Parents Object To Planned School Play "Santa Goes Green"

In DuBois, Pennsylvania, some parents have raised a new kind of objection to a planned school Christmas play. The Progress reported yesterday that four residents have asked the DuBois School Board to reconsider the choice of the play "Santa Goes Green" that is to be produced by 4th and 5th graders on Dec. 8-10. The play was written by author and composer John Jacobson, who was also an unsuccessful candidate for the U.S. House of Representatives from California's 2nd District in this month's elections.  Parent Patty Fisch says the play contains a hidden political and environmental agenda that she does not want her child exposed to. She says that "several parts in the play drill into kid's heads the world's going to end if they don't go green." Another parent argued that environmentalism is a matter of personal belief and so the play could be seen as advancing religion.

Israeli Jewish Anti-Missionary Group Sues State-Run Radio Stations Over Ad Refusal

Yad L'Achim is an Israeli non-profit group, one of whose goals is to counter Christian missionary activity aimed at Jews in Israel. Arutz Sheva reported on Wednesday that the organization has filed suit against two Israeli state-operated radio stations which have refused to run Yad L'Achim's ads. The organization wants to run the ads prior to music festivals and major concerts at which Christian missionaries reaching out to young people are particularly active. Both the Israel Broadcasting Authority and Army Radio have refused. Army Radio says that it cannot run ads that "may damage the religious sentiments of different groups."  In a letter to the court, Yad L'Achim said:

a public service announcement or paid ad warning Jews not to fall prey to missionaries would not violate the religious feelings of anyone in Israel. It is the radio stations' social and legal obligation to broadcast the ads. There is, in fact, no more suitable message for Jews in a Jewish state than to tell them to remain strong in their identities and reject anti-Semitic missionary activity.

Yad L'Achim attorneys threaten to go beyond their present suit which demands the ads be run either as a public service announcement or a paid ad. They say they if the stations do not change their stance, Yad L'Achim will file a discrimination claim with the High Court as well.

9th Circuit: Christian Legal Society Failed To Preserve Pretext Argument For Review

Last June in Christian Legal Society v. Martinez, the U.S. Supreme Court upheld Hastings Law School's policy of only recognizing student groups that are open to all students. The policy was challenged by CLS that required its members and officers to sign a statement of faith. (See prior posting.)  However the Supreme Court remanded the case to the 9th Circuit, saying that, "if and to the extent it is preserved," the Circuit Court could still consider CLS's argument that Hastings applied its all-comers rule in a biased fashion, using it as a pretext for religious discrimination. In Christian Legal Society of University of California Hastings v. Wu, (9th Cir., Nov.17, 2010), the 9th Circuit held on remand that plaintiffs had failed to preserve this selective application argument for appeal. The Washington Post reports on the decision. [Thanks to Religion News Service for the lead.]

State Department Issues 2010 Report On International Religious Freedom

Yesterday the U.S. State Department released its 2010 Report on International Religious Freedom. The annual report to Congress is mandated by Section 102 of the International Religious Freedom Act of 1998. In releasing the report, Secretary of State Hillary Clinton (full text) said:

Religious freedom is under threat from authoritarian regimes that abuse their own citizens. It is under threat from violent extremist groups that exploit and inflame sectarian tensions. It is under threat from the quiet but persistent harm caused by intolerance and mistrust which can leave minority religious groups vulnerable and marginalized.... [W]ith this report as our guide, the United States will continue to advance religious freedom around the world as a core element of U.S. diplomacy.

Assistant Secretary Michael H. Posner then answered reporters questions. (Full text of briefing.)

The report surveys the status of religious freedom separately for every country around the world (except for the U.S. itself). The Executive Summary highlights 27 countries in which there have been noteworthy developments, either positive or negative. It reports on U.S. efforts to promote religious freedom in the 8 countries the State Department has formally designated as "Countries of Particular Concern." (See prior posting.) However the Report did not update these designations. Secretary Posner, though, said that a new list will be forthcoming "in the next couple of months."

The Executive Summary reiterates U.S. opposition to continuing efforts by Muslim countries to obtain a U.N. resolution on "defamation of religions." Citing China and Uzbekistan, it also condemns "the growing trend of forcibly returning individuals from another country to face persecution or abuse in their home country in retribution for their religious activism." [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

In Battle For Texas House Speaker, Religion Becomes An Issue

In the Texas state legislature, Joe Straus, the current speaker of the House of Representatives, is being challenged by two other Republicans who are more conservative. Yesterday's Dallas Morning News reports that  supporters of challengers Rep. Warren Chisum and Rep. Ken Paxton are stressing their candidates' Christian values and in e-mails are alluding to the fact that Straus is Jewish. A Houston Chronicle opinion piece carries a detailed examination of what it calls the "religious campaign against Straus."  Some of the opposition pieces claim Straus favors abortion and points out that his rabbi is on the board of Planned Parenthood. A Dallas Morning News report analyzes the claim that Straus received a 100% National Abortion Rights League rating for 2007.  It reports:

In 2007, Straus voted 100 percent of the time with NARAL Pro-Choice Texas. However, he only voted on one of nine votes the group considered crucial that session. Straus voted "aye" on an unsuccessful amendment to the state budget that would have shifted to child-abuse prevention efforts $5 million previously allotted to "pregnancy crisis centers," which advise women and girls about alternatives to abortions.

The ADL yesterday issued a release calling appeals based on a candidate's religion "offensive and inappropriate."

Russia's Lower House Approves Bill Allowing Orthodox Church To Reclaim Nationalized Property

Reuters reports that yesterday the State Duma, the lower house of Russia's Parliament, adopted a bill authorizing the Russian Orthodox Church to reclaim up to 17,000 building and churches nationalized after the 1917 Bolshevik revolution. Under the bill, the Church cannot reclaim museum pieces or public buildings. The bill easily passed on its second and main reading in the lower house. It must still pass a perfunctory third reading before going to the upper house (the Federation Council) for approval and then being signed into law by the president. (Background on legislative process).

Ponzi Scheme Targets Investors In Shariah-Compliant Financial Products

A Department of Justice press release yesterday unveiled an indictment against three owners of a bankrupt Chicago real estate development firm charging that they ran a Ponzi scheme aimed at investors seeking Shariah-compliant investments. The indictment alleges that two of the owners of Sunrise Equities, Inc. misrepresented that an investment in the company was Shariah compliant, and promised returns of between 15% and 30%.  Hundreds of Muslims in the Chicago area invested, and collectively they lost some $30 million in the fraud. Sunrise was not generating any profits from real estate development and prior investors could be paid only out of funds later invested by others. The two defendants charged in the affinity-group fraud have now fled the country.

New Survey Identifies Religious Concerns For 2012 Election

The Public Religion Research Institute this week released a report on its  2010 Post-Election American Values Survey. The report titled Old Alignments, Emerging Fault Lines: Religion in the 2010 Election and Beyond,  reports on three findings that may have importance for the 2012 elections:  (1) only 4 in 10 Americans believe that President Obama has religious beliefs similar to their own; (2) 49% of Americans believe that the values of Islam are compatible with American values; and (3) 58% agree that God has granted America a special role in human history. ABP yesterday reported on the survey.

Court Refuses To Stop Murfreesboro Mosque

According to NPR, a Tennessee Chancery Court judge yesterday refused to issue a temporary restraining order to stop construction of an Islamic Center in Murfreesboro (TN). The formal issue in the trial was whether Rutherford County planning officials violated the state's open meeting law when they approved the site plan for the Center. (See prior posting.) However the trial drew national attention as plaintiffs argued that Islam should be classified as a political movement, not a religion. (See prior posting.) After seven days of testimony since late September, Chancellor Robert Corlew heard closing arguments yesterday (WRCB TV) and then issued his ruling. While expressing some concern about the notice requirements, Corlew ruled that plaintiffs had not shown the county acted illegally, arbitrarily or capriciously in approving the site plan.

Senate Hearing Held On Nomination of Ambassador at Large for International Religious Freedom

Religion News Service reports that yesterday the Senate Foreign Relations Committee held a hearing on the nomination of Suzan D. Johnson Cook to be Ambassador at Large for International Religious Freedom. In her prepared testimony (full text) Cook outlined some of her relevant experience. Cook retired last year as pastor of New York's Bronx Christian Fellowship Church.  Religious freedom advocates have been concerned that the religious freedom ambassador's post has been unfilled for so long. Some, however, question Cook's lack of foreign policy experience.

Executive Order Adopts New Criteria For Organizations Receiving Faith-Based Grants

President Obama today signed an executive order (full text) making changes in the operations of the White House Office of Faith-based and Neighborhood Partnerships.  As reported in a press release from the Baptist Joint Committee, the order implements many of the recommendations made in February by a task force on reform of the faith-based office. (See prior posting).  However the Executive Order does not implement a split recommendation that houses of worship use separately incorporated affiliates to receive federal grant funds. (The recommendations were published as part of a larger report last March. See prior posting.) Today's Executive Order, titled Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations, includes the following directives:

(c)  No organization should be discriminated against on the basis of religion or religious belief in the administration or distribution of Federal financial assistance under social service programs.

(d) ... [O]rganizations, in providing services supported in whole or in part with Federal financial assistance, and in their outreach activities related to such services, should not be allowed to discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.

(e)  The Federal Government must implement Federal programs in accordance with the Establishment Clause and the Free Exercise Clause ... and must monitor and enforce standards ... in ways that avoid excessive entanglement between religious bodies and governmental entities.

(f)  Organizations that engage in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) must perform such activities and offer such services outside of programs that are supported with direct Federal financial assistance ..., separately in time or location from any such programs or services supported with direct Federal financial assistance, and participation in any such explicitly religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance.

(g) ...  [A] faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct Federal financial assistance ... to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization)....  [Organizations] may use their facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization may retain religious terms in its name, select its board members on a religious basis, and include religious references in its organization's mission statements and other chartering or governing documents.

 (h)  ... If a beneficiary or prospective beneficiary of a social service program supported by Federal financial assistance objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonable time after the date of the objection, refer the beneficiary to an alternative provider....

The Executive Order also sets up a Working Group to draft a set of model regulations and guidance documents for adoption by federal agencies involved in distributing funds.

Illinois Village Sued For Refusal To Accommodate Jehovah's Witness Employee

A former Oak Park, Illinois employee on Friday filed a lawsuit against the village claiming that it wrongfully refused to accommodate her religious beliefs.  The TribLocal and the Pioneer Press report that Jehovah's Witness adherent Shawnya Robinson originally worked in Oak Park's community relations department, but was transferred the clerk's office when her original position was eliminated for budgetary reasons. Robinson had religious objections to registering domestic partnerships. She also objected to being involved in voter registration, interpreting her church's teaching of political neutrality as preventing her from being involved in any way in the voting process. Although Robinson was originally told that it would not be a problem to accommodate her religious beliefs, eight days after she began her new job she was fired because her supervisor became concerned about office morale problems that would be caused by Robinson's being exempted from some duties. The Illinois Department of Human Rights in September dismissed similar charges filed with it by Robinson.

Court Rejects Bivens Claim For Religious Discrimination By CIA

Ciralsky v. Central Intelligence Agency, 2010 U.S. Dist. LEXIS 120617 (ED VA, Nov. 15, 2010), is a suit originally filed ten years ago by a former CIA employee challenging the revocation of his security clearance and his resulting termination from his position as an attorney with the CIA.  Plaintiff Adam Ciralsky claims that these actions were taken because he is Jewish and was viewed as a supporter of Israel. Some of plaintiff's claims have already been adjudicated or are still pending in the district court for the District of Columbia. The claims involved in this opinion are primarily Bivens claims for violations of various constitutional provisions. Among those are claims that defendants violated the free exercise clause and the equal protection component of the 5th Amendment's due process clause. The court dismissed plaintiff's claims on various grounds, including lack of subject matter jurisdiction. However it also discussed the merits of various claims, including those under the 1st and 5th Amendment:

Ciralsky has already challenged the revocation of his security clearance under Title VII in the District of Columbia, which dismissed that claim; he cannot use a Bivens action to receive a second chance at his failed Title VII claim.

Indeed, allowing this claim would require this Court to broaden the scope of Bivens, which courts are reluctant to do. Bivens creates an implied right of action for damages against federal officials who violate specific constitutional rights.... Ciralsky has not cited any precedent that creates a Bivens action for free exercise or equal protection claims.

Even if Ciralsky could bring such a Bivens action, he does not allege facts that make out a constitutional violation. Ciralsky alleges that the CIA revoked his security clearance because officials saw him as overly sympathetic to Israel. If true, the CIA's actions were within its broad discretion for granting and denying access to national security information.

USCIRF Vice-Chair Criticizes Russian Laws on Extremism

Elizabeth Prodromou, vice chair of the U.S. Commission on International Religious Freedom, spoke Sunday at a conference in Brussels on Religious Freedom in Russia (full text or remarks). She said in part:

Russia faces legitimate, serious threats from groups which advocate or perpetrate violence in the name of religion. This is a major security concern, not just in Russia, but in other nations. There is a problem, however, with Russia's approach to the challenge.  It defines extremism in such a way that religious groups that neither practice nor preach violence fall under that category.  Moreover, Russian authorities apply anti-extremist laws in an overly broad and arbitrary manner.  The result is a repeated and heavy-handed use of the law against religious adherents who pose no credible threat to security, and whose only "crime" is a failure to conform to mainstream ideas and beliefs.

USCIRF issued a press release on the talk.

British Tribunal Rejects Religious Discrimination Claim By Adoption Panel Member

In Britain, an employment tribunal in Leicester has rejected religious discrimination charges brought by a Christian pediatrician who was dismissed from her position on a Northamptonshire County Council adoption panel when she asked to abstain from voting in cases where same-sex parents were seeking to adopt. Brighouse Echo reports today that the employment judge concluded Dr. Sheila Matthews was treated no differently than any other panel member who might request to abstain from voting for any reason would have been.

Surprise Bishops' Conference Election Results Show Move To The Right

New York Archbishop Timothy Dolan yesterday was elected president of the United States Conference of Catholic Bishops.  Christian Century reports that Dolan's choice was a surprise.  Usually the sitting vice president-- who was Bishop Gerald Kicanas or Tuscon-- is elected president. However Kicanas had been criticized by sex abuse victims for failing to stop the ordination of a priest who was later convicted of sex offenses.  Also conservative Catholics criticized Kicanas as weak on social issues.  In the third round of voting, Dolan defeated Kicanas by a vote of  128-111. Archbishop Joseph Kurtz of Louisville was elected vice president, defeating Denver Archbishop Charles Chaput.  Observers say the elections foreshadow a sharp move to the right by the bishops' conference and suggest that the bishops will be leaders in the culture wars.

TSA Says Passengers With Religious Objections To Both Body-Scan and Pat-Down Cannot Board

John Pistole, head of the Transportation Security Administration told the Senate Homeland Security Committee yesterday that airline passengers who refuse both a full body scan and a pat down search will not be allowed to board a plane, even if the refusal is for religious reasons. AP reports that Pistole made the statement at hearing in response to a question by Nevada Sen. John Ensign.

President Sends Eid Greetings And Wishes Hajj Pilgrims Well

In Saudi Arabia, the Hajj is under way as yesterday pilgrims climbed Mount Arafat as part of the five days of rituals that trace the steps of the Prophet Muhammad (AP). Today marks the beginning of Eid al-Adha, the Festival of the Sacrifice that commemorates Abraham's willingness to sacrifice his son. (Washington Post). Yesterday the White House issued this statement from President Obama sending Eid greetings:

Michelle and I extend our greetings for a happy Eid-ul-Adha to Muslims worldwide and wish safe travels to those performing Hajj.  This year, nearly three million pilgrims from more than 160 countries - including the United States - have gathered in Mecca and neighboring sites to perform the Hajj rituals and stand together in prayer.

On Eid, Muslims around the world will commemorate Abraham’s willingness to sacrifice his son, and distribute food to those less fortunate - a reminder of the shared values and the common roots of three of the world's major religions.

On behalf of the American people, we extend our best wishes during this Hajj season – Eid Mubarak and Hajj Mabrour.

Teacher Reprimanded For Objecting To Student's Anti-Gay Statements

In Brighton, Michigan, a high school economics teacher is challenging a one day suspension without pay that was imposed on him for violating the free speech rights of a student. According to a Canadian Press report today, on Oct. 20 teacher Jay McDowell told a student in his class to remove a belt buckle carrying the Confederate flag. This led another student to challenge McDowell on how this differed from the rainbow flag that was depicted on an anti-bullying T-shirt worn by the teacher. The student said he did not accept gays. McDowell told him he could not say that in class. The student insisted, "I don't accept gays. It's against my religion." McDowell sent him out for a one-day suspension. Another student asked if he could leave also, because he too did not accept gays.  The reprimand letter that teacher McDowell received from the school district said that he "purposefully initiated a controversial issue" by wearing the anti-bullying T-shirt.

RLUIPA Lawsuit Challenges Zoning Limits on Church Affiliated Outreach Center

A RLUIPA challenge to the zoning laws of the city of Kelso, Washington was filed Friday in federal district court in Washington by the Victory Center which welcomes young people and the needy for fellowship, meals, worship and classes. The Center is affiliated with the Kelso Church of Truth and Mountain Ministries.  The Kelso city code limits a four block downtown area to pedestrian-related uses.  Victory Center moved in last spring and put a $15,000 deposit toward purchase of the building. The Victory Center defines itself as a cultural and educational center, which is a permitted use in the area.  However, as reported by the Longview (WA) Daily News (11/9), a hearing examiner last week ruled that it is instead a "community center" which is not permitted. In the lawsuit filed Friday, Victory Center charges that the city's community development director wrongly applied the zoning law based on his personal opinion and religious prejudice. (Longview Daily News 11/15).