Court Orders Release of Diocese Records To Insurance Companies

Yesterday's Boston Herald reported that Berkshire Superior Court Associate Justice John A. Agostini has ordered the Roman Catholic Diocese of Springfield, Massachusetts to release nearly 7,500 pages of documents to insurance companies that the Diocese is suing in order to get them to cover claims of 57 people who allege they were sexually abused by priests. The court rejected the Diocese's claim that the records are protected by the First Amendment or by the priest-penitent of psychotherapist-patient privilege. However the court agreed that some of the records are protected by the lawyer-client privilege. Insurers want to determine how the Diocese handled allegations of sexual abuse by priests when they received complaints. (See prior related posting.)

Rabbis Tell Congress To Raise Minimum Wage

The Religious Action Center of Reform Judaism reports that 450 rabbis and rabbinical students sent a letter to every member of Congress yesterday in support of an increase in the minimum wage to $7.25 per hour. Rabbi Jill Jacobs, Director of Education at Jewish Funds For Social Justice, is an authority on wage issues in Jewish law. Supporting the letter, she said: "Jewish labor law rests on the assumption that a full time worker shall earn enough to support his/her family."

New Jersey AG Says Clergy Need Not Perform Civil Unions

New Jersey Attorney General Stuart Rabner yesterday issued written advice to the State Registrar of Vital Statistics concluding that, when a New Jersey law authorizing civil unions takes effect on February 19, members of the clergy are not required to perform civil union ceremonies if doing so would conflict with "sincerely held religious beliefs". However public officials who are available to solemnize marriages would be violating the state's anti-discrimination laws if they refuse to also solemnize civil unions. (Press release; full text of letter.) The Associated Press reported on the AG's letter.

FDA's Approval Of Cloned Animals Poses No Issue For Kashrut Certification

While some conservative religionists have objected to the Food and Drug Administration's recent approval of the safety of milk and meat from cloned animals (see prior posting), apparently cloned animals pose no problems for Orthodox Jewish determinations of whether meat is kosher. Wednesday's Washington Jewish Times reports that Maryland Rabbi Yitzchok Breitowitz said: "I do not see a kashrus issue here. Judaism as a whole does allow us to use creative ways of reproduction." Avrom Pollak, head of the Star-K agency that certifies food as kosher, said: "If it looks like a cow, if it chews its cud like a cow, if it has split hooves like a cow, then it's a cow; and how it got to be a cow does not affect its kosher status."

Church's Proposed Deal With High School Debated

Los Angeles' Daily Breeze yesterday reported on an unusual proposal for use of El Segundo, California High School premises on Sundays by El Segundo Foursquare Church. Last November, a bond measure to repair the school's auditorium failed to pass. So now it is proposed that Foursquare Church will pay for $180,000 worth of renovations, in addition to paying a monthly rental, in exchange for using the school all day each Sunday. Loyola Law School Professor Kurt Lash said: ""If this is a unique deal that has not been offered to anybody else and is unlikely to be offered to anybody else, we might have a problem here as a public facility showing preference and getting uniquely involved with a religious group."

6th Circuit Holds Hospital Did Not Waive Reliance On Ministerial Exception To ADA

Yesterday, in Hollins v. Methodist Healthcare Inc., (6th Cir., Jan. 10, 2007), the U.S. 6th Circuit Court of Appeals held that the ministerial exception to claims under the Americans With Disabilities Act requires dismissal of a discrimination claim brought by resident in the clinical pastoral educational program of a religiously affiliated hospital. The court refused to accept plaintiff's argument that the hospital had waived its right to rely on the ministerial exception by agreeing it would not discriminate on the basis of disability when it sought and obtained accreditation from the Association of Clinical Pastoral Education. [Thanks to Blog from the Capital for the lead.]

Israeli Activist Claims House Arrest Monitoring Violates His Religious Freedom

In Israel, Avraham Zarbiv, an Haredi (ultra-Orthodox Jewish) activist, was removed from house arrest and placed in jail because he refused to wear an ankle bracelet to monitor his movements on the Sabbath. Yesterday's Jerusalem Post reports that there is a disagreement among Orthodox rabbis over whether wearing the bracelet is consistent with Sabbath restrictions. Haredi activists view the court's order against Zarbiv as an attack on religious freedom.

Rehearing and En Banc Review Sought In Boy Scouts Case

As previously reported, on December 18, 2006, in order to avoid deciding a federal constitutional question, the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in Barnes-Wallace v. Boy Scouts of America. The lawsuit challenges the constitutionality of the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The 9th Circuit asked the California court to consider whether the leases, under state law, unconstitutionally provide support for a creed. However, on December 26, the 9th Circuit issued another order requesting the California Supreme Court to delay considering the certified questions because a 9th Circuit judge had filed a notice that might lead to en banc review. In a press release issued last week, the Boy Scouts revealed that they had filed a petition for rehearing and for en banc review with the 9th Circuit. The petition to the 9th Circuit (full text) argues that the panel majority's decision on standing was in conflict with controlling US Supreme Court decisions, and that it ignored the procedural posture of the case and failed to include the facts necessary for an informed resolution of the certified questions. [Thanks to How Appealing for the lead.]

House of Lords Refuses To Reject Sexual Orientation Anti-Discrimination Rules

Despite demonstrations and pressure from Christians, on Tuesday the House of Lords defeated a motion to reject Northern Ireland's Sexual Orientation Regulations. Gay.com reported yesterday that the Lords voted 199 - 68 to reject a motion by Lord Morrow who had argued that "the regulations threaten to override the conscience and free speech of Christians". (See prior related posting.)

Bus Company Sued By Employees For Religious Discrimination

Yesterday's Minneapolis Star Tribune reported that nine current and former employees of MV Transportation Inc. have filed a religious discrimination suit under both state and federal law in federal district court in Minneapolis. Among the allegations are that an MV manager read Bible passages to the employees, seven of whom are Muslim, confiscated their prayer rugs and forced them to listen to loud Christian music. The suit also alleges various acts of national origin discrimination. The Equal Employment Opportunity Commission investigated the employees' complaints and issued "right to sue" notices to them.

Egyptian Official Opposes Wearing of Niqab

Middle East Online yesterday reported that an aide to Egypt's Minister of Religious Endowments expelled a religious counselor attending a training session for religious advisors and prayer leaders because she refused to remove her niqab (full face veil). Minister Hamdi Zaqzuq, who opened the training session, later said: "I totally reject the niqab (face veil). No religious counselor needs to wear it since it is not required by Islamic law."

No Tax Exemption For Combined Synagogue- Living Quarters

In Sephardic Congregation of S. Monsey v Town of Ramapo, (Sup Ct Rockland Co. NY, Jan. 8, 2007), a New York state trial court has held that property owned by s Sephardic Jewish congregation and used both as its synagogue and as a residence for its rabbi is not tax exempt. Because the property is not used primarily for religious services, it is not exempt under RPTL 420-a. Because the rabbi has full-time outside employment as a special education teacher at a school, Yeshiva of North Jersey, he is only a part-time clergyman for the synagogue and, as such, the residence is not exempt as a parsonage under RPTL 462. Today's Lower Hudson Journal News covers the decision.

Litigation Looms Over Property of Breakaway Anglican Churches In Virginia

After nine Virginia Episcopal congregations voted last month to break away from the Episcopal Church of the United States and affiliate instead with the Anglican Church of Nigeria (see prior posting), they signed an agreement with the Episcopal Diocese of Virginia in which both sides pledged not to bring litigation over church property. The 30-day standstill agreement would automatically renew unless either side opted out. Today's Washington Post reports that the Diocese of Virginia, saying that the churches are not interested in working on a compromise, has now elected not to renew the agreement. It is planning-- after the initial agreement's expiration next Wednesday-- to take steps to claim the property of all nine churches while it is considering each church's situation on a case by case basis. Some of the nine churches are refusing to permit congregants who opposed the break off to hold their own separate services on church premises.

Italian Bishop Criticizes Proposed Law On Religious Equality

Giuseppe Betori, the secretary of the Italian Bishops' Conference, spoke out today in opposition to a draft law being considered by the Italian Parliament that would grant equal rights to all religious faiths in predominately Catholic Italy. Even though Catholicism is no longer the official state religion in Italy, it still enjoys some preferences. AKI says Betori told Parliament's Commission on Constitutional Affairs: "In the current constitutional context, the equal freedom of each confession does not imply full equality. The state should be careful not to sign too many agreements."

VA's Spirituality Assessment of Patients Does Not Violate Establishment Clause

On Monday, according to the Associated Press, a Wisconsin federal district court rejected an Establishment Clause challenge to the Veterans Administration practice of giving most patients spiritual assessments that include questions about their religious observance as part of a holistic treatment program. The VA says it believes that spirituality should be integrated into health care, but it allows patients to decide whether that involves religion. The court concluded that the VA program serves a valid secular purpose. The opinion said: "The choice to receive spiritual or pastoral care, the choice to complete a spiritual assessment, and the choice to participate in a religious or spiritually based treatment program always remain the private choice of the veteran. Accordingly, there is no evidence of governmental indoctrination of religion." (See prior related posting.)

The case was brought by the Freedom From Religion Foundation. The Madison (WI) Capital Times quotes FFRF spokesperson Annie Laurie Gaylor who criticized the judge's decision: "He just didn't get it. Part of his decision stated that VA chaplains are there to bring healing through God's grace and he said it without putting it in quotes. Does his courtroom operate that way, too?"

UPDATE: The full opinion in Freedom From Religion Foundation , Inc. v. Nicholson,(WD WI, Jan. 8, 2007) is now available online. Also BBS reported on Thursday that FFRF will appeal the district court's ruling.

Controversial Navy Chaplain's Discharge Upheld

After having previously refusing to grant a temporary restraining order (see prior posting), last week, according to yesterday's Navy Times, a federal district court in the District of Columbia refused to grant an injunction to Navy Chaplain Gordon J. Klingenschmitt to keep him in the Navy beyond his January 31 discharge date. The controversial Chaplain who has been challenging the Navy's policy on sectarian prayers by chaplains resigned from the Evangelical Episcopal Church and obtained a new endorsement as a chaplain from the Full Gospel Church. The Navy treated this as a new application and rejected it. Klingenschmitt claims that the Navy has permitted as many as 42 other chaplains to change endorsers without losing their positions.

UPDATE: On January 24, the Air Force Times reported that Klingenschmitt asked the Court of Appeals for the D.C. Circuit to reconsider the district court's denial of an injunction to prevent his discharge.

Arizona Supreme Court Rejects Original Jurisdiction In School Voucher Challenge

Without comment yesterday, the Arizona Supreme Court refused to hear a challenge to two new state tuition grant programs offering school vouchers to foster parents and parents of disabled children. The ACLU and People for the American Way brought the challenge directly in the state Supreme Court claiming that the programs violate state constitutional prohibitions against public funding for private and religious schools. Reporting on the decision, the Associated Press said that plaintiffs can now refile the case in a trial court. Praising the court's decision, the Institute for Justice said that judicial precedent indicates that the voucher programs are constitutional. In a press release it said: "School choice opponents should stop their legal battle against programs that simply empower parents choose the educational environment that best suits their children."

North Carolina Pastor Seeking Support For Christian Prayer At City Council

In Thomasville, North Carolina, Rev. Donnie Lunsford was concerned that only 50 people turned out for a City Council meeting last month at which City Councilman Dwight Cornelison proposed including Christian prayers at Council meetings. So Lunsford is planning a Feb. 3 breakfast billed as a "Christian involvement conference" to increase support for Cornelison's proposal, according to yesterday's Lexington (NC) Dispatch. Cornelison is attempting to create a policy that will both allow Christian prayer and pass Constitutional scrutiny. He says that options are offering invocations before meetings are officially called to order; having council members pray only for themselves instead of on behalf of the entire city; or to inviting clergy on a rotating basis from various faiths. Councilman Cornelison supporting Rev. Lunsford's "involvement conference" said: "We're going to dispel the rumors that Christians can't be involved.... God ordained government, church and the family. It's a Christian duty and obligation to participate in civil government."

Maryland Non-Public Schools Seek Additional State Aid

The Maryland Catholic Conference and the Maryland Nonpublic Schools Legislative Coalition hosted a series of conferences around the state on Monday to build support for proposals to increase Maryland funding for non-public schools. Southern Maryland Online today reports that the groups' legislative goals for 2007 are (1) to increase funding for the Nonpublic School Textbook and Technology Program; (2) to include nonpublic school teachers in benefits already available to public school teachers, such as teacher scholarships and the Quality Teacher Incentive Tax Credit; and (3) to enact a Maryland tax credit for businesses who contribute to both public and nonpublic schools.

Michigan School Board Rejects Bible As Literature Class

After lengthy testimony on both sides of the issue at a Board of Education meeting, the Howell, Michigan Board of Education decided against offering a class on the Bible as literature in its school system. Today's Livingston (MI) Press & Argus reports that the motion to approve the curriculum made by board member Wendy Day died for want of a second. A committee of the social study teachers had decided not to recommend the new course because a world religion course already covers the same areas.