Court Adjudicates Competing Claims For Control Of Baptist Church

In Premiere Eglise Baptiste Haitienne de Manhattan (First Haitian Baptist Church of Manhattan) v. Joseph, (NY App. Div., Dec. 18, 2008), a New York state appellate court rejected a claim by George Joseph that he had authority over a congregation's temporal affairs by reason of a power of attorney given to him by his father, a former pastor of the church. Under a stipulation growing out of prior litigation, Joseph's father (now deceased) was made merely a "counseling pastor" with only advisory powers. Thus he lacked the authority to transfer church control to his son. The court also upheld the trial court's injunction prohibiting Joseph, whose membership in the church had been terminated, from disturbing worship services. The court held that as a Baptist church, the congregation has control over spiritual matters, including termination of membership for violation of church discipline. [Thanks to J.J. Landa for the lead.]

Amish Landowner Loses In Prosecution for Refusing To Install Septic System

In State of Ohio v. Bontrager, (OH Munic. Ct., June 24, 2008), decided several months ago by the Trumbull County, Ohio Municipal Court, but just made available online, an Amish man lost his battle with county Board of Health officials. Adam Bontrager refused to install a required septic system on his property because it would require the use of electricity which was prohibited by his religious beliefs. In defending criminal charges brought against him, Bontrager argued that the free exercise provisions of Ohio's Constitution (Art. I, Sec. 7) protected him. The court held that while Ohio applies strict scrutiny even to neutral laws of general application, here the state had a compelling interest in prohibiting the discharge of untreated sewage. Bontrager was convicted and fined $50.

City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer

After months of negotiations (see prior posting), under pressure from the Illinois Counties Risk Management Trust (ICRMT), its insurer, Carlinville, Illinois City Council has finally approved an agreement settling a lawsuit brought against it by the Carlinville Southern Baptist Church. The Southern Baptist group wants to use a former Wal-Mart building, zoned for commercial use, as a church, and sued under RLUIPA as well as the 1st and 14th Amendments when it was refused permission to do so. According to Friday's Alton (IL) Telegraph, last Monday, City Council implemented the settlement by adopting an ordinance granting a special use permit to the church. The church will receive a check from ICRMT for $125,000. Interestingly, the city itself will receive from ICRMT a check for $50,000 to compensate it for its loss of economic development opportunities. The $50,000 might be used to explore forming a tax increment financing district in Carlinville.

Idaho University Sued Over Denial of Funding To Student Religious Groups

In Idaho, six students have filed suit in federal district court against Boise State University challenging University rules that preclude student religious organizations from receiving funding from student activity fees. The University contends that the exclusion is required by the provision in Idaho's Constitution (Art. IX, Sec. 5) barring state monies from going to religious institutions. Plaintiffs, represented by the Center for Law and Religious Freedom, say that the University policy amounts to viewpoint discrimination in violation of the free expression provisions of the U.S. Constitution. The complaint in Cordova v. Laliberte, (D ID, Dec. 17, 2008), and plaintiff's brief in support of motion for preliminary injunction are available online. Yesterday's Deseret News reported on the lawsuit.

HHS Adopts Final "Conscience Rules" To Protect Health Care Providers

The Department of Health and Human Services published in today's Federal Register the final version of its "conscience rules" that protect health care providers who have moral or religious objections to performing or furnishing particular services. (HHS News Release.) The Federal Register release titled Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law provides that the new rules take effect January 20, 2009-- just before the change in administrations.

The new rules protect institutional health care providers as well as individual employees of HHS grant recipients. Certain health care providers must certify their compliance with the new regulations. The rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. Slightly different constraints apply to different categories of funding recipients. One provision prohibits entities that receive HHS research grants from discriminating in employment against employees who refuse to take part in the research on the ground that it "would be contrary to his religious beliefs or moral convictions, or because of the religious beliefs or moral convictions concerning such activities themselves." The rules also encourage providers to disclose clearly to their patients what services they do and do not provide.

Reporting on the new rules, today's Washington Post says that "officials at hospitals and clinics predicted the regulation will cause widespread disruptions...." The paper speculates that clashes over the new rules could become more intense if embryonic stem cell therapies expand. the rules were published for comment last August. (See prior posting.)

Texas Town Uses Christianity In School Football Program

The Sherman, Texas Herald Democrat reported Wednesday on the continued use of Christianity in the football program of the Celina, Texas public schools. At the end of a recent game, players from Celina and opponent Liberty Hill joined hands to recite the Lord's Prayer. Celina coach Butch Ford said: "Our goal (against Liberty Hill) was to play with the joy of the Lord in our heart so we'd play excited all of the time, and we wouldn't be down no matter what happened...." In 1999, Celina's prior coach defied a court order to lead a pre-game prayer. One of the Celina team's players said: "In our community we stress God and Jesus very, very much.... I've never lived anywhere else in my life, but people who move in say there's no other place like Celina."

Arizona Bar Considering Expanding Oath To Assure Proper Representation of Gays

Yesterday's Yuma Sun reports that the State Bar of Arizona is considering expanding the non-discrimination oath that lawyers now take to include sexual orientation. Currently each lawyer admitted to the bar is required to sign an oath that he or she "will not permit considerations of gender, race, age, nationality, disability or social standing to influence my duty of care." While bar president Ed Novak says the new oath would merely require an attorney who takes on a case to represent the client without regard to the attorney's personal views on homosexuality, 31 attorneys have written a letter to the Bar objecting. They say the oath is so broad that it might require attorneys to accept cases that violate their moral beliefs. Novak, however, says that lawyers should not take on cases if they feel they cannot properly represent the client's interests.

Illinois Supreme Court Says Challenge To Pharmacy Rules May Move Ahead

In Morr-Fitz, Inc. v. Blagojevich, (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court in a 5-2 decision, overturned lower courts and held that plaintiffs had stated a justiciable challenge to a State Board of Pharmacy rule that requires pharmacies to dispense the "morning after pill" even if pharmacists or pharmacy owners have a conscientious objection to doing so. While the lawsuit was pending, the state amended its rule to permit objecting pharmacists to avoid dispensing the drug if a pharmacist at a remote locations authorizes a non-pharmacy employee to sell the drug to a customer. The Court summarized its holding as follows:

Plaintiffs are two licensed pharmacists and three corporations that own and operate pharmacies.... [T]he pharmacists brought this preenforcement challenge ... [claiming] that this rule is null and void on its face as in violation of the first amendment and statutory law....

In this decision, the ... Court held that the action was ripe for judicial review and should not have been dismissed. It held that legal issues were presented that did not require agency expertise and that the stores had shown disruption of their business despite the absence of actual enforcement. The requirement that administrative remedies must be exhausted before filing suit in circuit court was not applicable here....

The dissenters argued that plaintiffs had failed to exhaust their administrative remedies before filing suit. AP yesterday reported on the decision. (See prior related posting.)

UN General Assembly Passes Defamation of Religion Resolution With Less Support

Yesterday, the United Nations General Assembly-- for the fourth year in a row-- passed a resolution urging member states to take action against defamation of religions and religious hatred. Reuters reports that the resolution, supported by the Organization of the Islamic Conference, passed by a vote of 86 to 53 with 42 abstentions. This was significantly less support that the resolution garnered last year. Many Western countries and Christian advocacy groups have strongly opposed the resolution, arguing that it improperly restricts freedom of expression. Earlier this week, NPR's Morning Edition had a segment on the resolution (audio recording). (See prior related posting.)

Judgments Threaten To Bankrupt Vermont Catholic Diocese

A jury in a Vermont state court on Wednesday decided that the Roman Catholic Diocese of Burlington, Vermont is liable for damages of $3.6 million for negligence in hiring and supervising Edward Paquette, a pedophile priest. The Rutland Herald reports that this, along with other judgments, threaten to bankrupt the Diocese. Earlier this year, in a case involving a different plaintiff who was also abused by Paquette, a jury awarded damages of $8.7 million. Another 25 cases involving Paquette and other sexual abusers are still unsettled. The Diocese is litigating with an insurance company attempting to get some coverage for its losses from a policy that was in effect from 1972 to 1978. A judge has already put a lien on the Diocese headquarters building in Burlington.

Magazine Publishes Long Interview With Archbishop of Canterbury

New Statesman yesterday published a long interview with Rowan Williams, the Archbishop of Canterbury. The interview came from a series of meetings over the last year between Williams and reporter James Macintyre. Williams "spoke about sharia law, capitalism, the disestablishment of the Church, and his love of The West Wing."

Mukasey Recusal From Madoff Case In Part Because of Ties To Defrauded Jewish Organizations

In yet another twist, reported yesterday by the New York Times and Cityfile, Attorney General Michael Mukasey has recused himself from all Justice Department investigations into the massive Bernard Madoff securities fraud. One reason is that Mukasey's son, Marc, is a defense attorney representing Frank DiPascali, a top financial officer at Madoff's investment firm. (AP). However there are other reasons as well. Mukasey had close ties to two non-profit organizations that were victims of the Ponzi scheme. Mukasey's synagogue, Congregation Kehilath Jeshurun on the Upper East Side of New York, had invested $3.5 million with Madoff. Its affiliated Jewish day school, Ramaz, had $6.5 million invested with Madoff. According to Wikipedia, Mukasey was a 1959 graduate of Ramaz. At a later date, Mukasey's wife, Susan, was a teacher and headmistress of the Ramaz lower school. Also both of the Mukasey children attended the school. (See prior related posting.) [Thanks to Above the Law for the lead.]

Court Says Rabbis' Homes Qualify For NJ Parsonage Exemption

In Mesivta Ohr Torah of Lakewood v. Township of Lakewood, (NJ Tax Ct., Dec. 10, 2008), the Tax Court of New Jersey held that two homes owned by a religious organization are entitled to the parsonage exemption from property tax under New Jersey law (NJSA 54:4-3.6). The Tax Court found, that "while the synagogue is situated on school property and in a building that also houses educational pursuits, plaintiff maintains a separate and independent synagogue at the facility." It went on to hold that the parsonage exemption is available even though the congregation collected rent from the clergy occupying the houses, and that the receipt of federal Section 8 housing assistance does not preclude the exemption. The court rejected the argument that granting tax exempt status to the properties while receiving federal subsidies would constitute an endorsement of religion by the federal government.

Court Refuses To Reonsider Opinion In UW Catholic Foundation Case

In Roman Catholic Foundation, UW Madison, Inc. v. Regents of the University of Wisconsin System, 2008 U.S. Dist. LEXIS 101390 (WD WI, Dec. 16, 2008), a Wisconsin federal district court denied plaintiffs' motion for reconsideration in a case plaintiffs had largely won challenging the constitutionality of the University's refusal to fund certain or its activities out of student fees. (See prior posting.) The Roman Catholic Foundation unsuccessfully attempted to convince the court to reverse its holdings that defendants have qualified immunity, that plaintiffs were not entitled to monetary relief, that the University's discrimination was content-based (not viewpoint based), and that plaintiffs are entitled to declaratory relief but not an injunction.

Obama's Selection For Inauguration Invocation Creates Controversy

Barack Obama yesterday created one of the earliest controversies of his upcoming administration by inviting pastor Rick Warren, author of the popular book, The Purpose-Driven Life, to deliver the invocation at his inaugural. Warren is the founder of Lake Forest, California's Saddleback Church at which Obama and McCain held a candidate forum in August. CNN reports that the selection of Warren has particularly incensed gay rights supporters. Warren backed California's Proposition 8 banning same-sex marriage.

An Obama spokesperson defended the choice of Warren as an attempt to make the inauguration inclusive, even though Obama disagrees with Warren's views on gay rights. The Boston Globe says that "Warren has been a forceful advocate for reordering evangelical priorities.... [H]is public priority has been combating AIDS in Africa, and he has criticized the politicization of evangelical Protestantism." Dan Gilgoff of U.S. News says that this "is an early taste of the Democrats' post-election effort to reach evangelical Americans."

The benediction at the inauguration will be delivered by the 87-years old civil rights leader, Rev. Joseph E. Lowery, co-founder of the Southern Christian Leadership Conference. Yesterday's Atlanta Journal Constitution says that Yale poet Elizabeth Alexander will read a poem before Lowery's closing prayer. The Washington Post yesterday published the full schedule of the inauguration ceremony.

UPDATE: Here is an excerpt from a controversial Beliefnet interview with Pastor Rick Warren on the issue of gay marriage. Many opponents of Warren's participating in the inauguration point to language in this interview as being particularly insulting to gays and lesbians.

UPDATE2: AP reported on Sunday that Pastor Rick Warren defended the invitation extended to him to deliver the invocation at the Inaugural. In a speech to the Muslim Public Affairs Council annual convention in Long Beach (CA), Warren said that he loves people of other religions, of both political parties and he also loves "gays and straights."

UK Charity Commission Issues New Guidance For Religious Groups

Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission (which regulates charities in England and Wales) issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. In a news release yesterday, the Commission announced that, following these public consultations, it is now releasing four supplementary public benefit guidance documents. They cover charities whose aims include preventing or relieving poverty, or advancing education or religion, and those that charge fees.

The guidance titled The Advancement of Religion for the Public Benefit provides that in order to qualify as a religious charity, an organization must advance religion. It will not qualify as charitable if its aims are political. However "charities can campaign for a change in the law, policy or decisions where such change would support the charity’s aims. Charities can also campaign to ensure that existing laws are observed."

The guidance goes on to provide that in assessing public benefit, the Charity Commission must also look at any "detriment or harm" that may flow from the organization carrying out its aims. Annex C to the Guidance sets out four potentially controversial examples of detriment or harm. It suggests that proselytizing in a country where that activity is illegal could be detrimental where it exposes the group's staff or volunteers to harm. In some cases refusal to permit medical treatment, as well as promoting hatred or violence and restricting adherents' personal choice to change their beliefs or leave a religion, could all be detrimental. Religious Intelligence reported on the new guidance document yesterday. (See prior related posting.)

Court In Ghana Restrains Town's Small Mosques From Using Microphones

In Ghana, according to Monday's Ghanain Chronicle , the Presiding Magistrate at Kete-Krachi district court has ordered nine mosques in the Kete-Krachi township to stop using microphones during their worship. An ex parte motion requesting the order was filed by the Paramount Chief of the Krachi traditional area. The court held that the mosques create excessive noise in violation of an anti-noise law. Four major mosques are still permitted to use microphones. The restraining order applies to a group of small mosques, each with six to eight worshippers, created by individual families which are contending among themselves for chieftancy positions.

Israel-Vatican Negotiations On Taxes, Property Resume

In Jerusalem yesterday, two days of negotiation began between Israel and the Holy See in the nearly ten-year effort by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status and agree on protection of Church properties and ownership of several sacred sites. Asia News reported yesterday that the negotiations are being held amidst rumors of a planned trip by Pope Benedict XVI to Israel next May-- a visit that the Israeli government strongly supports. At issue in the long-running negotiations are differences over the implementation of the 1993 Fundamental Agreement between the Holy See and Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. (See prior posting.)

"Ask the White House" Session Is On Holidays At the White House

On Tuesday, Anita McBride, Laura Bush's chief-of-staff, answered questions online about "Holidays at the White House" (full transcript). The online forum is part of the regular "Ask the White House" series hosted on the White House website. Questions included: "How many ornaments are usually on the White House Christmas Tree and how long did it take to put it up?" and "How did Mrs. Bush decide what kind of decorations she wanted?"

In Spain, Prosecutor's Office Removes Nativity Scene After Objections

Argument over nativity scenes and church-state separation are not limited to the United States. AFP reported yesterday that in Madrid, Spain, a small nativity scene at the state prosecutor's office led to objections from a top judge who objected that it violated the church-state separation guaranteed by Spain's 1978 Constitution. Supporters were unsuccessful in arguing that the nativity scene was a cultural symbol rather than a religious one, and it was taken down on orders of an official in the prosecutor's office. Catholic symbols remain prominent in Spain, 30 years after the end of Francisco Franco's dictatorship which treated Catholicism as a state religion. Currently Spain's Socialist government is drafting a new law on religious freedom that will give greater support to religious diversity and secularism.

Art. 16(3) of Spain's Constitution provides: "No religion shall have a state character. The public powers shall take into account the religious beliefs of Spanish society and maintain the appropriate relations of cooperation, with the Catholic Church and other denominations."