Thursday, November 10, 2005

Senate Votes To Allow Prayer At Military Academies

The U.S. Senate voted Wednesday to allow voluntary, non-denominational prayers at official events at the U.S. Air Force Academy and other service academies. Scripps-Howard reports that the vote, which added an amendment to the Defense Authorization Bill, was 99-0. The amendment would reverse recent Interim Guidelines adopted by the Air Force in the wake of charges of religious coercion at the Air Force Academy.

Voters Eliminate Cross From Redlands City Seal

In Redlands, California on Tuesday, voters defeated Measure Q, refusing to reverse city council's 2004 decision to remove the Christian cross from the city's official seal. The Redlands Daily Facts yesterday reported that nearly 60% of those voting opposed the measure. (See prior related posting.)

US House Recognizes 40th Anniversary of Nostra Aetate

On Monday, the U.S. House of Representatives passed, by a vote of 349- 0, H. Con. Resolution 260, recognizing the 40th anniversary of the Second Vatican Council's Declaration on the Relation of the Church to Non-Christian Religions. The Declaration, known as Nostra Aetate, began an era of improved relationships between the Catholic Church and the Jewish community around the world. The Concurrent Resolution encourages the President to exert the leadership of the United States to work toward ensuring that anti-Semitism and all forms of religious hatred and racial bigotry are not tolerated worldwide.

UPDATE: On November 10, the U.S. Senate also approved H. Con. Resolution 260.

Survey On Church-State Issues To Be Released

New York's Jewish Week reports that the Anti-Defamation League will release a survey next week showing that that 64% of Americans believe that religion is under attack in the U.S., with 57% saying that Christianity in particular is under attack. In answer to another question, 56% said they believe creationism should be taught with evolution in schools. The figure rises to 65% for those who attend church weekly and 70% for Evangelicals. It was 54 percent among those who attend church less than once a week. In a response to a third question, 64% of Americans said they believe religious symbols such as the Ten Commandments should be displayed in public buildings. Among weekly churchgoers, that figure jumps to 80%; among Evangelicals, it is 89%. It is 51% among those who attend church less than weekly.

UPDATE: The full poll was released on Nov. 21.

New Virginia Governor Impacted By Religious Experiences

On Tuesday, Democrat Tim Kaine won the race for governor of Virginia. The Associated Press on Tuesday reported that religious faith has been central to Kaine's life. As a child, he served as an altar boy. In his early 20's, Kaine served as a Christian missionary in Honduras. His experience with that nation's poverty had a lasting impact on him.

Wednesday, November 09, 2005

Dover School Board Voted Out; Foes of Intelligent Design Elected

As a trial judge is considering the constitutionality of Dover, Pennsylvania's policy on teaching about intelligent design, voters may have mooted the issue. The Washington Post reports today that the 8 Republican Dover school board members who were up for re-election yesterday were defeated by Democrats who oppose the teaching of intelligent design in science classes. A ninth school board member was not up for election. A spokesman for the winning slate said that they would not act to change the policy until the court hands down its ruling. [Thanks for the information to James Maule via Religionlaw].

Russian National Anthem Challenged For Reference to God

Interfax News Agency reported yesterday that the chairman of the Atheistic Society of Moscow, Alexander Nikonov, has gone to the Constitutional Court to challenge the reference to "God" in the Russian Federation's national anthem. He claims that the anthem violates Russia's Basic Law. Lev Levinson, an expert from the Institute of Human Rights, said Russian law ensures the secular character of the state.

Kansas Board of Education Revises Science Standards

Reuters reported yesterday that the Kansas State Board of Education, by a vote of 6-4, approved a new set of science standards that that include several challenges to the theory of evolution. The standards say that there is a lack of evidence or natural explanation for the genetic code, that fossil records are inconsistent with evolutionary theory, and that certain evolutionary explanations "are not based on direct observations... and often reflect... inferences from indirect or circumstantial evidence." State Board of Education's chairman, Steve Abrams, who has said that evolutionary theory is incompatible with the Bible's version of creation, praised the decision. Jack Krebs, vice president of Kansas Citizens for Science, said, "This is a significant attack on science. They really are advancing a sectarian religious view. They're treading on constitutional grounds." (See prior related posting.)

Wisconsin University Bans Dorm RA From Leading Bible Study

The University of Wisconsin at Eu Claire finds itself in the middle of a controversy over its policy restricting dormitory Resident Assistants from hosting religious or political events in residence halls, according to a report last week from the Milwaukee Journal Sentinel. In a letter, Deborah Newman, the university's associate director of housing and residence life told R.A. Lance Steiger that he could not continue leading a Bible study group in the basement of his dormitory, though he could do so outside the dorm. An e-mail from her earlier this fall to Steiger said: "As a state employee, you and I have a responsibility to make sure we are providing an environment that does not put undue pressure on any member of our halls in terms of religion, political parties, etc. As a 'leader' of a Bible study, one of the roles is to gather and encourage people to attend. These two roles have a strong possibility to conflict in your hall."

The Foundation for Individual Rights in Education (FIRE) has written the university objecting to its policy, calling the ban unlawful and an "immoral restriction of religious liberty." "Unless they're on the clock 168 hours a week, which they're not, they have dual capacity as do all state employees," said David French, president of the foundation. "They have private lives. . . . We're not talking about Bible studies as part of an official R.A. function. We're talking about on their own time a function that is completely optional." (FIRE Press Release.) [Thanks to Brad M. Pardee via Religionlaw for the information.]

International Religious Freedom Report Released

Yesterday, the U.S. State Department released its seventh annual International Religious Freedom Report to Congress as required by the International Religious Freedom Act of 1998. It redesignates Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Vietnam as "Countries of Particular Concern" (CPC) for severe violations of religious freedom. The same countries were listed as CPCs in the 2004 report. The report found improvements in religious freedom in Turkmenistan and Georgia, but ongoing serious abuses remain in Uzbekistan, Azerbaijan and Belarus. The Associated Press reported on other findings in the report. The report cites Saudi Arabia for denying religious freedom to non-Muslims. It also found some problems with other allies including Israel, Belgium, France, Germany and Pakistan. In Israel, the report said, some non-Jews, primarily Arab Muslims and Christians, are discriminated against in education, housing and employment. (See earlier related posting.)

Tuesday, November 08, 2005

FLDS Trust To Be Revised

The Salt Lake Tribune reports today that Utah Judge Denise Lindberg announced that the trust that holds the property of the Fundamentalist Church of Jesus Christ of Latter Day Saints will be administered by a neutral board of trustees, removing any control from the church priesthood. The priesthood will continue to control the religious side of the church. Also witnesses testified that most of this year's FLDS property tax bill of $1.2 million has not been paid, even though the church is apparently receiving "great sums of money." as donations. The money is allegedly is being used to build a new FLDS community in Texas.

Bruce Wisan, a special fiduciary appointed in May to protect UEP assets, said the church in the past has collected money from its members to pay taxes. This year, the faithful have been told "to do nothing" to help cover the bill, he said. FLDS, a sect that encourages polygamous marriage, has been the subject of numerous enforcement initiatives recently. (See prior posting.)

Protestants Sentenced By China Court For Illegal Printing of Bibles

A Chinese court today sentenced a Protestant minister, Cai Zhuohua, to prison for 3 years on charges of "illegal business practices" for printing Bibles and other Christian publications, according to a report from Reuters. His wife was sentenced to a 2 year term, and her brother received an 18 month sentence. Fines were also imposed. A fourth defendant, charged with "secretly storing illegal goods", was not sentenced after she cooperated with the prosecution. In China, printing of Bibles and other religious publications needs approval from the State Bureau of Religious Affairs. 200,000 Bibles had been found in Cai's warehouse. (See prior posting.)

Challenge To No-Beard Rule In Florida Prisons Moves Forward

In Muhammad v. Crosby, the Florida Court of Appeal decided on Nov. 7 that a Muslim inmate's claim under Florida's Religious Freedom Restoration Act could move forward. The inmate , Akeem Muhammad, challenged prison rules requiring him to be clean shaven, arguing that this substantially burdens his exercise of religion. The court reversed the trial court's holding that the case should have been brought as a declaratory judgment action rather than as a claim for mandamus. The appellate court also reversed the trial court's placing of a lien on Muhammad's prison account to pay for his filing fees.

UPDATE: On Jan. 10, 2006, the court released for publication a revised opinion reaching the same result, Muhammad v. Crosby.

Indian Court Strikes Down Set-Aside for Muslims

In India the High Court for the state of Andhra Pradesh High Court struck down an Ordinance providing for a 5% reservations for Muslims in government jobs and educational institutions. The BBC yesterday reported that the five-member court held that the act violates the constitution, which does not allow reservations on the basis of religion. The court criticized the reasoning of the Andhra Pradesh Backward Class Commission that had recommended the set-aside, saying the commission had not gathered sufficient data or evolved a proper mechanism for subjecting Muslims to a test of social backwardness. An appeal to the Supreme Court of India is expected.

Monday, November 07, 2005

California Church Warned By IRS Because of 2004 Anti-War Sermon

Today's Los Angeles Times reports that All Saints Episcopal Church in Pasadena could lose its tax-exempt status because of an anti-war sermon given two days before the 2004 Presidential election. The Internal Revenue Service sent a warning letter on June 9 to the church, one of Southern California's largest and most liberal. The church's former rector, the Rev. George F. Regas, had imagined Jesus participating in a political debate with then-candidates George W. Bush and John Kerry. Regas said that "good people of profound faith" could vote for either man, and did not tell parishioners whom to support. But he criticized the war in Iraq, saying that Jesus would have told Bush, "Mr. President, your doctrine of preemptive war is a failed doctrine. Forcibly changing the regime of an enemy that posed no imminent threat has led to disaster."

Marcus Owens, the church's tax attorney, said "I doubt it's politically motivated. I think it is more a case of senior management at IRS not paying attention to what the rules are." Six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to front-line agents, Marcus said.

The IRS has offered to settle with All Saints and not move to the exam stage if the church admits to improper election activity. However the church refused the offer.

UPDATE: The Los Angeles Times has published an interesting background article on the IRS and political activities by religious organizations.

ADL Leader Criticizes Conservative Christian Groups

At a meeting in New York of the Anti-Defamation League's national commission over the weekend, ADL Director Abraham Foxman charged that institutionalized Christianity in the U.S. has grown so extremist that it poses a tangible danger to the principle of separation of church and state and threatens to undermine the religious tolerance that the Jewish group promotes. Ha'aretz on Sunday reported that Foxman in his speech said: "Today we face a better financed, more sophisticated, coordinated, unified, energized and organized coalition of groups in opposition to our policy positions on church-state separation than ever before. Their goal is to implement their Christian worldview. To Christianize America. To save us!" He particularly singled out Focus On Family, Alliance Defense Fund, the American Family Association, and the Family Research Council as groups that concern him.

Churches Urge Yes Vote On California Prop. 73

In California yesterday, churches became the focus of those supporting Proposition 73, a proposed state constitutional amendment that would require doctors to notify parents 48 hours before perfuming an abortion on anyone under 18. Today's Los Angeles Times reported on the organized efforts in congregations, particularly in Protestant mega-churches, to encourage their members to vote for the amendment on Tuesday. The California Catholic Conference distributed homilies for priests to read at the state's 1,100 parishes and provided bulletin inserts and other materials on its website. Among the techniques used by supporters was a DVD shown on large screens in mega-churches. At other churches, organizers et up information tables.

Sunday, November 06, 2005

Two Newly Published Law Review Symposia

From SmartCILP:

Brigham Young Law Review, Vol 2005, Issue 3 is an International Law and Religion Symposium titled Religion in the Public Sphere. The full text of all the articles is available online.

The American Journal of Comparative Law, Vol. 54, No. 4 (Fall 2004) has just published a symposium on Law, Religion and Secularism. Articles include:
Lama Abu-Odeh, The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia;
Christina Jones-Pauly & Neamat Nojumi, Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan;
Abdulmumini Adebayo Oba, The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction;
Seval Yildirim, Expanding Secularism's Scope: An Indian Case Study.

In Israel, Efforts To Restore the Sanhedrin

In Israel, for over a year a group of rabbis has been attempting to re-establish the Sanhedrin, the traditional court of 71 rabbis that existed in ancient Israel. Arutz Sheva reported on Friday that at a conference last week, the project organizers presented the project to the public, seeking broader involvement it. Rabbi Adin Even-Israel Steinsaltz publicly accepted the position of Nassi, President of the Sanhedrin. Members of the Court delivered reports outlining how the nascent Sanhedrin is already working toward fulfilling the leadership role that the Sanhedrin would fulfill. Among the projects currently being worked on is the Beit Din Bein HaAm v'HaMedina, the Court Dealing With the Relationship Between the Nation and the State. This Court recently was allowed by an Israeli secular judge to decide whether an arrested Gaza disengagement protester should agree to restricted conditions in exchange for release from prison.

Viet Nam Claims Progress In Assuring Religious Freedom

Nhan Dan, the official newspaper of the Communist Party of Viet Nam, yesterday published an extensive and optimistic assessment of the progress the country has made in assuring free exercise of religion one year after the implementation of the Belief and Religion Ordinance.