Justice Department and Georgia City Agree To Settle Mosque Zoning Dispute

Earlier this month, the city of Lilburn, Georgia approved a controversial rezoning request of a Muslim congregation to build a new worship center, and the Dar-E-Abbas Shia Islamic Center indicated it would drop its federal discrimination lawsuit against the city. (See prior posting.) However the Justice Department continued to examine whether it should bring a RLUIPA lawsuit against the city.  A Department of Justice press release yesterday that it has been involved in pre-suit negotiations with the city and that a settlement has been reached.  Pursuant to that agreement, the government yesterday filed a lawsuit along with a proposed consent decree. Under the decree, the city agrees not to impose different zoning or building requirements on any religious group. It agreed that various city leaders and employees will attend training sessions on the Religious Land Use and Institutionalized Persons Act, the city will clarify its complaint process, and will report periodically to the Justice Department.

Boston Archdiocese Expands Disclosure of Priests Accused of Sexual Abuse

The Archdiocese of Boston yesterday announced a change in its policy regarding disclosure of names of priests accused of sexually abusing minors. Since 2002, the Archdiocese has had a policy of notifying law enforcent authorities of all allegations of sexual abuse of children. However, the names of priests were publicly disclosed only after either a criminal conviction or defrocking by the Church. Under the new policy, names will now also be disclosed where (1) an accused priest is voluntarily laicized; (2) a priest has been publicly accused and is on administrative leave, but Church proceedings have not been completed; (3) priests who had been laicized and subsequently were publicly accused of sexual abuse; and (4) priests who were publicly accused after they had died or who died before or during proceedings against them. The Archdiocese published  the names of 159 priests, of whom 25  had been publicly accused but the accusations against them were found to be unsubstantiated. Another 91 names of accused priests were not posted.  These were mostly cases where accusations had never been made public and either could not be substantiated, or had not been substantiated when the priest died. CNN, reporting on the policy change, quoted the director of SNAP, an advocacy group for victims, who called the disclosures "belated," "begrudging" and "incomplete".

Battle Over Control of New Orleans Catholic School

Last month, a Catholic religious order, the Josephites, filed a federal lawsuit against six members of the board of directors of St. Augustine High School, a Catholic boys school in New Orleans. As summarized by the New Orleans Times-Picayune:

The Josephites, the religious order that runs the Catholic boys' school, is suing six renegade members of St. Augustine's 12-member board of directors. The suit says the men usurped their power and staged "an attempted coup" last month by replacing the school's bylaws and by adding 14 members from the St. Augustine community to the seven-member Board of Trustees, an organization heretofore made up only of Josephites that wields power over the board of directors....

The suit represents the latest act in the escalating battle between St. Augustine faculty, parents and alumni and the Baltimore-based order. It started over the school's history of discipline through paddling, but it has morphed into a fight over who will control the 60-year-old school, which has turned out many community leaders.

The complaint (full text) in St. Joseph Society of the Sacred Heart, Inc. v. Henry, (ED LA, filed 7/11/2011), asks the court to declare that a June by-law amendment was invalid. Last Monday, the Times-Picayune reported that a mediator who was appointed in the case was making good progress.

Now, according to yesterday's New Orleans Times-Picayune, defendants are seeking to have federal district judge Jay Zainey recuse himself in the case because of "biased" and "insulting" remarks in court and because a Catholic non-profit home for adults with developmental disabilities with which the judge has close ties is connected to the Archdiocese of New Orleans that supports the Josephites. Defendants were planning to file a formal resucal motion with the 5th Circuit yesterday.

Meanwhile, Josephites are trying to deliver an "important letter" to school president Rev. John Raphael who was removed by the Josephites, but who continues to serve as president and is contesting his removal both in a state court breach of contract lawsuit and through Church channels.

Indictment Handed Down In Arson Attack on Mosque

An FBI press release yesterday announced that a Eugene, Oregon federal grand jury has indicted a 24-year old man on federal hate crime and arson charges for setting fire to an Islamic Center in 2010. Cody Crawford is charged with intentionally setting fire to the Salman Alfarisi Islamic Center in Corvallis (OR) less than two days after authorities arrested a Somali-born Muslim in a sting operation in connection with a plot to bomb a Portland (OR) Christmas Tree Lighting ceremony. The charges against Cody carry a prison term of 10 to 30 years.

Fiji Military Government Cancels Methodist Church's Conference and Imposes Other Sanctions

In the South Pacific island nation of Fiji, the military government-- for the third consecutive year-- has cancelled the annual conference of Fiji's Methodist Church. Some 36% of Fijians are Methodists. (Statistics).  According to a report yesterday from ENI News, the government wanted Methodist church President Ame Tugauwe and General Secretary Tuikilakila Waqairatu to resign from their positions before the start of this year's annual conference.  The two are charged with breaching emergency laws in 2009. The Methodist church supported the former government that was overthrown in a bloodless coup in 2006. In addition to cancelling the annual conference, Fiji's Land Force Commander Colonel Mosese Tikoitoga has barred all Methodist Church clergy from leaving the country and banned the issuance of permits for any official Methodist Church meetings.

Teacher Reinstated After Anti-Gay Marriage Facebook Posting Now Charged With Improper Religious Statements

In Lake County, Florida on Wednesday, school Superintendent Susan Moxley ruled that Mount Dora High School social studies teacher Jerry Buell did not violate the district's code of ethics when he he posted an anti-gay marriage message on his personal Facebook page. The posting said that same-sex unions are a "cesspool" that make him want to throw up. WFTV News reports that the former Teacher of the Year was reinstated when school officials concluded that his posting did not "disrupt the orderly processes of the district." Yesterday, however, the Orlando Sentinel reported that officials have placed a "written directive" in Buell's personnel file because of religious postings on his school webpage and in his class syllabus.  On the webpage, Buell wrote that he tries to "teach and lead my students as if Lake Co. Schools had hired Jesus Christ himself."  On his syllabus, he tells students: "I teach God's truth, I make very few compromises. If you believe you may have a problem with that, get your schedule changed, 'cause I ain't changing!" The webpage has been removed and Buell has been instructed to delete some parts of his syllabus.

Meanwhile, at a rally yesterday, Liberty Counsel featured Buell "along with others who have received similar persecution for their Christian beliefs."

"Underwear Bomber" Files Unusual Motions Seeking Relief on Religious Grounds

Yesterday, Umar Farouk Abdulmutallab, in federal prison in Michigan accused of attempting to blow up a plane over Detroit on Christmas Day 2009 using a bomb hidden in his underwear, filed two unusual handwritten letters with the Michigan federal district court yesterday.  The first (full text), captioned Motion for Detention Hearing, (brackets in original) reads:

The Defendant Abdulmutallab, is a Muslim who believes in Allah and His messenger Muhammad [Peace be Upon Him], and believes that all Muslims should only be ruled by the law of the Quran.

The Defendant is being unjustly detained, in the United States of America, and subjected to the Rule of Man.

The Defendant Abdulmutallab moves the Court to order his release, and that the Defendant only be judged and ruled by the law of the Quran.

The second (full text), captioned Motion for No Use of Excessive Force on Defendant Abdulmutallab, (brackets in original) reads:

On the 24th of August 2011, between the hours of 5:00 am to 10: am, in the Holy month of Ramadan, Defendant Abdulmutallab, in Defense of Muhammad (Peace be Upon Him], [the Messenger of Allah to Mankind who is being defamed and abused by the United States of America] assaulted several officers from his cell.

As a result, Excessive Force was used to restrain Defendant Abdulmutallab who was already in a closed cell on his own.

The Defendant moves the court to order that no Excessive Force be used on Defendant Abdulmutallah in justly defending Muhammad (PBUH) and his Religion.

[The United States legally allows the defamation of Muhammad (PBUH), and by allowing so it is defaming and Abusing Him] PBUH 

Abdulmutallah's trial is set to begin October 4.  He dismissed his legal team last year, but has court-appointed back-up counsel.  The Detroit News reports on the filings.

Critics Assail Absence of Religious Leaders From Planned 9-11 Ground Zero Ceremony

This year's 9-11 memorial service at Ground Zero threatens to become mired in controversy as New York Mayor Michael Bloomberg's office determines who will participate in the special tenth anniversary ceremony. Last week, first responders expressed outrage that they were not to be part of the ceremony. (CNN, 8/16).  Now New York's former deputy mayor Rudy Washington is complaining bitterly that no religious leaders are included in the ceremony, saying: "This is America, and to have a memorial service where there's no prayer, this appears to be insanity to me. I feel like America has lost its way." The Wall Street Journal reported yesterday that many religious leaders are urging the mayor to reverse their exclusion. City officials, however, say that religious leaders did not participate in past years' memorial ceremonies, and the city wants this year's ceremony to have the same flavor as those of the past, with a focus on 9-11 families. Rabbi Joseph Potasnik, executive vice president of the New York Board of Rabbis, said he understands the problems of deciding which groups should be included once religious leaders are invited.  An interfaith event recognizing first responders is scheduled for Sept. 6.

Delta Airlines Will Not Facilitate Saudi Policy Requiring Travelers To Disclose Religion

According to a press release this week from the Simon Wiesenthal Center, Delta Airlines has now give assurances that, even though Saudi Arabian Airlines will join the Sky Team global airline alliance in 2012, Delta does not currently and will not in the future request on behalf of any airline that passengers disclose their religious affiliation. The assurances came in a letter (full text) from Delta after concerns were raised by Jewish, Christian and Hindu groups that Delta might facilitate the Saudi government's requirement that travelers to the country disclose their religion.

Founder of "Save a Torah" Arrested On Federal Fraud Charges

In a press release yesterday, the U.S. Attorney's Office for the Southern District of New York announced the arrest on one count each of mail and wire fraud of Menachem Youlus, founder of the "Save a Torah" charity.  Youlus claimed he rescued Torah scrolls that were lost or hidden in Europe during the Holocaust.  The rescued Torahs were then donated or sold to Jewish communities or synagogues in the United States and elsewhere. Youlus used his accounts of how the Torahs were rescued to raise over $1.2 million in contributions.  The complaint unsealed yesterday charges that many of the Torahs represented as "rescued" were in fact merely purchased by Youlus from Torah dealers in the United States and lacked any connection to the Holocaust. Youlus also is charged with embezzling funds from Save a Torah for his personal use and submitting false invoices for purported costs of rescuing Torahs. JTA reports on the case.

St. John's Launches New Law and Religion Website

St. John's University Law School's Center for Law and Religion has announced the launch of CLR Forum, an online resource featuring a roundup of scholarship, a list of upcoming conferences, and commentary on current issues. A link to CLR Forum has been added to the Religion Clause sidebar under "Academic Centers".

Court Allows Assistant Prosecutor To Move Ahead With Religious Discrimination Claim

Yesterday's Youngstown Vinndicator reports that an Ohio federal district court is permitting an assistant city prosecutor to move ahead with his lawsuit claiming he was harassed because of his Muslim faith and that accommodation of his religious worship schedule was ended.  Bassil Ally, a devout Muslim who has been an assistant city prosecutor for 7 years says he was subjected to taunts by fellow-employees suggesting he was connected to terrorists. Ally also took a late lunch (at 1:30 pm) every Friday so he could go to his mosque.  This was not problem for two years when he was assigned to a courtroom that did not meet on Fridays. But when he went to his worship service instead of attending a Friday afternoon meeting called by prosecutor Jay Macejko, he was placed on administrative leave. This led him to file religious discrimination charges with the Ohio Civil Rights Commission. While permitting the suit to proceed against the city and Macejko, the court dismissed the former mayor and the law director as defendants, and placed transcripts of conversations between Ally and co-workers under seal. (See prior related posting.)

Suit Challenges Noise Pollution During Hindu Festivals In Indian City

In the Indian city of Thane, a lawsuit has been filed seeking to require the city to enforce noise ordinances against those celebrating Hindu religious festivals. According to yesterday's Times of India, political parties have reacted negatively to the public interest lawsuit filed by activist Dr. Mahesh Bedekar, saying that restrictions will dampen the festive spirit. Police issued notices to 51 mandals, most formed by politicians, that exceeded permitted decibel levels by 100% during Monday's Dahi handi celebrations. Meanwhile, according to another Times of India article, today the Bombay High Court ordered the state to convene a meeting with mandal representatives to see if the festival can be celebrated with less noise next year.  In anticipation of the upcoming Ganesh festival, the court directed the mayor to meet with city corporators to discuss noise pollution, and told police not to issue permits for loud speakers within 100 meters of major hospitals.

Florida Hebrew Charter Schools Thrive

Tuesday's New York Jewish Week reports on the success of the five Ben Gamla Hebrew Language Charter Schools operating in south Florida which enroll some 1,500 students in kindergarten through 12th grade.  The state-funded charter schools, whose enrollment is 80% to 90% Jewish, have thrived despite initial concerns about church-state issues.  Each student studies Hebrew language at least one hour per day.  The schools serve kosher food, and make accommodations when students miss school on Jewish holidays.  An optional after-school Judaic studies program operates in other buildings near each school. Many of the Ben Gamla schools are located on Jewish Community Center campuses or in buildings of former Jewish day schools. The schools, founded by former congressman Peter Deutsch, aim at high quality education.

NYPD Intelligence Unit Monitored Mosques

AP today has published a lengthy investigative story detailing operations by the New York Police Department's intelligence unit in attempting to prevent Islamic terrorism.  NYPD has received extensive cooperation from the CIA, operates beyond the boundaries of New York City and extensively monitors ethnic neighborhoods.  At least in the past, part of the NYPD's activities have included monitoring of sermons at mosques:

For years, detectives used informants known as mosque crawlers to monitor weekly sermons and report what was said.... If FBI agents were to do that, they would be in violation of the Privacy Act, which prohibits the federal government from collecting intelligence on purely First Amendment activities.

The FBI has generated its own share of controversy for putting informants inside mosques, but unlike the program described to the AP, the FBI requires evidence of a crime before an informant can be used inside a mosque.....

"If you're sending an informant into a mosque when there is no evidence of wrongdoing, that's a very high-risk thing to do," [FBI general counsel, Valerie] Caproni said. "You're running right up against core constitutional rights. You're talking about freedom of religion."

That's why senior FBI officials in New York ordered their own agents not to accept any reports from the NYPD's mosque crawlers, two retired agents said.

It's unclear whether the police department still uses mosque crawlers. Officials said that, as Muslims figured out what was going on, the mosque crawlers became cafe crawlers, fanning out into the city's ethnic hangouts.

"Someone has a great imagination," Browne, the NYPD spokesman, said. "There is no such thing as mosque crawlers."

New Anti-Creationism Campaign Being Launched

Film maker Greta Schiller, working with the National Center for Science Education and Americans United for Separation of Church and State, is launching the "Celebrate Science" campaign beginning Aug. 28 in Tallahassee, Florida.  A press release issued Monday announced that the Campaign will feature a new film, "No Dinosaurs In Heaven," in cities around the country.  The release says that the film:

explores the problem of creationists who earn science degrees in order to sneak their anti-science beliefs into the classroom. As a stunning visual counterpoint, Dr. Eugenie Scott of the National Center for Science Education leads a raft trip down the Grand Canyon, where the creationist and evolutionary explanations of this natural wonder are juxtaposed.The film moves from the Grand Canyon to the American Museum of Natural History to actual middle school science classes in New York City, where public school teachers find themselves on the front lines of this struggle.

Jury Awards $578,000 For Discriminatory Firing of Jewish Casino Employee

Last week, a federal district court jury in Greenville, Mississippi awarded $102,000 in back pay, $76,500 for mental anxiety and $400,000 in punitive damages to a former gambling casino employee who, the jury found, was fired because he was Jewish.  According to Monday's Jackson (MS)  Clarion Ledger, Marc Silverberg, the former food and beverage director for Sam's Town Casino & Gambling Hall in Tunica, said that his firing was due to the prejudice of a new general manager who was hired. The company claimed Silverberg was fired for poor job performance. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Chaplaincy Groups Urge Congress To Increase Religious Liberty Protections In Face of DADT Repeal

Alliance Defense Fund announced that last week 22 representatives of religious groups that endorse military chaplains wrote a letter (full text) to Congressional leaders urging action to protect religious liberty as the repeal of the "don't ask, don't tell policy" becomes effective.  The letter reads in part:

Chaplains and service members have told us they are very concerned they will be marginalized and even punished for being faithful to their religious beliefs in the wake of the repeal. We share those concerns. In fact, some chaplains have already personally experienced the punitive atmosphere this repeal has generated.

President Obama’s group that studied repeal assured Congress and the military that religious liberty would not be harmed. However, those assurances are not law and have not been transferred into actual law....  Chaplains and service members will be chilled from freely and fully exercising their faith because, for instance, they cannot know whether a commander in Fort Lewis will view religious and moral expression on sexuality more restrictively than one in Fort Bragg.

Unrecognized Indian Tribes Face Hurdles In Maintaining Religious Rites

The Christian Science Monitor on Monday reported on the problems faced by the nearly 300 Indian tribes that have not been formally recognized by the federal government. Native Americans, such as the Winnemem Wintu tribe based in northern California, are ineligible for many federal tribal benefits.  Among other things, unrecognized tribes do not qualify to apply for permits to possess eagle feathers.  In March, the Fish and Wildlife Service revoked the permit held by Winnemem spiritual leader and tribal chief, Caleen Sisk-Franco, who uses an eagle feather fan in healing ceremonies. Also the tribe's traditional sacred sites are being overrun by outdoor enthusiasts, and are threatened further by proposals to raise the Shasta Dam.  The disparity between recognized and unrecognized tribes increased in December when President Obama announced the United States would endorse the United Nations Declaration on Indigenous Peoples, but indicated that unrecognized tribes would be excluded from coverage. The Bureau of Indian Affairs, through its Office of Federal Acknowledgement, has a process for tribes to gain recognition. However it is lengthy, and the Winnemem think they should not have to go through the process.

Investigation Charges Extensive Military Spending On Christian Based Programs

Chris Rodda blogging last week at Talk To Action reports on the findings so far by the Military Religious Freedom Foundation in its investigation of Pentagon spending on faith-based programming-- mostly evangelical Christian in emphasis.  Findings show several hundred thousand dollars was allocated for a "Commanding Generals' Spiritual Fitness Concert Series" at Fort Eustis and Fort Lee in Virginia.  The Army's "Strong Bonds" program receives $30 million per year in funding for pre- and post-deployment retreats for soldiers and their families. The retreats often have an evangelical Christian theme to them. Also Military Community Youth Ministries has received over $12 million in Department of Defense contracts since 2000, while another evangelical group, Cadence International, has received $2.6 million.