Bachman's Religious Views Traced In New Yorker Article

The New Yorker this week carries a long article on Michelle Bachman titled Leap of Faith-- The Making of a Republican Front-Runner.  The piece, by Ryan Lizza, gives special attention to the content and development of Bachman's religious beliefs.  Lizza writes:

Bachmann belongs to a generation of Christian conservatives whose views have been shaped by institutions, tracts, and leaders not commonly known to secular Americans, or even to most Christians. Her campaign is going to be a conversation about a set of beliefs more extreme than those of any American politician of her stature, including Sarah Palin, to whom she is inevitably compared. Bachmann said in 2004 that being gay is “personal enslavement,” and that, if same-sex marriage were legalized, “little children will be forced to learn that homosexuality is normal and natural and that perhaps they should try it.” Speaking about gay-rights activists, that same year, she said, “It is our children that is the prize for this community.” She believes that evolution is a theory that has “never been proven,” and that intelligent design should be taught in schools.

Town Racks Up High Legal Bills In Code Enforcement Against Non-Profit

The town of Springdale, Washington has so far spent over $34,000 (over 20% of the town's annual budget) in a 2-year battle to enforce its building code against Dawud Ahmad, who says he is a Muslim sheik, and claims he has the right to live in a shed that does not meet building code requirements.  The shed is owned by a non-profit organization, Muslim America.  Ahmed is the organization's registered agent.  He claims that Muslim America is exercising its religious right to offer shelter to a homeless member of its organization. According to yesterday's Spokane (WA) Spokesman Review, last October a trial court rejected Ahmed's attempt to require the town to grant a building code exemption for the property. The court also ordered Ahmed and Muslim America to pay the town's legal bills of nearly $24,000. Plaintiffs, however, have appealed the decision, causing the city to have to spend another $10,000 on legal fees. The court has allowed Ahmed to sue in forma pauperis, so he has not had to pay any filing fees.

Trial Court Refuses Temporary Injunction In Indiana School Voucher Challenge

An Indiana trial court judge has refused to issue a temporary injunction to block the state's new school voucher program.  In Meredith v. Daniels, (IN Super. Ct., Aug. 15, 2011), plaintiffs claimed that the new Choice Scholarship Program violated various provisions of the Indiana Constitution: Art. 8, Sec. 1 ("General and Uniform System of Common Schools" clause); Art. 1, Sec. 4  (no compulsion to support any place of worship); and Art. 1, Sec. 6 (no government funds may be spent for the benefit of any religious institution).  The court concluded that plaintiffs are unlikely to succeed on the merits of any of these claims. It held that Art. 1, Sec. 4 "does not preclude the use of general tax revenues to fund scholarships that may be used, at the discretion of scholarship recipients, to pay for education at religious schools."  It also held that Art. 1, Sec. 6 does not invalidate the CSP because the scholarship program "was enacted 'for the benefit' of students, not religious institutions or activities."  NWI Times reports on the decision.

Texas DA Looking Into Pastor's Role In Circulating Recall Petitions

In El Paso, Texas, Pastor Tom Brown and his Word of Life Church are under investigation by El Paso County district attorney Jaime Esparza for violation of state election laws. Brown is the leader of a recall drive aimed at the city's mayor and two city council members for their votes to restore health benefits to same-sex and unmarried domestic partners of city employees. When the city initially offered health benefits to same-sex couples, an initiative repealed those benefits, but also-- apparently inadvertently-- ended health benefits for 100 others as well. (See prior posting.) So City Council, in a tie vote broken by the mayor, voted to restore everyone's benefits. According to the El Paso Times, on Friday the district attorney announced that he is looking into whether efforts by Brown to circulate recall petitions at churches violates the state election code that prohibits corporations, including non-profit corporations, from circulating and submitting petitions to call an election. Americans United has already complained to the IRS about possible tax code violations growing out of Tom Brown Ministries' activities promoting the recall. (See prior related posting.)  Wall of Separation blog has more regarding AU's views.

Amicus Briefs In Hosanna-Tabor Case Are Available Online

All of the amicus briefs have now been filed with the U.S. Supreme Court in Hosanna-Tabor Church v. EEOC, a case raising the question of the scope of the "ministerial exception" to federal non-discrimination laws. (See prior posting.) The briefs are all available online from the ABA's website (along with briefs from the parties). Of the 30 amicus briefs filed, 21 support petitioner and 9 support respondent.  Oral argument is scheduled for Oct. 5.  [Thanks to Marty Lederman via Religionlaw for the lead.]

Egyptian Official Releases Constitutional Principles Document

AlMasry AlYoum on Sunday published an abridged version of the document titled "Basic Constitutional Principles" which Egypt's deputy prime minister for political affairs has presented to several political parties for their comment. (See prior related posting.) In outlining the suggested role for religion and religious freedom, the document reads in part:

Islam is the state religion, the Arabic language is its official language, and Islamic Sharia is the primary source of legislation. Non-Muslims resort to their own laws in regards to their personal issues and religious affairs.....

Human dignity is every person’s genuine right, and all Egyptian citizens are free and equal before the law in rights and freedoms and general obligations. Discrimination among them due to sex, origin, language, religion, creeds, wealth, social status, political views, or disabilities or anything of that sort is forbidden.

...The state guarantees freedom of belief, worship, and religious slogans and protects the role of worship.

FLDS Faithful Are Erecting Statue of Warren Jeffs

The Daily Beast reported last week that followers of FLDS leader Warren Jeffs are planning to erect a 38-foot tall statue of Jeffs at the activity center of the Fundamentalist Church of Latter Day Saints' compound in Short Creek, on the Utah-Arizona border. The statue is being constructed in seven pieces in a hidden warehouse in San Angelo, Texas where Jeffs criminal trial on sexual assault charges has recently ended. (See prior posting.)  Plans are for the statue to go up next month as a way of showing that authorities cannot take Jeffs away from his followers, despite his recent conviction.

Recent Articles of Interest

From SSRN:

• Wibren Van der Burg, Inclusive Neutrality in the Classroom, (Yearbook of the European Association for Education Law and Policy, 2011).
• Jason J. Kilborn, Foundations of Forgiveness in Islamic Bankruptcy Law: Sources, Methodology, Diversity, (August 11, 2011).
• Jeremy Waldron, What are Moral Absolutes Like?, (August 8, 2011).
• Barbara J. Cox, Why Appellate Courts Have Rejected the Argument that the Defense of Marriage Act Trumps the Parental Kidnapping Prevention Act, (California Western International Law Journal, Vol. 41, No. 189, 2010).

From SmartCILP:

• Capt. Evan R. Seamone, Divine Intervention: The Ethics of Religion, Spirituality, and Clergy Collaboration in Legal Counseling, 29 Quinnipiac Law Review 289-373 (2011).
• Symposium. Twenty Years After Employment Division v. Smith: Assessing the Twentieth Century's Landmark Case on the Free Exercise of Religion and How It Changed History. Articles by David B. Frohnmayer, Marci A. Hamilton, Alan Brownstein, Angela C. Carmella, Daniel O. Conkle, James G. Dwyer, Stephen M. Feldman, Richard W. Garnett, Leslie C. Griffin, B. Jessie Hill, Steven D. Jamar, Ira C. Lupu, Robert W. Tuttle, William P. Marshall, Linda C. McClain, Richard Schragger, Steven D. Smith, Nelson Tebbe and Laura S. Underkuffler. 32 Cardozo Law Review 1655-2091 (2011).

Straw Poll Winner Bachman Interviewed About Her Religious Views

On today's broadcast of Meet the Press (full transcript), host David Gregory interviewed Minnesota Rep. Michelle Bachman who won yesterday's Ames, Iowa Republican "straw poll" for the Republican presidential nomination.(Full results).  Gregory and Bachman engaged in an extensive discussion of Bachman's religious views. Here is a lengthy excerpt:

MR. GREGORY: ... I want to move on to another topic that's deeply meaningful and important to you, and that's your faith in God.... I want to ask you about, not only the role God plays in, in your life but to what extent he's a motivator for decisions that you make. One example that's gotten some attention is some remarks you made back in 2006....

(Audiotape, October 14, 2006) REP. BACHMANN: My husband said, "Now you need to go and get a post-doctorate degree in tax law." Tax law! I hate taxes. Why should I go and do something like that? But the Lord says, "Be submissive, wives, you are to be submissive to your husbands." (End audiotape)

MR. GREGORY: Is that your view for women in America? Is that your vision for them?

REP. BACHMANN: Well, I--during the debate I was asked a question about this, and my response was is that submission, that word, means respect. It means that I respect my husband and he respects me.... We have a mutual partnership in our marriage, and that's the only way that we could accomplish what we've done in life is to be a good team....

MR. GREGORY: To what extent does your relationship with God mean that you take cues from God for decisions that you make and that you would make as president....

REP. BACHMANN: Well, as president of the United States, I would pray. I would pray and ask the Lord for guidance. That's what presidents have done throughout history. George Washington did. Abraham Lincoln did.

MR. GREGORY: But you said that ... God called me to run for Congress.... There's a difference between God as a sense of comfort and safe harbor and inspiration, and God telling you to take a particular action.

REP. BACHMANN: All I can tell you is what my experience has been. I'm extremely grateful to, to have a faith in God. I, I see that God has so blessed this country.... And I think that it's important for us to seek his guidance and to pray and to listen to his voice.

MR. GREGORY: Would you appoint an openly atheist person to be a member of your administration, your Cabinet or even as a judge to a court?

REP. BACHMANN: Well, my criteria, would be first of all, "How do you view the Constitution?" If you uphold the Constitution, if you're competent, and if you're--if you, if you share my views, then you can get appointed. That's my litmus test....

MR. GREGORY: OK. I want to also ask you about your interpretation of the Bible and your feelings about gays and lesbians.... 

REP. BACHMANN: Well, I am running for the presidency of the United States. I'm not running to be anyone's judge.... I believe that marriage is between a man and a woman. And that's what I stand for. But I ascribe honor and dignity to every person no matter what their background. They have honor and they have dignity....

MR. GREGORY: Would you appoint a gay, an openly gay person, to your administration, to your Cabinet, or name them as a judge?
REP. BACHMANN: My criteria would be the same for that... where do you stand on the Constitution, are you competent, and do you share my views. That's my criteria....

MR. GREGORY: One last one on this. Can a gay couple ... who adopt children in your mind be considered a family?

REP. BACHMANN: When it comes to marriage and family, my opinion is that marriage is between a man and a woman. And I think that's, that's been my view, and I think that's important.... You know, all of these kind of questions really aren't about what people are concerned about right now.... 

Washington State Denies Permit For Baptism Ceremony At State Capitol Park

In Olympia, Washington, Heritage Park is a 24-acre state-owned park next to the state capitol campus.  The state will issue permits for events to be held at the park.  Today's Bellingham (WA) Herald reports that the state's Department of General Administration has given Reality Church of Olympia a permit for a barbecue and picnic to be held today, but has denied its request to conduct a baptism along with the event.  The Department, deciding an appeal of an initial denial, said that the state constitution bars the use of public property for religious worship. The church had argued that its free speech and free exercise rights were infringed by the denial.

Recent Prisoner Free Exercise Cases

In Creveling v. Johnson, 2011 U.S. Dist. LEXIS 86648 (D NJ, Aug. 4, 2011), a New Jersey federal district court held that plaintiff, who was involuntarily committed as a sexually violent predator, could move ahead with a free exercise claim. He claims he is entitled to weekly church services, bible study and confession, as well as rosaries every day, but has only been allowed to attend church once every two-three weeks.

In Rogers v. United States, 2011 U.S. Dist. LEXIS 83336 (WD PA, July 29, 2011), a Pennsylvania federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 86921, June 17, 2011), and dismissed an inmate's complaint that he was denied Halal meat for the Eid-ul-Adha celebration in 2006. The court found defendants had qualified immunity and rejected plaintiff's retaliation claim. It also rejected a retaliation claim regarding prayer oil pricing.

In Ellis v. United States, 2011 U.S. Dist. LEXIS 83833 (WD PA, Aug. 1, 2011), a Pennsylvania federal district court adopted a magistrate's recommendation (2011 U.S. Dist. LEXIS 86927, June 17, 2011) and permitted a former Sunni Muslim inmate to move ahead with his retaliation claim against certain defendants in which he claimed that his name was wrongfully omitted from call out lists for the 2006 Eid celebration and the Jumu'ah prayer services during 3 months. Various other claims, including one relating to Halal meat for the Eid celebration, were dismissed.

In Sykes v. Williams, 2011 U.S. Dist. LEXIS 87835 (D SC, Aug. 8, 2011), a South Carolina federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 87777, July 13, 2011) and dismissed a Muslim inmate's claims that his religious rights were infringed when he was served porkwhile in detention.

In Gailbreath v. Covert, 2011 U.S. Dist. LEXIS 88095 (WD PA, July 20, 2011), a Pennsylvania federal magistrate judge recommended dismissal of a Muslim inmate's claims that he was prevented from properly practicing his faith when he was denied a vegetarian diet.

In Mitchell v. Dauphin County Commissioners, 2011 U.S. Dist. LEXIS 87901 (MD PA, Aug. 9, 2011), a Pennsylvania federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 87903, July 18, 2011) and dismissed an inmate's free exercise claims without prejudice because plaintiff had failed to exhaust his administrative remedies. In the suit, plaintiff challenged the prison's policy prohibiting inmates from officially changing religions after being confined more than ten days, the prison's inadequate supply of common Mormon scriptures, and the prison chaplain's distribution of reading materials that promoted Christianity and allegedly defamed other religions.

In Lewis v. Skolnik, 2011 U.S. Dist. LEXIS 88950 (D NV, Aug. 10, 2011), a Nevada federal district court  permitted an inmate who is an African-American Hebrew Israelite to move ahead with his challenge to a prison policy that limits kosher meals to inmates who can prove through a recognized, outside organization that they are Orthodox or Conservative Jews. He alleged that the policy violated his free exercise and RLUIPA rights and that its implementation was discriminatory against African Americans.

In Sumpter-Bey v. Weatherford, 2011 U.S. Dist. LEXIS 88647 (MD TN, Aug. 9, 2011), a Tennessee federal magistrate judge recommended dismissing a Muslim inmate's complaint that a Seventh Day Adventist representative was preaching in the day room in his pod. The magistrate also recommended dismissal of plaintiff's claim that officials threatened to retaliate by moving him to administrative segregation after he filed a second grievance about the preaching.

In Montague v. Corrections Corporation of America, 2011 U.S. Dist. LEXIS 88362 (MD TN, Aug. 8, 2011), a Tennessee federal magistrate judge recommended dismissing an inmate's complaint that prison officials will not allow Muslim prisoners to order outside food and to pool their money to celebrate Eid ul-Fitr and Eid Adha.

In Burgie v. Golden, 2011 U.S. Dist. LEXIS 88895 (ED AR, Aug. 9, 2011), an Arkansas federal district court adopted a magistrate's recommendation (2011 U.S. Dist. LEXIS 88603, July 14, 2011), and dismissed  an inmate's complaint under RLUIPA that authorities confiscated his copy of "The Complete Book of Voodoo" and forwarded it to the prison's Publication Review Committee.

In Countryman v. Nevada, 2011 U.S. Dist. LEXIS 88583 (D NV, Aug. 8, 2011), a Nevada federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 88357, June 27, 2011) and dismissed without prejudice, for failure to exhaust administrative remedies, an inmate's complaint that his rights under the 1st Amendment and RLUIPA were infringed when he was precluded from attending church services while in protective segregation.

Arkansas Buses Must Carry Non-Believers' Ads; But $15,000 Bond Required

An Arkansas federal district judge on Thursday issued a preliminary injunction requiring the Central Arkansas Transit Authority to allow the United Coalition of Reason (UCR) to purchase ads on the outside of 18 public buses. However UCR will be required to post a $15,000 bond to cover damage that may result from vandalism to the buses. The ads read: "Are you good without God? Millions are." The advertising agency involved had demanded a higher bond, while UCR had offered to post a $10,000 bond. AP as well as the Daily Caller report on the decision. Meanwhile, according to the Christian Post, Christians in the community are creating their own series of ads to run on buses, and they say they will picket any bus carrying the non-believers' ads.  Bill Wheeler, a Christian leader in Little Rock, said: "We are planning to create a newsletter and start gathering our resources to fight ads that create chaos in our society. These ads have nothing to do with free speech. It has to do with corruption and pure evil." [Thanks to Scott Mange for the lead.]

Court Invalidates Colorado County School Voucher Plan On State Constitutional Grounds

According to AP, yesterday a Colorado state court granted a permanent injunction against implementation of a Douglas County (CO) Board of Education school voucher plan that would have given 500 students scholarships to apply to tuition at participating private school partners. Most of the partner schools were sectarian and most were located outside the school district. (See prior posting.) The voucher plan enrolls scholarship recipients in a new Choice Scholarship Charter School for pupil counting purposes in order to continue to receive state funds.  In Larue v. Colorado Board of Education, (CO Dist. Ct., Aug. 13, 2011), the trial court, after finding that plaintiffs had standing, held that the voucher program violates a number of state constitutional provisions and the Public School Finance Act, as well as finding that the state contracting statute does not give school boards the power to contract with private schools to provide all a student's educational services.

The court concluded that the voucher program violates a state constitutional prohibition on state funds for sectarian schools, the state's free exercise clause, the ban on religious admissions criteria,ban  on requirements to attend religious services and ban on teaching of sectarian doctrines in public schools. The voucher program also was found to violate state constitutional provisions on the integrity of the public school fund.

Group Posts Critical Review of Gov. Perry's Prayer Rally

Jews On First yesterday posted an extensive and critical report on the content of Texas Gov. Rick Perry's The Response: A Call To Prayer for a Nation in Crisis held last Saturday. (See prior posting.) Their report says in part:

Blatant and repeated calls for Jews to accept Jesus punctuated Texas Governor Rick Perry’s Response revival meeting this past weekend. Indeed, last Saturday’s replay of the historic Christian preoccupation with the redemption of the world through Jewish conversion was in many respects a microcosm of what the event was about -- the coming together of different traditions to submit to Jesus, in an attempt to redeem not only the United States, but the world, through Jesus.... 

The day was split between four main prayer segments: personal repentance; corporate repentance; the First Commandment; and prayer for revival in America.

Throughout each of these four segments, speakers spoke only briefly (seven minutes each) while worship music and repetitive prayer (this was called "rapid fire prayer" where a microphone was passed down a line of usually four or five people who gave an emotional plea to Jesus for about thirty seconds each) filled in the rest of the seven-hour rally. Dominant themes included: repentance for abortion and an avowal to end it in America; the need to get America's finances in order; the need for leaders to submit to the authority of Jesus if they are to steer the country back on its right path; and the need for a third Great Awakening that would storm all levels of the public sphere....

Perry not only acknowledged Jesus' control over everything but also aligned himself with a submission to His will for the country and the world. This is something that evangelical voters see as essential for an elected official, in order to make sure that the government makes decisions based on divinely inspired principles -- unlike liberals in general who are construed as being guided by "manmade" principles and what is considered the erroneous belief that human principles can solve the nation's problems.

Croatia Blocks Vatican Decision To Transfer Monastery To Italian Benedictines

CNA reported yesterday that Croatia's Ministry for Justice has blocked a decision by the Vatican to return the monastery of Dajla, in northwest Croatia, to the Italian Benedictines.  The monastery is located in an area seized from Italy by Yugoslavia following World War II.  The Vatican ruled earlier this month that the monastery should be transferred along with 6 million Euros in compensation. Croatia has blocked the transfer and annulled the entire agreement. The Vatican says it is astonished by the decision. The Italian Benedictines already received $1.2 million (US) in compensation in 1975 under the Treaty of Osimo that dealt with the Italian- Yugoslav border. [Thanks to Pew Sitter for the lead.]

Georgian Orthodox and Armenian Apostolic Churches Dispute Property Ownership Across Borders

Eurasia Review yesterday reports on the religious tensions between the countries of Armenia and Georgia over the ownership of various monasteries and churches.  The Georgian Orthodox Church claims ownership of five monasteries in Armenia that functioned as Georgian Orthodox monasteries in the 11th and 12th centuries.  However the Armenian Apostolic Church says that the monasteries were originally built as Armenian Orthodox churches, and that there are only 600 ethnic Georgians living in Armenia today.  Meanwhile, the Armenian Apostolic Church claims six churches in Georgia serving ethnic Armenians. (See prior related posting.)

Settlement Reached In Christian Legal Society's Suit Against Montana Law School

A settlement agreement (full text) was reached last week in Christian Legal Society v. Eck, a case challenging the University of Montana Law School's denial of recognition as a student group to Christian Legal Society because the group's membership policies violate the Student Bar Association's policy that recognized student groups must be open to all law students. CLS requires that students, in order to be voting members, sign a Statement of Faith. It also treats "unrepentant participation in or advocacy of a sexually immoral lifestyle" as inconsistent with the required Statement. In 2009, a federal district court upheld the law school's policy as viewpoint neutral. (See prior posting.) That decision was on appeal to the 9th Circuit. (See  prior posting).

Under the settlement agreement, CLS will continue to be able to use law school facilities, including use of the law school's website and bulletin boards to communicate with students.  The Student Bar Association agrees to apply specified viewpoint neutral criteria in preparing its budgets for funding of student organizations. Pursuant to the agreement, appellants on Wednesday moved to voluntarily dismiss their 9th Circuit appeal. Yesterday's Chronicle of Higher Education reports on the decision.

ROTC Values Training Includes Christian Examples

CNN reports that the Air Force's unit on core values taught to ROTC cadets includes Christian-themed examples.  The Ten Commandments, the Sermon on the Mount and the Golden Rule are used as examples of ethical values. This follows disclosures last month of the use of Christian "just war" theories in training of missile officers. (See prior posting.) According to CNN, a spokesman for the Air Force's Air Education and Training Command confirmed the content of the ROTC ethics training and said a comprehensive review was underway "of training materials that address morals, ethics, core values and related character development issues to ensure appropriate and balanced use of all religious and secular source material."

Obama Hosts White House Iftar Dinner

CNN reports that President Obama last night hosted an Iftar dinner at the White House, celebrating Ramadan. Among the invited guests were Muslim families who had relatives working in the Twin Towers on 9-11.  Obama spoke of Muslims who were innocent passengers killed on the planes that slammed into the World Trade Center and the Pentagon, and of those who were 9-11 first responders. Earlier yesterday the White House released a list of some of the members of Congress and the diplomatic corps, as well as community members who were expected to attend the dinner.

Will Jeffs Control FLDS Church From Prison?

An AP article suggests that FLDS leader Warren Jeffs may be able to continue to lead his church from behind bars now that he has been sentenced to life in prison on sexual assault charges. Jeffs legal status as head of the church was reaffirmed last week by the Utah Department of Commerce. The Washington Post (Aug. 3) reported that in May the Department, by a split ruling, rejected filings by Jeffs' challenger, William E. Jessop, who claimed he was head of the Corporation of the Presiding Bishop, the entity which holds the assets of the church (see prior posting). The Department gave Jessop until last week to provide a resolution or court order settling the dispute.  Nothing was filed and the Department of Commerce said it will recognize Jeffs as president of the Corporation.