Paper Profiles Faith-Based Prison Programs

USA Today this week end looks in-depth at faith-based prison facilities. While concluding that it is unclear whether the programs reduce recidivism, the article reports positively on the impact they have on individual prisoners who, for the first time, feel they are being treated with respect:

[E]vidence is strong that violence and trouble-making drop sharply in these programs, and they often are the only vibrant rehabilitation option at a time when taxpayer-funded alternatives have been cut back.

Elizabeth Alexander, director of the American Civil Liberties Union's National Prison Project, has qualms about whether the faith-based programs are fair to non-Christian inmates but hesitates to criticize them because they fill a void. Two decades of tough-on-crime policies have sharply reduced the number of rehabilitative prison programs, she said, and volunteer-driven religious initiatives offer states a low-cost way to meet some of the demand.

A federal district court decision in Iowa finding state support for InnerChange's faith-based prison program unconstitutional is now on appeal. (See prior posting.)

Boston Area Chabad Congregation Gets Controversial Zoning Approval

Today's Boston Globe reports that the Board of Aldermen in Newton Highlands (MA) have given in to a Chabad Orthodox Jewish congregation and voted to permit them to build a new synagogue building on property the congregation owns, even though the facility will have 60 fewer parking spaces than zoning rules require. Beth Menachem Chabad argued that since their members generally walk to services on Saturday, the added parking spaces are not needed. Opponents say that inevitably the building will be used for other events that require parking. The battle over municipal approval of the building has included charges by Beth Menachem members that officials who opposed the building plans were anti-Semitic.

Abuses In Federal Employee Religious Comp Time Reported

Federal law (5 USC Sec. 5550a) provides that a federal employee “whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements.” An investigative article in yesterday’s Washington Post documents numerous abuses of these religious comp time provisions. Some federal employees have used the comp time for vacations instead of religious observances, while others have received large amounts when they retired to pay them for accrued religious comp time. The Post reports that the Bush administration has publicized the availability of religious comp time in various ways, and has told federal workers that they can be paid for unused religious comp time when they leave federal employment. [Thanks to Steven Jamar via Religionlaw for the lead.]

President, New York City, Mark Eid al-Fitr

Eid al-Fitr, the holiday marking the end of Ramadan, began this weekend for Muslims around the world. (Voice of America.) On Thursday, the White House released a message from the President sending greetings to Muslims in the United States and around the world who are celebrating the festival. (Full text.) President Bush said in part: “Our Nation is proud to be a land of many beliefs, and our society is enriched by our Muslim citizens.” For the first time, New York’s Empire State building will be lit up in green—the symbol of a happy occasion in Islam—to mark the holiday. This will be done annually, just as the building is also lit for the celebrations of Christmas and Hanukkah. (Voice of America).

Litigation On Ousting Virginia Pastor Continues

Today’s Hampton Roads (VA) Daily Press reports that a state court in Gloucester, Virginia has refused to dismiss a lawsuit filed by seven members of Zion Hill Baptist Church who want to fire the church’s pastor. Plaintiffs have requested the court to oversee a members’ meeting at which the congregation will vote on whether or not to dismiss Rev. Leon Abbott. The court rejected Abbott’s argument that plaintiffs are not members and therefore are not eligible to file the lawsuit. Meanwhile, though, the court refused to enjoin the church from implementing amendments to its constitution adopted last month that require church disputes to go to mediation. Plaintiffs had argued that the amendments were orchestrated by Abbott to consolidate his control. This is the second time this dispute is in court. Last April the court invalidated the results of a meeting that had voted to oust Abbott on the ground that members did not conduct the meeting in accordance with the church’s constitution.

Christian Groups In UK Oppose Homophobic Incitement Ban

Last Monday, according to the London Times, Jack Straw, Great Britain’s Justice Secretary, announced the government’s plans to introduce as part of a pending Criminal Justice and Immigration bill a provision that will outlaw inciting hatred against an individual on the basis of the person’s sexual orientation. CNSNews reported later in the week on the growing opposition by Christian groups to the proposed ban on incitement of homophobic hatred. A spokesman for Britain’s Evangelical Alliance warned that unless definitions are drawn very carefully, the new law could infringe free speech rights of those who are opposed to homosexual conduct. The Christian Institute warned: “Reasonable statements of Christian belief are often characterized as ‘hatred’ by people who strongly disagree with them.”

Illinois Legislature Overrides Veto of Required Moment of Silence

The Illinois legislature has overridden Gov. Rod Blagojevich's veto of SB 1463, the Silent Reflection and Student Prayer Act, according to yesterday's St. Louis Post Dispatch. (See prior related posting.) The bill requires public school teachers to begin each school day with a "moment of silence"for prayer or reflection. The governor's veto message said that the previous optional moment of silence struck "the right balance between the principles echoed in our constitution, and our deeply held desire to practice our faith." The vote to override in the Senate last week was 42-9; the vote yesterday in the House was 74-37.

Capitol Architect Will Now Allow Religious References On Flag Certificates

Members of Congress offer their constituents the opportunity to purchase an American flag that has actually been flown over the Capitol building for a few minutes. The flag is accompanied by a certificate of authenticity that includes a dedication authored by the constituent. Since the 1970's, the Office of the Architect of the Capitol-- the office that flies the flags and makes up the certificates-- has taken the position that the certificate should not contain religious or political expressions. This limitation became the center of controversy last month when a constituent complained to Ohio Rep. Michael Turner that his requested inscription was edited because it made reference to his grandfather's love of God, country and family.

Rep. Turner quickly issued a critical statement equating the policy with attempts "to take God from the Pledge of Allegiance". Fox News reported yesterday that Acting Capitol Architect Stephen T. Ayers has now changed the policy and will no longer censor the contents of notes on the certificate accompanying flags. A release issued yesterday by Ayers' office said that the "rules have been inconsistently applied" and that it is beyond the scope of the Capitol Architect's responsibilities to censor messages from members of Congress. It continued: "The Architect’s role is to certify that flags are appropriately flown over the U.S. Capitol, and any messages on the flag certificates are personal and between a Member of Congress and his or her constituents." [Thanks to Alliance Alert for the lead.]

Former College Instructor Settles Religious Discrimination Claim

In Florida, Broward County Community College has agreed to pay James H. Johnson, a former adjunct instructor, $250,000 to settle a religious discrimination lawsuit that he filed against the school. Today's Miami Herald reports on the settlement. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. A jury agreed with Johnson, but awarded him no damages. (See prior posting.) Johnson had planned to appeal the denial of damages.

Case Must Decide If Minor Can Choose Religion Against Wishes of His Parent

An article published yesterday by the Forward discusses an interesting custody case that poses the question of the extent to which courts will allow teenagers to make their own religious decisions instead of deferring to the wishes of the custodial parent. Robert Solko and his former wife Julie Ann Bergmann were both Orthodox Jews and raised their their four children in that tradition in Kansas City, Kansas. The couple divorced in 1994 at which time Bergmann moved with the children to the ultra-Orthodox Flatbush neighborhood in Brooklyn.

Ten years later, custody of the two children who were still minors was transferred to Solko who had by then moved away from Orthodox Judaism. His three older children are now emancipated and estranged from him. However he still has legal custody of 13-year old Ephraim who wishes to continue to practice Orthodox Judaism. Solko however forbids his son from practicing traditions such as keeping kosher and wearing a yarmulke. This has led Ephraim to attempt to run away from home. His mother is attempting to obtain a change in custody so that Ephraim can attend school in Brooklyn and merely spend the summers with his father.

In the case, a group of child advocates has filed an amicus brief arguing that the boy should be able to make his own religious decisions, free from the views of either his parents or the court. Interestingly, the Orthodox Jewish group Agudath Israel, which has in the past supported parental rights, has now joined this brief. [Thanks to Jack Shattuck for the lead.]

State Highway Signs Pointing To Creation Museum Questioned

In Kentucky, as in other states, a tourist attraction that draws enough visitors can-- for a price-- have highway signs put up by the state indicating the highway exits that leads to the attraction. Cincinnati Post columnist Kevin Eigelbach yesterday questioned the propriety of Kentucky's erecting four of these signs directing visitors to Boone County, Kentucky's Creation Museum. Rules require that a committee of transportation and commerce officials consider applications for signs. They are available only for cultural, historical, recreational, agricultural, educational or entertainment sites. Barry Lynn, executive director of Americans United for Separation of Church and State, said it is a "close call" whether the state's support of the museum violates the Constitution's Establishment Clause. At any rate he thought it was bad policy, saying: "It just seems foolish for a state to promote a kind of monument to ignorance anyway, and this certainly does that."

Spain's Catholic Church May Lose Funds Because of Bill Condemning Franco Era

Spain's ruling Socialist Party finds itself in an odd conflict with the Roman Catholic Church as the country's legislature moves to make amends for atrocities committed two generations ago. The Associated Press reported yesterday that a pending bill that will condemn the 40-year rule of dictator Francisco Franco also calls for the removal of all publicly-displayed symbols that honor the Franco regime. Government aid and subsidies will be denied any organization that fails to follow this mandate. Some Catholic churches in Spain display plaques with names of pro-Franco fighters who died in the 1936-39 Spanish Civil War, paying tribute to them as men who have "fallen for God and for Spain". Under the new legislation, if Churches do not remove these plaques, they will lose government aid. Spain's government pays the salaries of religion teachers in state subsidized schools, and also permits Spaniards to earmark a small portion of their income tax for the Church.

Innovative Settlement Reached In Pharmacists' Challenge To IL Rules

An innovative settlement has been reached in a suit by pharmacists challenging Illinois' rules requiring all pharmacies to fill prescriptions for Plan B emergency contraceptives. (See prior posting.) Under the agreement filed in federal district court last week, the state would change its rules so that pharmacies could have the prescription approved by phone or fax by an off-site pharmacist. The drug would then be delivered to the customer by the pharmacy owner or another employee instead of by the on-site pharmacist who has moral or religious objections to dispensing it. Yesterday's Chicago Tribune says that the settlement gives the state until March 3 to amend its rules. [Thanks to Blog from the Capital for the lead.]

3rd Circuit: Federal Employee Cannot Use RFRA For Employment Discrimination

In Francis v. Mineta, (3rd Cir., Oct. 10, 2007), the U.S. 3rd Circuit Court of Appeals held that Title VII of the 1964 Civil Rights Act is the exclusive route that a federal employee may use to assert a claim of religious discrimination in employment. The court held that a Transportation Security Administration screener fired for wearing dreadlocks in violation of the TSA's grooming policy cannot use the Religious Freedom Restoration Act as a way of avoiding Title VII's requirement that administrative remedies be exhausted before a lawsuit is filed.

Detroit Student Gets TRO Permitting Him To Attend Class With Long Hair

In Wayne County, Michigan, a state court has issued a temporary restraining order requiring Detroit's Old Redford Academy, a college-preparatory charter high school, to temporarily readmit 14-year old Claudius Benson II who refuses to cut his hair as required by the school's dress code. Today's Detroit Free Press reports that the high schooler has not had his hair cut for ten years because of his mother's Old Testament religious beliefs. Circuit Judge Kathleen Macdonald held that the school should permit Benson to attend classes while the court is considering his challenge to the school's dress code.

The lawsuit, filed by the Michigan Civil Liberties Union, argues that under the state Constitution and Michigan's civil rights law the school is required to grant Benson a religious exemption from the school's grooming rules. (Full text of complaint.) Fox News gives additional background on the case. Originally the complaint also contained federal law claims, but after the school removed the case to federal court, the ACLU withdrew the lawsuit and refiled it in state court with only state law allegations. (Oct. 5 Detroit Free Press.)

New Hampshire Court Refuses To Order Co-Use of Presbyterian Church By Factions

Last Friday, a Rockingham County, New Hampshire, Superior Court Judge refused to issue an injunction ordering co-use of Londonderry's Presbyterian Church by two feuding groups. Today's Manchester Union-Leader reports that last month, 200 members of the church voted to disaffiliate from the Presbyterian Church USA and join the more conservative New Wineskins association of Presbyterian churches. Following the court's decision, the New Wineskins changed all the locks on the church, preventing the "continuing congregation," the group that wants to stay affiliated with the national Presbyterian Church, from using the building for services. So last Sunday long-time pastor Dr. John Mokkosian held service under a tree on the front lawn.

Two To Be Sentenced For Obtaining False Religious Licenses For Cuba Travel

In Miami, Florida later this week and next two men will be sentenced after being convicted in a scheme in which they fraudulently obtained religious travel licenses for travel to Cuba. Today's Miami Herald reports that Victor Vazquez and David Margolis created phony churches to apply for the licenses. They then sold the right to travel under these permits to some 6,500 people. One of the few ways for Americans to legally travel to Cuba is under this type of religious travel permit that is issued by the U.S. Treasury Department's Office of Foreign Assets Control . 31 CFR Sec. 515.566 sets out the rules for obtaining licenses for religious activities in Cuba.

President To Attend Presentation of Congressional Medal To Dalai Lama

Next Wednesday, members of Congress will hold a Capitol Hill ceremony at which House Speaker Nancy Pelosi will award the Dalai Lama the Congressional Gold Medal that was authorized last year. AFP reports that President George Bush and First Lady Laura Bush will attend the ceremony, even though this will anger the government of China that considers the award an interference in China's internal affairs. It views the Dalia Lama as a political exile who wants independence for Tibet. This will be the first time that a sitting U.S. President has appeared at a public event with the 72-year old Buddhist spiritual leader.

Federal Faith-Based Grants Announced

The Department of Health and Human Services has awarded $57.8 million in grants to 387 faith-based and community organizations (list of grantees), according to a report published Monday by the Roundtable on Religion and Social Welfare Policy. The grants were awarded from the Compassion Capital Fund, an important part of President Bush's Faith Based and Community Initiative. This year's awards included 37 grants to Demonstration Program intermediary organizations; 131 organizations received grants under the Communities Empowering Youth program; the remaining grants were under the Targeted Capacity Building Program and went for programs that focus on homeless persons, rural communities, at-risk youth and strengthening marriages. [Thanks to Blog from the Capital for the lead.]

Tunisian Court Strikes Down Ban on Wearing Muslim Veil

An Administrative Court judge in Tunisia has held that Circular No. 102, issued in 1986, that prohibits Muslim women from wearing the veil, is unconstitutional. Magharebia yesterday reported that the ruling issued last week calls on the Ministry of Education to reinstate teacher Saiida Adali who had been suspended for wearing a veil to work. The court also called for the Ministry to pay Adali damages. The ban on the veil was originally adopted twenty years ago to prevent the spread of radical Islam in the wake of the Iranian Revolution. The Administrative Court, however, ruled that the ban "interferes in personal freedoms, since such dress expresses distinctively cultural, religious and intellectual belonging and reflects personal inclination."