Minister Blesses Senate Hearing Rooms Before Roberts Hearings

Today's Washington Post reported that Evangelical minister Rob Schenck has secretly blessed every piece of furniture in the three Senate hearing rooms where the Judiciary Committee will hold hearings on the nomination of Judge John Roberts. The blessing took place before President Bush announced today that he would now nominate Roberts to replace the late William Rehnquist as Chief Justice. Rev. Schenck, who heads the National Clergy Council, described his actions in the hearing rooms as "an act of prayer, in preparation for this whole process."

KY County Changes Mind On 10 Commandments Monument

Last month in a posting I reported that Crittenden County, Kentucky officials endorsed plans of a Baptist minister to erect a Ten Commandments monument on the county court house grounds. Now the county magistrates have reversed their decision, according to a report in today's Courrier & Press. The change of heart follows advice by the County Attorney that the plans were clearly contrary to the U.S. Supreme Court's rulings and that it would cost thousands of dollars to try to defend a lawsuit. Then the Kentucky ACLU made inquiries. Judge-Executive Fred Brown said, "It's easy to say we should fight the ACLU, but if the fiscal court spends big money defending a lawsuit, I think it would pretty much be malfeasance if we indebted the county on something we've been advised not to do." He advised supporters instead to purchase a vacant lot available downtown and use it for a Ten Commandments monument. Rev. Frank McCallam, a former president of the county's ministerial association, suggested that there were better uses for the moneys the churches were raising. He said the funds should be used to provide food and clothing for the needy in the community, saying "I don't believe the ACLU would stop us from giving away food and clothing."

Indonesia President To Remedy Church Closings

A posting last month reported on the forced closing down of Christian churches in Indonesia. Now something may be done. People's Daily reports that Indonesian president Susilo Bambang Yudhoyono has ordered the minister of religious affairs and local administrators to find a solution to the closures. The president was quoted as saying: "The state guarantees the freedom of its citizens to practice their religion and also guarantees that they can conduct religious rituals." He has ordered the National police Chief to enforce the law against those responsible or the closures.

Rehnquist Dies; Legacy Includes Religion Clause Decisions

We mourn the death of Chief Justice William H. Rehnquist. The Chief Justice was eugolized today in a statement by President Bush: "He was extremely well respected for his powerful intellect. He was respected for his deep commitment to the rule of law and his profound devotion to duty. He provided superb leadership for the federal court system, improving the delivery of justice for the American people, and earning the admiration of his colleagues throughout the judiciary."

Chief Justice Rehnquist's impact on the interpretation of the First Amendment religion clauses will likely be seen as one of his most important legacies. In the Fall 2004 issue of Northwestern University Law Review, Prof. Kent Greenawalt reviewed this legacy in an article titled Religion and the Rehnquist Court [LEXIS link]. He begins his analysis by saying: "The Rehnquist Court has turned the constitutional law of religion nearly upside down." Whether one agrees or disagrees with the direction of the changes, most observers would agree with this assessment of the changes that have occurred.

India Supreme Court Refuses Loudspeakers For Religious Festivals

In India, the Supreme Court has turned down a request by the government of the state of Maharashtra to relax a ban on the use of loudspeakers between 10 p.m. and 6 a.m. on 15 different religious festivals during the year. WebIndia123 reported on Friday that the state filed the petition because of the difficulty it foresaw in enforcing the ban this week during the festival of Ganesh Chaturthi.

France Considers State Funding of Mosque Construction and Clergy Training

In France, a debate has begun on whether Islamic extremism is encouraged by the nation's strict separation of church and state. A Washington Times article today reports that a book published last year by French Interior Minister Nicolas Sarkozy argues for reform that would allow the French government to help pay for mosque construction. This is designed to limit the influence of Morocco and Saudi Arabia on French Muslims. Sarkozy wrote, "What is dangerous is not minarets, but basements and garages that hide clandestine places of worship. Thus we must choose between mosques, where we know that the rules of the republic are respected, and secret places where extremism has been developing for too long."

Many politicians oppose a change in the basic law separating church and state as the centennial of the enactment that law approaches in December. Instead, they support another effort that is underway-- the creation of a private foundation that would raise funds, primarily from other countries, to construct mosques. Under this proposal, the source of the funds will be traceable and the handling will be transparent. The new foundation has been approved by the Council of State, France's highest administrative court. The foundation will also become involved with training imams, to help them master the French language and integrate themselves into French culture. However, some in the Islamic community oppose this initiative, fearing that it will lead to partial governmental control of mosques and Islamic organizations.

CLS Settles With Arizona State

The Christian Legal Society has settled its lawsuit against Arizona State University, according to a report in yesterday's East Valley Tribune. The suit, filed last November, challenged the University's attempt to require the student group to comply with the school's nondiscrimination policy. That policy prevented the group from limiting full membership to those who agree with CLS's Statement of Faith. In particular, the school objected to the exclusion of non-Christians as members, and the exclusion of gays and lesbians. The settlement apparently permits the group to limit their membership on the basis of religion, but does not permit them to discriminate on the basis of sexual preference. This is one of a series of similar suits filed against universities around the country. (See prior posting.)

Israel's High Court To Reconsider Gaza Synagogue Issue

As I reported in an earlier posting, on August 23 a three-judge panel of Israel's High Court of Justice ruled that the government could tear down most of the synagogues in Gaza after the area was evacuated. Two were to be relocated in Israel; the rest were to be desanctified and destroyed. However the decision led to an outcry from a number of quarters. Not only, as reported in my previous posting, did Israel's Chief Rabbinical Council oppose the ruling, but so did the Law Committee of Israel's Knesset (Parliament). This led the High Court of Justice to have second thoughts. Last week, according to the Jerusalem Post, it issued a temporary injunction delaying the razing of the synagogues until an extended panel of the High Court considered the case.

Today's Jerusalem Post carries a long story on the issue as the larger panel of judges in the High Court prepares for a hearing today. The government claims that leaving the synagogues intact will lead to their desecration by Palestinians and will send an incorrect message that Israel plans a future return to Gaza. The Chief Rabbinical Council says it would be better to have the synagogues destroyed by Palestinians than by IDF soldiers acting on government orders. Others opposing the government's position argue that as a legal matter, the destruction violates various United Nations resolutions, and as a practical matter will hinder efforts to prevent destruction of synagogues in other countries.

UPDATE: Haaretz reports on Sunday that the Palestinian Authority rejected an Israeli request, made through an American mediator, that the PA take responsibility for protection of synagogues in evacuated Gaza settlements.

License Requirement For Photo Without Veil Upheld

Yesterday, a Florida state Court of Appeals rejected the claim of a Muslim woman that that the Florida Department of Motor Vehicles had violated the state’s Religious Freedom Restoration Act when it required that she be photographed without her veil in order to keep her Florida driver's license. In Freeman v. Dept. of Hwy. Safety & Motor Vehicles, the court held that the photo requirement did not place a substantial burden on Freeman’s religious exercise since the Department was willing to accommodate her beliefs by having her photographed by a female photographer with no one else present in the room.

Soledad Cross Conveyance Nixed By Court

This week we had another milestone in the long-running saga of the Mt. Soledad Cross. (See prior postings 1, 2.) In San Diego, California yesterday, a Superior Court judge issued an order prohibiting the city from transferring the Mt. Soledad Cross property to the federal government, despite voters’ overwhelming approval of the transfer in a July election. The San Diego Union-Tribune reported that Judge Patricia Yim Cowett held that the transfer would violate California Constitution. The judge’s findings were labeled "Tentative rulings… for the assistance of counsel and the parties in preparing to address the Court in their matter."

This is another in a long series of court decisions on the matter. Here, in a 34-page opinion (full text), the court found that the attempt to justify the cross as a war memorial was largely a pretext. The transfer instead was seen as an attempt to save a religious symbol. The transfer would constitute a preference to Christianity in violation of Art. I, Sec. 4 of the California Constitution, and an aid to religion in violation of Art. XVI, Sec. 5.

Procedural Dismissal of Prisoner's Religious Claim Overturned

In Gormley v. Nix, decided by the U.S. Eleventh Circuit Court of Appeals on August 31, the court found that the district court had abused its discretion in dismissing on procedural grounds a federal prisoner’s claim involving the First Amendment and the Religious Freedom Restoration Act. The prisoner’s challenge involves events that took place while he was on bond following his criminal convictions. James Gormley’s probation officer refused to allow Gormley, a Roman Catholic, to attend Christmas Eve and Christmas Day mass with his family.

The district court dismissed Gormley’s claim for failure to comply with the court's order that he fill out and return USM-285 forms within 20 days. This is the form used to effectuate service of process on the defendant. However, the Court of Appeals found that much of the delay was a result of Gormley being held in lock-down in prison, and was not the result of delay or willful contempt.

Denial of Enlistee's CO Claim Upheld

In Alhassan v. Hagee, decided by the U.S. Tenth Circuit Court of Appeals on Sept. 1, the denial of conscientious objector status to a marine was upheld. The Court found that the Marine Corps had a basis in fact for finding that the marine beliefs were not sincerely and deeply held. He had applied for conscientious objector status only after learning of his imminent departure to Iraq and he never expressed any anti-war religious sentiment before this time. The court suggested that a higher standard applies where the person claiming conscientious objector status voluntarily enlisted in the military. [Thanks to Derek Gaubatz via Religionlaw listserv for the lead.]

Order and Opinion of Pakistan Supreme Court In Hasba Bill Case

As reported in a prior posting, on August 4, the Supreme Court of Pakistan issued an order finding that portions of the Hasba law enacted by the North West Frontier Province unconstitutional. The law created the office of the muhtasib, a religious ombudsman whose function was to assure that people strictly follow Islamic rules. Now there is available on line the text of the Court's Order, and a summary of its lengthy opinion that was just released on August 31.

South African Lawyer May Press Religion Claim At UN Body

In South Africa, Gareth Prince, a Rastafarian lawyer, has been attempting to vindicate his right to use cannabis as a practice that is central to his religious beliefs. Because he had two convictions for possessing cannabis, the Cape Law Society refused to admit him as an attorney unless he would promise never to smoke cannabis again. The South African courts have affirmed this decision. The Mail & Guardian reports today that Prince's lawyers are now considering taking his case to the United Nations Human Rights Commission to claim that the refusal to accommodate Prince's religious practices violates the International Covenant on Civil and Political Rights. However there are problems with his case since the denial of bar admission to him took place before South Africa signed onto the international agreement.

Indonesia Court Sentences Christian Women To 3 Years In Prison

In a widely-followed case from Indonesia, Christian Today reports that three women who had been convicted of violating the Child Protection Act of 2002, which forbids "deception, lies or enticement" causing a child to convert to another religion, have been sentenced to 3 years in prison. Muslim children, with their parents' consent, were attending an education program sponsored by a Christian church. Charges were filed by the Indonesian Council of Muslim Clerics when it was reported that some of the children started to sing Christian praises at school and at home. During the trial, threats were made by Islamic extremists inside and outside the courtroom. One reportedly brought a coffin to bury the defendants if they were found innocent. The defendants plan an appeal.

Prison Officials Had Qualified Immunity

In Rachimim v. Oritz, decided by the US Tenth Circuit Court of Appeals on Aug. 31, the court found that prison officials were entitled to qualified immunity in a claim for monetary damages growing out of their refusal in certain past years to provide Jewish prisoners with a kosher diet. It also agreed with the district court that an injunction was not needed because prison officials were now providing kosher food to prisoners.

Congressman Criticizes Air Force Religion Guidelines

As I reported in a previous posting, recently the Air Force issued Guidelines discouraging public prayer at most official functions. The Forward today reports that U.S. Representative Walter B. Jones, the North Carolina member of the Armed Services Committee, has strongly criticized the Guidelines as an assault on "the Judeo-Christian values of America" and argued that the Air Force was "yielding to outside political pressure". In July, Jones introduced a bill (HR 3430) that would protect voluntary non-denominational prayer at military academies.

LA Governor Calls For Day of Prayer

On Tuesday, in the wake of Hurricane Katrina and the chaos in New Orleans, Louisiana Governor Kathleen Blanco declared Wednesday, August 31 a "Day of Prayer in the State of Louisiana". She said, "I know, by praying together on Wednesday, that we can pull together and draw strength we need; strength, that only God can give us." The propriety of this kind of declaration has been the subject of a rather heated debate on Religionlaw listserv. (Follow the thread for "Floodwaters and Undermined Walls".)

NLRB Rejects RFRA Claim of Religious College

On August 26, the National Labor Relations Board issued its decision in Carroll College, Inc. and International Union, UAW , involving a religious college's challenge under the Religious Freedom Restoration Act to forcing it to engage in collective bargaining with its faculty. (See prior posting). Carroll College argued that requiring it to bargain collectively would interfere with its right to decide autonomously whether faculty members are satisfactorily conforming to the Protestant theological tradition and the tenets of the "reformed" Presbyterian Church. The Board held, however, that this contention was not supported by the evidence. Hypothetical possibilities are not enough to satisfy RFRA's requirement that there be a substantial burden on free exercise of religion before its provisions apply. In so holding, the Board made it clear that they would follow the 2002 decision of the D.C. Circuit Court of Appeals in NLRB v. University of Great Falls, that RFRA could apply even though a religiously affiliated school was not completely exempt from the NLRA. [Thanks to Steven Sholk for the lead on this decision.]

Does Establishment Clause Affect Liability Insurance?

Perhaps an over-reaction to Establishment Clause concerns is reflected in an incident reported yesterday by the Insurance Journal from Preston, Idaho. It seems that the Franklin County Senior Citizen Center provided a 15-passenger van twice a week for any seniors who wanted to go to Logan, Utah. They would visit the Logan Temple of the Church of Jesus Christ of Latter Day Saints, go to Wal-Mart, get ice cream and lunch, and return home. But then someone questioned whether there was a church-state problem in using the van this way. So the center's manager stopped the bus rides until she could make sure that the county's insurance policy covered the trips even if the seniors were going to the Mormon Temple. It seems that now they have received assurance that as long as the trip is not exclusively to the Temple, there is no problem. But the center is still waiting for a report at the next formal board meeting before they resume the trips.