Alternative To 10 Commandments Monument Proposed In Fargo, ND

In Fargo, North Dakota, the Red River Freethinkers plans to ask City Commission later this month for permission to place its own monument near City Hall. Several Freethinkers members lost a suit in 2005 that challenged the constitutionality of a Ten Commandments monument in the same area. They now want their alternative monument to give the message that individuals have the right to worship as they please. It will specifically refer to a 1796 peace treaty between the United States and Tripoli, that says the government of the United States "is not in any sense founded on the Christian religion." The Fargo Forum today reports that city commissioners differ among themselves on the proposal.

Approval Of Class Settlement By Diocese Must Await Further Investigation

In St. George, South Carolina, a state circuit judge on Friday refused to approve a proposed settlement of a class action that had been brought against the Catholic Diocese of Charleston by victims of priest sexual abuse. Instead, Judge Diane Goodstein ordered an investigation of whether the Diocese archives contain evidence of additional cases of abuse. Reporting on developments, the Charleston (SC) Post and Courier today says that the Diocese will cooperate fully in the investigation. Diocese lawyer Peter Shahid Jr. says the ordered investigation is likely merely a formality.

Free Exercise Defense Rejected In False Charitable Exemption Prosecution

In United States v. Mubayyid, 2007 U.S. Dist. LEXIS 16556 (D MA, March 8, 2007), a Massachusetts federal district court refused to dismiss an indictment of two men charged with fraudulently obtaining a charitable exemption under § 501(c)(3) of the Internal Revenue Code for Care International, Inc. Prosecutors allege that defendants concealed the fact that Care financed and promoted Islamic holy war (jihad) and holy warriors (mujahideen). Rejecting defendants' free exercise of religion claims, the court said that it saw "no reason why providing a complete and truthful description of the organization's planned activities in order to obtain tax-exempt status--whether or not those activities are religiously motivated--inhibits or substantially burdens the exercise of religious freedom."

Kazakh Women Can Now Wear Hijab for ID Photos

Radio Free Europe reports that in Kazakhstan, Muslim women last month won a victory permitting them to accommodate their religious beliefs. The country's Justice Ministry announced that it will no longer enforce a regulation that barred women from wearing any head covering -- including the traditional Islamic hijab (head scarf) -- when their official photos are taken for identification cards or passports.

Ontario MP Seeks Non-Denominational Chapel In Parliament Building

A column published in Thursday's Orangeville (Ontario) Citizen says that Cheri DiNovo, a New Democrat member of Ontario's Parliament who is also a United Church minister, plans to introduce a resolution to require the legislature of the Canadian province to set aside a room in its main building for staff and visitors of all faiths to use for prayer or meditation. Columnist Eric Dowd says: "The legislature still starts each day's proceedings with The Lord's Prayer and a second prayer asking 'God, our Heavenly Father' to guide MPPs, but there is increasing recognition that these are essentially Christian in a province that's growing less Christian. Few MPPs arrive in time for them, anyway."

Russian Student Sentenced For Sending Anti-Semitic Text Messages

In Russia last Monday, a Moscow court sentenced a 22-year old law student to 150 hours of public service for sending anti-Semitic text messages that were broadcast by a local television station last May as part of a broadcast celebrating Victory Day. UCSJ reported on Friday that Moscow's Regional Prosecutor has labelled the messages "an affront to the national dignity of representatives of the Jewish ethnicity and non-Russians as a whole."

Executive Order Gives Vatican's UN Personnel Diplomatic Immunity

Acting under the Department of State Authorities Act of 2006 that was passed by Congress last December (see prior posting), President Bush last Wednesday issued an Executive Order to "extend to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and members of such missions, subject to corresponding conditions and obligations." Reporting on the Executive Order, Catholic News Service explained that special legislation was needed since the Holy See is not a member of the United Nations, but instead has quasi-diplomatic permanent observer status.

En Banc Rehearing Denied By 9th Circuit In Library Meeting Room Case

Yesterday, by a vote of all the non-recused active judges on the circuit bench, the U.S. 9th Circuit Court of Appeals denied an en banc rehearing in Faith Center Church Evangelistic Ministries v. Glover, (9th Cir., March 9, 2007). Last September in the case, a 3-judge panel, by a vote of 2-1, decided that a Contra Costa County public library could make its meeting room available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". Yesterday, seven judges dissented from the denial of the rehearing in an opinion written by Judge Bybee. They argued that "the majority has effectively relegated religious worship to an inferior status vis-à-vis community and cultural speech that claims a secular component." They contended that by distinguishing religious worship from other kinds of religious discussions, the library's rule favors those religious groups that make moral teaching an integral part of their worship services, while denying use of the meeting room to liturgical denominations whose services can be characterized as "mere worship". Yesterday's Contra Costa Times reported on the decision.

School Will Now Allow Religious Ads In Yearbook

The Contra Costa (CA) Times reported yesterday that California's Liberty Union High School District has changed its policy and will not screen out religious references in paid ads in Liberty High School's yearbook. The change resulted from complaints by the Pacific Justice Institute on behalf of parents Jeff and Julie Renner whose ad congratulating their son on his upcoming graduation was changed by editors. The sentence "May God bless your life" was going to be run as "May He bless your life". After charges that this violated free speech rights, the school has decided to pay the publisher $8,000 to restore all edited ads to their original forms. The yearbook staff had removed any mention of God, Jesus Christ, holy or other religious words or passages. The staff also edits out any references in ads to violence, gangs, drugs and alcohol. Yearbook advisor, Lloyd Cornwell, however says that "the yearbook is not your soapbox to preach what you believe. It's a student decision." He says that next year, advertisers will be given a choice of six ads with messages in them, and at least one will have a spiritual tone.

Maine Proposes Accommodation of Native American Religious Practices In Prisons

Maine's Human Rights Act currently outlaws discrimination in employment, housing, public accommodation, credit and education opportunity. On Wednesday, the legislature's Joint Standing Committee on the Judiciary heard testimony on LD 507, a proposed amendment that would penalize failure to provide "reasonable accommodation of Native American religious practices or ceremonies" in state prisons and county jails. Yesterday's Bangor Daily News reports that Denise Lord, associate commissioner for the Department of Corrections, said that DOC supports the goals of the bill. She suggested, however, that it be placed in the statutes that govern DOC instead of in the Human Rights Law. She also suggested that the provision be broadened to apply to all religions. No one testified against the bill.

UPDATE: Sunday's Portland (ME) Press Herald reports on the continuing controversy at the Maine State Prison in Warren over whether the state has done enough to accommodate the religious practices of 18 Native American inmates.

Catholic Group Gets Mixed Result In Suit Against University of Wisconsin

Yesterday, a Wisconsin federal district judge ruled that the UW-Madison Roman Catholic Foundation was not entitled to recognition as a student organization by the University of Wisconsin because University rules require recognized groups to be directed and controlled by students. Only 3 of the Foundation 's 12 board members are students. This means that the group cannot get $250,000 in student fees that were to be used for prayer gatherings, events and classes in theology. According to a report published yesterday in The Chippewa, group spokesman Tim Kruse said the Foundation would consider adding more students to its board and continue seeking university recognition.

However, the Foundation did win a substantial victory in the lawsuit. Judge John Shabaz, in a ruling from the bench, ordered the University to stop applying its non-discrimination rules to religious groups. He ruled that the right to free association outweighs the state interest in non-discrimination, and that forcing a Catholic group to admit non-Catholics undermines the group's mission. (See prior related postings 1, 2, 3, 4.)

Appeal Argued In Case Of British Teacher Fired For Wearing Niqab

The London Employment Appeal Tribunal heard arguments Wednesday in an appeal by a British teacher who was fired last year for refusing to remove her full-face veil (niqab) while teaching children at Headfield Church of England Junior School in Dewsbury, West Yorkshire. (See prior posting.) This Is London reported yesterday on the hearing in the widely-followed case of 24-year old Muslim teaching assistant, Aishah Azmi. Her counsel argued that dismissing her was similar to barring a Christian from wearing a cross or attending Mass. School officials say students found it difficult to understand Azmi because they could not see her lips move.

California Board Wants Picture Of Sikh Leader Eliminated From Textbook

The California State Board of Education on Thursday voted to ask Oxford University Press to remove from a 7th grade history textbook a controversial picture of a Sikh religious leader. The book pictures Guru Nanak, the founder of Sikhism, wearing a crown and a close-cropped beard, while Sikh doctrine requires observant men to wear a turban and not shave. The picture was taken from a 19th century painting that Sikhs say make Nanak look like a Muslim. Reporting on the decision, yesterday's San Diego Tribune says that the Board also asked the publisher to cover the picture in books already printed, using a sticker with an explanation or an alternative picture. Sikh leaders would like future versions of the book to use an alternative picture of Nanak, rather than eliminating the picture, but they and the publisher cannot agree on an appropriate version.

Church Sues Arizona Town Over Signage Code

A small Presbyterian church yesterday filed suit in federal court against the town of Gilbert, Arizona challenging the town's sign ordinance as discriminatory. A release by the Alliance Defense Fund says that "according to the code, religious assembly signs are required to be smaller in size, fewer in number, and displayed for much less time than similar non-religious signs. Also, according to the ordinance, ideological signs and political signs--neither of which the code defines--are allowed to be posted without a permit, whereas a permit is required to post religious assembly signs."

The complaint (full text) alleges that the church interprets the Bible as requiring it to reach out to the community to advertise its services. The suit claims that the town, by limiting the number of hours during which signs advertising church's services can be displayed, violates the speech, religion, equal protection and due process clauses of the federal constitution and the Arizona Religious Freedom Amendment.

Muslim Student Sues Over Holding High School Graduation In Church

Last week, the ACLU of New Jersey filed suit against the Newark Public Schools on behalf of a Muslim student whose religious beliefs precluded him from attending his own graduation because it was held in a church building that the school had rented for the graduation ceremony. (Full text of complaint.) Graduate Bilal Shareef's religious beliefs prevented him from entering a building that displayed religious symbols pertaining to God. The Associated Press reported on the case yesterday, quoting ACLU's state legal director, Ed Barocas who said: "Schools should not sponsor activities that exclude some students from participation on the basis of religious belief."

The suit not only seeks to prevent West Side High School from holding future graduations in churches, it also seeks to prevent the school from sponsoring or promoting religious baccalaureate ceremonies. Plaintiff's challenges are based on Article I, paragraphs 3, 4, and 5, of the New Jersey Constitution and on New Jersey's civil rights and anti-discrimination laws.

Connecticut Supreme Court Hears Arguments In Buddhist Temple Case

On Tuesday, the Connecticut Supreme Court heard arguments in a case brought by the Cambodian Buddhist Society of Connecticut challenging Newtown's denial of a special permit so that the Society could build a temple on 10 acres of land it owns. The case was brought under RLUIPA and Connecticut's Religious Freedom Act. Yesterday's Hartford Courant reports that in the Superior Court decision being appealed, Judge Deborah Kochiss Frankel ruled that a number of reasons given by the Newtown Planning and Zoning Commission for the denial were unsubstantiated, but upheld the denial based on the PZC's concern that the Society had not yet obtained well and septic tank permits. (See prior related posting.)

3rd Circuit Rejects Free Exercise Collateral Challenge To Child Support Conviction

The U.S. 3rd Circuit Court of Appeals on Tuesday rejected the attempt of a defendant in a criminal case to collaterally challenge on Free Exercise clause grounds his conviction for willful failure to pay child support. In United States v. Kufkaka, (3d Cir., March 6, 2007), a divorced husband claimed that his indictment should be dismissed because the divorce decree containing his support obligation also included a requirement that he pay for a "get"-- a Jewish religious divorce decree. The court held that a federal prosecution under the Deadbeat Parents Act is not the appropriate arena in which to litigate the terms of the underlying divorce. The decision also upheld the constitutionality of the federal Deadbeat Parents Punishment Act under the commerce clause.

Leading Evangelical Finds Giuliani's Marital History A Problem

On Tuesday, Richard Land, head of public policy for the Southern Baptist Convention, told the Associated Press that while evangelicals might tolerate a divorced presidential candidate, Rudy Giuliani's marital history poses serious problems for them. Giuliani is currently married for a third time. Land said that Giuliani showed a lack of character during his divorce from his second wife, TV personality Donna Hanover. On the other hand, while another Republican presidential candidate, John McCain, has been married twice, Land said that war hero McCain has acknowledged his part in the failure of his first marriage.

Missouri Legislature Considering Faith-Based Liaison and Intellectual Diversity Bills

Today's St. Louis Jewish Light reports on two bills in the Missouri Legislature that raise church-state concerns. One, already approved by the state Senate, is the Faith-Based Organization Liaison Act (SB 46/ HB 888). It calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law.

The second bill (HB 213), approved by a House committee last month, is designed to promote "intellectual diversity" on state university campuses. It would require each state university to issue an annual report on how it promotes intellectual diversity and the free exchange of ideas. The report would need to include measures taken "to ensure that conflicts between personal beliefs and classroom assignments that may contradict such beliefs can be resolved in a manner that achieves educational objectives without requiring a student to act against his or her conscience."

9th Circuit Upholds City's Removal Of Anti-Gay Group's Flyer

Last Monday, the U.S. 9th Circuit Court of Appeals in Good News Employee Association v. Hicks, (9th Cir., March 5, 2007), in a short opinion upheld a district court's dismissal of a suit by two city employees who had formed a religious club to promote "natural family, marriage and family values" to counter a Gay and Lesbian Employees Association. Plaintiffs had complained that the city of Oakland, California had removed a flyer about the group that plaintiffs had posted at work. The court found that the city had legitimate administrative interests in taking down the flyer, and that those interests here outweighed employees' interest in freedom of speech. The Associated Press and the Oakland Tribune have reported on the case. [Thanks to How Appealing for the lead.]