Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, August 11, 2007
Spanish Leader, Church, Spar Over Education Reforms
In Spain, Catholic bishops have attacked the public schools’ new "Education for Citizenship and Human Rights" curriculum. Kath.net says that the curriculum’s goal is to encourage students to reject "racist, xenophobic, sexist, and homophobic social prejudices." The bishops say that the program violates Sec. 27(3) of Spain’s Constitution that provides "The public authorities guarantee the right which will assist parents to have their children receive the religious and moral formation which is in keeping with their own convictions." However a leading socialist party figure who was one of the drafters of the constitution, Gregorio Peces-Barba MartÃnez, published an op-ed this week accusing the Bishops of "extreme arrogance" and threatening a "new status", presumably a less privileged one, for the Church in Spain if it does not stop attacking the Education for Citizenship program.
Egyptian Gets 3rd Lawyer In Suit For Recognition of Conversion
In Egypt, the case of Mohammed Ahmed Hegazy—suing to change his national identity card to reflect his conversion from Islam to Christianity-- has become more complicated. As previously reported, Hegazy’s first lawyer withdrew from the case. But now, according to Christian Today, his second lawyer, Dr. Adel Fawzy Faltas, president of the Middle East Christian Association in Egypt, is being held by Egyptian police after the lawyer held a high-profile online conversation with Hegazy. So now a third lawyer, Ramses Raouf el-Nagar, has stepped in as Hegazy’s counsel.
Another City Hall Will Display "In God We Trust"
In 2002, a Bakersfield, California councilwoman, Jacquie Sullivan, founded "In God We Trust America", an organization that encourages every city hall in America to display the national motto, "In God We Trust." Last Monday, Sonora, California became the 26th city in the country to agree to display the motto. Friday’s Modesto (CA) Bee reports that Sonora City Council voted unanimously to display the motto. Reactions to the vote were predictable. Supporter Jacquie Sullivan praised council, saying: "Patriotism is love of God and love of country. I feel this is one of the most important things going on in our country now. It's important to retain our national identity." On the other hand, Rev. Barry Lynn, executive director of Americans United for Separation of Church and State said: "Cities ought to fill potholes, pay police well and leave religion alone."
Malaysian Authorities Continue To Deal With Religious Issues
In Malaysia, religious issues continue to raise legal controversies. Selangor state Islamic authorities have freed a Muslim woman after she was held for four months for marrying a Hindu man. However, according to today’s Economic Times of India, the couple was ordered to live separately because their marriage is not legal under Islamic law.
Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.
Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.
Friday, August 10, 2007
Recent Prisoner Free Exercise Cases
In Shaheed Allah v. Jordan-Luster, 2007 U.S. Dist. LEXIS 56631 (CD IL, Aug. 3, 2007), an Illinois federal district court rejected an inmate's claim that his free exercise rights under RLUIPA were violated when authorities refused to supply him with a Halal diet. The court relied both on the difficulty of accommodating the request and the plaintiff's failure to present verification from a spiritual leader of his need for the accommodation.
In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.
In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.
Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.
In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.
In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).
In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.
In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.
Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.
In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.
In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).
Appeal Filed In Conviction of Catholic Priest For Killing Nun
Now that 4000 pages of a trial transcript have become available, attorneys in Toledo, Ohio have filed an appeal in last year's murder conviction of Catholic priest Gerald Robinson. (See prior posting.) Robinson was found guilty of the 1980 murder of a nun, Sister Margaret Ann Pahl, whose body was found in the sacristy next to a chapel at Toledo's Mercy Hospital. Today's Toledo Blade says that one ground for the appeal is the introduction of evidence at trial relating to Satanism that "invited the jury to speculate on the issue of guilt, and sensationalized the entire proceeding". Prosecutors say that Satanism was not a key part of the evidence against Robinson.
Bishop's Endorsement of Obama Criticized
New Hampshire Episcopal Bishop Gene Robinson, the Church's first openly gay bishop, last week endorsed Sen. Barack Obama for president according to today's Washington Blade. Reacting to the endorsement, Rev. C. Welton Gaddy, president of the Interfaith Alliance, said that Robinson was misusing religion for political gain. Gaddy said: "While endorsements like today's raise the possibility of legal action against religious leaders, our concerns are rooted more in the impact on the sanctity of religion and the integrity of government." Robinson, however, responded that his endorsement, announced in a teleconference, was made as a private citizen, not as a religious leader.
London Synagogue Named National Monument
Britain last Tuesday declared London's new West End Synagogue a national monument, according to Haaretz. English Heritage, the body making the decision, said that the new status is justified both because of the synagogue's architecture and its historical importance. The upgrading of the building from an historic site to a national monument means that the British government will be responsible for the building's maintenance, and that the congregation can request state funding for any needed renovations. In total, Britain has about 15,000 national monuments.
Thursday, August 09, 2007
Many Iraqi Christians Flee Mosul
IWPR this week carries a long article on the problems faced by Christians in the Iraqi city of Mosul. It reports: "Once a solid, middle-class community in this northern city, thousands of [Christians] have fled their homes under threat from militants. Their churches have been bombed, their clergy murdered, and community members regularly face threats and kidnappings."
Domestic Assault Charges Growing Out of Religious Argument Dismissed
The Hamilton County (TN) General Sessions Court on Wednesday dismissed domestic assault charges that had been filed 24-year old Ronnie Lynn Price against his 62-year old grandmother, Nellie Gray Smith. Yesterday's Chattanoogan reports that during an argument with Smith, Price called Jesus "a goat". When Smith told Price to leave, Price grabbed his genitals saying "[expletive] you, Jesus and the Holy Spirit". At that point Mrs. Smith slapped Price and his head struck the door. Mrs. Smith apparently argued that Price's injury was self-inflicted.
Court Refuses To Stop Meeting At Which Catholic School Coach Is Dismissed
On Monday, a state trial court judge in Iowa denied a temporary injunction to stop a meeting of the Cedar Valley Catholic Schools' Board of Education brought by teacher and football coach Tom Girsch. The judge said that granting the injunction would entangle the court excessively in religious matters. The Waterloo, Iowa Courier reported yesterday that Girsh has taught for 32 years-- and coached the football team of 28 of those years-- at Columbus High School, a Catholic school in Waterloo. He became the subject of controversy after he remarried a year ago without receiving an annulment of his first marriage from the Church. At that point the Board negotiated an amended contract with Girsh, requiring him to seek an annulment, and to submit his resignation if it was denied. The annulment was denied, but last month by a vote of 6-8 the board refused to accept Girsch's resignation. However on Monday, the Board by a unanimous vote reversed itself after Archbishop Jerome Hanus wrote saying that the Board has acted contrary to church doctrine in continuing to employ Girsh.
Right Wing Dutch Politican Says Koran Should Be Banned In Netherlands
In the Netherlands, right-wing politician Geert Wilders has stirred controversy by urging, in a letter to a national newspaper, that the Koran be banned in the country. DPA ysterday reported on the letter written by the leader of the Dutch Freedom party (PVV) to the daily Volkskrant, in which Wilders argues that the Koran is "fascist" and should be banned just as Mein Kampf is banned. Following publication of the letter, an attorney filed a complaint against Wilders with Dutch police charging Wilders with incitement against Muslims. The Dutch News reports today that most other political leaders have strongly criticized Wilders' proposals. Christian Democrat Foreign Minister Maxine Verhagen said that Wilders has "exceeded the boundaries of decency", and emphasized that religious freedom is strongly protected by the Dutch constitution. Verhagen has also sent Dutch ambassadors in other countries a copy of a letter in which the cabinet repudiates Wilders' statements.
Police Officers Decertified For Loyalty To FLDS Leader
Police officers in Colorado City, Arizona are losing their certification as law enforcement officers because of their allegiance to fugitive religious sect leader Warren Jeffs and his Fundamentalist Church of Jesus Christ of Latter Day Saints. FLDS promotes plural marriage. Today's Arizona Republic reports that in the Colorado City's police department that normally has six officers, four have already been decertified by Arizona Peace Officer Standards and Training Board. Two others are being considered for decertification. Some of the officers were bigamists. Others failed to assist in the hunt for FLDS leader Warren Jeffs or allowed looting by church crews. Yesterday's Salt Lake Tribune reports in more detail on the pending decertification cases against Colorado City Town Marshal Fred Barlow and Deputy Preston Barlow. While Jeffs was a fugitive, Fred Barlow wrote him a letter pledging loyalty and asking for advice about hiring and other matters in the marshal's office.
Court Upholds Neutral Brick-and-Mortar Grants To Churches
In an important Establishment Clause decision yesterday-- apparently a case of first impression-- a Michigan federal district court upheld the inclusion of churches in a local government's grant program for brick-and-mortar projects. American Atheists, Inc. v. City of Detroit Dowtown Development Authority, (ED MI, Aug. 8, 2007), involved a challenge to a Facade Improvement Plan (FIP) designed to enhance the appearance of a portion of the city of Detroit in anticipation of the 2005 Major League Baseball All-Star Game and the 2006 NFL SuperBowl. Under the program, approved applicants could receive up to 50% of the cost of improvements to building facades and parking lots-- with specified upper limits on reimbursements. Among the projects funded were nine by churches.
Focusing particularly on the Supreme Court's 2000 decision in Mitchell v. Helms, the court held the fact that churches are pervasively sectarian institutions does not automatically disqualify them from participating in an otherwise permissible aid program. It also held the fact that funds are granted directly to churches does not invalidate the FIP so long as the program does not discriminate on the basis of religious sect and so long as the reimbursements do not amount to government endorsement of a church's message. The grants are not forbidden just because they may free up funds for religious purposes that the churches would otherwise have used for building repairs.
Applying these criteria, the court upheld grants for most of the church repair projects, but found that aid to three projects was unconstitutional because it would be perceived as government support for the advancement of religion. The prohibited projects were repair of two stained glass windows displaying religious images and projects involving monolithic signs that "identify and solicit the churches as sites of Christian worship".
The decision is covered today by the Detroit News and in an Alliance Defense Fund release yesterday.
Focusing particularly on the Supreme Court's 2000 decision in Mitchell v. Helms, the court held the fact that churches are pervasively sectarian institutions does not automatically disqualify them from participating in an otherwise permissible aid program. It also held the fact that funds are granted directly to churches does not invalidate the FIP so long as the program does not discriminate on the basis of religious sect and so long as the reimbursements do not amount to government endorsement of a church's message. The grants are not forbidden just because they may free up funds for religious purposes that the churches would otherwise have used for building repairs.
Applying these criteria, the court upheld grants for most of the church repair projects, but found that aid to three projects was unconstitutional because it would be perceived as government support for the advancement of religion. The prohibited projects were repair of two stained glass windows displaying religious images and projects involving monolithic signs that "identify and solicit the churches as sites of Christian worship".
The decision is covered today by the Detroit News and in an Alliance Defense Fund release yesterday.
Wednesday, August 08, 2007
Article Charges Apocalyptic Video Games Being Sent To Soldiers In Iraq With DoD Approval
Max Blumenthal, in a posting yesterday on the blog page of The Nation, charges that an evangelical entertainment group, Operation Straight Up, will be mailing "Freedom Packages" to soldiers serving in Iraq. The packages will include the video game, Left Behind: Eternal Forces. He describes the game as follows:
The game is inspired by Tim LaHaye and Jerry Jenkins' bestselling pulp fiction series about a blood-soaked Battle of Armageddon pitting born-again Christians against anybody who does not adhere to their particular theology. In LaHaye's and Jenkins' books, the non-believers are ultimately condemned to "everlasting punishment" while the evangelicals are "raptured" up to heaven.Blumenthal says that the Freedom Packages have the endorsement of the Defense Department.
The Left Behind videogame is a real-time strategy game that makes players commanders of a virtual evangelical army in a post-apocalyptic landscape that looks strikingly like New York City after 9/11. With tanks, helicopters and a fearsome arsenal of automatic weapons at their disposal, Left Behind players wage a violent war against United Nations-like peacekeepers who, according to LaHaye's interpretation of Revelation, represent the armies of the Antichrist. Each time a Left Behind player kills a UN soldier, their virtual character exclaims, "Praise the Lord!" To win the game, players must kill or convert all the non-believers left behind after the rapture. They also have the option of reversing roles and commanding the forces of the Antichrist.
Giuliani Refuses To Discuss His Religious Practices
Unlike some candidates who are willing to discuss their religious beliefs in detail, Republican presidential hopeful Rudy Giuliani refused yesterday to answer a questioner at an Iowa town meeting who asked if he was a "traditional, practicing Roman Catholic." The Washington Post reports that Giuliani responded: "My religious affiliation, my religious practices and the degree to which I am a good or not so good Catholic, I prefer to leave to the priests. That would be a much better way to discuss it. That's a personal discussion and they have a much better sense of how good a Catholic I am or how bad a Catholic I am." Giuliani favors abortion rights. Also, he has been married three times. One of his prior marriages was annulled, but the other ended in divorce-- which would prevent him from receiving communion in the Catholic Church.
Massachussets Episcopal Diocese Settles With Break-Away Parish Members
The Episcopal Diocese of Massachusetts has settled a suit that it brought five weeks ago against members of a parish in Attleboro (MA) who broke away and affiliated with the more conservative Anglican Province of Rwanda's Anglican Mission in America. Reports yesterday from the Boston Globe and Episcopal News Service indicate that while neither side would disclose details of the settlement, the break-away members returned some books and "a respectable" fraction of the $180,000 of parish assets they controlled. The break-away group is now worshipping in rented space at Fisher College as All Saints Anglican Church, while the parish members who remain loyal to the more liberal Episcopal Church USA continue to worship as All Saints Episcopal Church. Both sides say the settlement was fair.
Discrimination Claims Dismissed Under Ministerial Exception
In Cronin v. South Indiana Annual Conference, United Methodist Church, 2007 U.S. Dist. LEXIS 57029 (SD IN, Aug. 3, 2007), an Indiana federal district court held that the position of associate council director of the South Indiana Annual Conference falls under the ministerial exception to Title VII of the 1964 Civil Rights Act and the Americans With Disabilities Act. The associate council director's position involves preaching, program development and administration, and therefore was functionally ministerial. On this basis the court dismissed Deborah Cronin's charges of discrimination, finding it lacked jurisdiction over them.
LA Church Leader Convicted of Selling Marijuana As Sacrament
Rev. Craig X Rubin, leader of the 420 Temple in Los Angeles, has been convicted of selling marijuana as part of his church's services. (See prior postings 1, 2, 3.) Sunday's New York Daily News reported that Rubin, who faces up to 4 years and 8 months in prison, will be sentenced Aug. 17. Yesterday Rubin issued a long statement to the press saying that he has no remorse for his actions. He continued: "My only crime is wanting to reach people of my community ... with the Word of God.... I taught them that God created this wonderful plant and that they should study the Word of God as known through the Bible to know the will of God. I am now going to be taken from our society and my seven children, all of whom live at home, for many years for my faith that cannabis is the Tree of Life."
Korean Christians Want To End Licensing Tests On Sundays
In South Korea, the National Assembly's Human Rights Forum and the Christian Council of Korea are questioning the practice of administering state-run tests for teachers' licenses and certain other occupational licenses only on Sundays. Today's Korea Times reports that while over 40% of Koreans are Christians, the country's Central Personnel Committee said that administering the tests on week days would pose significant problems. the Committee rents out space in school buildings to give the tests. Currently only bar exams and higher civil service exams are held on week days.
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