California Supreme Court Upholds Antidiscrimination Pledge For Receipt of Subsidy

Yesterday, the California Supreme Court in Evans v. City of Berkeley (March 9, 2006), upheld the right of Berkeley to suspend the Sea Scouts' (an affiliate of the Boy Scouts) free use of a berth in the city's marina after the scout group refused to confirm that it would not discriminate against gays or atheists. The Court held that the denial did not violate the Scout group's right of free expression or association, or their right to equal treatment. The Court said: "[A] government entity may constitutionally require a recipient of funding or subsidy to provide written, unambiguous assurances of compliance with a generally applicable nondiscrimination policy." The Sea Scout group in fact did not, at least presently, discriminate on the basis of sexual orientation or religion. However, it refused to clearly confirm this in writing because that would violate policies that the Boy Scouts of America required. The Court said: "We are aware of no authority for the extraordinary proposition that government infringes on associational rights by offering one group a financial benefit that, if accepted, could lead another group to sever its association with the recipient."[Thanks to Marty Lederman via Religionlaw listserv for the information.]

President's Remarks On Faith-Based Initiatives

Here is the full text , as well as a Knight-Ridder news report on, President George W. Bush's remarks to yesterday' White House Conference on Faith-Based and Community Initiatives. In his remarks, the President called for two changes in the Internal Revenue Code-- larger tax deductions for corporate food donations, and permitting individuals to use a portion of IRA funds tax-free for charitable contributions. He went on to say:

As you know, this has been quite a controversial subject here in the United States Congress. We believe in separation of church and state -- the church shouldn't be the state and the state shouldn't be the church. No question that's a vital part of the country, and that's a vital part of our heritage and we intend to keep it that way. But when it comes to social service funding, the use of taxpayers' money, I think we're able to meet the admonition of separation of church and state and, at the same time, recognize that faith programs provide an important model of success. They help us achieve certain objectives in our country.

The White House also issued a Fact Sheet, titled Compassion in Action: Producing Real Results for Americans Most in Need as well as a detailed report on grants to faith-based organizations in fiscal 2005.

Petition In European Court of Human Rights On Muhammad Cartoons

According to Jurist, the European Court of Human Rights announced yesterday that it had received an application from the French Regional Council for the Muslim Faith to declare the publication of caricatures of the Prophet Muhammad in French newspapers an infringement of the non-discrimination provisions of the European Convention on Human Rights. Last month a French court dismissed a similar suit on procedural grounds. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Complaint Against Air Force Proselytization Expanded

The Associated Press reports on two interesting developments Thursday in the lawsuit brought against the Air Force by Mikey Weinstein, an Air Force Academy graduate, and a group of active-duty officers, who are seeking an injunction to prevent Christian proselytization at the Air Force Academy. First, the plaintiffs asked to amend the complaint to also seek a declaration that the Air Force's new Guidelines on religion are unconstitutional. Second, the plaintiffs ask to add Air Force recruiter, Master Sgt. Phillip Burleigh, as a plaintiff. Burleigh alleges he was asked by superiors to use Jesus Christ as a recruiting tool.

Impact of O Centro On RLUIPA Land Use Claims

The Becket Fund's RLUIPA website has posted a detailed legal memo on the impact of the U.S. Supreme Court's O Centro decision on religious land use cases under RLUIPA. The memo concludes that: "The opinion should finally lay to rest any argument that RLUIPA violates the Establishment Clause..." The memo says, most importantly, the decision establishes what must be shown for a state or local government to show a compelling interest in enforcing land use laws that restrict religious exercise. A general interest in enforcing a zoning code is not enough. A government must show a compelling interest in a specific context. And a compelling interest is less likely to be found if the statutory scheme already makes exemptions available for some reasons. [Thanks to Rick Duncan via Religionlaw listerv for the lead.]

State Department Issues 2005 Country Reports on Human Rights

Yesterday, the U.S. State Department released its 2005 annual Country Reports on Human Rights Practices. The report to Congress is required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 and section 504 of the Trade Act of 1974. The purpose of the reports is to highlight human rights achievements and violations and to suggest future tasks and the potential for greater cooperation in advancing the aspirations of the Universal Declaration of Human Rights, including the protection of religious liberty.

White House Conference Today Will Tout Faith-Based Programs

A White House Conference on Faith Based and Community Initiatives today is expected to attract 1500 people, according to the Chicago Tribune. It is expected that President Bush will announce that 2005 showed record federal grants to religious charities-- over $2 billion, of which $127.4 million went to charities in Illinois. Recent legislation has assured that religious groups receiving TANF funds and funds under the President's Marriage and Fatherhood Program are able to take employees' religious affiliation into account in hiring. Yesterday, Jim Towey, director of the Office of Faith-Based and Community Initiatives, in an online chat, said "For too long we have treated these vital groups as 'candy stripers', when they have been the foot soldiers."

Rev. Barry W. Lynn, head of release yesterday criticized the President's Faith-Based program, saying: "The White House is using incense and mirrors to cover up its domestic policy failures. Presidential speeches and bogus reports about the faith-based initiative are no substitute for adequate funding of effective government programs."

Spiritual Leaders Urge Prison Sweat Lodge Be Limited To Native Americans

The Las Vegas Sun yesterday reported that at a hearing Tuesday before the Nevada Indian Commission, Native American spiritual advisers urged the Department of Corrections to exclude non-Indians from religious sweat lodge ceremonies at Nevada State Prison. A Department of Corrections check showed that many participants in sweat lodge ceremonies for inmates segregated from the general prison population are white or Hispanic. That includes the sweat lodge's spiritual leader, August Ardagna, and its pipe holder, Lionel Hernandez. "They are just playing with our ceremonies," said Buck Sampson, spiritual leader for the Reno-Sparks Indian colony." What they are doing makes me sick." Spiritual leaders, though, said they are sensitive to people who are not full-blooded Indians, but want follow Native American traditions.

Israel Elections Committee Censors Anti-Religious Ad

In Israel, Arutz Sheva yesterday reported that the Chairperson of the Central Elections Committee, Judge Dorit Beinish, has told the ultra-secularist Shinui party that she would order one of its campaign ads censored because it is grossly insulting to the ultra-Orthodox Jewish community. The ad depicts an obviously secular Israeli walking in the street with Hareidi (ultra-Orthodox) people hanging onto his legs. Shinui says it will appeal to the High Court of Justice.

Full California Board of Education Adopts Textbook Changes On Hinduism

Yesterday, according to the Sacramento Bee, California's State Board of Education approved changes to history textbooks, in an attempt to find a compromise to conflicting demands raised in previous months about how Hinduism should be taught in public schools. (See prior posting.) Controversy has focused on whether the textbooks' descriptions of caste and gender discrimination unfairly singled out Hinduism for practices common in the ancient world. Opponents said the proposed changes would whitewash practices that still go on in India. The recommended changes the board accepted Wednesday in most cases represented points of agreement among opposing groups, according to Department of Education staff.

Claims By Prisoners Permitted To Proceed

In Henderson v. Brush, 2006 U.S.Dist. LEXIS 8756 (WD Wis., March 6, 2006), a Wisconsin federal district court permitted a Taoist prisoner to proceed with establishment and free exercise clause claims against Wisconsin prison officials for failing to recognize Taoism as an umbrella religious group; purchasing texts for Catholic, Protestant, Jewish, and Muslim inmates but not for Taoist inmates; and refusing to purchase two Taoist texts for the plaintiff.

In Lewis v. Mitchell, 2005 U.S. Dist. LEXIS 40814 (SD Cal., Oct. 5, 2005), a decision from last year that has just become available, a California federal district court dealt with a Muslim prisoner's claim that his religious liberty was infringed when he was deceptively served pork disguised as turkey. The court held that the prisoner must assert more than negligence to support his claim that his constitutional rights have been infringed. It found that he had asserted conscious or intentional acts against two of the defendants, but not against a third. The earlier Magistrate Judge's recommendation in the suit, also just released, is at 2005 U.S. Dist. LEXIS 40812 (July 11, 2005).

V.A. Slow To Recognize Wiccan Grave Markers

Blog From the Capital today points out a story from last week's Las Vegas Review-Journal (via AlterNet) on the slowness of the U.S. Department of Veterans Affairs and its National Cemetery Administration in approving an application to add the Wiccan Pentacle symbol to the 30-plus others that may be placed on veterans' headstones in national cemeteries. The widow of Nevada National Guard Sgt. Patrick Stewart, killed when the Chinook helicopter he was in was shot down in Afghanistan, is seeking to have the symbol placed on her late husband's headstone.

White House Developments On Faith-Based Initiatives

The President yesterday issued an Executive Order (full text) requiring the Secretary of Homeland Security to create a center for faith-based and community initiatives in DHS. The Executive Order provides: "The purpose of the Center shall be to coordinate agency efforts to eliminate regulatory, contracting, and other programmatic obstacles to the participation of faith-based and other community organizations in the provision of social and community services."

In a related matter, today at 11:00 a.m., Jim Towey, Director of the White House Office of Faith-Based and Community Initiatives, will conduct an interactive online discussion of the upcoming White House conference on the role corporations and foundations play in funding social services. The public may submit questions for Mr. Towey through the White House website.

Connecticut Bill Would Require Catholic Hospitals To Dispense Emergency Contraceptive

Lifenews.com reports that the Connecticut legislature is considering a bill (RSB 445) that would require Catholic hospitals to provide the morning-after pill to victims of sexual assault, even though it conflicts with Catholic religious teachings. Not surprisingly, the four Catholic hospitals in the state oppose the bill. Connecticut Gov. Jodi Rell, who supports legal abortion, says she favors the current law, which permits hospitals not to dispense the morning-after pill for religious reasons but requires that they refer women who seek it to other hospitals. However, her spokesperson said the Governor would be willing to consider the new legislation if it passes. Gubernatorial candidate John DeStefano, the mayor of New Haven, supports the morning-after pill requirement for Catholic hospitals, as does Connecticut Sexual Assault Crisis Services. To pass, the bill needs to be voted out of the Public Health Committee by March 20 and enacted by both houses of the legislature by May 3, the end of the current legislative session.

Sikhs Battle Montreal Port Authority Over Hard Hats

CTV.ca reported yesterday that in Canada a new religious liberty dispute between Sikhs and the government has arisen after the province of Quebec enacted legislation requiring all truck drivers coming into the Port of Montreal to wear hard hats. Sikh truck drivers say that wearing a helmet violates their religious obligation not to remove their dastaars (turbans). Prithvi Saluja, a Quebec Sikh, argues that throughout history Sikhs have performed dangerous tasks without helmets. However, France Poulin, from the Montreal's Port Authority, says that the issue is one of worker safety. In some cases, terminal operators have permitted Sikh truck drivers wearing turbans to enter the port, but have requried them to remain in their trucks. In other cases, entry has been denied.

Colorado Bill Would Protect Employees From Employer Religious Indoctrination

The Colorado legislature is considering H.B. 1314 that would prohibit employers from penalizing employees for not attending meetings at which the employer wishes to express opinions on religious or political matters. The Associated Press yesterday reported on the newly proposed bill hat is aimed at protecting employees from becoming captive audiences. Religious and political organizations would be exempt. The Colorado Association of Commerce and Industry opposes the measure bill, saying it would conflict with federal labor law and encourage lawsuits. They also argue that it fails to define "religion" and "political matters."

New U.S. Restrictions On Religious Groups' Travel To Cuba Protested

The Washington Post yesterday reported that 105 members of Congress have signed a letter sent to Treasury Secretary John Snow questioning a change in policy by the Office of Foreign Assets Control which is making it more difficult for national church groups to take their members to Cuba. OFAC previously issued broad licenses (under 31 CFR 515.566) for Cuban travel organized by religious organizations. However, a number of large organizations have allegedly abused their religious travel licenses by soliciting participation beyond their own members. So they are now being issued more limited permits. Local congregations can still get broad licenses, because they are more likely to know and control the make-up of their travel groups. The letter from Congress reads in part: "we believe it is inappropriate and unacceptable for politics and government to serve as a hurdle and now as a barrier to faith-based connections between individuals. If anything, these connections foster greater religious freedom in Cuba and contribute to a severely-lacking free-flowing exchange of ideas between the two countries."

Japanese Court Says Buddhist Pet Funerals Are Not Religious

In Japan today, the Nagoya High Court held that a Buddhist Temple's profits from religious-style funerals for pets are taxable. Japan Economic Newswire reports the court rejected the Temple's argument that at least pet cremation and sutra chanting are tax exempt as religious activities.

Drivers' License Photos Pose Religious Issues

Around the world, religious adherents are objecting to the requirement that their photo appear on their drivers' licenses.

In Canada, in the southern part of Alberta, the Hutterite settlement, the Wilson Colony, has filed suit to challenge the province's photo requirement that came into effect in 2003. Hutterites believe that the Second Commandment prohibits them from willingly having their picture taken. Yesterday BBC News reported that as licenses in the small religious colony come up for renewal, individuals are not renewing them. Now there are only 15 licensed drivers left. The colony's lawyer, Greg Senda, says the colony is worried what could happen to their large scale farming operation if no one can drive. After the suit was filed claiming a violation of religious freedom, residents were issued temporary licenses while the case is being litigated.

Meanwhile, in France, the Council of State, France's highest administrative body, ruled on Monday that Sikhs must remove their turbans for drivers license photos, calling it a question of public security and not a restriction on freedom of religion. In December, the Council of State had ruled in favor of Shingara Mann Singh, who refused on religious grounds to comply with the administrative order to take off his turban for his license photo. That decision said that the wrong ministry had issued the order. A day later the Transport Ministry, the correct ministry, took steps to adopt the required order. That sent the case back to the Council of State. The Hindu reports that yesterday the Council of State ruled against Singh's religious freedom claim.

Cert. Denied In Washburn Art Show Case

Yesterday, the U.S. Supreme Court denied certiorari in O'Connor v. Washburn University, (Docket No. 05-837) a 10th Circuit case in which the lower court rejected an Establishment Clause challenge to Washburn University's display of an allegedly anti-Catholic statue (titled "Holier than Thou") in its annual outdoor sculpture display. (See prior posting.) The Associated Press reported on the denial of cert.