Saturday, September 02, 2006

Christian Athletes Group In Florida Schools Questioned

A story in today’s Daytona Beach (FL) News-Journal illustrates the fine lines between permissible and impermissible activities by religious groups in public schools. Some parents are upset by activities of the Fellowship of Christian Athletes at four Flagler County schools this week. The group appeared at assemblies in each school offering presentations discouraging drug use and encouraging good decision making by students. The assemblies featured BMX bike stunts, skateboarding and magic tricks, and did not have religious content. However, at the assemblies the group gave out tickets and fliers inviting students to evening events at Flagler Palm Coast High School's gym, which the group had rented with funds from local churches. Some parents complained that they were not aware that the evening activities were going to be religious in nature.

Scott Kirschner, a pastor at Palm Coast’s Parkview Baptist Church, said that the Fellowship of Christian Athletes respected school district rules at the assemblies. He conceded, however, that the main goal of "The Freedom Experience," a national tour, is to introduce youths to Christ.

Milwaukee Diocese Settles With California Abuse Plaintiffs

The Los Angeles Times today reports that the Archdiocese of Milwaukee has reached settlements totaling $13.3 million with eight California victims of clergy sexual abuse. The suits were brought in California by victims who allege that the Archdiocese of Milwaukee transferred one of its priests, who it knew was a pedophile, to California’s Diocese of Orange to get rid of him. California courts have held that they have jurisdiction of the Milwaukee Diocese in these cases.

A Flood Of Prisoner Free Exercise Cases This Week

In McClain v. Leisure (7th Cir., Aug. 23, 2006), the U.S. 7th Circuit Court of Appeals rejected an Indiana inmate’s claim that a prison employee’s seizure of his painting depicting white supremacist and Asatru imagery violated his free exercise rights.

In Runningbird v. Weber, (8th Cir., Aug. 28 2006), the U.S. 8th Circuit Court of Appeals upheld a lower court’s dismissal of an inmate’s claim that his right to practice his Native American Religion was violated. Restrictions on tobacco and sweat-lodge ceremonies, and denial of a Lowampi ceremony were found to be constitutional. It also rejected complaints of denial of a religious advisor, denial of peyote, permitting women to occasionally handle religious objects and observe ceremonies, and denial of certain sacred food for ceremonies. The court also rejected the inmate’s equal protection claim.

In Alston v. Sanchez, 2006 U.S. Dist. LEXIS 61515 (ED CA, Aug. 28, 2006), a California federal district court rejected as moot a challenge by a Rastafarian inmate to a prison’s regulation of hair length. California had changed its grooming policies in response to a 9th Circuit decision invalidating its former policy.

In VanDyke v. Southwest Virginia Regional Jail Authority, 2006 U.S. Dist. LEXIS 60325 (WD VA, Aug. 28, 2006), a Virginia federal district court rejected a series of claims by an inmate who alleged that while he was confined at the Southwest Virginia Regional Jail his constitutional rights, including his right to the free exercise of religion, were violated. The court upheld the jail’s confiscation of the inmate’s chain and crucifix because it could be fashioned into a sharp object, and the jail’s refusal to write a check for $8 from the inmate’s account as a contribution to his church.

In Williams v. Ferguson, 2006 U.S. Dist. LEXIS 61586 (ED CA, Aug. 28, 2006), a California federal district court held that prison officials did not violate an inmate’s rights under RLUIPA when they questioned him as to the authenticity of his claim that he was a practicing Muslim in order to determine whether or not he should be granted an exemption from the prison’s normal grooming standards.

In Kwanzaa v. Brown, 2006 U.S. Dist LEXIS 61703 (D NJ, Aug. 17, 2006), a New Jersey inmate sued alleging a wide variety of constitutional violations. The court permitted him to proceed on his allegation that he was denied his free exercise rights when he was not permitted to attend Ju'mah services in retaliation for his filing a grievance against a prison officer.

In Nelson v. Miller, 2006 U.S. Dist. LEXIS 60654 (SD IL, Aug. 25, 2006), the court overruled a prison chaplain’s objections to various questions in interrogatories from an inmate who was suing to challenge the chaplain’s refusal to approve his request for a diet based on the Rule of St. Benedict that prohibits eating the flesh of any four-legged animal. The court held that the clergyman's privilege does not apply to requests made to the chaplain by an inmate for a religious diet.

Friday, September 01, 2006

Ohio Settles EEOC-Justice Suit On Employee Objections To Union Dues

Today the U.S. Department of Justice and the Equal Employment Opportunity Commission announced a consent decree that resolves religious discrimination lawsuits against the state of Ohio, various state agencies and OCSEA (AFSCME, Local 11, AFL-CIO), a union that represents state employees. The suits alleged that the various defendants violated Title VII of the 1964 Civil Rights Act when they permitted members of churches that have historically opposed unionization to pay an amount equivalent to their union dues to charity, but refused to grant the same treatment to religious objectors who do not belong to these churches. They were required to pay a representation fee to the union. The suit arose out of an employee's religious objections to supporting OCSEA because the union had taken positions in favor of abortion rights and same-sex marriage. (See prior posting.) EEOC Regional Attorney Jacqueline H. McNair said that the consent decree "will protect approximately 37,000 public employees covered by the State of Ohio’s collective bargaining agreement with the Ohio Civil Service Employees Association."

Report Says EPA Right In Approach To Religious Use of Mercury

The Inspector General's office of the U.S. Environmental Protection Agency issued a report yesterday (full text) concluding that the EPA is acting properly in addressing the risks of using the toxic metal mercury in religious rituals. Certain Latino and Afro-Caribbean religions, such as Santeria, Palo, Voodoo, and Espiritismo use mercury ritualistically, wearing it in amulets, sprinkling it on the floor in it s liquid form or adding it to a candle or oil lamp. While this can pose serious health hazards to those using it and to others living in the same building, the EPA has chosen to deal with the issue through a public education campaign instead of by regulation. The report concludes that this was proper, since regulation could drive the religious practices underground and might also pose First Amendment issues. It also concluded that the problem is not widespread and that United Nations action to reduce the use of mercury may help the problem. Reuters yesterday reported on the Inspector General's conclusions.

Plaintiff In Mt. Soledad Case Terminally Ill; New Plaintiff Added

Today's San Diego Union Tribune reports that Philip Paulson, plaintiff in the long-running litigation challenging the constitutionality of the Mt. Soledad cross, has been diagnosed with terminal liver cancer. Paulson's lawyer, James McElroy, said yesterday another plaintiff, Vietnam war veteran Steve Trunk, will be added to the case so that it can continue if Paulson dies. City Attorney Michael Aguirre said he would not oppose adding Trunk as a plaintiff, saying "It's an important issue and it needs to be resolved. We seek justice based on the merits. Seeking to take a cheap procedural advantage due to someone's health would not likely be viewed favorably by the court."

While Paulson said he expected that someone would say that this is God's revenge on him, Charles LiMandri of San Diegans for the Mt. Soledad National War Memorial had a much more charitable reaction: "We'll certainly keep him in our prayers. We don't have any ill will toward anyone. We wish he would spend his time more productively than pursuing this lawsuit. We feel his time could have been better spent."

Suit Threatened Over High School Bible History Course

Texas' East Central Independent School District is one of many which have begun to offer high school courses using The Bible in History and Literature curriculum. (See prior posting.) Now David Newman, a professor at Odessa College is threatening to sue, according to a report in yesterday's Odessa American. Newman objects that the teacher for the course, James Salisbury, is a Baptist minister. Newman also objects to the fact that the King James version of the Bible is the basis for the course. He says this gives the course a Protestant slant.

City Cannot Restrict Size of Anti-Abortion Signs On Parade Route

A minister and his family in Granite City, Illinois have won the right to hold large signs reflecting their religious beliefs about abortion on the sidelines of the city's Labor Day parade, according to a report yesterday from the Madison Record. A city ordinance prohibits signs larger than 8 1/2 by 11 inches within 25 feet of a parade route. However an Illinois federal district court has ruled that this violates the free speech rights of those who want to make their views known to politicians in the parade. Judge William Stiehl wrote:
There is no valid basis for the argument that an 8 1/2 by 11 inch sign is the least restrictive alternative available to meet the goals of free pedestrian traffic, unobstructed views by parade goers and public safety.... The Court is hard pressed to think of a more public forum than a Labor Day parade full of local, state and even national politicians who will travel down a major city street. This is precisely the type of forum that the courts have recognized as a critical venue for the free expression of speech by citizens.

WV School Board Agrees Not To Replace Stolen Jesus Painting

In a surprising development, the Harrison County, West Virginia School Board on Thursday unanimously voted to end its opposition to a pending lawsuit challenging the constitutionality of the display of a painting of Jesus that used to hang in Bridgeport High School. As reported in a prior posting, after the suit was filed, an unknown intruder stole the painting from the school. Now, according to today's Charleston Gazette, after being advised by its attorneys that the high profile case is now moot, the board voted to ask the plaintiffs to drop their lawsuit. In return, the board agreed that "if the reproduction is retrieved, [it] will not put the reproduction back up as it was previously situated." The ACLU and Americans United that filed the lawsuit say they will agreed to dismiss this portion of it so long as the School Board agrees not to put up another display that unconstitutionally endorses religion. However there may still be another shoe to drop. The student sector of the Christian Alliance at Bridgeport High School plans to present the school with a something to replace the painting-- but it will not reveal until this afternoon what that will be.

Viet Nam Says Protestant Churches Are Increasing

Viet Nam's Religious Affairs Committee Chairman Ngo Yen Thi says that the Prime Ministerial directive on the working of the Protestant church issued more than a year ago has successfully led to a substantial increase in the number of Protestant congregations. Viet Nam News Service yesterday reported that a number of new Protestant confederations have been formed and recognized by the government. Recognized Protestant chapters have been given land for churches. However opposition, particularly by the United Front for the Liberation of Oppressed Races, has impeded full implementation of the government directive. (See prior related posting.)

Thursday, August 31, 2006

New EEOC Chair Named

On Tuesday, the White House announced that President George W. Bush intends to designate Naomi Churchill Earp to be Chairman of the 5-member Equal Employment Opportunity Commission. Ms. Earp currently serves as Commissioner and Vice-Chair of the Commission. A Hampton Roads (VA) Daily Press story says that Earp is currently serving her second term on the EEOC, and that she previously worked at the EEOC in the 1980's as assistant to Supreme Court Justice Clarence Thomas when he served as EEOC chairman. The EEOC enforces six different federal civil rights laws that prohibit discrimination in employment, including religious discrimination.

Preacher Arrested For Decibel Level Of Revival

The Fort Payne (AL) Times-Journal yesterday reported that on Sunday, Fort Payne, Alabama police arrested an Oklahoma preacher at a tent revival, charging him with violating the city's noise ordinance. Guests at a nearby Holiday Inn had called police to complain about the noise level. Police on 3 visits to the revival requested organizers to turn down the amplifiers. While apparently some were turned off, the decibel level remained high and police finally handcuffed and arrested Rev. Dwayne Blue as he was leading the revival's closing prayer. When asked in municipal court how he wished to plead, Blue said "guilty, but I believe I was only guilty of praying". Later Blue explained, "We weren't being radical, we were just praying, and it wasn't a loud prayer. It was just a prayer to close out the services. I thought handcuffs and things of that nature were for criminals, but I don’t consider myself a criminal for praying for our country and praying for our nation and praying for revival. That’s not a criminal act." The court imposed a $50 fine, $173 in court costs and a suspended sentence of 24 months.

Some Russian Schools Introduce Courses On Religion

BBC News today reports that in four of the Russian Federation's 86 regions and republics, the history of Orthodox Christianity and its religious culture will begin to be taught as a required subject in public schools. Schools in eleven other regions will offer elective courses using a textbook on the history of world religions with extensive focus on Russian Orthodoxy. Russia's Constitution, Article 14(1) provides: "The Russian Federation shall be a secular state. No religion may be instituted as state-sponsored or mandatory religion." Officials emphasize that the new courses will focus on history, not on matters of faith. Other supporters of the move say they want to protect traditional spiritual values in the country where for many years, under Communist rule, teaching of religion anywhere was prohibited. Muslim leaders have reacted to the move by asking for more coverage in schools of Islamic culture.

UPDATE: A Sept. 5 JTA story describes the troubled reaction of Russia's Jewish community to these developments.

Indian Catholics Returning To Hinduism To Get Benefits As Dalits

In India, special laws reserve certain government jobs, bank loans and scholarships for dalits, individuals of of low-caste origin, to help remedy the discrimination that they have experienced. UCA News yesterday reported that Christians are denied these benefits because Christianity has never recognized the caste system. In the state of Raipur, the pro-Hindu BJP party has come to power, and is looking to identify Christians in order to deny them these special benefits. This has particularly impacted a group of Gada villagers who became Catholics 70 years ago, but continue to enroll their children in schools as dalit Hindus. It has also led some Christian converts to formally return to Hinduism to claim dalit status. The trend of Gada Catholics to desert their new-found religion began in the 1980's when Catholic Relief Services stopped providing aid to the villagers.

Another Church Zoning Suit Filed, This Time In Marietta, GA

In yet another zoning dispute between a church and city officials, in Marietta, Georgia, Rev. Frederick Anderson's Covenant Christian Ministries has filed suit in federal district court in Atlanta. The Atlanta Journal Constitution today said that Marietta City Council rejected a rezoning request to permit the church to build a sanctuary, school and dormitory on land the church purchased for $1.6 million. Refusing to look for a new location, Anderson says "This is where God wants us." The suit alleges free exercise, due process and RLUIPA violations.

Malay Muslims Must Sue To Get Change In Religious Status

In Malaysia, where there is ongoing debate over the respective jurisdiction of civil and Syariah courts when a Muslim wishes to convert, last Monday brought a new judicial precedent. Today's New Straits Times reports that in Malaysia's Labuan Federal Territory, a Syariah court dismissed a petition by Kenneth Wong Chun Chiak (also known as Kenny Abdullah) to have his name removed from the Labuan Federal Territory Islamic Council register. Syariah High Court judge Husin Ahamad said that Chiak had followed the wrong procedures. Wong had filed an affidavit with the Council stating that he had converted, and asking for the change in records. The court, however, said that before a Muslim could convert, he was required to file suit under the Federal Territory Syariah Court Civil Procedures Act against the Federal Territory Islamic Council, and ask the Syariah court to adjudicate whether he can renounce Islam.

Wednesday, August 30, 2006

Group Has Standing To Challenge California Textbook Decision

In California Parents for the Equalization of Educational Materials v. California Department of Education, CIV. S-06-532 FCD KJM (ED CA, Aug. 11, 2006). a California federal district court held that a non-profit organization formed to promote accurate portrayal of Hinduism in California's public schools has standing to pursue claims that California violated the First and Fourteenth Amendments in its 2005 revisions of its History-Social Science textbooks. The court permitted plaintiffs to proceed with their claim for injunctive relief against members of the State Board of Education. However the 11th Amendment bars their suit against state agencies themselves. CAPEEM's Aug. 11 press release give further information on the decision, as does an article in today's India Post. Another article in today's India Post gives background on the litigation. The review process in California has been contentious, and has led to at least one other lawsuit that is pending in state court.

En Banc Review Sought In Bible Monument Case

On Tuesday, according to the Associated Press, the Harris County, Texas Attorney's Office requested that the U.S. 5th Circuit Court of Appeals review en banc the 3-judge panel's August 15 decision in Staley v. Harris County. (See prior posting.) That decision upheld an Establishment Clause challenge to a monument on the Harris County courthouse grounds honoring Houston philanthropist William S. Mosher. The monument includes a Bible in a glass case as part of the display.

Is YMCA A Religious Organization?-- Colorado Tax Board Must Decide

The Colorado State Board of Assessment Appeals on Monday heard arguments in a challenge to the property tax-exemption that the state has given to the YMCA for its properties in two Rocky Mountain vacation areas-- Estes Park and Snow Mountain Ranch. The Longmont Daily Times-Call yesterday reported that the dispute centers on whether or not the YMCA's facilities are places of religious worship. YMCA attorney Stuart Lark said that the YMCA "is a Christian organization" committed to providing "a Christian environment" for people visiting the resort areas, even if those guests are not Christians themselves. Competing hotel owners say the tax exemption gives the YMCA an unfair competitive advantage.

Prayer For Rain Was Part of South Dakota's Call To Fight Drought

In a front-page story yesterday on the severe drought ravaging the Plains States, the New York Times mentioned that South Dakota Gov. Michael Rounds "recently sought unusual help from his constituents". He declared July 24-30 as a "week to pray for rain". The full text of the governor's Executive Proclamation calling for prayer focuses on the economic impact of the drought and the fire dangers it creates. In an accompanying press release, Gov. Rounds said: "We are a strong people and all can provide help in many ways, whether actually fighting the fires, providing assistance to the crews, or joining together in the power of prayer."