Mississippi Governor Supports Personhood Amendment

On Friday, Mississippi Governor Haley Barbour posted a statement on his official website indicating that he supports Initiative 26, the Personhood Amendment that will appear on the ballot in Mississippi this week. The statement reads:

A pro-abortion group has called people's homes and deceived voters into thinking I'm opposed to Initiative 26, the Personhood Amendment. As I've previously stated, I voted for the Personhood Amendment. These misleading calls were made without my knowledge, without my permission and against my wishes. I have demanded this deception be stopped, and those responsible have assured me that no more calls will be made.

The State Column reported yesterday that the robocalls to which Barbour refers used a portion of an MSNBC interview with Barbour in which he expresses concern about the ambiguity of the language of Initiative 26.  The proposed constitutional amendment provides: "As used in this Article III of the state Constitution, "The the term 'person' or 'persons' shall include every human being from the moment of fertilization, cloning, or the functional equivalent thereof."

White House Statement Sends Greetings To Muslims On Eid and Hajj

President Obama today released a statement (full text) sending greetings for a happy Eid al-Adha to Muslims around the world observing the feast on Monday. The statement also congratulates those performing Hajj, which began today. The President said in part: "The Eid and Hajj rituals are a reminder of the shared roots of the world’s Abrahamic faiths and the powerful role that faith plays in motivating communities to serve and stand with those in need." AP reports that some 2.5 million pilgrims are taking part in the 5-day Hajj in Saudi Arabia. Meanwhile, according to today's Jakarta Globe, in Indonesia police in Banten arrested 3 officials from the Ministry of Religious Affairs for fraud. They took up to $5600 each from dozens of people who thought they were paying for arrangement to perform Hajj.

Air Force Academy Changes Backing Of Christmas Project

The Colorado Springs Gazette reported Thursday that the U.S. Air Force Academy has withdrawn its general solicitation of cadets by cadet leaders to support Operation Christmas Child. The program, sponsored by an evangelical Christian group, sends toys and toiletries to children around the world in boxes that also contain religious messages. The Academy has instead turned participation in the project over to Academy chaplains who can recruit support for religious activities. The change was made after a complaint was filed by Mikey Weinstein, head of the Military Religious Freedom Foundation. The Air Force Academy has been embroiled in numerous controversies in recent years accusing it of promoting Christianity to its cadets. (See prior related posting.)

Michigan Anti-Bullying Bill Criticized Over Religious Exemption

Michigan is one of three states without an anti-bullying law. Currently, Matt's Safe School Law, SB 45, is working its way through the state's legislature. ABC News reports that the state Senate passed the bill last Wednesday, but added a controversial exemption that provides the bill "does not prohibit a statement of a sincerely held belief or moral conviction." Columnist Dan Savage strongly criticized the exemption, saying:

It really is a God-hates-fags-special-rights-for-Christians-to-abuse-LBGT-kids-in-the-school law. It's a law that specifically empowers students, teachers, administrators [and] principals to bully LGBT kids if they can point to a moral justification."

Bill sponsor Rick Jones says this language was not intended to allow a child to be confronted or abused, but was merely designed to protect the child who says in class that his religion does not believe in same-sex marriage.  Jones says he is open to the language being changed, so long as students' 1st Amendment rights are protected.


UPDATE: The Michigan House of Representatives on Nov. 10 passed HB 4163, a version of the anti-bullying law that does not contain the language exempting statements motivated by religious or moral beliefs. (Huffington Post.)

Summum Sues Pleasant Grove Again-- Now In State Court

The Summum organization has been attempting for several years to obtain permission to put up a Seven Aphorism's monument in a park in Pleasant Grove City, Utah. The park already contained a number of other monuments, including the Ten Commandments.  The city's refusal has been upheld against federal constitutional challenges by the U.S. Supreme Court (see prior posting) as well as subsequently on remand by the Utah federal district court. (See prior posting.) However the federal district court declined to exercise supplemental jurisdiction to hear Summum's claim that the city's refusal violates Utah's state constitution. The Provo (UT) Daily Herald today reports that now Summum has filed another lawsuit in state court raising the state constitutional claims. It alleges that the state establishment clause (Art. I, Sec. 4) is broader than the federal establishment clause.

Nurses Sue NJ Hospital Claiming Forced Participation In Abortion Procedures

A lawsuit was filed last week by a group of nurses against the University of Medicine and Dentistry of New Jersey claiming that the University has demanded that the nurses assist in abortions in violation of their religious objections, and that they begin training to do so immediately.  The complaint (full text) in Danquah v. University of Medicine and Dentistry of New Jersey, (D NJ, filed 10/31/2011), alleges that these demands violate federal and state statutes that protect the conscience rights of medical personnel, and also violate the 14th Amendment. AP reported yesterday that the University has assured the court that it will not require nurses to participate in the training until after a scheduled Nov. 18 court hearing.

Mormon Church Sues Texas City To Challenge Denial of Zoning Permit

The Mormon Church last week filed a federal lawsuit against the city of Mission, Texas, challenging its refusal to grant a conditional use permit for a new church building that was needed to alleviate the inadequate space currently available for local church members to worship. The complaint (full text) in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. City of Mission, (SD TX, filed 10/31/2011), alleges that the city arbitrarily imposed a super-majority City Council voting requirement for approval of the permit, and that  one member of City Council should have abstained from voting because of a conflict of interest. The suit claims violations of RLUIPA, the Texas Religious Freedom Restoration Act, and free exercise and due process provisions of the Texas and U.S. Constitutions. Yesterday's Rio Grande Valley Monitor reported on the lawsuit.

Preliminary Injunction Permits Student To Distribute Religious Flyers

In K.A. v. Pocono Mountain School District, (MD PA, Oct. 20, 2011), a Pennsylvania federal district court issued a preliminary injunction permitting an elementary school student to hand out non-school related religious flyers.  The suit was filed after school officials barred the student from handing out invitations to a Christmas party at her church.  The court said that where, as here, student speech is involved, analysis should focus on the "disruption" test developed in the Tinker case, and not an analysis of whether a school is a nonpublic forum. The North County Gazette reports on the opinion. (See prior related posting.)

New Poll Shows Small Increase In U.S. Anti-Semitic Attitudes

The Anti-Defamation League released a new national poll yesterday finding a slight increase in anti-Semitic attitudes of Americans over the past two years. The survey found that 15% of Americans hold deeply anti-Semitic views, up from 12% in 2009. The survey demonstrated that old attitudes and stereotypes are still prevalent in significant groups of the population.  14% agreed with the statement that Jews have too much power in the United States. 31% agreed with the statement that the Jews were responsible for the death of Christ.

Canadian Court Rules In Sikh Temple Factional Dispute

A Canadian trial court in Windsor, Ontario has issued a ruling in a factional dispute at the Sikh Cultural Society of Metropolitan Windsor.  As reported by the Windsor Star on Wednesday, the court determined which members of the Sikh temple are eligible to vote at an upcoming election. The dispute arose when the temple's former leader, Dr. Sukhdev Singh Kooner, refused to hand over leadership to a newly elected executive committee.  On several occasions, violence has erupted between the factions.  The court this week also ordered Kooner and his supporters to stay away from the temple, except for Sunday worship services, for the next three months while elections are being held.

Britain To Permit Civil Partnership Ceremonies On Religious Premises

On Wednesday, Britain's Equalities Office published a summary of the responses to its consultation on regulatory changes that would permit same-sex civil partnership ceremonies to take place on the premises of religious institutions in England and Wales. The report includes a draft of The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011 to implement the changes. (Full text of report.) The report says:

Making this change will allow those religious organisations that wish to do so to host civil partnership registrations on their religious premises. This voluntary provision is a positive step forward for both LGB rights and religious freedom.

The decision by any particular faith group on whether they wish their premises to be designated for civil partnership ceremonies is entirely voluntary.  The proposed regulations will leave it up to local authorities to decide whether they will as well designate clergy who apply to become civil partnership registrars. The draft Regulations will be laid before Parliament so they can come into force by the end of 2011.  The government also promised to publish a consultation document in March 2012 on equal civil marriage. Anglican Journal on Wednesday reported on developments.

Prosecutor Settles Religious Discrimination Law Suit

The Youngstown Vindicator reported Tuesday that a settlement has been reached in Ally v. City of Youngstown, a federal law suit by a Muslim assistant prosecutor in the Youngstown, Ohio Law Department alleging religious discrimination and failure to accommodate his need to attend Friday mosque services. (See prior posting.) In the settlement, plaintiff Bassil Ally will receive an immediate payment of $110,000 and will also receive a $4000 per year raise in his salary. Ally is now permitted to adjust his lunch schedule to attend Friday mosque services.

7th Circuit Hears Arguments In Bald Knob Cross Case

Yesterday the U.S. 7th Circuit Court of Appeals heard oral arguments in Sherman v. State of Illinois. An audio recording of the full oral arguments is available online. In the case, an Illinois federal district court dismissed a suit by activist Robert Sherman that challenged on Establishment Clause grounds a $20,000 state renovation grant for Bald Knob Cross. The district court dismissed the complaint on mootness and standing grounds. (See prior posting.) The Chicago Tribune reported on yesterday's oral arguments which focused in part on whether legislative intent that certain appropriated funds be used for Bald Knob creates a specific legislative appropriation which a taxpayer can have standing to challenge.

Turkish Court Upholds Alevis' Right To Create Houses of Worship

Today's Zaman on Wednesday reported on a trial court decision in Turkey that vindicates the right of Alevis to maintain their own houses of worship (cemevi). In 2004, Turkey's Religious Affairs Directorate took the position that "it is not possible to consider cemevis and other [such] places as places of worship because Alevism, which is a sub-group of Islam, cannot have a place of worship other than mosques or mescit that are common places of worship within Islam." Relying on this, the Interior Ministry asked the Çankaya Cemevi Building Association to remove references to cemevis as places of worship from its bylaws. The Association refused and the Ankara Prosecutor's Office moved to shut down the Association. The Ankara 16th Court of First Instance rejected the government's petition, writing:

Alevi cemevis or cem houses have been socially known and accepted as places of worship for centuries. The provision that cemevis are places of worship, which was included in the association’s bylaws, is not in conflict with Article 2 of the Turkish Constitution and there is not a law that prohibits this in the Turkish Constitution.

French Satirical Paper Fire Bombed Over Treatment of Islamic Law

The Los Angeles Times reports that in France yesterday, the Paris headquarters of the satirical newspaper Charlie Hebdo was fire bombed as a special edition of the French paper satirizing Islamic law in Libya and Tunisia was about to hit the newstands. According to the Daily Beast, which carries a photo of the cover of the special issue, Charlie Hebdo's website was also hacked. Muslim groups in France condemned the fire bombing, but also expressed disapproval of the depictions in the satirical issue.

Clergy Sexual Assault Provision Upheld Against Constitutional Challenge

In Smith v. Thaler, 2011 U.S. Dist. LEXIS 125869 (ND TX, Sept. 7, 2011), a Texas federal magistrate judge rejected overbreadth, vagueness and Establishment Clause challenges to a provision (TX Penal Code Sec. 22.011(b)(10)) in the Texas sexual assault statute. The challenged section provides that a sexual assault is without the consent of the other person if "the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser." A federal district judge subsequently accepted the magistrate's findings denying habeas corpus relief, and also denied a certificate of appealability. (2011 U.S. Dist. LEXIS 121962, Oct. 20, 2011).

2012 Religious Freedom Moot Court Competition Announced

George Washington University Law School has announced that it will host the 6th Annual National Religious Freedom Moot Court Competition on Feb. 11-12.  The competition is open to teams from law schools around the country. According to GW Law Professor Ira Lupu, this year's problem involves the interpretation and constitutionality of the religious performance exception in the Copyright Act of 1976 (17 USC Sec. 110(3).) Registration deadline for teams is Nov. 7.

Establishment Clause Challenge To Women's Studies Program Dismissed On Collateral Estoppel Grounds

In Hollander v. Members of the Board of Regents of the University of the State of New York, 2011 U.S. Dist. LEXIS 125593 (SD NY, Oct. 31, 2011), a New York federal district court adopted a magistrate's recommendations and dismissed on collateral estoppel grounds an Establishment Clause lawsuit by an alumnus of Columbia University. Plaintiff challenged provision of public funds to Columbia, arguing that the University's Women's Studies program unconstitutionally promotes a religion of feminism. In previous litigation, the same claim had been dismissed on standing grounds. UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 126375, July 1, 2011.

IRS Changes Preserve Social Security Conscience Exemption For LLCs

Yesterday the Internal Revenue Service published T.D. 9554 in the Federal Register. As explained by the Journal of Accountancy, the release amends federal tax regulations under Sec. 3127 of the Internal Revenue Code. That section provides an exemption from Social Security taxes where both the employer and employee are members of a religious sect that opposes participation in Social Security. However, changes in regulations in 2009 created a problem where the employer was not an individual, but instead a so-called "disregarded entity"-- primarily a limited liability company (LLC) wholly owned by one individual. The 2009 changes treated the LLC as the employer-- and the LLC as an artificial business entity, of course, has no religious beliefs. The changes made yesterday assure that the exemption will continue to be available where the sole owner of the LLC is an individual whose religious faith opposes participation in Social Security.

House Reaffirms "In God We Trust" As National Motto

Yesterday, by a vote of 396- 9 (with 2 members voting "present"), the U.S. House of Representatives passed H Con Res 13, reaffirming "In God We Trust" as the national motto and encouraging its display in public buildings. Christian Post outlines the background events leading to the resolution. Americans United criticizes the House for spending time on the resolution.