Federal Court Approves Jesus Portrait In Larger Display In Slidell Courthouse

The New Orleans Times-Picayune reports that a Louisiana federal district court on Friday refused to order a picture of Jesus removed from the lobby of the Slidell (LA) City Court now that the pictures of 15 other people who were important in the development of legal history have been added.. A copy of the U.S. Constitution has also been hung in the center of the display. (See prior posting.) U.S. District Judge Ivan Lemelle said he would have ordered the picture removed if it the additional portraits had not been added. A challenge to the portrait of Jesus which has been in the courthouse for many years was filed by the ACLU. Apparently the former judge who purchased the portrait did not realize that it had religious significance, despite the halo around the head of the portrait's subject. Retired Judge James R. Strain Jr. said he thought it was merely a picture of a lawgiver.

Town Passes Permit Law In Reaction To Street Preachers

Last Tuesday, Walnut Cove, North Carolina’s town council enacted a new ordinance requiring a permit for parades and public assemblies on town streets, sidewalks or public property. (Text of ordinance as proposed). Today’s Winston-Salem Journal reports that the ordinance is a response to members of the Baux Mountain Baptist Church who have been preaching on city streets every Saturday for over four months. Reporting on the proposal last month, CBN News said Council is concerned about traffic, church members taking up parking spaces and the blocking business entrances. Church members say the new rules, which are scheduled to take effect in October, are unconstitutional.

No Immunity For Parole Officer Sending Offender To Religious 12-Step Program

In Inouye v. Kemna, (9th Cir., Sept. 7, 2007), the U.S. 9th Circuit Court of Appeals reversed the decision of a Hawaii federal district court and denied qualified immunity to a parole officer being sued for Establishment Clause violations. The Court of Appeals held that by 2001 it was clearly established that coerced placement of a convicted defendant in a religious-based drug or alcohol treatment program was unconstitutional. Today’s San Francisco Chronicle reported on the case that was brougth by a Buddhist who was required to attend the Salvation Army's treatment program, including Narcotics Anonymous. [Thanks to Robert H. Thomas for the lead.]

Catholic Retirement Community Entitled To Colorado Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo, (CO Ct. App., Sept. 6, 2007), a Colorado appellate court held that a continuing care retirement community operated by a Catholic religious organization qualifies for the sales and use tax exemption that is granted to charitable and religious organizations. Disagreeing with the trial court, the Court of Appeals concluded that the operation of the retirement community is a religious activity. While agreeing that an exemption is available, the Court disagreed with the argument made by Catholic Health that government officials cannot constitutionally examine the activities of a religious organization to determine which of its activities are or are not religious. The Court held that “a certain amount of inquiry into a religious organization’s activities is appropriate”. The organization’s motivation in conducting a particular activity is relevant, but other factors must also be examined.

Interim Rulings In Russian Orthodox Church Dispute In New Jersey

A New Jersey trial court judge made several rulings Thursday in a dispute between a Russian Orthodox diocese in New Jersey and the Sviato-Pokrovskiy Russian Orthodox Church in Buena Vista (NJ). Members of the parish oppose the reconciliation that has taken place between the Russian Orthodox Church Outside Russia and the Moscow Patriarchate in Russia. (See prior posting.) On Friday, Newsday reported that Superior Court Judge William C. Todd prohibited the parish from selling off its church building or land without permission of the diocese. However, Judge Todd refused to rule that parish members had no interest in the property. He also refused to require that the property be used only in accordance with the canons, rules and customs of the Orthodox Church Outside Russia. All of this leaves the ultimate dispute undecided,

Alaska Supreme Court Allows Churches To Intervene In Tax Challenge

In Anchorage Baptist Temple v. Coonrod, (AK Sup. Ct., Aug. 31, 2007), the Alaska Supreme Court permitted three churches to intervene in a citizens’ lawsuit that challenged the constitutionality of a state property tax exemption. The challenged law exempts teachers' residences owned by religious organizations. The lower courts had permitted the churches only to appear as amicus curiae. The Supreme Court reversed finding that the “churches have significant financial and potentially unrepresented constitutional interests in the litigation” and because there is at least an appearance of adversity between them and the state

Quebec Will Not Require Muslim Women Voters To Uncover Their Face

Jurist reported yesterday that in the upcoming elections in Quebec, Muslim women who have their faces covered with a niqab or burqa will still be able to vote so long as they can prove their identity. This is a change in policy after Muslim groups criticized election officials last March for requiring women to show their faces in order to vote.

9th Circuit: Transfer of Cross To VFW Did Not Cure Establishment Clause Violation

Congress' attempt to avoid Establishment Clause problems by transferring the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW has failed. In Buono v. Kempthorne, (9th Cir., Sept. 6, 2007), the U.S. 9th Circuit Court of Appeals first rejected the government's contention that the case was not ripe. Moving to the merits, the court focused on the government's ongoing oversight and maintenance of the property, the government's reversionary interest in the property, the unusual method of authorizing the land exchange with the VFW and the government's continuing efforts to keep the cross on the property. The court concluded that the land transfer would violate the district court's earlier injunction against display of the cross on government property. It concluded: "carving out a tiny parcel of property in the midst of this vast Preserve—like a donut hole with the cross atop it—will do nothing to minimize the impermissible governmental endorsement." Reuters yesterday reported on the decision. (See prior related posting.) [Thanks to Inverse Condemnation blog for the lead.]

Huckabee Explains Views On Church-State Issues

Yesterday's New York Jewish Week published an article detailing Republican presidential hopeful Mike Huckabee's views on church-state issues. The candidate-- a Baptist minister and former Arkansas governor-- generally opposes school voucher programs. As a strong supporter of public schools, he says that vouchers are often small so that they only empower affluent parents. However, he said, even if full tuition voucher were offered,: "Most of the people I know who have run religious schools do not want government vouchers for their religious schools, because they know that with government money comes control. The very reason they established their schools is to have an independence from that government control."

The paper also questioned Huckabee on a prior statement he made calling for taking the nation back for Christ. Responding to concerns Jews might have with the concept, Huckabee explained: "If you understand what that means, it means that if that were to happen, this is the Jesus who said 'love your neighbor as you love yourself.' What it means is that you wouldn't have children going hungry at night; you wouldn't have women having the daylights beat out of them by abusive, alcoholic husbands..... It doesn't mean everybody would go to the same church as I do and pay their tithe; it does mean there would be a civility, a stand against corruption."

Conservative Catholic Order Sues Website Over Posted Documents

In Alexandria, Virginia, the Legion of Christ has brought suit against former priest John Lennon to prevent him from disseminating letters and documents about the Legion through a website known as ReGain. The complaint in Legion of Christ, Inc. v. Regain, Inc. (full text) was filed in Alexandria's Circuit Court on Aug. 2. According to yesterday's Washington Post, the Legion-- a conservative Roman Catholic movement of 750 priests and 2500 seminarians with 70,000 supporters around the world-- accuses Lennon of posting letters and documents that were intended only for the group's internal use. Some of the documents set out the Legion's strict rules of conduct.

The court has ordered Lennon-- a former member of the Legion-- to return to the Legion any of its documents, computer disks and CDs. Lennon says he is exposing the dangerous and secretive group that is built around the "charism" of 87-year old Rev. Marcial Maciel Degollado who has been disciplined by the Vatican after its long investigation into charges against him of sexual abuse. The lawsuit is also seeking to discover the names of the individuals who write for ReGain and on a related discussion board. The corporation that owns Regain is also named as a defendant.

Obama Appearance Before UCC Generates IRS Complaint

The American Spectator reports that a June appearance by Democratic presidential hopeful Barak Obama before the United Church of Christ General Synod has led to the filing of a complaint with the IRS, asking it to investigate the UCC for possible violations of restrictions on political involvement by Section 501(c)(3) non-profit organizations. (See prior related posting.)

Europe Expresses Concern About Islamization

Press reports today from various parts of Europe reflect the continent's growing concern with its increasingly large Muslim population. Brussels Mayor Freddy Thielemans has banned a planned demonstration against the Islamization of Europe that had been scheduled for Tuesday to coincide with the sixth anniversary of the 9-11 attacks. CNS News reports that organizers from Denmark and Britain plan to go ahead with the demonstration anyway, while German organizers backed off when neo-Nazi groups threatened to appear.

Meanwhile, the McClatchy Newspapers report that Germany is considering a proposal to permit online surveillance on all German converts to Islam in the wake of recent arrests of individuals who were said to be planning a "massive" attack on American installations. Guenther Beckstein, the interior minister in the German state of Bavaria who has proposed the new law, says: "Germans converting to Islam should be watched because they tend to show particular fanaticism in order to prove worthy of their new religion."

Finally, in the Dutch Parliament, the Party for Freedom (PVV) submitted a no-confidence motion against Minister of Housing, Living and Integration Ella Vogelaar who welcomes the growth of Islamic culture in the Netherlands. Expatica reports that none of the major political parties supported the motion. The liberal VVD Party however has called for the closing of radical mosques and the eventual ban on imams trained outside of Europe.

9th Circuit OK's Death Penalty Despite Navajo Religious Opposition To It

In United States v. Mitchell, (9th Cir., Sept. 5, 207), the U.S. 9th Circuit Court of Appeals rejected a claim that the Federal Death Penalty Act violates the First Amendment and the American Indian Religious Freedom Act. The court held that despite the Navajo tribe's religious objections to capital punishment, the FDPA can be applied to a member of the tribe since the statute is a neutral law of general applicability. The court also rejected the claim by defendant Lezmond Mitchell that the Religious Freedom Restoration Act was violated by exclusion from his jury of individuals whose traditional Navajo views on the death penalty would substantially impair the performance of their duties. The case involved the appeal of a death sentence imposed for the brutal killing of two other members of the Navajo tribe in a carjacking that took placeon the Najavo reservation.

Law, Religion & Ethics Center Renamed For Donor

A $5 million gift to Pepperdine University Law School by Herbert & Elinor Nootbaar has been commemorated by adding the Nootbaars' names to the school's Institute on Law, Religion & Ethics. According to yesterday's Graphic, the official naming ceremony for the Herbert and Elinor Nootbaar Institute of Law, Religion, and Ethics will take place on Nov. 8.

President Proclaims Sept. 7-9 As National Days of Prayer and Remembrance

President Bush has issued a Proclamation declaring this week end, Sept. 7 through 9, as National Days of Prayer and Remembrance to honor those who died in the 9-11 attacks six years ago. The Proclamation requests "that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils." It also invites "the people of the world to share in these Days of Prayer and Remembrance".

Groups Ask FBI To Investigate Official's Appearance in Christian Fundraising Video

Veterans for Common Sense and the Military Religious Freedom Foundation have asked the FBI to investigate head of the Veterans Benefits Administration, Daniel L. Cooper. The groups allege that Cooper violated the Establishment Clause as well as ethics rules by appearing in a fund-raising video for the evangelical group Christian Embassy. In the video, Cooper says that Bible study is more important than doing his job. IPS reported yesterday that the groups went to the FBI after the Department of Veterans Affairs Inspector General cleared Cooper of any wrongdoing.

Christian Right Leader Rev. D. James Kennedy Dies

An important figure in the religious right, Rev. D. James Kennedy, died yesterday at the age of 76. Among those recounting his contributions are USA Today and ABP News. Broadcaster and leader of the 10,000-member Coral Ridge Presbyterian Church in Ft. Lauderdale (FL), Kennedy was an early board member of the Moral Majority. He created the Center for Christian Statesmanship that organized Capitol Hill Bible studies, and organized the Center for Reclaiming America for Christ to promote Christian values in "the modern-day culture war." He was a strong supporter of former Alabama Supreme Court Chief Justice Roy Moore who fought a high-profile battle to place a 10-Commandments monument in the Alabama Supreme Court building. Kennedy also was one of the co-founders of the Alliance Defense Fund. (ADF release).

Nepal Airlines Uses Goat Sacrifices After Plane Has Mechanical Problems

In Kathmandu, Nepal, officials of the state-run Nepal Airlines have sacrificed two goats to appease the Hindu sky god Akash Bhairab after electrical problems grounded one of its two Boeing 757's. Reuters reported yesterday that the plane is now back in operation. [Thanks to Matthew Caplin for the lead.]

Rastafarian's Marijuana Suit dismissed On Jurisdictional Grounds

In Brown v. United States, 2007 U.S. Dist. LEXIS 65015 (MD FL, Sept. 4, 2007), a Florida federal district court dismissed declaratory judgment action brought by a practicing Rastafarian who uses marijuana as a holy sacrament. Plaintiff asked to court to rule that Florida's exclusion of violations of its Drug Abuse and Prevention Law from the state's Religious Freedom Restoration Act amounts to favoritism of some religions over others. The court dismissed the case under the Rooker-Feldman doctrine, finding that plaintiff had lost virtually identical claims in Florida state courts. The court also found no case or controversy existed since "Plaintiff is simply seeking a declaration ... as to what legal analysis the Florida courts should use in the off-chance he is arrested for growing, using, and/or distributing marijuana..."

Israel Proposes New Rules On Citizenship For Recent Converts From Abroad

Israel's Interior Ministry on Monday circulated for comment to interested parties a draft of proposed new rules that would make it more difficult for those converting to Judaism outside of Israel to qualify for citizenship under the country's Law of Return. The Jerusalem Post reports that the proposed rules would apply to Orthodox as well as Conservative and Reform conversions abroad, and are aimed at preventing conversions motivated soley by a desire to gain Israeli citizenship. New rules would require significant ties to the Jewish community abroad where the conversion took place, including at least nine months of participation after conversion. Converts could also be rejected if, for example, they are attempting to join relatives in Israel or had stayed illegally for 6 months or more in the country. In 2005, Israel's High Court of Justice struck down Interior Ministry regulations that required converts to live in their home community abroad for at least a year before emigrating. The Court said that the Ministry had no authority to define religious conversions.