Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, May 04, 2012
Indonesia Prosecutes Atheist For Blaspehmy
The Guardian reported yesterday that in Indonesia, for the first time an atheist is being prosecuted for blasphemy, which includes a violation of the first pillar of Indonesia's state philosophy – pancasila, which requires belief in one god. Alex Aan was arrested for posting "God doesn't exist" on his Facebook page. He was moved to a rural prison after other inmates at the local prison in Padang in west Sumatra badly beat him when they learned of the charges against him. If convicted, Aan faces up to 11 years in prison. Under Indonesian law, the practice of Islam, Catholicism, Protestantism, Buddhism, Confucianism and Hinduism is protected. Questioning those faiths is treated as "insulting a major religion," and is punishable by 5 years in prison, with 6 years added if the defendant uses the Internet to spread the blasphemy.
Religious and Secular Groups Urge Executive Order Barring LGBT Discrimination By Government Contractors
Yesterday, 23 national organizations (Jewish, Christian, Muslim, humanist and secular) sent a letter (full text) to President Obama expressing disappointment that he has decided not to issue an executive order to add sexual orientation and gender identity to the prohibited forms of discrimination by government contractors. Urging the President to reconsider his decision, the letter said:
Our various faith traditions and belief systems counsel the treatment of all people with dignity. They inspire us to act with compassion and to work to ensure that all are accorded respect and equal opportunity. Moreover, many of us draw on our experience as members of groups that historically have known discrimination as a reminder of the importance of such anti-discrimination measures as a means of ensuring fairness in employment.The Religious Action Center of Reform Judaism coordinated the letter.
Thursday, May 03, 2012
Libya's Ban On Religious Parties Is Reversed
EuroNews reports that Libya's National Transitional Council has reversed a law adopted last month that banned political parties based on religion, tribe or ethnicity. (See prior posting.) Yesterday it promulgated an amended version of the law on formation of political parties that makes no mention of the ban. The Muslim Brotherhood is likely to be the most organized party that emerges. The Council also promulgated another law that prohibits "offend[ing] the 17th February revolution, anyone who insults the Islamic religion or the state and its institutions." It also bans "glorification of Muammar Gaddafi, his regime, ideas and his children."
Pakistan Court Stays Current Hajj Quota Allocations
In Pakistan yesterday, the Lahore High Court stayed, pending a hearing on May 9, the current process of allocating Hajj quotas to tour operators. The News reports that the lawsuit was filed by competing tour operators because the the Ministry of Religious Affairs was allocating quotas only to Hajj group organizers who had been registered in the past. This leads to high prices that makes Hajj unaffordable to many. Petitioners claimed that the Ministry's current limits violates Hajj Policy 2012 under which both old and new operators should be given an equal chance.
Meanwhile, according to today's Express Tribune, Pakistan's Supreme Court yesterday expressed concern over the slow progress of the Federal Intelligence Agency's investigation of alleged corruption in 2010 Hajj arrangements.
Meanwhile, according to today's Express Tribune, Pakistan's Supreme Court yesterday expressed concern over the slow progress of the Federal Intelligence Agency's investigation of alleged corruption in 2010 Hajj arrangements.
Suit Against Pastor Over Affair With Woman He Counseled Moves Ahead On Some Claims
St. Louis Today reports on developments in a Missouri state court lawsuit by Darrell and Rhonda Pitt against Pastor Bill Little and his now dissolved Christ Memorial Baptist Church of Cool Valley. The suit claims that in the 1980's, Little, who was a licensed psychologist as well as a pastor, had an affair with Rhonda Pitt who was then his secretary. Three years earlier, the Pitts began joint marriage counseling with Little, and at the time of the affair, Rhonda was continuing individual counseling with him. This week, the court dismissed sexual misconduct claims against Little on statute of limitations grounds. However the court allowed the Pitts to proceed with claims that Little defamed Rhonda Pitt from the church pulpit, as well as Darrell Pitt's claims of negligence and breach of fiduciary duty against Little and the church. The court also permitted the Pitts to have access to church documents to determine what knowledge the church had of Little's conduct. Meanwhile Little, who has retired from the pulpit and given up his psychologist's license, has filed counter-claims alleging that Darrell Pitt damaged his reputation by telling congregants that Little had raped Rhonda. Little also claims emotional damage from fiery letters sent to him in 2010 by Darrell Pitt.
American Indian Religious Freedom Act Suit Against NCAA Dismissed
In Spirit Lake Sioux Tribe of Indians v. National Collegiate Athletic Association, (D ND, May 1, 2012), a North Dakota federal district court dismissed a lawsuit brought by a group Sioux Indians who are challenging an NCAA policy that led the University of North Dakota to end the use of "Fighting Sioux" as its team nickname. The NCAA policy prohibits the display of Native American nicknames, mascots, and imagery at events conducted under NCAA auspices. The court described the lawsuit as part of a "never-ending saga" which has involved "a spectrum of protests for and against the name, tribal resolutions, state laws, and fierce public debate." In this lawsuit, plaintiffs claim that in 1969 a delegation from the Standing Rock Tribe, and at least one representative from the Spirit Lake Tribe, traveled to the UND campus and conferred on the university, in a ceremony involvling the lighting of a sacred pipe, the right to use the nickname “Fighting Sioux” in perpetuity.
Among the numerous claims raised by plaintiff is the allegation that the NCAA violated the American Indian Religious Freedom Act by failing to acknowledge the significance of the 1969 pipe ceremony, a sacred ritual with a basis in traditional tribal religion. However the court held that the American Indian Religious Freedom Act does not create any judicially enforceable rights. The court also rejected the claim that the NCAA had violated the Indian Civil Rights Act, since that Act only protects against infringements of individual rights by tribal governments. AP reports on the decision.
Among the numerous claims raised by plaintiff is the allegation that the NCAA violated the American Indian Religious Freedom Act by failing to acknowledge the significance of the 1969 pipe ceremony, a sacred ritual with a basis in traditional tribal religion. However the court held that the American Indian Religious Freedom Act does not create any judicially enforceable rights. The court also rejected the claim that the NCAA had violated the Indian Civil Rights Act, since that Act only protects against infringements of individual rights by tribal governments. AP reports on the decision.
Court Defers To Church Hierarchy In Dispute Over Control of Church Funds
In Stoupine v. Petrovsky, (NJ App., April 30. 2012), a New Jersey state appellate court, invoking the ecclesiastical abstention doctrine, dismissed a lawsuit between factions of the St. Nicholas Russian Eastern Orthodox Church in Red Bank, NJ. At issue was a dispute between members of the parish council and the church's new rector over who had control of the church's bank accounts. Members of the parish council appealed to the church hierarchy which ultimately ruled that transfer of funds to a new account initiated by the former and the new rectors was proper. The court said:
we cannot divine an adjudicatory role for a civil court in this case that would not intrude upon the church's ecclesiastical domain.... In essence, plaintiffs want the court to reverse the actions of the ecclesiastical hierarchy respecting church governance.... Matters of church governance, predicated upon its canons and hierarchical structure, should not be the subject of secular judicial resolution.
Michigan Legislative Prayer Caucus Formed
In Lansing, Michigan yesterday, 30 members of the state legislature attended the inaugural event of the newly formed Michigan Legislative Prayer Caucus. They shared Bible verses and quotations about religion from America's founders. M Live reports that 38 members have joined the Caucus so far. According to a statement issued by the Caucus, it is "a nonpartisan body of believers of Scriptural Truth, adhering to established Judeo-Christian principles and religious liberties that were widely practiced by the founders of these United States of America and the state of Michigan." Some are concerned that the Caucus has limited itself to Judeo-Christian principles, but supporters say it is open to anyone regardless of their religious belief. Meanwhile, in connection with National Day of Prayer events (see prior posting), Michigan Gov. Rick Snyder signed a proclamation declaring today as Michigan Day of Prayer.
Wednesday, May 02, 2012
Tomorrow Is National Day of Prayer
President Obama has issued a Presidential Proclamation (full text) declaring tomorrow to be a National Day of Prayer. The Proclamation reads in part:
UPDATE: For clarification, it should be noted that the National Day of Prayer Task Force is a private, not a governmental, organization. It focuses on mobilizing for Day of Prayer events in the Christian community. It lists events sponsored by groups that confirm a fundamentalist Christian statement of faith.
On this National Day of Prayer, we give thanks for our democracy that respects the beliefs and protects the religious freedom of all people to pray, worship, or abstain according to the dictates of their conscience. Let us pray for all the citizens of our great Nation, particularly those who are sick, mourning, or without hope, and ask God for the sustenance to meet the challenges we face as a Nation.The Proclamation is called for by 36 USC Sec.119. The National Day of Prayer Task Force website lists events around the country marking the day. Meanwhile, as reported by the Christian Post, the American Humanist Association and the Secular Coalition of America are promoting tomorrow as a "National Day of Reason". A spokesperson for the American Humanist Association said: "The National Day of Prayer demeans millions of Americans who believe that reason, not prayer, is the way to solve the country's problems."
UPDATE: For clarification, it should be noted that the National Day of Prayer Task Force is a private, not a governmental, organization. It focuses on mobilizing for Day of Prayer events in the Christian community. It lists events sponsored by groups that confirm a fundamentalist Christian statement of faith.
President Declares May As Jewish American Heritage Month
President Obama yesterday issued a Presidential Proclamation (full text) declaring May 2012 as Jewish American Heritage Month. The Proclamation reads in part:
Their history of unbroken perseverance and their belief in tomorrow's promise offers a lesson not only to Jewish Americans, but to all Americans. From Aaron Copland to Albert Einstein, Gertrude Stein to Justice Louis Brandeis, generations of Jewish Americans have brought to bear some of our country's greatest achievements and forever enriched our national life. As a product of heritage and faith, they have helped open our eyes to injustice, to people in need, and to the simple idea that we might recognize ourselves in the struggles of our fellow men and women.The Library of Congress is hosting a special website dedicated to Jewish American Heritage Month.
Hawaii Is Settling Suit By Activist Who Was Roughed Up After Protesting State Senate's Opening Prayer
Courthouse News Service reported yesterday that the state of Hawaii agreed last week in federal court to settle a lawsuit brought against the president of the state Senate and various security officers by Mitchell Kahle, founder of Hawaii Citizens for Separation of Church and State, and by a cameraman who accompanied Kahle to a Senate session at which Kahle stood up and peacefully protested the prayer that was being offered in opening the session. The complaint (full text) in Kahle v. Hanabusa, (HI Cir. Ct., filed 4/27/2012), subsequently removed to federal court, alleged that Kahle and camera man Kevin Hughes were roughed up by security personnel as they were removed from the Senate galleries after Kahle stood up and protested the invocation. The Hawaii Senate Finance Committee is considering a bill to appropriate $100,000 to implement the settlement in the case.
French Group Sues Google Over Autocomplete Suggestion of "Rupert Murdoch Jewish"
Search Engine Journal yesterday reported on a lawsuit filed in France against Google complaining that its search engine's autocomplete function mislabels celebrities, often connecting them to a persecuted religion. The suit, filed by SOS Racisme, complains that when the name "Rupert Murdoch" is Googled, the autocomplete function suggests "Rupert Murdoch Jewish" as a search term. The initial hearing in the case is scheduled for today. Last year, SOS Racisme threatened to sue Apple over an iPhone app called "Jew of Not Jew?" that purported to identify whether various celebrities were Jewish. The app was removed from the French iPhone app store. (See prior posting.)
Tuesday, May 01, 2012
Court Says Synagogue May Bring Summary Proceeding To Evict Caterer Licensee
Jem Caterers of Woodbury, Ltd. v. Woodbury Jewish Center, (Nassau Co. NY Sup. Ct., April 26, 2012), involves a dispute between a synagogue and a caterer that had entered into a license agreement with the synagogue to conduct catered events at the synagogue. The caterer stopped paying amounts (described as "contributions toward maintenance," of which over $611,000 was owed) that it was to pay the synagogue and brought suit for breach of contract claiming the synagogue had not maintained the facilities as required by the license agreement-- a claim that the synagogue denied. A New York trial court denied declaratory and injunctive relief to both sides, holding that the proper remedy is for the synagogue to bring a summary proceeding under RPAPL Sec. 713 to recover property from a licensee. The synagogue had already begun such a proceeding, having served a a notice of termination and ten-day notice to quit on the caterer. The court denied the caterer a TRO to restrain the synagogue from exercising its right to revoke the license because, according to an affidavit, the caterer had prepared non-kosher food in a kosher kitchen, used the same truck and dishes for both kosher and non-kosher food, and retained tip money that should have gone to the caterer's employees. According to the court, the reputation of the synagogue and its rabbi will be irreparably harmed if the caterer is allowed to continue to use its kitchen.
Hasidic Synagogues In Quebec Reported To Sell Illegally Imported Wine
Tablet yesterday carried a long article on the sale of bootlegged kosher wine by Hasidic synagogues in Canada's province of Quebec. In Montreal, stores owned by the Société des Alcools de Quebec ("SAQ") have a monopoly on the legal sale of wine, but their selection of kosher wine is meager. Anyone wanting to import wine from outside the province must obtain a permit from SAQ. Some in the Hasidic community are ignoring these requirements. As reported by Tablet:
The synagogues ... bring the wine in from Ontario. By doing so, they avoid Quebec taxes and utilize an Ontario law that makes wine used for religious purposes 17 percent cheaper than market price. The illegal wine shops serve a number of purposes; they make money for the synagogues and offer a selection that is far superior to that of the SAQ stores. Boro [a lawyer who has represented a synagogue charged with violating permit requirements] stresses that the bootlegging is not only about profit, but also about the needs of the community; observant Jews in Montreal, Boro said, have repeatedly asked the SAQ to get a better kosher selection. The SAQ constantly says it will but never actually does.
Muslims Urged To Vote In French Presidential Runoff
In France, after a first-round Presidential vote in which Muslims have been vilified, Muslim leaders-- particularly in southeast France-- are pressing Muslims to vote in Sunday's run-off election. AP reports that Socialist Francois Hollande is likely to be the favorite among Muslims since his run-off opponent, conservative President Nicolas Sarkozy, spoke out against Muslim practices in his campaign. In the initial election round, right-wing candidate Marine Le Pen who received 18% of the vote had particularly attacked Muslims, and Sarkozy in the run-off is seeking votes of Le Pen backers. However Dalil Boubakeur, head of the Grand Mosque of Paris, objects. The mosque issued a statement opposing the thrust of the get-out-the-vote campaign, saying: "Mobilize, yes, but not in the name of Islam. In the name of justice, the economy, housing projects, misery, unemployment. But not in the name of Islam."
Some Scottish Religious Groups Want To Be Able To Perform Same-Sex Marriages
In Scotland yesterday, a coalition of faith groups (United Reformed Church, the Quakers, Buddhists and the Pagan Federation) calling themselves Faith in Marriage launched a campaign to end the ban on religious groups performing same-sex marriages. Gay Star News reports that the group released an open letter to members of the Scottish Parliament asking them to change the law. A few days earlier, an anti-gay Christian group calling itself Scotland for Marriage announced that it would deliver leaflets to 300,000 homes in Glasgow warning of the dangers of same-sex marriage.
Monday, April 30, 2012
Most Prisoners Receiving Kosher Food Are Not Jewish
The Forward today has an article exploring the large number of non-Jewish prisoners who are receiving kosher food in confinement. Estimates are that only 4,000 of the 24,000 inmates receiving kosher food in U.S. prisons are Jewish. Some of the other 20,000 are still religiously motivated, such as messianic Jews or Black Hebrew Israelites. But according to the report, others have less sincere reasons:
Kosher food is a hot commodity in prisons for a number of reasons. Some prisoners simply think it tastes better; many others believe it is safer than standard-issue prison fare, according to prison chaplains and advocates. Kosher food also often comes prepackaged, making it easy to trade or sell among inmates.In California, kosher food costs the prison $8 per day, as opposed to $3 per day for other meals.
Muslim Women Object To "Honor Killings" Conference Held By Anti-Muslim Activists
The Detroit Free Press reported that Muslim women in the Detroit area object to a conference held yesterday in Dearborn (MI) by anti-Muslim activists. The conference was organized by Pamela Geller. Called the "Jessica Mokdad Human Rights Conference on Honor Killings", the conference is named after a 20-year old Muslim woman who was killed by her stepfather last year. Prosecutors, who have charged the stepfather with first degree murder, say the killing was an attempt by the stepfather to prevent Mokdad from going public with the fact that her stepfather had been sexually abusing her. They say it had no cultural or religious element to it. Several Arab-American groups organized a counter-conference nearby in Detroit yesterday, calling the counter-event "Rejecting Islamophobia: A Community Stand Against Hate."
White House Issues Agency Guidance For Faith-Based Partnerships
Last Friday, the White House issued the Recommendations of the Interagency Working Group on Faith-Based and Other Neighborhood Partnerships (full text) which provides federal agencies with guidance on carrying out Executive Order 13559 (Nov. 17, 2010)-- the executive order that adopted a number of recommendations of the President's faith-based task force. (See prior posting.) According to a posting on the White House website by Melissa Rogers, chair of the President's first faith-based Advisory Council, the new report gives agencies guidance on monitoring to avoid excessive government entanglement with religion; assuring that grants are made on the basis of merit and not because of religious affiliation; assuring that beneficiaries of federally funded social services have the option of a nonreligious provider; separating explicitly religious activities from programs that receive federal support, and transparency requirements. The guidance also covers special obligations of intermediaries that disburse federal aid; and training government employees and grant recipients on church-state rules. Blog From the Capital reports further on the new recommendations.
ACLU Questions Restrictive Covenants In Deed From Church To Town
According to Sunday's Boston Globe, the Wellesley (MA) Board of Selectmen has signed an agreement to purchase a Catholic Church site for the town in a contract that has drawn the attention of the Massachusetts ACLU. The town plans to use the land for a recreation center if the purchase is approved by a Town Meeting. At issue, though, are religiously motivated restrictions that will be included in the deed that will prevent the town, for 90 years, from using the property as an embryonic stem cell research facility; as a facility where abortions, assisted suicide, or euthanasia would occur; as a professional counseling facility where abortion, assisted suicide, or euthanasia are advocated. Restrictions will also prevent the land from being used for a house of religious worship or for a school other than a public elementary, middle or high school. The archdiocese says these are all standard restrictions it includes in all property sales. An ACLU attorney says, however, that it is concerned that the arrangement allows a religious entity to control what the public can do in the future with property based on religious concerns.
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