School Board Wants To Keep "Bible Man" Assemblies

In Jackson County, Alabama, for 35 years elementary schools have held regular student assemblies featuring "Bible Man" who tells students Bible stories.  According to yesterday's Huntsville (AL) Times, school board members last Monday rejected a complaint filed by the Freedom from Religion Foundation on behalf of the parents of a North Sand Mountain School student. The Board is now attempting to work out a way to continue to legally hold the assemblies. School officials suggest that offering Bible Man during a free period in which students have the choice of other activities as well may be a solution. Until changes are implemented, Bible Man will not return to North Sand Mountain School. Alabama state senator Shadrack McGill, a supporter of Bible Man, said: "We were established to be a godly nation, a Christian nation. We need God in government. We need God in the public school." He suggested that those who oppose the practice should home school their children. [Thanks to Edward Still for the lead.]

Judge Issues Candid Memos In School Graduation Prayer Lawsuit

In May, Americans United filed a lawsuit challenging the Medina Valley, Texas Independent School District's plan to include student-led prayers in its graduation ceremony. The district court issued a broad preliminary injunction against prayer. (See prior posting.) The 5th Circuit quickly dissolved the preliminary injunction. (See prior posting.) Since then, Western District of Texas federal district Judge Fred Biery has filed several interim rulings with rather candid observations on the case which is captioned Schultz v. Medina Valley Independent School District.  On Nov. 2, the court ruled on several motions, including allowing an amended complaint to be filed. In the opinion, Judge Biery said in part:

the parties are spending what appears to be inordinate amounts of money and time which could be better spent on educating students. That of course would require the parties, with the assistance of counsel, to find some reasonable compromise. Or as the modern urban philosopher Rodney King once said, “[C]an we all get along?”

On Nov. 28, the court filed a memorandum titled Observations on Approaching Jury Trial suggesting that the school district had already made concessions that should be sufficient for the parties to reach a settlement. Judge Biery concluded his observations as follows:

Nevertheless, if the parties choose to spend more money and take more time away from educating students, the Court will proceed with logistical jury trial planning, though the Court believes both sides will rue such choice. Jesus of Nazareth and St. Paul express the same lesson this way: You shall reap what you shall sow and They know not what they do.

In a Dec. 6 opinion, the court also expressed frank views on the decision of one of the plaintiffs to withdraw rather than disclose her identity as the court had said she must:

Throughout history, there have been people who take risks to stand up for what they believe to be right, and sometimes unfortunate consequences flow from their courage. Young people the same age as Corwin Schultz and Pat Doe lie in the cemeteries of Normandy because they did not shrink from their duty to scale the cliffs of Omaha Beach and ultimately defeat a government which would, if undefeated, have continued to oppress the Jewish minority.

Within the American Constitutional experience, Rosa Parks, Congressman John Lewis, and other African Americans could have gone quietly to the back of the bus, continued to go to separate restrooms and water fountains and subjugated their freedom and their right to vote to the will of the majority government holding power.

Finally, on Feb. 4, the court issued an Advisory on the right of student graduation speakers, given the school's agreement that it will not approve the student remarks:

Because of the governmental disclaimer, the student speaker's right under First Amendment concepts of free speech would allow for requests for private citizen audience participation in which private citizens might or might not join. For example, if a Muslim student were to be valedictorian, she or he could express a particular view verbally and physically within the Muslin tradition and the audience might or might not join in facing Mecca if requested.

On the other hand, those government officials on stage are, in that setting, not private citizens and represent the diverse religious and non-religious community as a whole. While the government official might agree with the student speaker, in the role of government official within First Amendment concepts of government not endorsing or promoting a particular religious belief, the government official should refrain from facing Mecca and expressing agreement while wearing the government hat.

San Antonio Express-News reports on the latest Advisory.

Iowa High Court Holds Ban On Steel-Wheel Tractors Violates Mennonites' Free Exercise Rights

In Mitchell County v. Zimmerman, (IA Sup. Ct., Feb. 3, 2012), the Iowa Supreme Court held that a county ordinance prohibiting use on paved roads of tractors equipped with steel cleated wheels violates the 1st Amendment rights of members of the Old Order Groffdale Conference Mennonite Church.  The Mennonites adopted the steel wheel requirement in order to prevent tractors displacing the horse and buggy and destroying their close-knit community.  The court concluded that the ordinance is not one of "general applicability" because it contains exemptions for school buses to use ice grips and tire studs year round, and does not address sources of road damage other than steel wheels. A free exercise challenge to a law that is not generally applicable will succeed unless the state shows a compelling interest and a regulation narrowly drawn to further that interest.The court concluded that the county had not shown that the ordinance was narrowly tailored.  It said: "A more narrowly-tailored alternative might allow steel wheels on county roads in some circumstances, while establishing an effective mechanism for recouping the costs of any necessary road repairs if damage occurs." The Des Moines Register reports on the decision.

UPDATE: According to AP (2/8), Mitchell County will not appeal the decision to the U.S. Supreme Court because the ordinance at issue in it has now been replaced by a different one which the county attorney believes will be upheld if challenged.

9th Circuit Orders Recordings Of Proposition 8 Trial To Remain Under Seal

In Perry v. Brown, (9th Cir., Feb. 2, 2012), the U.S. 9th Circuit Court of Appeals held that a California district court abused its discretion in ordering the unsealing of a video recording of the trial proceedings in the case challenging the constitutionality of California's Proposition 8-- the ban on same-sex marriage. Judge Vaughn Walker had the recordings made solely for his in-chambers use. Those challenging Proposition 8 argued that release of the recordings would have a chilling effect on expert witnesses' willingness to cooperate in future proceedings. The unsealing was ordered by Judge Walker's successor following Walker's retirement. (See prior posting.) The 9th Circuit said:

the district court failed to appreciate the nature of the statements that the trial judge had made to the litigants, the specific factual and legal context in which he made them, and the consequences of his having done so. The integrity of our judicial system depends in no small part on the ability of litigants and members of the public to rely on a judge’s word. The record compels the finding that the trial judge’s representations to the parties were solemn commitments. Upon this record, there is only one plausible application of the standard for sealing a record that is, arguendo, subject to the common-law right of public access: the interest in preserving the sanctity of the judicial process is a compelling reason to override the presumption in favor of the recording’s release.

AP reports on the decision.

Fines Against Church of Scientology Upheld By French Court

AP reports that in France yesterday, an appeals court upheld a lower court's fraud conviction of the Church of Scientology that had been charged with pressuring members to pay large amounts for questionable remedies. The court upheld the fines imposed by the lower court--  the equivalent of $530,000 for the church and $261,900 for its bookstore. At the trial court level, prosecutors lost their bid to have the church dissolved or closed down in France which does not consider Scientology to be a legitimate religion. (See prior posting.)

NYPD Report Urges Increased Surveillance of Shiite Mosques

AP reported yesterday on the contents of a 2006 New York Police Department Intelligence Strategy Report (full text) that recommended increased surveillance of Shiite mosques as a way to locate Iranian terror threats. According to AP: "The document also renews debate over how the NYPD privately views Muslims."

President Speaks At National Prayer Breakfast

President Obama spoke yesterday at the National Prayer Breakfast held at the Washington Hilton Hotel in Washington, D.C. (Full text of remarks.) He said in part:

[I]n my moments of prayer, I’m reminded that faith and values play an enormous role in motivating us to solve some of our most urgent problems, in keeping us going when we suffer setbacks, and opening our minds and our hearts to the needs of others. 

We can’t leave our values at the door.  If we leave our values at the door, we abandon much of the moral glue that has held our nation together for centuries, and allowed us to become somewhat more perfect a union.  Frederick Douglass, Abraham Lincoln, Jane Addams, Martin Luther King, Jr., Dorothy Day, Abraham Heschel -- the majority of great reformers in American history did their work not just because it was sound policy, or they had done good analysis, or understood how to exercise good politics, but because their faith and their values dictated it, and called for bold action -- sometimes in the face of indifference, sometimes in the face of resistance....

And when I talk about shared responsibility, it’s because I genuinely believe that in a time when many folks are struggling, at a time when we have enormous deficits, it’s hard for me to ask seniors on a fixed income, or young people with student loans, or middle-class families who can barely pay the bills to shoulder the burden alone.  And I think to myself, if I’m willing to give something up as somebody who’s been extraordinarily blessed, and give up some of the tax breaks that I enjoy, I actually think that’s going to make economic sense.

But for me as a Christian, it also coincides with Jesus’s teaching that “for unto whom much is given, much shall be required.”  It mirrors the Islamic belief that those who’ve been blessed have an obligation to use those blessings to help others, or the Jewish doctrine of moderation and consideration for others.

CNN Money headlines its coverage of the President's remarks: "Obama: Jesus would back my tax-the-rich policy." The Washington Post says that this year's Prayer Breakfast had a different tone than usual, with more unscripted moments.

550 Sex Abuse Victims File Claims In Milwaukee Diocese Bankruptcy

Yesterday at 4:00 p.m. was the deadline for filing of claims in the bankruptcy proceedings of the Catholic Archdiocese of Milwaukee.  The Milwaukee Sentinel-Journal reported yesterday that at least 550 people filed sex abuse claims-- the largest number in any of the 8 diocesan bankruptcies since 2004. The archdiocese will object to claims relating to abuse by religious order priests who it says were not diocese employees.  It will also raise defenses against three of the claims against priests.

Retired General With Anti-Muslim Record Withdraws As West Point Prayer Breakfast Speaker

The New York Times reports that the U.S. Military Academy on Monday announced that retired Lt. Gen William G. Boykin "has decided to withdraw speaking at West Point’s National Prayer Breakfast" on Feb. 8. The announcement of Boykin's planned appearance drew protests because of his record of anti-Muslim statements. (See prior posting.)

Court Denies Preliminary Injunction On Promotions Of Non-Liturgical Navy Chaplains

In In re: Navy Chaplaincy, (D DC, Jan. 30, 2012), the D.C. federal district court denied a preliminary injunction in an Establishment Clause challenge to the Navy Chaplain Corps’ selection board process for voting on the promotion of chaplains. Plaintiffs claimed that the process favors Catholic and liturgical Protestant chaplains, while leaving non-liturgical chaplains underrepresented in the Navy.  The court held that plaintiffs lack standing because they have failed to show that they will suffer an injury. Also they have not shown a substantial likelihood of success on the merits: "plaintiffs have submitted no evidence from which the court could assume that the future promotion boards will follow any putative pattern of alleged past discrimination." (See prior related posting.)

Indiana Senate Passes Creationism Bill Which Is Criticized By Intelligent Design Advocates

Yesterday, the Indiana state Senate passed SB 89 (full text) by a vote of 28-22.  The bill allows public schools to:

offer instruction on various theories of the origin of life. The curriculum for the course must include theories from multiple religions, which may include, but is not limited to, Christianity, Judaism, Islam, Hinduism, Buddhism, and Scientology.

Interestingly, the Discovery Institute, the leading center promoting the theory of intelligent design, issued a press release criticizing the Indiana Senate's passage of the bill. Attempting to distinguish intelligent design from creationism, the Institute said in part: "There are plenty of scientific criticisms of Darwin’s theory today, and science students should be able to hear about them, not about religion.”

Sweden's New Home Schooling Limits Being Tested By Chabad Rabbi

In Sweden, a change in law took effect January 1 that limits mores narrowly the situations in which parents can home-school their children. It is now permitted only in "extraordinary" circumstances. The new law aims to make education across the country more uniform. (See prior posting.)  Chabad Lubavitch World HQ / News reported yesterday that one of the first tests of the new law involves Rabbi Alexander and Leah Namdar, Chabad representatives to Sweden.  Four of the Namdar children are studying in an online international school. Authorities in Gothenburg have formally notified the Namdars that they will be fined the equivalent of $2400 (US) per week if they do not enroll their children in a Swedish school by Feb. 1.  The Namdars' supporters say the Swedish law was aimed at immigrant children who were illiterate. The Namdar children, by contrast, are being educated along with 500 other students in the online school, and this is supplemented by private tutoring. They have a full morning schedule of Judaic studies including Hebrew, while their afternoons are devoted to English, Swedish, mathematics, geography, science, music, art, and gymnastics. Apparently Swedish schools have significant bullying problems, and the Namdars are concerned that as the only Orthodox Jews in Gothenburg, the children would stand out in a Swedish school and become targets for anti-Semitism. The Namdars say that their right to give their children a Jewish education, which the public schools cannot accommodate, is at stake.

White House Press Secretary Responds To Bishops' Criticism of HHS Policy

At yesterday' White House press briefing (full text), Press Secretary Jay Carney engaged in a lengthy exchange with reporters on the Catholic Bishops' strong opposition to new rules under the Affordable Care Act requiring most health insurance policies to fully cover contraceptive services. Narrow exceptions for religious employers would not cover most Catholic schools and hospitals. (See prior posting). Here is a substantial part of the exchange in the press briefing:

Q: ... It was a pretty extraordinary situation on Sunday in parishes all across the country, individual priests were reading letters from their bishops in that particular parish that were pretty much denouncing the Obama administration about these provisions dealing with contraception, Catholic hospitals and whatnot in connection with the Affordable Care Act.  I guess my question would be, how does the administration justify having the federal government institute a law that basically forces people to violate their religious beliefs?

MR. CARNEY:  Well, that misrepresents actually ... the ... decision about the implementation of the Affordable Care Act....  The decision was made... after very careful consideration, and the administration believes that this proposal strikes the appropriate balance between respecting religious beliefs and increasing access to important preventive services.  We will continue to work closely with religious groups during this transitional period to discuss their concerns.

It’s important -- to go to your point -- that this approach does not signal any change at all in the administration’s policy on conscience protections.  The President and this administration have previously expressed strong support for existing conscience protections, including those relating to health care providers.  That support continues.

I also would just note that our robust partnerships with the Catholic Church and other communities of faith will continue.  The administration has provided over $2 billion to Catholic organizations over the past three years in addition to numerous nonfinancial partnerships that promote healthy communities and serve the common good.

Q: The bishops are saying just the opposite.  They’re saying that basically if somebody is working in a Catholic hospital and they don’t cover contraception for their employees, that they’re in violation of federal law.  So I don’t understand how you’re saying that there are still conscience protections.  They would violate the law, wouldn’t they?

MR. CARNEY:  Well, this does not direct an individual to do anything, first of all.  The new guidelines require most private health plans to cover preventive services, including contraception, for women without charging a copay, coinsurance or deductible.

The guidelines were recommended by the nonpartisan, independent Institute of Medicine.  The administration also released a proposed regulation that allows nonprofit, religious employers that offer insurance to their employees the choice of whether or not to cover contraception services.

After reviewing comments from the public, the administration announced that the final rule on preventive health services will ensure that women with health insurance coverage will have access to the full range of recommended preventive services, including all FDA-approved forms of contraception.

And I would just note that we will work with religious groups during a transitional period to discuss their concerns.  But this decision was made after careful consideration by Secretary Sebelius, and we believe that the proposal strikes the appropriate balance between religious beliefs on the one hand and the need to increase access to important preventive services for women.

 Q    ...  [A] Democrat who’s Catholic, E.J. Dionne, wrote in The Washington Post yesterday that the President ... “utterly botched this policy.”  And he said he, “threw his progressive Catholic allies under the bus.” ....

MR. CARNEY:  ... Ed, all you’re pointing out is that there are people who disagree with the decision.  We understand that not everyone agrees with it.  All I can tell you is it was made after very careful consideration based on the need to balance those two issues and that the necessity to provide access to preventive services for women was an important consideration.

Q    What about the constitutional right to freedom of religion?...

MR. CARNEY:  I don’t believe there are any constitutional rights issues here, but I would refer you to others to discuss that.  ... I understand that there’s controversy ... and we will continue to work with religious groups to discuss their concerns.  But on the other side of this was the important need to provide access to women to the preventive services that they require....

Q    The bishop of Phoenix said Catholics shouldn’t comply with this law.  Will there be any consequences for not --

MR. CARNEY:  I’m the wrong guy to ask.

Forest Service Renews Use Permit For Ski Resort Jesus Statue

The U.S. Forest Service has agreed to renew a controversial special use permit in a ski area in Montana.  As previously reported, in October the U.S. Forest Service withdrew an earlier decision and instead sought public comment on reissuing a special use permit to the Knights of Columbus for a statue of Jesus that has since 1955 been located on land in the Flathead National Forest. Between Oct. 19 and Dec. 8, the Forest Service received 95,000 comments. In a press release issued yesterday, the Forest Service said in part:

The permit is reauthorized for ten years and is for the display of a statue of Jesus Christ on a 25 foot by 25 foot parcel of land near the top of Chair Two at Whitefish Mountain Resort.

[Flathead National Forest Supervisor, Chip] Weber says he is reauthorizing the permit because “I understand the statue has been a long-standing object in the community since 1955, and I recognize that the statue is important to the community for its historical heritage based on its association with the early development of the ski area on Big Mountain.” The statue’s historic value and eligibility for listing on the National Register of Historic Places is in part directly linked to the current physical location of the statue.

KBZK News reports on these developments in an article that carries photos of the statue. All of the Project Documents are also available online. The Washington Post reports that the decision means that Rep. Denny Rehberg will withdraw his bill that would have authorized a land swap so that the land on which the statue sat would have been privately owned. The Post also points out that the statue was originally put up by Knights of Columbus members who were inspired by similar statues in European mountains that many saw in World War II.

Unofficial Sharia Court In India Orders Expulsion of Christian Priests

In India's only Muslim-majority state, Jammu & Kashmir, an unofficial sharia court (which was not created by the government) on Jan.19 issued a fatwa ordering the expulsion of three Christian priests. It also urged the government to take over management of missionary schools, introduce Islamic prayer and Islamic studies classes. In particular, the court demanded that a prayer written by an Urdu poet be recited at morning assemblies in all Christian missionary schools. The Asia Times and Hindustan Times report on developments

The court's decree came after one of the priests "confessed" to having converted 15 Muslim boys to Christianity. Last October, footage appeared on the Internet showing Pastor Chander Mani Khanna baptizing Kashmiri Muslim youth, and a reaction included calls for killing Khanna. Later an inflammatory article quoted one of the boys who converted as saying that Khanna used a girl to entice him to drink alcohol and eat "swine meat." Conversion is legal in Jammu & Kashmir. However Khanna was arrested, and then released on bail, charged under Sections 153A of the Ranbir Penal Code that bars "promoting enmity between different groups ... and doing acts prejudicial to maintenance of harmony," as well as under Section 295A that prohibits "deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs". Meanwhile, separatist leader Syed Ali Geelani criticized the court's decree, saying: "Kashmiris cannot ignore the contributions of Christian missionary schools towards the educational system in the Valley. Unfortunately, Muslims have not been able to build an educational institution like those by the Christian missionary schools despite all available resources."

Secular-Religious Tensions In Tunisia Explored

The New York Times in an article posted yesterday explores the struggle in post-revolutionary Tunisia between secular and religious forces. One symbol of the tensions is the trial, now postponed until April, of a television director for broadcasting the French animated movie "Persepolis", a film about a girl's childhood in revolutionary Iran. The Times reports:

Nearly everyone here seems to agree that “Persepolis” was broadcast Oct. 7 on Nessma TV as a provocation of some sort.... [M]any in Tunisia, both pious and less so, were taken aback by the brief scene in which God was personified — speaking in Tunisian slang no less. A week later, a crowd of Salafis ... attacked the house of Nabil Karoui, the station’s director, and he was soon charged with libeling religion and broadcasting information that could "harm public order or good morals."

CNN Analyzes Likely Evangelical Vote In Florida

Today is the Republican presidential primary in Florida. Last week CNN analyzed the likely evangelical vote in Florida:

There are signs that Florida’s evangelical voters may be more forgiving of Romney’s past social liberalism than their Iowa and South Carolina brethren – and more willing to support a Mormon candidate..... As a percentage of GOP voters, there are fewer evangelicals in Florida compared to South Carolina and Iowa, where Rick Santorum won the presidential caucuses.... And compared to those other early primary states, Florida is much more religiously diverse.... Still, evangelical Christians claim a bigger share of the Florida Republican vote than any other religious tradition. There also are signs they may be more tolerant of a Mormon candidate than born-again Christians in the Bible Belt and Midwest.

Bankruptcy Court Sells Off Religious Community's Llama Herd At Fire Sale Price

AP reports that an Iowa federal bankruptcy judge on Monday took the unusual step of ordering a "fire sale" of a herd of llamas that came under court control two weeks ago after a self-proclaimed priest, Ryan Patrick Scott, filed for bankruptcy. Scott led a small religious community in Independence, Iowa that raised the llamas. The llamas were sold for $7500 to Steve and Sandy Auld who already raise llamas and were caring for Scott's animals under federal supervision since they were taken over by the court. Scott had argued that the animals belong to his non-profit corporation, not to him personally. The Aulds will also be paid $100 per day for the time they cared for the animals before the sale.

Catholic Churches Around Nation Read Letters Attacking HHS Health Insurance Requirement

CBS News reports that last Sunday Catholic Churches around the country read similar letters from their local bishops condemning the Obama administration's new rules requiring contraception coverage by most health plans, with exemptions that are too narrow to include most Catholic schools and hospitals. (See prior posting.) A typical letter quoted in full by the CBS report read in part:

The U.S. Department of Health and Human Services announced last week that almost all employers, including Catholic employers, will be forced to offer their employees’ health coverage that includes sterilization, abortion-inducing drugs, and contraception..... In so ruling, the Obama Administration has cast aside the First Amendment to the Constitution of the United States, denying to Catholics our Nation’s first and most fundamental freedom, that of religious liberty.... [W]e Catholics will be compelled to either violate our consciences, or to drop health coverage for our employees (and suffer the penalties for doing so)..... We cannot—we will not—comply with this unjust law. People of faith cannot be made second class citizens.

Syrian Uprising Becoming Shiite-Sunni Conflict

Yesterday's Christian Science Monitor reports that as the fighting goes on in Syria, the conflict is moving from a popular uprising to a confrontation between Sunnis and Shiites, explaining:

The regime’s reliance on Alawite militiamen, known as the Shabiha, to help suppress the 10-month uprising is mirrored by elements of the armed rebel forces rallying around their Sunni identity through religious and sectarian motifs and language. The minority Alawite sect draws upon some Shiite traditions and is considered heretical by conservative Sunnis.

Shiite Iran and Hezbollah support the Alawites.