advocacy are an integral part of witnessing to the gospel. The exploitation of situations of poverty and need has no place in Christian outreach. Christians should denounce and refrain from offering all forms of allurements, including financial incentives and rewards, in their acts of service....

As an integral part of their witness to the gospel, Christians exercise ministries of healing. They are called to exercise discernment ... ensuring that the vulnerability of people and their need for healing are not exploited.

... Christians are called to reject all forms of violence, even psychological or social, including the abuse of power in their witness. They also reject violence, unjust discrimination or repression by any religious or secular authority, including the violation or destruction of places of worship, sacred symbols or texts.

... Religious freedom including the right to publicly profess, practice, propagate and change one’s religion flows from the very dignity of the human person....  

... Christians are to speak sincerely and respectfully; they are to listen in order to learn about and understand others’ beliefs and practices, and are encouraged to acknowledge and appreciate what is true and good in them. Any comment or critical approach should be made in a spirit of mutual respect, making sure not to bear false witness concerning other religions.

... Christians are to acknowledge that changing one’s religion is a decisive step that must be accompanied by sufficient time for adequate reflection and preparation, through a process ensuring full personal freedom....

Religion News Service reports on the document.

Church-State Tensions In South Korea Explored

Reuters reports on the church-state tensions in South Korea ahead of next year's presidential elections.  President Lee Myung-Bak is a devout Protestant and an elder at  Seoul's Somang Church. However, many have been disturbed at his public display of religion, particularly a photo of him kneeling to pray at a national prayer breakfast last March. The main Buddhist Jogye Order called the President's action "unforgiveable."  Others are concerned with what is seen as undue Christian influence on government, reflected for example in the failure to pass legislation giving tax-neutral treatment to Sharia-compliant financial products (see prior posting) and reduction in funding for a program that hosts tourists at Buddhist temples.

Catholic, Orthodox Jewish Spokesmen React To New York's Marriage Equality Law

New York last week enacted legislation permitting same-sex marriage despite particularly strong opposition from some religious groups, including Catholic and Orthodox Jewish organizations.  (See prior posting).  Here are statements that those two groups have now issued in reaction to the new law:

Bishop Nicholas DiMarzio, Catholic Bishop of Brooklyn, said in a press release:

Today, Governor Andrew Cuomo and the state legislature have deconstructed the single most important institution in human history. Republicans and Democrats alike succumbed to powerful political elites and have passed legislation that will undermine our families and as a consequence, our society.....

In light of these disturbing developments and in protest for this decision, I have asked all Catholic schools to refuse any distinction or honors bestowed upon them this year by the governor or any member of the legislature who voted to support this legislation. Furthermore, I have asked all pastors and principals to not invite any state legislator to speak or be present at any parish or school celebration.

The above request is intended as a protest of the corrupt political process in New York State. More than half of all New Yorkers oppose this legislation. Yet, the governor and the state legislature have demonized people of faith, whether they be Muslims, Jews, or Christians, and identified them as bigots and prejudiced, and voted in favor of same-sex “marriage.” It is mystifying that this bill would be passed on the last day of an extended session under the cover of darkness.

However a statement signed by all the bishops of New York state was considerably milder in tone. It said in part:

The passage by the Legislature of a bill to alter radically and forever humanity’s historic understanding of marriage leaves us deeply disappointed and troubled.

We strongly uphold the Catholic Church’s clear teaching that we always treat our homosexual brothers and sisters with respect, dignity and love. But we just as strongly affirm that marriage is the joining of one man and one woman in a lifelong, loving union that is open to children, ordered for the good of those children and the spouses themselves.

The Union of Orthodox Jewish Congregations of America issued a statement saying:

Consistent with our tradition and Jewish religious principles, we oppose the redefinition of marriage and the state sanction of same sex marriages. We opposed this legislation and believe it is a mistake to enact it in New York. We do note however that the legislation, as enacted, includes robust protections of religious liberties for organizations including synagogues, schools and social service agencies. For that at least, we are grateful. Just as we, in a democratic, pluralistic society do not seek to impose our religious beliefs on others, same sex marriage, now the law in New York, must not infringe on anyone's religious liberties.

Abercrombie Sued By Muslim Former Employee and EEOC Over Wearing Hijab

According to AP, a religious discrimination lawsuit was filed in federal district court in San Francisco yesterday by a 20-year old Muslim woman who says she was fired as a stockroom worker by Abercrombie and Fitch after she insisted on wearing her hijab (Muslim head scarf).  Hani Khan says that when when she was first hired at the company's San Mateo store, the manager said she could wear the hijab so long as it was in company colors. However, four months later a district manager and human resource manager asked her to remove it while working. When she refused, she was suspended and then fired.  This is the latest in a number of similar lawsuits that have challenged Abercrombie and Fitch's "look policy" which critics say favors young, white, athletic looking people. The EEOC also announced yesterday that it has filed suit over Khan's treatment.

Supreme Court Denies Review in RLUIPA Zoning Case

The Supreme Court today denied certiorari in Miles Christi Religious Order v. Northville, MI, (Docket No. 10-1317, cert. denied 6/27/2011). (Order List.) In the case, the 6th Circuit Court of Appeals in a 2-1 decision held that First Amendment and RLUIPA challenges by a Catholic Religious Order to the zoning ordinances of Northville, Michigan should be dismissed for lack of ripeness. (See prior posting.)

New York's Electronic Sales Tax Filing Creates Problem For Amish

The Watertown (NY) Times reported yesterday on the problems encountered by the Swartzentruber Amish in New York state since the Department of Taxation and Finance has required that sales taxes be filed electronically rather than by mail.  These Amish furniture makers and shop keepers do not have computers.  They do not have social security cards or telephones either.  Some have received letters warning them of a $50 penalty for each return not filed electronically.  A spokesman for the tax department says that if someone calls them and tells them they do not have computer access, the department will allow the person to continue to file by mail.  However many of the Amish do not use phones. State Sen. Patricia Ritchie has intervened with the tax department on behalf of at least one member of the Amish community, and the department is allowing him to continue filing by mail. [Thanks to Steven H. Sholk for the lead.]

FBI Says Mennonites In Nicaragua Aiding Mother To Avoid Custody Change To Former Lesbian Partner

AP today reports on the international kidnapping investigation by the FBI that is looking for Lisa Miller and her daughter who fled the country after her former same-sex partner, Janet Jenkins, was awarded custody of of the girl.  In 2003, Miller broke up with Jenkins, renounced homosexuality and became a Baptist, and then a Mennonite.  Miller, the birth mother, was originally granted custody, but after she refused to comply with visitation schedules for Jenkins, courts in both Virginia and Vermont granted custody to Jenkins. But Miller had already fled to Central America.  In April, the FBI arrested a Nicaraguan missionary, Timo Miller, and charged him with abetting an international kidnapping by arranging a flight for Lisa Miller and her daughter from Canada to Nicaragua. More than $30,000 has been raised for a Timo Miller defense fund.  Apparently the Mennonite community in Nicaragua is helping hide Lisa Miller and her daughter.  At one point, it appears she stayed at a beach house in Nicaragua owned by the father of an administrative assistant at Jerry Falwell's Liberty University Law School. Liberty Counsel represented Miller in her Vermont court proceedings.  Pablo Yoder, a Mennonite pastor in Nicaragua, said:

[T]he Nicaraguan Brotherhood felt it right and good to help Lisa not only free herself from the so called civil marriage and lesbian lifestyle, but especially to protect her nine year old daughter from being abducted and handed over to an active lesbian and a whole-hearted activist.