Still No Agreement Over Women's Protection Bill In Pakistan

The New York Times reported yesterday that the Pakistani government has encountered continued opposition from some Muslim clerics over its attempt to enact the Women's Protection Bill that would amend the Hudood Ordinance of 1979. A vote planned for Wednesday was postponed. Under the government's original proposal, rape cases would be moved from Islamic courts to civil courts, and accusers in adultery cases would have to appear before a court instead of just filing complaints with the police. It would also raise the age of consent to 16, and allow women as well as men to be one of the four required witnesses to prove adultery. Under a compromise agreement this week, the punishment would remain the same for women for rape and adultery, though a judge could under some circumstances elect to use the country's civil law instead of Sharia. Another proposal would criminalize "lewdness", including consensual sexual relations. Some supporters of the original bill say these changes are unacceptable. (See prior posting.)

Religious Amusement Parks and Tax Breaks

An article published in McClatchy Newspapers today explores the issue of property tax exemptions for religious-themed amusement parks. Florida has passed a special property tax exemption for theme parks like Holy Land. (HB 7183). Some tax officials argue that these operations should be taxed like other amusement parks, and not like religious organizations.

Pope's Remarks Anger Muslim Countries

Anger spread across the Muslim world today at remarks made last Tuesday by Pope Benedict XVI in an address to scientists at the University of Regensburg, where he was a professor and vice rector from 1969 to 1971. (Bernama; Investors Business Daily.) The Pope titled his address "Faith, Reason and the University" (full text). In his remarks, the Pope decried the use of force, rather than reason, to convert individuals to a particular religious belief. In making his point, the Pope referred to statements made in 1391 by Byzantine emperor Manuel II Paleologus, who, in debating an "educated Persian" on the subject of Islam and Christianity, said: "Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached."

Pakistan's Parliament unanimously passed a resolution condemning the Pope's remarks, and in Turkey a leader in the Prime Minister's party said the Pope would go down in history with leaders like Hitler and Mussolini for his remarks. (The Independent.) The Egyptian-based Muslim Brotherhood said Islamic countries should consider breaking diplomatic relations with the Vatican unless the remarks are withdrawn. (ITV.) In response, the Vatican issued a statement, saying that the Pope wishes to "cultivate an attitude of respect and dialogue toward other religions and cultures, obviously toward Islam too.... What is at the Pope's heart is a clear and radical refusal of the religious motivation of violence."

TRO Denied To Funeral Protesters

In St. Louis yesterday, a federal judge refused to issue a temporary restraining order to prevent enforcement of Missouri's law against demonstrating at funerals. The St. Louis Post Dispatch reports on the decision. The law is being challenged by Shirley Phelps-Roper, a member of the Westboro Baptist Church. Her group has gained notoriety for picketing funerals of veterans of the Iraq and Afghanistan wars, holding signs claiming that soldiers' deaths are punishment by God of the United States for sins such as tolerating homosexuality. U.S. District Judge Stephen N. Limbaugh said that church members would not be irreparably harmed by not being able to protest at Sunday's funeral of Jeremy R. Shank, who was killed by small arms fire in Balad. Another lawsuit has already been filed challenging Missouri's law. (See prior posting.)

Native Americans Argue Snowbowl Appeal In 9th Circuit

Yesterday the U.S. Ninth Circuit Court of Appeals heard arguments in The Navajo Nation v. U.S. Forest Service, a challenge by various Southwestern Indian tribes to the expansion of an Arizona ski resort. Associated Press reports on the arguments over what would be the country's first ski resort to use entirely reclaimed sewage water to make snow. Scott Canty, attorney for the Hopi Tribe, argued that man-made snow would desecrate the mountain that is sacred to 13 Southwestern tribes. Jack Trope, attorney for the Hualapai tribe, said that the artificial snow could melt into a nearby spring used by the tribe for healing ceremonies, making the waters unusable for spiritual purposes. The lower court had rejected the tribes' First Amendment and RFRA claims. (See prior posting.)

Michigan House Passes Bills To Permit Rejection Of Gay Adoptions By Agencies

Pride Source reports that last week, Michigan's House of Representatives passed two companion bills that would allow faith-based adoption agencies to refuse to place children with same-sex parents if they have "written religious moral convictions or policies" against homosexuality. HB 5908 and HB 5909 also prohibit the state from considering such policies adversely in its dealings with faith-based agencies. The votes on the bills were 69-37.

Study Finds Behavioral Changes When "Blue Laws" Are Repealed

Richard Morin's column in today's Washington Post calls attention to a fascinating empirical study of the impact of repealing Sunday closing laws. Recently published by the National Bureau of Economic Research, Jonathan Gruber & Daniel M. Hungerman, The Church vs the Mall: What Happens When Religion Faces Increased Secular Competition?, concludes that the repeal of "blue laws" has definite effects on the behavior. Here is part of the Abstract:

We ... use a variety of datasets to show that when a state repeals its blue laws religious attendance falls, and that church donations and spending fall as well. These results do not seem to be driven by declines in religiosity prior to the law change, nor do we see comparable declines in membership or giving to nonreligious organizations after a state repeals its laws.... We find that repealing blue laws leads to an increase in drinking and drug use, and that this increase is found only among the initially religious individuals who were affected by the blue laws.... [T]he gap in heavy drinking between religious and non religious individuals falls by about half after the laws are repealed.

The full report is available online from SSRN at a cost of five dollars.

Wiccan Symbol Will Go On Memorial Plaque For Veteran

While Nevadan Roberta Stewart has still not gotten the federal Department of Veteran's Affairs to approve the use of a Wiccan symbol on the grave marker of her deceased husband who was killed in Afghanistan, she has received a more sympathetic reception from state officials. The Nevada Office of Veterans Services has approved placement of a plaque containing a pentacle on the Veterans' Memorial Wall at the Northern Nevada Veterans Memorial Cemetery in Fernley, NV. It will be ready for installation by Sept. 25, the one-year anniversary of Patrick Stewart's death. Today's Reno Gazette-Journal and today's Nevada Appeal report on these developments. The deceased serviceman was a member of Nevada's National Guard.

Ohio School District Will Not Defend Its Win Before 6th Circuit

The Toledo Blade yesterday reported that the Rossford, Ohio Board of Education has voted, 3-2, not to spend the money that it will cost defend its victory in a church-state case. At the end of July, an Ohio federal district court rejected claims of a Christian rock band that it had been discriminated against when its planned concert at Rossford (Ohio) High School was cancelled out of concern that it might violate the Establishment Clause. (See prior posting.) The band appealed, represented by the Rutherford Institute. The Rossford board will enter settlement discussions with the band.

Baltimore Archdiocese Can Tear Down Historic Building

On Tuesday, Maryland's Court of Appeals (its highest court) denied certiorari in Mt. Vernon Belvedere v. Dept. of Housing, ending attempts by preservationists to prevent the Archdiocese of Baltimore from tearing down a 100-year old apartment building in order to build a prayer garden. (See prior posting.) Yesterday's Baltimore Sun reported that Paul Warren, president of the Mount Vernon Belvedere Association that was challenging the Archdiocese's plans, reacted bitterly: "It is disgusting that the archdiocese will succeed, with a Catholic mayor's acquiescence, in demolishing a key Baltimore historic asset.... [T]he archdiocese is using the church-state laws not as the shield they were intended to be, but as a sword to gain privileges none of the rest of society has been granted.

Indian State To Amend Its Anti-Conversion Law

In the Indian state of Gujarat, the Cabinet has decided to propose liberalization of its anti-conversion law that had been enacted in 2003, according to yesterday's Times of India. The amendments to the Freedom of Religion Act will eliminate the need for government approval of conversion between sects of the same religion. It will consider Hinduism, Buddhism, Jainism and Sikhism all sects of a single faith for these purposes. The amendments will be presented to the Assembly during its Sept. 18-19 session. The government hopes that this will permit it to implement the 2003 statute which it so far has not enforced because of doubts about its legality.

UPDATE: On Sept. 19, the amendments to the Freedom of Religion Act were passed by the State Legislative Assembly. However opponents vigorously protested the law's description of Buddhism and Jainism as Hindu denominations. (Express News Service.)

Puzzling Developments In Ohio On Intelligent Design

What is Ohio's State Board of Education doing? After much speculation that it would be adopting a "Controversial Issues Template" that might permit discussion of Intelligent Design in the classroom, on Monday a board subcommittee failed to vote on the proposal. The Akron Beacon Journal says that instead, the subcommittee spent the two hours allocated to the issue rewriting the minutes of its July meeting to remove references in them to Intelligent Design. The original July minutes referred to other controversial issues, such as global warming, cloning and stem-cell research. Apparently, however, these were in fact not discussed, and Monday's revised minutes delete references to them.

Dutch Justice Minister-- Sharia Could Be Established Democratically

In Netherlands, Justice Minister Piet Hein Donner said that if enough people vote for it, the country should be able to adopt Islamic law. The statement is reported Wednesday in WorldNet Daily. It came in reaction to parliamentary leader Maxime Verhagen who argues that the country should ban parties wanting to establish Islamic law. Donner said that Muslims have a right to practice their religion in ways that are different from Dutch social norms, and concluded that Muslim groups should be able to come to power through democratic means.

Study Says Texas High School Bible Courses Are Sectarian

Today's San Antonio Express News reports on a study by the Texas Freedom Network that finds a majority of Bible courses offered as electives in Texas high schools are devotional and sectarian rather than academic. The report says:

with a few notable exceptions, the public school courses currently taught in Texas often fail to meet minimal academic standards for teacher qualifications; curriculum, and academic rigor; promote one faith perspective over all others; and push an ideological agenda that is hostile to religious freedom, science and public education itself.

Courses are often taught by teachers with no academic training in biblical, religious or theological studies, and sometimes are taught by local clergy. However the report cited 3 districts that presented courses in a much more neutral manner. The full text of the report, titled Reading, Writing and Religion: Teaching the Bible in Texas Public Schools, is available online.

Masorti Movement Wins A Small Victory In Israel

In Israel, just a day before a hearing was to be held in the High Court of Justice, the Jerusalem Post reports that a compromise was reached between the religious council in the Negev settlement Meitar and its local Masorti (Conservative) synagogue. The Council agreed to advertise the times of Masorti services for the Jewish High Holidays along with publicizing Orthodox services. Orthodox Rabbi Moshe Bigal had ordered the Council not to advertise for the Masorti Movement, saying: "Jewish law does not permit me to advertise them. I cannot condone a movement that did nothing to prevent assimilation in the US. For me the Conservatives are not a part of Judaism. It's as if a church or mosque asked me to advertise for them."

Church May Be Liable For Negligent Supervision Of Minister-Marriage Counselor

Here is a case from a few months ago that has not previously been noted. In Vione v. Tewell, (Sup. Ct. NY County, May 19, 2006), a New York trial court held that it would not unconstitutionally impinge on ecclesiastical issues if it moved forward with plaintiff's claims that a minister was having an affair with his wife at the same time he was providing secular marriage counseling to the couple. The court said that a claim had been stated for breach of fiduciary duty by the minister acting as marriage counselor, but that the church was not vicariously liable because the minister was acting outside the scope of his duties in having sexual relation with plaintiff's wife. However the church could be liable for negligent retention and supervision of the minister.

Suit Challenges Faith-Based Grants To Marriage Institute

Yesterday, on behalf of 13 Washington state taxpayers and residents, Americans United for Separation of Church and State filed suit challenging two federal faith-based grants awarded to the Northwest Marriage Institute. (Press release.) The complaint in Christianson v. Leavitt (full text) says that the Institute, formed to provide Bible-based pre-marital and marriage counseling, has used federal funds for staff salaries, for educational materials and to set up a web site that promotes fundamentalist religious beliefs. The complaint alleges that there are not adequate safeguards to prevent federal funds from being used for religious purposes in violation of the Establishment Clause. It seeks an injunction against future grants to the Institute and an order requiring the Institute to repay funds it has already received.

Covering the filing of the suit, today's New York Times interviewed Bob Whiddon Jr., director of the Northwest Marriage Institute, who argued that the federal grants could legally be used to increase the capacity of his organization to serve the community. George Washington University Law Professor Robert Tuttle criticizes the government for not providing clear guidelines on the use of federal faith-based funds.

Chaplain's Court Martial Begins

The court martial trial of Navy Chaplain Gordon J. Klingenschmitt began yesterday. The Associated Press reported that the case turns on whether or not Klingenschmitt violated an order regarding when he could wear his Navy uniform. A superior officer had ordered him not to wear it during media appearances without first receiving permission, but said he could be in uniform if conducting a worship service. At issue is whether his leading two prayers in uniform at a press conference held in front of the White House violated that order. The news conference was called by the Foundation for Moral Law, headed by former Alabama Supreme Court Justice Roy Moore. It is expected that Moore-- who became famous when he erected a large 10 Commandments monument in the lobby of the Alabama Supreme Court's building-- will testify on Klingenschmitt's behalf. Klingenschmitt, an Evangelical Episcopal priest, has been on a long campaign against Navy rules that call for chaplains to deliver only non-denominational prayers, except when they are conducting their own denomination's religious services. (See prior posting.)

UPDATE: After deliberating for 1 hour and 20 minutes, a jury of 5 officers on Wednesday found Klingenschmitt guilty of disobeying a senior officer's order. Klingenschmitt's attorney called no witnesses for the defense, instead arguing that the government's evidence demonstated his client's innocence. The jury returns on Thursday to determine the appropriate sentence, which could be forfeiture of 2/3 pay for a year and a reprimand. (Associated Press)

UPDATE: On Thursday, the court martial decided that Klingenschmitt should receive a letter of reprimand. The jury also recommended that he lose $250 per month of his pay, but the court suspended that part of the sentence. Klingenschmitt says he will appeal. (WAVY-TV, Norfolk, VA.)

2nd Circuit Rejects Establishment Clause Challenge To Legal Services Restrictions

The U.S. Second Circuit Court of Appeals has rejected a rather ingenious Establishment Clause argument in a suit challenging federal restrictions on local legal assistance programs that receive federal funding through the Legal Services Corporation. The restrictions relate to the organizations bringing class actions, seeking certain types of attorneys' fees and engaging in in-person client solicitation. When a local program receives non-federal money as well, it can create an affiliate organization to use funds for otherwise prohibited purposes, but only if it meets strict requirements of separation between the two organizations. In Brooklyn Legal Services Corp. B v. Legal Services Corporation, (2nd Cir., Sept. 8, 2006), challengers argued that under the President's faith-based initiative, religious organizations that receive federal funds have less stringent separation requirements for assuring that federal funds are not used for their religious activities. The court rejected the argument that this amounts to an unconstitutional discrimination against secular speech.

Scientologists Lose Challenge To Nebraska Infant Blood Test Law

Nebraska's required blood test for newborns to screen them for eight metabolic diseases that can cause mental retardation or death if left untreated was upheld against constitutional challenges brought by a couple who follow the teaching of the Church of Scientology. They believe that parents should insulate their newborns from pain during the birth process and for the first seven days of life. In Spiering v. Heineman, 4:04 CV 3385 (D NE, Sept. 12, 2006), a Nebraska federal district court rejected free exercise, due process and Fourth Amendment challenges. The Associated Press yesterday reported on the decision. Nebraska is one of only four states that do not have religious exemptions to their laws on screening of newborns, and is the only state that permits courts to force parents to have their children tested.

The court spent most of its opinion on plaintiffs' free exercise challenge. It held that the requirement is a neutral law of general applicability, and as such the legislature needed only a rational basis for imposing the regulation. (See prior related posting.) [Thanks to How Appealing for posting the opinion.]