Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, July 17, 2007
Harry Potter Launch Time Creates Legal and Religious Issues In Israel
In Israel, the agreement by bookstores to synchronize their launch of J.K. Rowling's newest Harry Potter book with booksellers in the rest of the world has created legal problems. The launch in Israel is to be at 2:01 a.m. Saturday, local time-- during the Jewish Sabbath. However, Israeli law prohibits employers from forcing Jewish employees to work on the Saturday. (Hours of Work and Rest Law, 1951). And, as In Context explains, under Israeli law bookstores in some locations can be open on the Sabbath, while those in other places cannot. According to today's Haaretz, Industry and Trade Minister Eli Yishai has threatened to prosecute and fine any bookstore that opens in violation of the law. Israel's largest bookstore chain, Steimatzky, says it will to go ahead with its planned Friday night celebration in Tel Aviv to launch the new title, Harry Potter and the Deathly Hallows.
British Girl Loses Court Battle to Wear "Chastity Ring" In School
A High Court in London has rejected a suit by a 16-year old high schooler who claims that her school's ban on jewelry violates religious freedom protections of the European Convention on Human Rights. Reuters yesterday reported on the decision that rejected Lydia Playfoot's argument that she should be allowed to wear her silver ring that is a symbol of her commitment to sexual abstinence until marriage. Lydia's parents are leaders in Britain of a group that encourages teenage chastity-- the Silver Ring Thing . Her West Sussex school allows exceptions for jewelry that is integral to religions beliefs, but they argue that Playfoot's purity ring in not integral to her Christian faith. (See prior related posting.)
Alberta Commission Begins Hearing On Charges Of Anti-Gay Provocations
Yesterday in Canada, the Alberta Human Rights and Citizenship Commission began hearing evidence in a case brought by University of Calgary Professor Darren Lund against Rev. Stephen Boissoin. Today's Globe and Mail reports that the charges are based on a letter from the Christian minister published in an Alberta newspaper-- the Red Deer Advocate-- that urged readers to "take whatever steps are necessary to reverse the wickedness" of the "homosexual machine." The letter, published under the caption "Homosexual Agenda Wicked" argued that "enslavement to homosexuality can be remedied." Two weeks later, a 17-year old was beaten by another man who followed him home and said to him, "You're a faggot, right?".
In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.
In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.
Australian Court Upholds Decision That Rabbi's Contract Has Expired
In Engel v. The Adelaide Hebrew Congregation, Inc., (S. Austr. Sup. Ct., June 26, 2007), the Supreme Court of South Australia upheld a decision of a lower court that a rabbi's contract with his congregation had expired, and he was obligated to give up possession of property that the synagogue had provided for him. JTA provides more background on the six-month legal battle in the case, as does this prior posting. Rabbi Yossi Engel-- who argues that he has tenure in his position-- contended that the court should have stayed proceedings while his dispute was heard by a Bet Din (Jewish rabbinic court). Originally the synagogue's board refused to submit the matter to the Sydney Bet Din that has jurisdiction over Adelaide, and that Bet Din issued a contempt order against the board. Ultimately the parties agreed to have the case heard by a Bet din in London. The court, however, said: "even if Rabbi Engel has a remedy under Jewish law, which would result in an order under that law that he be restored as rabbi and given possession of the property, this Court would not enforce such an order by injunction or by order for a specific performance."
Court Says College Instructor Can Recover Attorney Fees In Bias Suit
Today's Miami Herald reports that a Florida federal district judge on Friday ruled that a Broward Community College instructor was the prevailing party so that he can collect attorneys' fees in his employment discrimination case, even though the jury awarded him no damages. James W. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. Johnson, who has taught part-time for 13 years, has been consistently passed over for a full time appointment. The jury left a note saying that the college had a ''religious bias that is clearly infecting some of its courses in the religion department.'' However it awarded no damages because it found that, while religion "was a substantial motivating factor" in making course assignments, there may also have been other reasons why the college acted as it did. Johnson plans to appeal the failure to recover damages. (See prior related posting.)
Bahrain To Increase Government Control Of Mosques
Bahrain's Ministry of Justice will issue an order in the near future creating a media department at the Ministry that will be responsible for organizing and supervising mosques. Gulf News today reports that the increased monitoring is aimed at countering the politicization of mosques and the disunity among Muslims that they are creating as their activities have increasingly been controlled by various Islamic factions and groups.
Poland Requires Stores To Close On Catholic Holidays
Poland's Parliament has passed a law prohibiting retail sales on Roman Catholic feast days, as well as on Poland's Constitution and Independence Day. Ecumenical News International reports that the bill, passed earlier this month, requires stores to remain closed on Easter, Pentecost, Corpus Christi, the Feast of the Assumption, All Saints Day, Christmas and New Years' Day. In all, 12 days are covered. Restaurants, hotels, gasoline stations and small stores with single owners are exempt.
Monday, July 16, 2007
Welsh Court Quashes Order To Slaughter Diseased Sacred Bullock
The BBC today reports that a High Court judge in Wales has quashed the rulings made by local officials in Carmarthenshire ordering a sacred Friesian bullock, kept by a local Hindu Temple, to be slaughtered because it tested positive for tuberculosis. (See prior posting.) Monks from the Skanda Vale Temple had filed suit alleging that the order violated their right to practice their religion protected under Section I, Article 9 of the European Convention on Human Rights. Judge Gary Hickinbottom wrote that local officials will now "be obliged to reconsider the public health objectives that underlie behind the surveillance and slaughter policy, and come to a view as to whether, in the reasonable pursuit of those objectives, the slaughter of this animal (or some less intrusive measure) would be proportional given the serious infringement of the community's rights under Article 9 that slaughter would involve."
Group Criticizes House Committee Vote On Abstinence Education As Religiously Biased
A subcommittee of the Appropriations Committee of the U.S. House of Representatives last month approved a $32 million increase in funding for the Community Based Abstinence Education Program, despite a recent study indicating that the program is not successful in changing teen behavior. (In These Times.) Now apparently the full Appropriations Committee has approved the increase as well. This came as Congress last week sent to the President a 6-month extension of the program. The Secular Coalition for America today issued a press release criticizing the Appropriations Committee vote as "an unfortunate continuation of failed policies based on theology rather than fact". It said that the vote reflects "a clear religious bias" and that the programs have been "developed by individuals who put theology above education".
St. Louis Mosque Gets Unexpected Help In Its Rezoning Fight
Today's St. Louis Post Dispatch reports that after the St. Louis County Council rejected a rezoning request by the Islamic Community Center to permit it to build a mosque on property it owns that is zoned only for commercial use, the grandson of a St. Louis area rabbi has joined in the fight to overturn Council's decision. The county's Planning Commission had recommended approval of the rezoning, but in April Council (by a 4-3 vote) surprising rejected the recommendation that the congregation, made up largely of Bosnian immigrants, be permitted to build on the site. That led the mosque to sue under the Religious Land Use and Institutionalized Persons Act. Rick Isserman, who is now helping the mosque, says that his grandfather, Rabbi Ferdinand Isserman waged a similar, and successful, battle 48 years ago to move his synagogue, Temple Israel, from the city to suburban Creve Couer. Temple Israel's current rabbi, Mark Shook, speculated that Council was concerned with losing the tax revenue from the property if it rezoned it to permit a tax-exempt religious institution to be built on it.
Wyoming City To Dedicate 10 Commandments In Monument Plaza
The movement toward erecting Ten Commandments monuments on public property continues. In Casper, Wyoming today the city will dedicate an "historic monument" plaza containing a Ten Commandments monument that was donated to the city in 1965 and was displayed in a city park until 2003 when it was removed under threat of a lawsuit. The new plaza will also feature five other monuments. They depict the Declaration of Independence, the Preamble to the U.S. Constitution, the Mayflower Compact, the Bill of Rights and the Magna Carta. Today's Jackson Hole Star Tribune reports that the city previously rejected an offer by Rev. Fred Phelps of Topeka, Kansas' Westboro Baptist Church to put up a monument declaring that University of Wyoming student Matthew Shepard, murdered because he was gay, is in hell.
Israeli Interior Minister Proposes Change In Religion-State Status Quo
Yesterday's Jerusalem Post reports that Israel's Interior Minister, Meir Sheetrit, has proposed two controversial changes in Israeli law. He wants to limit those who can enter the country and become citizens under the Law of Return to individuals who are Jewish according to halacha (Rabbinic law). Currently the law is broader. It includes anyone with a Jewish grandparent and their spouses. Sheetrit says that 70% of recent immigrants from the former Soviet Union are not Jewish halachically. The right-wing Israel Beiteinu party strongly opposes this reform.
Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.
Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.
Sunday, July 15, 2007
New Report Details Persecution Of Hindus In 11 Countries
Last week, the Hindu American Foundation released its third annual report on human rights problems faced by Hindus in various countries around the world. The 200-page report titled Hindus in South Asia and the Diaspora: A Survey of Human Rights 2006 covers eleven countries in which persecution of Hindus is of particular concern: Afghanistan, Bangladesh, Bhutan, Fiji, the Indian state of Jammu and Kashmir, Kazakhstan, Malaysia, Pakistan, Saudi Arabia, Sri Lanka, and Trinidad and Tobago. The Executive Summary lists the specific recommendations as to each country.
LA Catholic Archdiocese Reaches $660 Million Settlement With Abuse Victims
The Roman Catholic Archdiocese of Los Angeles yesterday reached a $660 million settlement agreement with hundreds of priest sexual abuse victims, less than 48 hours before the case was to come to trial. The Washington Post today reports that the settlement, which averages $1.3 million per victim, also calls for the release of confidential priest personnel files. A Los Angeles County judge had already ruled that Cardinal Roger Mahony could be forced to testify if the case came to trial and that four of the abuse victims could sue for punitive damages. Three Catholic orders refused to participate in the settlement. Previously, 86 other cases had already been settled for $114 million. The Archdiocese will sell its administrative building and other properties to raise funds for the settlement.
Russian Court Closes Down Local Scientology Center
Last week, a City Court in St. Petersburg, Russia ordered the city's Scientology Center to close. Interfax reported Friday that the city prosecutor had filed suit after Justice Ministry inspections revealed the Center was conducting unlicensed educational activities. It also offered "auditing" and "purification", activities that went beyond the terms of its charter.
"In God We Trust" To Go Into New City Hall In California
The Brentwood (CA) Press on Friday reported on an emotional meeting of Oakley, California's City Council last Monday at which Council voted 4-1 to place the national motto "In God We Trust" in the lobby of the new city hall that is being built. The motto "E Pluribus Unum" will also be displayed. The city's motto "A Place for Families in the Heart of the Delta" will be displayed elsewhere in the building.
Saturday, July 14, 2007
Time Magazine Features Democrats' Embrace of Religion
The cover story of this week's Time Magazine is How The Democrats Got Religion. It reports:
The democrats' courtship of religious voters exploits a rare Republican predicament: disillusioned with Bush's stewardship and serial scandals, many religious conservatives see a field in which their preferred candidates can't win, and those who can win include, for now, a politically elastic Mormon; the twice-divorced, pro-choice, gay-friendly former New York City mayor; and a maverick who called conservative religious leaders "agents of intolerance" the last time he ran.Along with the feature article, the issue carries a report on a poll of voters' views of leading candidates religiosity. The issue also carries a background piece titled The Origins of the God Gap.
Lay Leaders Added As Defendants In Episcopal Church Property Dispute
Both sides are raising the rhetoric in the property dispute between the Episcopal Diocese of Virginia and eleven breakaway parishes that have affiliated with African Anglican bishops. (See prior posting.) Virtue Online reported on Friday that the Diocese has amended its lawsuit to add as defendants a number of individuals who were elected as vestry members in each church after the spit off. Jim Oakes, speaking for all the break-away churches, said that suing lay members was an attempt "to terrorize us". He said that under Virginia law, voluntary leaders of non-profit organizations are immune from liability unless they engaged in willful misconduct or criminal negligence. He accused attorneys for the diocese and the Episcopal Church of following "a scorched earth policy".
Oregon Zoners Reject Church Site Despite Claim That A Vision Inspired Its Location
The Jackson County, Oregon Planning Commission decided earlier this week that the owners of Circle of Teran-- a spiritual retreat site-- have not shown that they are entitled to an exception from the county's prohibition on churches within three miles of an urban growth boundary. The owners, Scott and Sulara Young, want to use the house they have built as a church. According to yesterday's Southern Oregon Mail Tribune, Planning Commissioner Don Greene said that a church could be built elsewhere on the Youngs' 1700 acre property without running afoul of the zoning restriction. Invoking the Religious Land Use and Institutionalized Persons Act, however, Scott Young said that the he and his wife had a vision that led them to build the house where it is now located.
Recent Prisoner Free Exercise Cases
In Carter v. Howard, 2007 U.S. Dist. LEXIS 49628 (CD IL, July 10, 2007), an Illinois federal district court rejected a claim by a prisoner that his free exercise rights were violated when he was prevented from attending communal religious services while in disciplinary segregation.
In Greenlaw v. Hill, 2007 U.S. Dist. LEXIS 49443 (D OR, June 27, 2007), an Oregon federal district court rejected an inmate’s free exercise claim stemming from a one-year delay in providing him with pureed kosher food after his teeth were extracted due to gum disease.
In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 48804 (D AZ, July 5, 2007), an Arizona federal district court rejected a prisoner’s challenge to a jail’s policy of allowing only three detainees per week to attend religious services.
In Al-Barr v. Lewis, 2007 U.S. Dist. LEXIS 48269 (ED CA, July 3, 2007), a California federal magistrate judge recommended dismissal of most of the claims brought by a Nation of Islam prisoner who alleged that NOI inmates were denied access to the prison chapel for religious study groups, and that at various times they were excluded from Ramadan services and various Islamic events. Plaintiff alleged free exercise and equal protection violations. He was permitted to move ahead only with one of his equal protection claims.
In Blount v. Milgrum, 2007 U.S. Dist. LEXIS 48172 (WD VA, July 2, 2007), a Virginia federal court dismissed for failure to exhaust administrative remedies a prisoner’s claim that his religious rights were violated when, on one occasion, Prison authorities gave him a non-kosher "loaf meal" in retaliation for his filing a grievance.
In Lancaster v. Tilton, 2007 U.S. Dist. LEXIS 48403 (ND CA, June 21, 2007), a California federal district court held that San Quentin prison officials were ignoring provisions of a consent decree requiring group religious services and counseling on a regular schedule for certain death row inmates.
In Greenlaw v. Hill, 2007 U.S. Dist. LEXIS 49443 (D OR, June 27, 2007), an Oregon federal district court rejected an inmate’s free exercise claim stemming from a one-year delay in providing him with pureed kosher food after his teeth were extracted due to gum disease.
In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 48804 (D AZ, July 5, 2007), an Arizona federal district court rejected a prisoner’s challenge to a jail’s policy of allowing only three detainees per week to attend religious services.
In Al-Barr v. Lewis, 2007 U.S. Dist. LEXIS 48269 (ED CA, July 3, 2007), a California federal magistrate judge recommended dismissal of most of the claims brought by a Nation of Islam prisoner who alleged that NOI inmates were denied access to the prison chapel for religious study groups, and that at various times they were excluded from Ramadan services and various Islamic events. Plaintiff alleged free exercise and equal protection violations. He was permitted to move ahead only with one of his equal protection claims.
In Blount v. Milgrum, 2007 U.S. Dist. LEXIS 48172 (WD VA, July 2, 2007), a Virginia federal court dismissed for failure to exhaust administrative remedies a prisoner’s claim that his religious rights were violated when, on one occasion, Prison authorities gave him a non-kosher "loaf meal" in retaliation for his filing a grievance.
In Lancaster v. Tilton, 2007 U.S. Dist. LEXIS 48403 (ND CA, June 21, 2007), a California federal district court held that San Quentin prison officials were ignoring provisions of a consent decree requiring group religious services and counseling on a regular schedule for certain death row inmates.
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