Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, December 23, 2006
Lawsuit Attempts To Prevent Pittsburgh Episcopal Diocese From Taking Property
Episcopal News Service yesterday reported on the latest legal steps being taken by the Episcopal Church of the United States to prevent the break-away Pittsburgh Diocese from taking church property with it. In 2005, a Pennsylvania state court approved the settlement of a lawsuit challenging the first steps by the diocese to break away and claim title to parish properties. The settlement provided that even if the majority of the diocese's congregations decide not to remain in the Episcopal Church, any diocesan real estate and endowments would be held by the remaining diocesan structure. Now that the Diocese last month took more formal steps to withdraw, plaintiffs in the earlier case have petitioned the court to enforce the 2005 settlement. A petition (full text) filed in Calvary Episcopal Church v. Duncan, (Com. Pl. Allegheny Co., Dec. 19, 2006), alleges that defendants are attempting to remove property from the Episcopal Church. It asks the court to order an accounting of the Diocese's real and personal property, and its use, since 2003 and to prohibit transfer of Diocese property to other entities.
House Hearings On International Religious Freedom
On Thursday, the U.S. House of Representatives Committee on International Relations held hearings on the State Department's 2006 International Religious Freedom Report. Statements by the following witnesses are available online: Committee Vice-Chairman Christopher Smith; Stephen M. Liston, Director of State Department's Office of International Religious Freedom ; Felice Gaer, Chair of U.S. Commission on International Religious Freedom; Thomas F. Farr, Former Director of State Department's Office of International Religious Freedom; Nina Shea, Director of Freedom House's Center for Religious Freedom; Pastor Bui Thien Hue of Houston, Texas; Joseph Kung, President of Cardinal Kung Foundation; and Berhane Sium, Eastern US Coordinator of the Eritrean National Salvation Front.
Friday, December 22, 2006
Future Of Religious Freedom In Turkmenistan Unclear After Dictator's Death
Yesterday, the leader of Turkmenistan, dictator Saparmurat Niyazov, died. Shortly after, Forum 18 reported that it remains unclear whether Niyazov's hostility to religious freedom will continue. The late dictator had invented a religion called Ruhnama, and imposed it on the country. An exiled Protestant said that "the transition leaders have already praised Niyazov and his policies and vowed to continue them." The country's Foreign Minister and other officials have refused to comment.
Controversy Continues Around Government-Sponsored Holiday Displays
As Christmas draws near, here is a roundup from around the world of stories from the past two days on governmentally sponsored holiday displays:
NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.
In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.
UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.
In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."
NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.
In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.
UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.
In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."
Virginia Congressman Reignites Controversy Over Swearing-In On Quran
Virginia Republican Congressman Virgil Goode has reignited a controversy over plans by a newly-elected Muslim congressman to take his oath of office on the Quran. (Washington Post.) Yesterday news media published a letter (full text) that Goode had sent to constituents who had written to him objecting to the swearing-in plans of Minnesota Congressman-elect Keith Ellison. The letter read in part:
The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)
Goode has refused to apologize for his remarks. (CNN). Congressman Ellison, however, responded charitably, saying he would like to meet with Goode to discuss Islam and find some "common ground." (CNN).When I raise my hand to take the oath on Swearing In Day, I will have the Bible in my other hand.
I do not subscribe to using the Koran in any way.... [I]f American citizens don't wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran....I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped.
The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)
No Free Exercise Problem In Denial Of Medicaid For Services In Israel
In Shagalow v. State, (MN Ct. App., Dec. 19, 2006), a Minnesota state court of appeals held that the state's refusal under the Medicaid program to pay for a young woman's residential habilitation program in Israel did not violate her religious freedom rights under the U.S. or Minnesota constitutions. Plaintiff claimed that the only residential habilitation program that adheres to her Jewish Orthodox practices (including gender segregation, strict observance of the Sabbath, and dietary restrictions) is one located in Jerusalem. The court found that the state's decision did not directly infringe plaintiff's religious practices. The state's refusal was based on its need to effectively monitor the quality, health, and financial integrity of services for which it paid.
Georgia State Board To Offer Minimal Guidance On Bible Courses
Earlier this year, the Georgia legislature enacted a law requiring the State Board of Education to create two optional courses on the history and literature of the Old and New Testament. (See prior posting.) Today's Atlanta Journal Constitution reports that the plan that will likely be adopted by the state board next month will offer little specific guidance to schools in designing the courses. It will provide that the goals of the half-semester courses will be to teach the origins and literary styles of the Bible, its major narratives, its influence on contemporary culture, and the development of translations. Courses can cover the history of the kingdom of Israel, the poetry of the Old Testament, the life and parables of Jesus, life and travels of the Apostle Paul and the influence of the Scriptures on literature, art, music, law and current events. The state board will not provide specific lesson plans or suggest reading materials other than the Bible which the law requires to be the basic text.
NY Court Upholds Zoning Charges Against Church
In City of Albany v. Trinity Church, (Alb. NY City Ct., Dec. 20, 2006), a New York state trial court denied a church's motion to dismiss charges against it alleging that it was occupying its building without a valid occupancy certificate and had changed the use of a building without a permit. The court rejected the church's claim that the charges violated its free exercise rights under the U.S. and New York constitutions. It held that the city's zoning laws are not specifically directed at defendant's religious practices, but are valid, content neutral laws of general applicability, adopted to promote the health, safety and general welfare of the public.
Thursday, December 21, 2006
New Study On Legal Developments Affecting Faith-Based Initiative
A release by the Roundtable on Religion and Social Welfare Policy announces the recent publication of a 116-page report titled The State of the Law 2006: Legal Developments Affecting Government Partnerships With Faith-Based Organizations. Authors Ira C. Lupu and Robert W. Tuttle say that this year's developments involve a mix of procedural and substantive concerns. The report covers the adequacy of guidance to faith-based organizations; government grants to increase faith-based organizations; faith-based programs in prisons; government chaplaincies; and the structure of Establishment Clause lawsuits challenging faith-based programs.
Italian Parliamentarians Use Nativity Scene To Promote Gay Rights
In Italy's Parliament, advocates of legislation permitting civil unions between same-sex couples found a graphic way to make their point on Wednesday. 365gay.com reports that two members of Italy's leftist coalition added figures of two same-sex couples to the nativity scene on display in Parliament. The small doll couples, holding signs promoting gay rights, were placed among the shepherds for a few minutes until Parliamentary pages removed them. Parliament members Bruno Mellano and Donatella Poretti said they wanted to show that gay couples have been around since the time of Jesus and that it is time for Italy to grant them legal rights.
Do Open Meeting Laws Prevent Sensitivity Training Of Fellow Public Official?
Yesterday's Toledo Blade reports that in suburban Perrysburg Township, Gary Britten, one of the three Township Trustees, used an offensive phrase that he apparently thought was just a "figure of speech" at the Township Trustees' meeting on Monday. After voting with fellow commissioners to give the township's deputy fire chief an extra week to negotiate a better price for two pieces of emergency medical equipment, Britten apparently urged the fire chief to "Jew him down". The remarkable legal twist to this incident is the reaction of a fellow Township trustee, Craig LaHote, after local rabbis were quoted in the press as urging someone to explain to Britten the offensiveness of his remark. LaHote said that Ohio's open meeting law (ORC Sec. 121.22) prevents a quorum of elected leaders from discussing township business outside of an official meeting. Since there are only three trustees, he said it would be illegal for him or board Chairman Bob Mack to discuss the matter with Britten privately.
Polish Legislators Propose Jesus As Honorary King; Church Demurs
The Associated Press yesterday reported that 46 members of Poland's 460-seat Parliament are supporting a resolution that would name Jesus Christ as the honorary king of Poland. The resolution has little chance of passing. It is not supported by the Catholic Church. Bloomberg News quotes Bishop Tadeusz Pieronek who said that the proposal "marks an overuse of religion for political goals." Archbishop Slawomir Glodz said "legislators should steer clear of things they have no idea about."
Requirements of Quran Will Be Defense In South African Corruption Appeal
Today's Mail & Guardian reports that in South Africa, convicted businessman Schabir Shaik will argue in his corruption and fraud appeal to the Constitutional Court that he was merely following the commands of the Quran in making 238 payments of money to then Deputy President of the Republic of South Africa, Jacob Zuma. Shaik's fraud conviction is based on the consolidation and writing off of loans to Zuma. Shaik will argue that the Quran calls for interest-free loans. And Surah 2, Verse 280, reads: "If the debtor is in difficulty, grant him time until it is easy for him to repay. But if ye remit it by way of charity, that is best for you if you only knew."
Bible-Carrying British Flight Attendant Challenges Saudi Travel Rules
In Britain, a flight attendant is taking her airline, BMI, before an Employment Tribunal charging religious discrimination. UPI today reports that the employee, who is a religious Christian, takes her Bible on all her travels. However, BMI, following the advice of the British Foreign Office that no religious materials other than the Quran are to be taken into Saudi Arabia, has banned her from taking the Bible on her flights to Saudi Arabia. BMI said it offered the flight attendant a transfer to short haul flights, but she turned down that alternative.
Swedish Company Refuses To Bargain With Union On Religious Grounds
Labor relations in Sweden are largely governed by the "Saltsjöbaden agreement", an agreement on collective bargaining between the Confederation of Labor Unions and the Swedish Employers Federation. However Ji-Ma Produkter, wood packaging company owned by members of the Plymouth Brethren religious movement, is refusing on Biblical grounds to enter into a collective bargaining agreement with the Swedish Forest and Wood Workers' Union. The company points to 2 Corinthians 6:14: "Do not be yoked together with unbelievers." Sweden's The Local earlier this week reported on the strike against the company called by the union in October. Neither side foresees an end to the controversy.
Wednesday, December 20, 2006
Nativity Movie Will Show After All In Chicago's Daley Square
This morning's Chicago Tribune reports that a trailer for the movie "The Nativity Story" will be shown after all in connection with Chicago's Christkindlmarket in Daley Plaza. Originally the sponsors of the festival, at the urging of the city's Office of Special Events, denied permission for New Lines Cinema to run continuous loops of the film at its booth. (See prior posting.) However, now the city has issued a permit for the film clips to be shown at another part of Daley Plaza where a nativity scene-- along with symbols of other faiths-- is already displayed. The permit was issued to a group of Christian attorneys and custodians of the existing Nativity display.
The Becket Fund for Religious Liberty, in a release circulated by e-mail this morning, says that the new decision came in "a matter of minutes" after the Becket Fund presented its Ebenezer Award on television to Chicago Mayor Richard Daley. The Award is "a specially designed Christmas stocking filled with lumps of coal, and is given each year to the individual responsible for the silliest affront to the Christmas and Hanukkah holidays."
The Becket Fund for Religious Liberty, in a release circulated by e-mail this morning, says that the new decision came in "a matter of minutes" after the Becket Fund presented its Ebenezer Award on television to Chicago Mayor Richard Daley. The Award is "a specially designed Christmas stocking filled with lumps of coal, and is given each year to the individual responsible for the silliest affront to the Christmas and Hanukkah holidays."
Nashville Council Defeats Proposed Grant To Inner City Ministry
In Nashville, Tennessee, city councilman Ronnie Greer had proposed a Resolution granting $5,000 to Nashville Inner City Ministry to support its life skills classes for inner city youth. However, as reported by Nashville's City Paper yesterday, the city's law department issued an opinion that, even though the grant would be used for transportation, it would violate the Establishment Clause because of the overall religious nature of Inner City Ministry. The blog Pith in the Wind reports that when the resolution came up at yesterday's Council meeting, "Greer and a few other members challenged the staff judgment that his measure is constitutionally unacceptable. Nonetheless, after Don Jones indicated that the law department would not allow the check to be written even if the bill does pass, Greer moved and the council voted to defer the resolution indefinitely."
2nd Circuit Permits NY Corrections Officers To Proceed With Religious Bias Claim
Yesterday, in Bey v. City of New York, (2d Cir., Dec. 19, 2006), the U.S. 2nd Circuit Court of Appeals reversed a New York district court's grant of summary judgment in a religious discrimination claim by two former New York City corrections officers who were fired after it was discovered that they filed false tax documents claiming that they were not subject to state and city income tax. Plaintiffs claim that out of the nearly 1,000 employees found to have filed false documents-- but who were not arrested and charged with tax violations-- the only employees who were fired were those who were (or were believed to be) members of the Moorish faith. The court held that plaintiffs may proceed to trial with their claim that they were singled out for special discipline because of their religious beliefs. A report by the Associated Press yesterday reports on the decision.
Two Texas Employment Discrimination Suits Charge Religious Bias
Two religious discrimination suits have recently been filed against governmental agencies in Texas.
Yesterday the Associated Press reported that two former employees of the University of Texas at Arlington have filed suit in federal district court claiming that their dismissal by the University constitutes religious discrimination. Last March, after learning that a male employee was having problems with a female co-worker, the two employees stayed after work to pray for the woman-- who was on vacation. They met at her office cubicle, prayed for her, and-- in the religious tradition of one of them-- dabbed olive oil on the door frame of the cubicle. The University, saying that it has been upheld by the Texas Workforce Commission and the Texas Equal Employment Opportunity Commission, said: "praying, shouting and/or chanting over a co-workers personal and professional belongings without her knowledge and consent constitutes harassment of a fellow co-worker. In addition, rubbing this co-worker's cubicle with oil is blatant disregard for university property, both of which are identified as behavior that is grounds for dismissal."
Meanwhile, in Austin, KVUE News reports that a former police officer has filed a religious discrimination suit against the city's former police chief and three other officers. Derek Howard, attorney representing former officer Ramon Perez, said that Perez was fired in April 2005 "for refusing to use a taser on an older, physically-compromised individual who was easily restrained with less force, and second, because he was a Christian fundamentalist who home-schooled his children."
Yesterday the Associated Press reported that two former employees of the University of Texas at Arlington have filed suit in federal district court claiming that their dismissal by the University constitutes religious discrimination. Last March, after learning that a male employee was having problems with a female co-worker, the two employees stayed after work to pray for the woman-- who was on vacation. They met at her office cubicle, prayed for her, and-- in the religious tradition of one of them-- dabbed olive oil on the door frame of the cubicle. The University, saying that it has been upheld by the Texas Workforce Commission and the Texas Equal Employment Opportunity Commission, said: "praying, shouting and/or chanting over a co-workers personal and professional belongings without her knowledge and consent constitutes harassment of a fellow co-worker. In addition, rubbing this co-worker's cubicle with oil is blatant disregard for university property, both of which are identified as behavior that is grounds for dismissal."
Meanwhile, in Austin, KVUE News reports that a former police officer has filed a religious discrimination suit against the city's former police chief and three other officers. Derek Howard, attorney representing former officer Ramon Perez, said that Perez was fired in April 2005 "for refusing to use a taser on an older, physically-compromised individual who was easily restrained with less force, and second, because he was a Christian fundamentalist who home-schooled his children."
Concern Expressed Over Romania's New Religion Law
Last week, Romania's Parliament passed and sent on to the President a controversial new Religion Law. A Forum18 report says that deputies did not have the required five days to consider the report and amended text from the Chamber's Juridical and Human Rights committees before voting on the bill. The text of the bill is available in Romanian on the Parliament's website.
Yesterday, Senator Sam Brownback (R-KS) and Rep. Christopher H. Smith (R-NJ), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe (Helsinki Commission), wrote Romanian President Traian Basecu urging him to return the bill to Parliament for further refinement. (CSCE Release.) Saying that the current draft would be incompatible with Romania's OSCE religious freedom commitments, they continued: "The draft law's shortcomings include the creation of a tiered system of recognition which privileges some religions over others; the establishment of a high numerical threshold that a religious group must surmount in order to receive the most preferential legal status; and the establishment of a 12-year waiting period a religious group must undergo before receiving 'religion' status."
Yesterday, Senator Sam Brownback (R-KS) and Rep. Christopher H. Smith (R-NJ), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe (Helsinki Commission), wrote Romanian President Traian Basecu urging him to return the bill to Parliament for further refinement. (CSCE Release.) Saying that the current draft would be incompatible with Romania's OSCE religious freedom commitments, they continued: "The draft law's shortcomings include the creation of a tiered system of recognition which privileges some religions over others; the establishment of a high numerical threshold that a religious group must surmount in order to receive the most preferential legal status; and the establishment of a 12-year waiting period a religious group must undergo before receiving 'religion' status."
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