Church and State Responses To Same-Sex Couples Continue To Evolve

As the debate over recognizing same-sex couples continues, both church groups and governmental bodies are responding in varied way. The AP today reports that in some liberal churches around the country-- such as some United Church of Christ congregations -- ministers have begun performing only religious marriage ceremonies. They refuse to act as agents of the state to sign civil marriage licenses so long as state law rejects same-sex marriage. Rev. Mark Wade, pastor of a Unitarian Universalist Church in Asheville, N.C., said that the move emphasizes the separation of church and state: "We tell couples to go to the magistrate. I felt I couldn't serve an unjust law." At the same time, in Massachusetts where same-sex marriage is recognized, some conservative pastors refuse to perform the civil portion of marriage ceremonies so that they are not pressured to officiate for same-sex couples.

Meanwhile, Toledo, Ohio yesterday became the largest city in the state to create a domestic partnership registry. Today's Toledo Blade reports that on its first day of operation, eight couples registered with the city as domestic partners. The city ordinance creates the registry for both same-sex and opposite-sex domestic partners. Toledo Mayor Carty Finkbeiner who signed the ordinance last month says that he is a "strong Christian believer" who does not advocate alternative lifestyles, but who does believe in minority rights and diversity. One of those who registered yesterday, Carol Bresnahan, vice provost at the University of Toledo, said that bigotry in the name of religious belief accounts for those who oppose the law. When the ordinance was passed last month, the Ohio's Gay People's Chronicle reported that there are 152 similar registries nationwide.

Nativity Displays Continue In The News As Christmas Approaches

As Christmas day draws near, disputes over governmentally sponsored nativity displays continue to erupt. One in the small town of Exmore,Virginia was the focus of a Washington Post article on Friday that discusses more generally the phenomenon of complaints about holiday displays. According to the Post: “Three national legal groups are involved in the dispute there. They disagree over whether a Christmas tree-shaped ornament the town placed on a nearby telephone pole proves -- or disproves -- that the Nativity scene is just part of a broader, generally secular display.” A bit more background on the Exmore display is in Saturday’s Salisbury (MD) Daily Times.

Friday’s Manitowoc, Wisconsin News discusses the objections to the nativity scene on the local court house lawn raised by the Freedom from Religion Foundation. County Board Chairman Jim Brey’s reaction was: “It's unfortunate that just a few people can choose to be offended out of the blue and disrupt and insult the good people in our community who care very much about the holiday and the meaning for the holiday.” In response to arguments that the display is a town tradition, Rich Bouril, the resident who originally complained about the display, said: “Slavery was a tradition once.”

Finally, in Britain, 18-year old Christopher Geisler will spend both Christmas and New Years in jail after he stole the figures of Jesus and Mary from a nativity scene in front of Worcester’s Guildhall. Geisler, who was already on bail for two assault charges, apparently had been drinking and said he stole the statues “for a laugh”. This is the third year in a row that the nativity scene has been vandalized. According to today's Worcester News, Geisler’s father was upset that he would not be home for Christmas.

One RLUIPA Suit Filed; Another In the Offing

In San Diego, California, the Pacific Beach United Methodist Church has filed a RLUIPA lawsuit after San Diego's Neighborhood Code Enforcement Office threatened to cite the congregation for its use of its building to feed the homeless. Friday’s San Diego Union-Tribune reports that every Wednesday night for 14 years the church has served dinner and offered medical care for homeless men, women and children. The lawsuit alleges that the threatened zoning enforcement action prevents church members “from practicing the fundamental tenets of their Christian religion on their church's property.”

Meanwhile in Litchfield, Connecticut, a RLUIPA suit may be in the offing now that the Historic District Commission has denied an application by a Chabad-Lubavitch Orthodox Jewish congregation to restore and add onto a Victorian house on the edge of the district for use as a synagogue and living quarters for the rabbi. The Commission says it would welcome a proposal to build a much smaller building, but Chabad says that there are already Episcopalian, Methodist and Roman Catholic churches in the same neighborhood that are larger than the proposed new synagogue. The Hartford Courant reported on Friday that this proposal to build the town’s first synagogue has been controversial from its inception, with the Commission chairwoman, who is herself Jewish, called anti-Semitic by by Chabad after she objected to the proposed star of David and the use of Jerusalem stone in the renovated building.

Majority Upholds Witness' Religious Objection to Raising Hand To Be Sworn In

In a 2-1 decision, the Michigan Court of Appeals has upheld the right of a plaintiff in a lawsuit to refuse for religious reasons to raise her right hand when being sworn in at a deposition and at a subsequent hearing. In Donkers v. Kovach, (MI Ct. App., Dec. 18, 2007), the majority opinion held that while raising one's right hand is required by Michigan statue when an oath is administered, the statute does not require the same conduct when, as here, a witness is administered an affirmation instead of an oath. Judge Markey dissenting argued that the statutory provision permitting an affirmation still requires raising of the right hand. He went on to hold that this requirement violates neither the First Amendment's religion clauses nor parallel provisions in the Michigan constitution. She concluded that the requirement is secular in origin and fosters a secular purpose, and that it is a neutral law of general application. Because plaintiff voluntarily chose to bring suit in a Michigan court, she must, Judge Markey ruled, "abide by Michigan's laws and court rules."

Malay Officials Say Christian Paper Must Change Its Translation of "God"

Under Malaysian law, newspaper publishers must obtain annual government permits in order to publish. Today's International Herald Tribune reports that publishers of a Catholic weekly newspaper, The Herald, have been informed that they will not have their permit renewed unless they stop translating "God" as "Allah" in the Malay language version of their paper. Officials say "Allah" may only be used to refer to the Muslim God and may not be used more generically. Instead, according to officials, the paper should use the more term "Tuhan" when referring to God in a Christian context. Internal Security Ministry official Che Din Yusoff says that there are also three other Malay words that may not be used by other religions: "solat" (prayers), "kaabah" (the place of Muslim worship in Mecca) and "baitula" (the house of Allah). However Herald editor Rev. Lawrence Andrew says: "We follow the Bible. The Malay-language Bible uses Allah for God and Tuhan for Lord. In our prayers and in church during Malay mass, we use the word Allah."

UPDATE: The AP reported on Dec. 27 that the Sabah Evangelical Church of Borneo has sued challenging the government's position after it seized children's educational material being brought into the country. Government officials said the Christian books' use of "Allah," could raise confusion and controversy among Muslims.

Denial of Visa To Muslim Scholar Upheld By Court

Yesterday in American Academy of Religion v. Chertoff, (SDNY, Dec. 20, 2007), a New York federal district court upheld the U.S. government's denial of a visa to Tariq Ramadan, a prominent Muslim scholar who had originally been offered a tenured position at the University of Notre Dame, and who later wished to attend other academic events in the United States. The court found that the government had articulated a facially legitimate and bona fide reason to exclude Ramadan. He had contributed funds to an organization which he knew, or should have known, provided funds to Hamas, a Designated Foreign Terrorist Organization. The court refused to pass on the constitutionality of a separate provision of the Patriot Act that excludes from the U.S. any alien who "endorses or espouses terrorist activity". The ACLU issued a release criticizing the decision. It said: "The ACLU continues to believe that Ramadan, a leading European academic whose work addresses Muslim identity and the role of Islam in democratic societies, remains banned due to his political viewpoints."

UN General Assembly Passes Resolution Against Defamation of Religions

Jurist reports that on Tuesday, the United Nations General Assembly adopted a resolution on Combating Defamation of Religions. The resolution, introduced by Pakistan on behalf of countries that are members of the Organization of the Islamic Conference, was passed by a vote of 108 to 51, with 25 abstentions. (UN Press Release). The United States, Canada and a number of Western European nations voted against the lengthy resolution which provides in part that the General Assembly:

8. Deplores the use of the print, audio-visual and electronic media, including the Internet, and any other means to incite acts of violence, xenophobia or related intolerance and discrimination against Islam or any other religion, as well as targeting of religious symbols;

9. Stresses the need to effectively combat defamation of all religions, Islam and Muslims in particular;

10. Emphasizes that everyone has the right to freedom of expression, which should be exercised with responsibility and may therefore be subject to limitations as provided by law and necessary for ... respect for religions and beliefs....

Czech Government and Churches Reach Agreement On Nationalized Properties

In the Czech Republic, a landmark agreement has been reached between a government committee and representatives of 17 religious orders. The Prague Post reported on Wednesday that the agreement deals with Church claims for property that was nationalized by the government after the Communist takeover of Czechoslovakia in 1948. Under the agreement, religious orders and congregations will actually receive back their property-- about 558,000 acres (one-third of the property that was nationalized). Churches and religious groups will receive compensation of $4.6 billion for the remainder of the property, which will then be able to be developed for other uses. Reportedly the compensation will be paid out over a period of 60 to 70 years. The proposed agreement still must be approved by Parliament and signed by President Vaclav Klaus. This seems likely to happen, and the arrangement could go into effect as early as January 2009.

White House Website Answers Questions On Presidential Holiday Decorations

On the White House website, yesterday's Ask the White House featured responses by Amy Allman, Director of the Visitors Office, to questions about White House holiday decorations. Readers learned that there are 33 Christmas trees in the White House this year, that Benjamin Harrison was the first President to place Christmas decorations in the White House, and that 300 pounds of white chocolate was used to make the Gingerbread House that is currently on display.

EEOC Accuses Restaurant Chain of Religious Discrimination Against Muslim

The U.S. Equal Employment Opportunity Commission has filed a religious discrimination claim for back pay and damges against the Atlanta-based Folks Southern Kitchen Restaurants. CBS46 reports that the restaurant refused to hire a Muslim woman, Soumaya Khalifa, for a cashier's position because Khalifa wears a Muslim head scarf. The restaurant claimed that wearing the hijab violates its dress code. The EEOC says that the restaurant should have made reasonable accommodation for Khalifa's religious beliefs.

Trinidad Court of Appeal Rejects Challenge To Trinity Cross Award

In Trinidad & Tobago yesterday, the Court of Appeal affirmed a constitutional ruling handed down last year by a High Court judge (see prior posting). The Court of Appeal held that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. Today's Trinidad & Tobago Express says the Court of Appeal ruled that "while the power to confer honours is an executive one, it has the force of law that allows it to qualify as existing law under the provisions of the Constitution." Officials, however, have already decided to change the design of the country's top honor. (See prior posting.)

Staff of Christian Groups Having Difficlty Extending Visas In Israel

In Israel, evangelical Christian groups are having difficulties obtaining long-term visas for their permanent staff to remain in the country, according to reports by the Jerusalem Post and CBN News. Under Israeli law, a special recommendation from the Interior Ministry is required in order for foreign workers to extend their 5-year visas. Extensive turnover in staffing at the Interior Ministry has apparently complicated the problem. While many of the Christian groups have been honored for their work by the Knesset and the Tourism Ministry, Interior officials are not necessarily familiar with the organizations.

Canadian Law School Ends Policy of Cancelling Class for Jewish Holidays

In Canada, a decision earlier this month by the University of Windsor law school to end its long-standing policy of cancelling classes on the Jewish holidays of Rosh Hashanah and Yom Kippur has met with criticism. Today's Windsor (Ontario) Star reports that some non-Jewish students, as well as Jewish students, criticized the change. Muslim students elsewhere in the University fear that the move will hinder their efforts to get classes cancelled for Muslim holidays. The law school's faculty council voted to change its holiday policy because of the increasing diversity of the law school's student body. Dean Bruce Elman said that "the law school should not favor one religious group over other non-Christian religious groups." In making its decision, the law faculty council also agreed to create a task force to draft a plan for "reasonable accommodation" for all religious and cultural groups.

China's President Speaks About Religion In China

China's president Hu Jintao yesterday discussed religious issues at a meeting of the Political Bureau of the 17th Communist Party of China's Central Committee. Today's Shanghai Daily quotes Hu: "We shall fully carry out the Party's policy of free religious beliefs and manage relevant affairs in line with the law." He said that the Party and the government will encourage religious believers to remain patriotic, and that China will use human understanding and aim for mutual respect in dealing with religion. He added: "The Party and government shall reach out to religious believers in difficulties and help them through their problems." Hu emphasized the need for training of religious professionals. Training programs have have already offered religious leaders, theology teachers and government officials training in the history of world religions, ethics, management, psychology and law.

Suit Against California Teacher Continues To Draw Attention

In Mission Viejo, California yesterday, 300 students and former students of Capistrano Valley High School teacher James Corbett joined a rally in his defense after a student in his Advanced Placement European History class filed suit challenging remarks Corbett made in class that were seen to be hostile toward religion and toward traditional Christian views on sexuality. (See prior posting.) Today's Los Angeles Times says that Corbett's supporters praise his teaching and say he instills in students the values of freedom of thought and speech. Near the pro-Corbett rally, supporters of plaintiff Chad Farnan also gathered. Farnan has attracted national attention to the lawsuit by appearing on Bill O'Reilly's Fox TV broadcast. (Video of interview.)

Immigration Judge Releases Imam Pending Visa Appeal

Today's New York Times reports that an immigration judge in Pennsylvania has released Imam Kadir Gunduz on $5000 bond while he appeals his pending deportation to Turkey. Since July 2006, Citizenship and Immigration Services has been conducting site visits to review the status of individuals in the country on religious worker visas. Gunduz has lived in the U.S. for 19 years on a combination of visas. In 2002, he was granted a temporary religious worker visa, and subsequently applied for permanent residency. That application was denied and Gunduz was taken into custody earlier this month when CIS determined that he had changed his status from head imam handling administrative duties at a Pittsburgh mosque to directing a chaplaincy program and working with prison inmates. CIS has become stricter on religious worker visas since a 2005 study revealed a high rate of fraud in the program. (See prior related posting.)

Time's Interview of Russia's Putin Includes Q&A On Religion

Time Magazine has named Russian President Vladimir Putin as its "Person of the Year". Time editor-in-chief John Huey and managing editor Richard Stengel conducted a lengthy interview with Putin. In the full transcript, Putin answered several questions regarding his religious beliefs, and the role of religion in Russia. Here are excerpts:

TIME: One of the issues that is being discussed in our presidential election is the role of faith in government.... What role does faith play in your own leadership and what role should faith play in government and in the public sphere?

PUTIN: First and foremost we should be governed by common sense. But common sense should be based on moral principles first. And it is not possible today to have morality separated from religious values. I will not expand, as I don't want to impose my views on people who have different viewpoints.

TIME: Do you believe in a Supreme God?

PUTIN: Do you? ... There are things I believe, which should not in my position, at least, be shared with the public at large for everybody's consumption because that would look like self-advertising or a political striptease....

TIME: Earlier you used the phrase, Thou shalt not steal. Have you read the Bible?

PUTIN: Yes, I have. And the Bible is on my plane. I fly frequently, you know. And on the plane I use, there is a Bible. I also have an icon there with some sewing on it. I fly long distances. We're a vast country. So I have time there to read the Bible.

TIME: I understand that you don't want to be public with your religion. But is there some way we can characterize your faith?

PUTIN: You could say that it is my deep conviction that the moral values without which humankind cannot survive cannot be other than religious values. Now, as regards a specific church or other establishment, that's a separate matter. As somebody said once, if God exists, he does know that people have different views regarding church.

TIME: Now the situation is emerging whereby the Russian Orthodox Church is apparently becoming a dominating force in Russia. It's the only church that has signed official relations on cooperation with the Ministry of Defense, law-enforcement agencies and the Foreign Office....

PUTIN: .... Our law recognizes four traditional religions in Russia. Our American partners criticized us for that, incidentally, but it has been defined by our lawmakers. These traditional Russian religions are the Orthodox Church, Judaism, Islam and Buddhism.

TIME: .... [I]t's still hardly proper in a secular country for the top military brass of the General Staff under the command of their Chairman to hold a service together with the top hierarchy, as occurred at the Orthodox Church at the Christ the Saviour Cathedral to commemorate the 60th anniversary of the Soviet nuclear bomb.

PUTIN: Well, I would say that if those General Staff brass were Jews, Muslims or Buddhists and would have chosen to celebrate this wonderful event at other religious shrines, I would welcome that. So you cannot talk about the inequality of any of those religions. But still some 80% of the Russians consider themselves Orthodox Christians, which makes the Russian Orthodox Church the largest of them all.

Sudan Sentences Two Egyptian Booksellers On Blaspehmey Charge

A court in Sudan has convicted two employees of an Egyptian publisher on charges of insulting Islam (Sudan Penal Code Sec. 242 and 242A) because of a book they were selling at a book fair in Khartoum. Earth Times yesterday reported that Abdel-Fattah Abdel Raouf and Mahrus Abdel-Aziz were sentenced to six months in prison after they sold a Muslim extremist a copy of Nabil Fayyadh's book about Aisha, the Prophet Muhammad's wife, titled The Mother of the Faithful Devours Her Sons. Hasan Madbouly, co-owner of the publishing house, said that Sudanese authorities had approved the book before it was put on display at the fair. The Egyptian embassy will appeal the convictions and is seeking the release of the two men.

Huckabee Campaign Ad Has Unusual Christian Explicitness

This campaign ad from Republican presidential candidate Mike Huckabee has attracted a good deal of attention. In it, Huckabee says: "Are you about worn out by all the television commercials you've been seeing, mostly about politics? Well, I don't blame you. At this time of year sometimes it's nice to pull aside from all of that and just remember that what really matters is the celebration of the birth of Christ and being with our family and friends."

An AP analysis of the ad-- which is airing in Iowa, New Hampshire and South Carolina-- says that it "is unusual for a presidential candidate in that it is a religious message that excludes all religions except for the predominant Christian faith." Yesterday's Boston Globe says that the ad "is drawing cheers from Christian bloggers, consternation from advocates of church-state separation, and a fair amount of fascination from all sides." Some suggest that the bookshelf in the background was intended to represent a cross. Huckabee yesterday in Houston said that the nation is in serious trouble if reminding voters about the religious meaning of Christmas is politically incorrect. (Houston Chronicle).

Meanwhile, AFP today reports on the reactions of non-believers to the increasingly religious tone of political campaigns.

Youth Minister's Confession To Pastor Protected By Cleric-Penitent Privilege

According to today's Trenton (NJ) Record, a state Superior Court judge in Patterson (NJ) has barred prosecutors from using as evidence in an upcoming sexual assault trial a confession given by a church youth minister to the church's pastor. Pastor Milton Mendez arranged a meeting with youth minister Emerzon Gomez after learning that a 14-year old girl had said she had oral sex with Gomez while Gomez was giving her a piano lesson in her home. Prosecutors argued that Mendez, pastor of a charismatic Catholic congregation, was acting as an investigator, not as a spiritual advisor, when he got Gomez to confess to him. The court, however, decided that the confession is protected by the state's cleric-penitent privilege-- something that Pastor Mendez did not know when police questioned him about his conversation with the accused youth minister.