100th Anniversary of Law Creating Secular France

In France, today is the 100th anniversary of the passage of the State Law of 1905 on the Separation of the Church and the State. A release published earlier this week by Newswire explains the significance of the law: "This law is seen as the backbone of the French principle of "laicite" [secularism]. The law famously states 'The Republic neither recognizes, nor salaries, nor subsidizes any religion'. The law put an end to the funding of all religious groups and declared all religious buildings property of the state and local governments. Other articles of the law included prohibiting affixing religious signs on public buildings, and laying down that the republic no longer names French archbishops or bishops." In reporting on the anniversary, ABS-CBN said, "In recent years, the French vision of a secular state has been increasingly called into question by the growing influence of Islam, which is now the France's second religion, at least in terms of the number of adherents."

Suit By Wiccan Prisoner Settled

According to 1010WINS yesterday, The New Jersey Department of Corrections has settled a RFRA lawsuit brought by the American Civil Liberties Union of New Jersey on behalf of a Wiccan prisoner who was refused access to religious books and to ritual items such as beads and scented oils, a small bell and flute, ritual powder and a necklace. The prisoner, Patrick Pantusco, is serving a 30 to 50 year sentence for murder, aggravated assault and other offenses.

White House Sends "Holiday" Cards

Yesterday's Washington Post reported on yet another installment in the battle over public holiday celebrations. The White House has sent out 1.4 million cards wishing friends a happy "holiday season", just as conservative groups are complaining about the elimination of the word "Christmas" from commercial ads and from governmentally sponsored seasonal tree displays. The card does, though, carry a verse from Psalms. Susan Whitson, Laura Bush's press secretary explained: "Certainly President and Mrs. Bush, because of their faith, celebrate Christmas. Their cards in recent years have included best wishes for a holiday season, rather than Christmas wishes, because they are sent to people of all faiths."

Tim Wildmon, president of the American Family Association, said, "Sometimes it's hard to tell whether this is sinister -- it's the purging of Christ from Christmas -- or whether it's just political correctness run amok. I think in the case of the White House, it's just political correctness." He continued, however, "It bothers me that the White House card leaves off any reference to Jesus, while we've got Ramadan celebrations in the White House. What's going on there?" And Catholic League president William A. Donohue said, "They'd better address this, because they're no better than the retailers who have lost the will to say 'Merry Christmas'." [Thanks to Get Religion for the information.]

A copy of the card is available on the Americans United website. [Thanks to No Left Turns for this lead.]

Jewish Group Proposes Changes To Ohio Autopsy Bill

The Ohio House of Representatives has passed H.B. 235 making changes to Ohio's Coroner's Law. One section of the bill (Sec. 313.123(B)) provides: "Retained tissues, organs, blood, other bodily fluids, gases, or any other specimens from an autopsy are medical waste and shall be disposed of in accordance with applicable federal and state laws, including any protocol rules adopted under section 313.122 of the Revised Code." The Ohio Jewish Communities reports in its Dec. 2 internal newsletter that Agudath Israel has suggested changes to the bill so that it will not conflict with Jewish religious law on the disposal of body parts. The bill is currently being considered by the Senate Judiciary Committee.

IRS Issues Guidance for Examination of Churches' Political Activities

BNA's Dec. 2 Daily Report For Executives [Subscription Required] reports on a Memorandum from March 2005 that was posted on the website of the Internal Revenue Service last month. The Memorandum For All EO Examination Managers and Revenue Agents gives detailed guidance to Revenue agents on how to examine 501(c)(3) organizations, including churches, for improper political participation in election campaigns of candidates for public office. BNA says:

Instructions from IRS headquarters cautioned agents and managers that contacts with charities "may be perceived as IRS intimidation." The agents were instructed to tell the organization contacted about the basis of the inquiry--such as a church's distribution of candidate ratings--and in some cases ask the organization for a detailed response. The memorandum ... instructed IRS agents and managers on how to implement the service's Political Intervention Project (PIP). The project was intended to put on a fast-track complaints about improper political advocacy by charitable organizations.... IRS is working to clear approximately 130 cases from the 2004 presidential campaign ... including activities by about 50 churches, IRS Exempt Organizations Director Martha Sullivan told BNA....

Capitol Hill Will Have "Christmas" Tree

The debate over what to call evergreens put up on public property at this time of year has now reached Capitol Hill. Today's St. Louis Post Dispatch reports that this year U.S. House Speaker Dennis Hastert will officially refer to the tree on the west lawn of the Capitol Building as a "Christmas Tree" when he flips the switch to light it. First erected in the 1960's, it has been variously known as "The Tree", "The Capitol Hill Christmas Tree", "The Holiday Tree", and "The People's Tree". Hastert wrote the architect of the Capitol, whose office is in charge of erecting the tree, saying he wanted the tree renamed even though "I fully understand your desire to make all holiday displays as inclusive as possible."

Jordan Anti-Terror Proposal Would Control Clerics' Rulings

In Jordan, the government has proposed a new anti-terror law that would not only punish the support of terrorist acts, but also would prohibit Islamic clerics from pronouncing others as infidels or issuing fatwas without government permission. IRIN reported yesterday that Islamic groups in Jordan oppose the new measure.

Provincetown Expands Holiday Display

In Provincetown, Massachusetts, the Board of Selectmen voted Monday night to add a menorah and a “Peace on Earth” sign to the town’s long-displayed nativity scene at the Bas Relief. By a split vote, they decided “to place the display in a secular context” instead of moving it onto private property. Today's Provincetown Banner says that Board chair Cheryl Andrews opposed the motion, saying, "I do know that having it by itself and lit would be more in keeping with the tradition of the town." Selectman Richard Olson also opposed it because, he said, "we’re on a slippery slope of trivializing the whole thing."

ACLU Brings Habeas On Behalf of Catholic Sentenced To Pentecostal Drug Rehab Program

The ACLU of Michigan announced yesterday that it has filed a habeas corpus petition (full text of petition and of Memorandum in Support) in federal court in Detroit on behalf of a Catholic man who was sentenced to jail for not completing a Pentecostal drug rehabilitation program. The petitioner alleges that his sentence violated the First Amendment's free exercise and establishment clause provisions. Joseph Hanas pled guilty to a charge of marijuana possession. He was allowed a deferred sentence and possible dismissal of the charges if he successfully completed the Inner City Christian Outreach Residential Program. However, one of the goals of the program was to convert Hanas from Catholicism to the Pentecostal faith. He was forced to read the bible for seven hours a day, was tested on Pentecostal principles, and was told by the program staff that Catholicism was a form of witchcraft. His rosary and Holy Communion prayer book were confiscated. This led him to leave the program. The judge acknowledged that Christian Outreach was a religious program, but determined that nevertheless Hanas had not satisfactorily completed it. He sentenced Hanas to jail and then to boot camp. Only after that, while on probation, did Hanas receive drug treatment in a non-religious program.

Bible Display At Courthouse Being Argued Today

The San Antonio Express News reports that in the U.S. 5th Circuit Court of Appeals today, lawyers are arguing the case of Staley v. Harris County. The case involves the question of whether a neon-lighted King James version of the Bible in a display case can be maintained on the Harris County, Texas court house grounds in Houston as a memorial to William Mosher, the deceased benefactor of a homeless group, the Star of Hope Mission. The state argues that the memorial conveys a message about the person memorialized, not "official government policy on religious matters." In August 2004, the district court ordered the Bible removed from the monument. The case below is at 332 F. Supp.2d 1030 [LEXIS link].

UPDATE; The Houston Chronicle carries an account of the Court of Appeals arguments. They focus on the purpose of the monument, and especially its 1995 rededication.

Russian Muslims Challenge Cross In Government Emblem

Controversy over governmental display of religious symbols has now erupted in Russia. Today's Moscow Times reports that several senior Muslim clerics and scholars have demanded that Christian symbols be removed from the Russian national emblem to reflect that Russia has many faiths and is a secular state. The emblem contains a portrait of Saint George killing a dragon and includes four crosses . However, Georgy Vilinbakhov, a historian who works for a federal agency overseeing state symbols, said the symbols on the emblem are not Orthodox Christian. Nafigulla Ashirov, the leader of the Spiritual Board of Muslims of the Asian Part of Russia, said that the problem is broader than just the emblem: "Crosses are erected at border guards' stations and on roads leading into towns. Icons are hung in offices." Article 14 of Russia's Constitution provides: "(1) The Russian Federation is a secular state. No religion may be instituted as state-sponsored or mandatory religion. (2) Religious associations are separated from the state, and are equal before the law."

Grant Park Cross Conservancy Wins Suit, Keeps Historic Cross

In 2003, the city of San Buenaventura, California, sold the acre of land on which the 90-year old Grant Park cross sits to a private non-profit organization, the Grant Park Conservancy. The sale was motivated by concerns over church-state issues posed by the presence of the cross on public land. (History of the Cross.) However, the deed that originally conveyed the Grant Park property to the city provided that the land was to be maintained as a public park. Two heirs of the Grants sued claiming that under the original deed, the land should have reverted to them when it was conveyed to a private group. The Ventura County Star yesterday reported that on Dec. 1, a California appellate court ruled against the Grant heirs, finding that they lost their rights to the land when they failed to comply with the 1983 Marketable Record Title Act that required a record notice be filed within 5 years in order to preserve their interest. The case is McDonell v. City of San Buenaventura.

Controversial Kansas Prof. Physically Attacked

University of Kansas Professor Paul Mirecki who gained national attention after scheduling, and then cancelling, a course titled "Intelligent Design, Creationism and other Religious Mythologies," reported to police that he was physically attacked early today by two men. Today's Kansas City Star reports that the attack took place in rural Douglas County, Kansas. Mirecki said the attackers, who were strangers to him, made reference to his proposed class. (See prior related posting.)

UPDATE: The Topeka Capital Journal reports that on Wednesday, Dec. 7, Prof. Mirecki resigned as chairman of the University of Kansas Religious Studies Department.

Cities Sued For Refusing Creche Display

Liberty Counsel announced today that it is filing suit against Neptune Beach and Atlantic Beach, Florida, that jointly control Town Center Park. The cities have refused to permit Ken Koenig to display a nativity scene in the park, while the cities have approved a Christmas tree and a menorah for display. The cities argue that the approved displays are secular, but that a nativity scene is religious. Liberty Counsel argues that the cities are engaged in viewpoint discrimination, and that there is no constitutional problem with featuring a nativity scene as part of the larger display. The Lakeland, Florida Ledger quotes Neptune Beach city attorney, Christopher White, who said: "We feel the City of Neptune Beach has followed the mandates of the U.S. Supreme Court." White cited the U.S. Supreme Court's 1989 Allegheny County decision to support his position.

Hearing Today In Portland Archdiocese Bankruptcy Case

A hearing is scheduled today in federal bankruptcy court in Portland, Oregon, on which assets of belong to the Catholic Archdiocese of Portland, according to the Albany, Oregon, Democrat Herald. The Archdiocese declared bankruptcy in July 2004 in the face of large claims by priest sex-abuse victims. (See prior related posting.) Today's hearing focuses on whether parish properties are part of the assets that creditors can claim in bankruptcy. The church claims that under canon law, each parish is treated as a separate property owner. Tort claimants argue that canon law does not control, and properties of the parishes and institutions of the archdiocese should be included in the estate of the Archdoicese and made available for settlements. In August, a Washington state bankruptcy court faced a similar issue and sided with creditors of the Spokane Diocese; the Diocese has appealed. (See prior postings 1, 2 .)

Some Say There Is "A War On Christmas"; But Not At White House

Yesterday's New York Newsday carried an article reviewing "The Culture Wars Before Christmas". It reports that this year, we have an

"amped-up effort ... by the religious right and its media allies to monitor, lobby, boycott and litigate over the way the country celebrates the holiday season - from school chorales and municipal crèches to retail advertising and seasonal tree-lighting. Leaders say the effort is needed to beat back a war on Christmas and Christianity by "secularists" and liberal groups such as the American Civil Liberties Union.... Critics, however, say it is all an overblown effort to use a hot-button issue to raise money and tempers in pursuit of larger political goals.

Meanwhile, last week at the White House, no war on Christmas could be detected. On Thursday, the President lit the National Christmas tree, calling the event "one of the great traditions in our Nation's Capital." He continued, "Each year, we gather here to celebrate the season of hope and joy -- and to remember the story of one humble life that lifted the sights of humanity. " (Full text of remarks.)

Pro-Alito Ads Emphasize Church-State Issues

The Washington Post reported yesterday that the Committee for Justice is running radio ads focusing on church-state issues to support the confirmation of Samuel A. Alito for the U.S. Supreme Court. The ads, being aired in Colorado, Wisconsin and West Virginia, say in part: "It's the season when Americans celebrate our traditions of faith ... and once again religious freedom is under assault. Why? Because liberal groups like People for the American Way and the ACLU have opposed public Christmas and Chanukah displays and even fought to keep Christmas carols out of school. Some courts and judges have supported this radical agenda, but not Judge Sam Alito, President Bush's nominee to the U.S. Supreme Court. Throughout his career, Judge Alito has consistently upheld the Constitution's protection of free religious expression."

Charges Against Sikh Student For Carrying Kirpan Dropped

A Detroit, Michigan prosecutor has dropped charges under the Detroit Knife Ordinance against a Wayne State University student, who was arrested for carrying a kirpan on the university campus. Carrying the kirpan is part of the religious requirements of the Sikh faith. Today a release by the United Sikhs reports that Sukhpreet Singh won his case after his attorney, the United Sikhs and the ACLU of Michigan argued that the kirpan, a scimitar in a sheath, is not a weapon and should not be viewed as one. Harpreet Singh, legal director of United Sikhs, said that his organization would continue to work with authorities to establish a best practice for dealing with Sikhs wearing a kirpan.

Newly Posted Scholarship of Interest

Recent articles posted on SSRN:

Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.

Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .

Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine

On November 18, the U.S. Senate approved S. 632 which would permanently remove Ukraine from Title IV of the Trade Act of 1974. Known as the Jackson-Vanick Amendment, that provision denied normal trade relations to Soviet block countries that denied free emigration to its citizens. It was aimed particularly at assisting Jews who were being persecuted in the former Soviet Union. S. 632 contains findings that the Ukraine now permits free emigration and promotes freedom of religion. The Ukrainian government web site reported on the Senate's action last month. Similar bills have been introduced into the House of Representatives.