City Will Allow Misdemeanor Defendants To Choose Church Over Jail

WKRG News reported this week that Bay Minette, Alabama is beginning a new program to allow those who face sentences by the city for non-violent misdemeanors to avoid jail and a fine by instead electing to attend church every Sunday for one year. According to Bay Minette police chief Mike Rowland, the program-- called Operation Restore Our Community-- will save the city $75 per day for each inmate that chooses the non-jail alternative.  So far 56 churches have signed up to participate in the program which requires offenders to check in each week with the church's pastor. After one year of church attendance, the offender's case will be dismissed. Rowland says the program is constitutional because the offender has a choice of whether to choose the church option, and may select the church of his or her choice. [Thanks to Scott Mange for the lead].

Contempt Motion Filed Over Use of Banned City Seal

In 1991, in Harris v. City of Zion, (7th Cir., March 19, 1991, en banc rehearing denied) the U.S. 7th Circuit Court of Appeals held that Zion, Illinois' seal, which depicted various Christian images and the phrase "God Reigns," violated the Establishment Clause. In 1993, the city adopted, and the district court approved, a new seal which merely contained the phrase "In God We Trust." However, now an ad in the Sept. 17-18 Weekend Edition of the Lake County News-Sun invited residents to the city’s third annual Community Network Forum. The ad featured City Commissioner Shantal Taylor next to the old city seal which had been declared unconstitutional.  Yesterday's Lake County News-Sun reports that activist Rob Sherman has filed a motion to hold the city and Taylor in contempt for violating the 1991 injunction by sponsoring the ad. A hearing is scheduled for Oct. 4.

Proposed Settlement Filed In Houston Veterans' Cemetery Case

Yesterday, a joint motion for entry of a consent decree (full text of motion) was filed in Rainey v. U.S. Department of Veterans Affairs, (SD TX, filed 9/22/2011).  The lawsuit claimed that VA cemetery rules were applied to interfere with prayer and religious expression at commitment ceremonies in Houston's National Cemetery.  (See prior posting.) Under the proposed consent decree (full text), reached after mediation by a former Texas Supreme Court justice, the government agreed to 50 stipulations that facilitate the VFW, the Memorial Ladies and the American Legion's providing honor guard ceremonies and condolence cards, including religious expressions, unless the family objects.  To accomplish this, among other things, the VFW and Memorial Ladies are to be decertified as VA "without compensation" employees, and they will operate as private citizens. The decree also assures that these groups can work with funeral homes in offering to participate in committal services.

One of the stipulations provides that language in a National Cemetery Administration directive requiring invocations and benedictions to be "inclusive" and "nonderogatory" will be replaced with language that will enable NCA to preserve the dignity and solemnity of national cemeteries and enforce VA safety and security regulations. The VA will also pay $215,000 in attorneys' fees to plaintiffs. The proposed settlement must still be approved by the court. AP and the Houston Chronicle report on the settlement.

Pope Speaks To Bundestag Urging Religion To Affect Legislation

DPA reports that Pope Benedict XVI yesterday, on the first day of his trip to Germany where he was born, spoke to the Bundestag. He asked lawmakers to keep religion in mind when they drafted laws. He also defedned his right as head of the Vatican state to speak to the German Parliament. A number of members of Parliament boycotted the speech in protest. His address was described as "mainly a philosophical attack on the idea that religion has no place in ethics and politics."

French Court Fines 2 For Wearing Burqa

CNN reported that a French court yesterday apparently became the first court to impose fines for violations of France's ban on wearing of the burqa in public.  (In April, Paris police imposed an on-the-spot fine for violations on another woman.)  One of the women fined yesterday, Hind Ahmas, said she had sought out the punishment so she can take her case to the European Court of Human Rights. Ahmas was fined 120 Eros, while a second woman, Najet Ait Ali, was fined 80 Euros. The fines were later paid by a group called "Don't Touch My Constitution." The group has offered to cover penalties imposed on any woman under the French law.

Suit Seeks Religious Exemption From Drivers License Biometric Photo

In Cleveland County, Oklahoma, a woman has filed suit is state court seeking a religious accommodation that would allow her to obtain a driver's license with a low resolution photograph instead of the state-required high-resolution photo that captures biometric data.  The complaint (full text) in Beach v. Oklahoma Department of Public Safety, (OK Dist. Ct., Sept. 21, 2011), says that plaintiff has learned that the required photographs are in a format required by the United Nations International Civil Aviation Organization, and will be placed in a database shared by various jurisdictions.  Plaintiff alleges that she has a sincerely held religious belief that the Bible, in Revelation 13:16-18 and 14:9-11 (passages dealing with the mark of the beast): "explicitly commands believers to not participate  in a global numbering identification system using the number of man, and eternally condemns participation in that system."

The lawsuit seeks a declaratory judgment that the refusal to provide an accommodation violates the Oklahoma Religious Freedom Act and an injunction requiring granting of an exemption.  The suit also claims that the photo requirement infringes plaintiff's reasonable expectation of privacy in her biometric data. A press release from the Rutherford Institute announced filing of the lawsuit.

Maryland High Court Rejects Application of Ministerial Exception Doctrine In Sexual Harassment CAse

In Prince of Peace Lutheran Church v. Linklater, (Ct. App., Sept. 21, 2011), the Maryland Court of Appeals, the state's highest appellate court, held that the ministerial exception doctrine did not bar a state law sexual harassment claim by a former music director of a church.  The church did not claim that there was any doctrinal reason for the alleged harassment, and the congregation's parent body has promulgated a strong policy against sexual harassment.

City's Allocation To Gospel Festival Questioned

In San Diego, each member of city council is allocated $25,000 each year to use to support events in his or her district.  Sign On San Diego on Tuesday reported that again this year, Council President Tony Young is allocating a portion of his funds to support a gospel music festival known as Praise Fest.  Again the ACLU is objecting. Last year, after objections were raised, promoters removed religious references as well as references to the city from the event's website. A spokesman for the City Attorney’s Office said Praise Fest is primarily "a community-oriented event featuring not only gospel music, which is rooted in culture, but also educational and family-friendly entertainment."

Canadian Court Says Refugee Applicant Held To Too High A Standard of Religious Knowledge

In Mao Qin Wang v. Minister of Citizenship and Immigration, (Fed. Ct., Sept. 2, 2011), Canada' Federal Court held that immigration officials had held an applicant for refugee status to an unreasonably high standard in considering whether he was a genuine Roman Catholic who feared oppression if he returned to China. The court wrote, in part:

In the present case, the Court finds that the Board erred in determining that the applicant was not a genuine Roman Catholic by holding him to an unreasonably high standard of religious knowledge. For example, the applicant was asked if the wafer distributed during Holy Communion represented the body of Jesus or if it was the body of Jesus. The applicant answered that it represented the body of Jesus.... The Board found this answer to be incorrect. The Board erroneously determined the applicant’s knowledge of the Catholic faith by way of “trivia”.

Yesterday's National Post gives more details of the Immigration and Refugee Board's opinion that the court found objectionable.

Group Complains To 2 School Systems About Religious Activities

The Freedom from Religion Foundation announced yesterday two separate complaints to school officials about religious activities.  It has sent a letter of complaint (full text)  to the Chesterfield County, South Carolina school superintendent over activities at a Jefferson (SC) middle school.  At issues is a Sept. 1 school assembly billed as a "worship rally."  The assembly featured a Christian evangelist and rap artist, and included handing out fake $1 million bills with proselytizing verses on them. The bills are pictured in FFRF's press release. The letter also complained about Christian crosses put up on the school lawn to commemorate 9/11, and about the school's promotion of an upcoming "See You At the Pole" prayer event.

In a separate letter (full text) to the president of the Jefferson Parish, Louisiana school board, FFRF raised questions about religious remarks made by the school board president during mandatory teacher in-service training sessions. The letter also raised concerns about e-mails to teachers and staff from the school board president in which he indicated he was praying for them.  An FFRF press release and an article in the New Orleans Times-Picayune both report on FFRF's complaing.

Study Criticizes Kazakhstan's Proposed Religion Law

Yesterday the Institute on Religion and Public Policy released a lengthy analysis of Kazakhstan's proposed new Law on Religious Activity and Religious Associations. The report concludes that:

passage of this legislation would represent a serious setback for religious freedom in Kazakhstan. In the INSTITUTE’S opinion, the legislation contravenes Organization for Security and Cooperation in Europe (OSCE) and United Nations (UN) standards because it clearly discriminates against minority religious groups....

The draft Religion Law and the Administrative Code Law are completely inconsistent with fundamental human rights. The recurring theme of the draft amendments is that they are structured in ways that would completely ban religious organizations or severely restrict religious activities; censor importation and restrict dissemination of religious literature; restrict foreign missionary activity; restrict the construction of new places of worship; and impose sanctions on religious leaders and organizations, including the banning of religious organizations, in a manner impermissible under international standards.

When Does A Home Bible Study Group Become A "Church"?

Pacific Justice Institute announced last week that it is filing an appeal with an Orange County California Superior Court of a decision by a San Juan Capistrano (CA) hearing officer requiring Bible study groups to obtain a conditional use permit to meet in a private home. According to The Blaze on Monday:

City officials ... say Chuck and Stephanie Fromm are in violation of municipal code 9-3.301, which prohibits “religious, fraternal or non-profit” organizations in residential neighborhoods without a permit. Stephanie hosts a Wednesday Bible study that draws about 20 attendees, and Chuck holds a Sunday service that gets about 50.

Homeowners Chuck and Stephanie Fromm, were fined $300 by the hearing officer, and threatened with $500 fines for future violations. [Thanks to Michael Kessler for the lead.]

"Don't Ask, Don't Tell" Formally Ended Yesterday

Yesterday, the military's "Don't Ask, Don't Tell" policy was finally and formally repealed. Under the law passed last year (see prior posting), repeal came 60 days after formal certification by top officials that implementation is consistent with military effectiveness and readiness, unit cohesion and recruiting and retention.  In a statement (full text) marking the event, President Obama said:

As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.

A posting yesterday afternoon on the White House blog by Presidential adviser Valerie Jarett says that: "Already, gay and lesbian men and women have sent in their applications to proudly – and openly – serve the country we all love."  The Wall Street Journal reports that the Defense Department has published revised regulations reflecting DADT repeal.

Louisiana Presbyterian Church Keeps Control of Its Property [Corrected]

In Carrollton Presbyterian Church v. Presbytery of South Louisiana of the Presbyterian Church (USA), (LA App., Sept. 14, 2011), a Louisiana state appellate court upheld the right of a Presbyterian congregation to sell real property titled in its name.  It held that a provision in the PCUSA's Book of Order regarding rights of the parent church does not apply to this case. That provision of church law specifies that property titled in the name of the congregation is nevertheless held in trust for the parent church. A provision in the Church's Book of Order, however, allowed congregations that were part of the Presbyterian Church in the United States, when it reunited with the United Presbyterian Church in the USA, to opt out of the provision. Carrollton had opted out. The court went on to say that even if Carrollton had not opted out, neutral Louisiana trust law would apply to this case.

The court also upheld against 1st Amendment challenge provision in the injunction that were designed to prevent evasion of its terms.  These included initiating disciplinary actions against Carrollton officials because of the property dispute, dissolving the church in order to take over its property, or otherwise interfering with congregational personnel in ways that relate to use of the property. This does not prevent non-pretexutal ecclesiastical actions. Virtue Online comments on the decision, comparing it to similar cases in the Episcopal Church arising under the so-called Dennis Canon. AnglicansUnited has background on the case.

Court To Unseal Recording of Proposition 8 Trial

In Perry v. Schwarzenegger, (ND CA, Sept. 19, 2011), a California federal district court judge agreed to unseal the digital recording of last year's non-jury trial last on the constitutionality of California's Proposition 8-- the state constitutional amendment barring same-sex marriage.  Focusing on the importance of transparency of judicial proceedings, the court rejected as unsupported conjecture the argument that release of the recordings would have a chilling effect on expert witnesses' willingness to cooperate in future proceedings.The court, however, stayed the effectiveness of its order until Sept. 30 to give the parties time to file an appeal and seek a further stay. AP reports on the decision.

En Banc Review To Be Sought In Classroom Banner Case

In a press release yesterday, the Thomas More Law Center announced that it will petition the 9th Circuit for en banc review in Johnson v. Poway Unified School District. In the case, a 3-judge panel of the 9th Circuit rejected claims by a high school calculus teacher that his free speech rights, as well as the Establishment Clause and Equal Protection clause,were violated when his school district required him to remove large banners posted in his classroom that carried historic and patriotic slogans, all mentioning God or the Creator. (See prior posting.)

9th Circuit: Fair Housing Act Religious Exemption Protects Homeless Shelter

In Intermountain Fair Housing Council v. Boise Rescue Mission, (9th Cir., Sept. 19, 2011), the U.S. 9th Circuit Court of Appeals held that the religious exemption in the federal Fair Housing Act applies to shield from religious discrimination claims an organization that sponsors Christian homeless shelters and a drug treatment program.  Thus no claim lies against the Boise Rescue Mission for requiring participants in its drug treatment program to become Christian before graduating. Similarly no religious discrimination claim lies because of the shelter's practice of feeding those who attend the shelter's religious services first before those who do not attend are fed. AP reports on yesterday's decision. (See prior related posting.) [Thanks to Becket Fund for the lead.]

Pakistan Court Issues Temporary Ban on Facebook; Suit Seeks Broader Ban

In Pakistan, the Lahore High Court is hearing a lawsuit seeking a permanent ban in the country on access to the social netwrking site Facebook because it has hosted a page titled "2nd Annual Draw Muhammad Day-May 20, 2011." According to Pakistan Today, yesterday, the court issued a temporary order while the case is pending, requiring the Ministry of Information and Technology to block all websites that spread religious hatred, especially Facebook. However no search engines, such as Google, are to be blocked. The lawsuit, filed by a public interest litigation firm, asks the court to require the federal government to create a permanent authority having legal status that would monitor websites across the world and ban those that blaspheme any religion or their holy personalities. Meanwhile a search of Facebook suggests that the offending page has already been taken down.

Egyptian Copts Seeking Divorce Plan To Resign To Invoke Legal Loophole

Under Egyptian personal status law, the Coptic Orthodox Church controls divorce of couples where both are members of the Church.  Al-Ahram this week reports that hundreds of Copts who are seeking a divorce plan to gather in front of the Ministry of Justice to collectively resign membership in the Church.  Under Egyptian law, if a non-Muslim couple is of different religious denominations, then Islamic Shariah law applies to their divorce.  This will permit the couple to get around the Coptic Church's limitation of the grounds for divorce to adultery. Some are calling for the Ministry of Justice to permit notaries to provide civil marriages and divorce.

Maldives Promulgates New Regulations To Prevent Extremist Islamic Teachings

In the Maldives, the government has published new regulations (full text) under the 1994 Protection of Religious Unity Act in the country's official gazette. According to yesterday's Minivan News, the new regulations, which have undergone numerous revisions since the original draft issued last year, are aimed at preventing the spread of extremism. Under the regulations, only individuals approved by the Ministry of Religious Affairs may deliver religious sermons or lectures.  Among the requirements for approval is that the individual have obtained a degree from one of 36 specified colleges or universities in 12 countries.  The regulations also set out 12 principles that must govern any religious sermons or advice. The include requirements that the person:

(f) Not engage in any talk that may create hatred and anger among the people, nor disseminate any information that incites to violence of any kind.

(g) Not engage in any talk that may be interpreted as racial and gender discrimination, nor prevent people from education or health services in the name of Islam. 

(h) When explaining issues contested among scholars, clearly explaining each scholar’s individual stand on the contested issue; and if the licensed preacher takes a personal side on the issue, clearly explaining to his/her audience why and based on what criteria and evidence he/she is basing his/her personal judgment on that particular issue.

The regulations also bar propagating any faith other than Islam and displaying in public books on other religions.  The media may not  broadcast programs that humiliate Allah, the Qur'an, the Sunnah of the Prophet Muhammad  or Islam.

Both the Islamic Foundation of the Maldives and the Adhaalath Party (that controls the Islamic Ministry) have objected to the new regulations.