Italian Museum Under Pressure For Display of Kipppenberger's Crucified Frog

In Italy, according to ANSA yesterday, politicians as well as clerics are calling for Museion, a modern art museum in Bolzano, to remove its display of a sculpture by late German artist Martin Kippenberger. The statue, part of Kippenberger's "Fred the Frog" series, is a pop-eyed frog crucified on a cross holding a mug of beer. Bolzano Province President Luis Durnwalder called the statue ''an offense'' said it should be removed from display while further discussion over what to do with it takes place. He said that the area population, which is overwhelmingly Catholic, may find the piece to be a ''provocation.'' Local bishop Wilhelm Egger says the display has hurt the religious feelings of museum visitors. Cath News carries a photo of the offending sculpture.

Recent Scholarly Articles on Church-State, Law and Religion

From SSRN:

• Robert C. Blitt, How to Entrench a De Facto State Church in Russia: A Guide in Progress, (2008).


• Ali Ali Kahn, The Immutability of Divine Texts, (Brigham Young University Law Review, Forthcoming).


• Samuel Wolfe Calhoun, May the President Appropriately Invoke God? Evaluating the Embryonic Stem-Cell Vetoes, (Rutgers Journal of Law and Religion, Forthcoming).


• Kristi L. Bowman, Public School Students' Religious Speech and Viewpoint Discrimination, (West Virginia Law Review, Vol. 110, No. 1, 2007).


• Andy G. Olree, The Continuing Threshold Test for Free Exercise Claims, (William & Mary Bill of Rights Journal, Forthcoming, 2008).


• Keith S. Blair, Praying for a Tax Break: Churches, Political Speech and the Loss of Section 501(C)(3) Tax Exempt Status, (Denver University Law Review, Forthcoming).

Israeli Conversion Authority and Religious Courts Are In Disarray

In Israel last week, the Prime Minister's Office announced that at the end of June it would not renew the employment contract of 75-year old Rabbi Haim Druckman, head of the State Conversion Authority. Last Thursday's Jerusalem Post reported that the government said the reason for its action was Druckman's advanced age. Normal civil service retirement age is 67. However Druckman says the move is in response to pressure from the ultra-Orthodox haredi rabbis who control the High Rabbinical Court. Earlier this month, that Court issued a controversial ruling tht called into question thousands of conversions previously performed by Druckman, or overseen by him. (See prior posting.) [Thanks to Religion and State In Israel for the lead.]


Meanwhile, Haaretz reported last week that a comptroller's review of the speed and quality of judicial proceedings in Rabbinic courts in Tel Aviv and Petah Tikva during 2007 found significant problems. Hearings were postponed in 26% of cases because of the absence of judges. There were delays in granting a "get" (divorce decree) in 17% of cases. The Peta Tikva court was without an administrator because the judges objected to the fact that a woman had been appointed to the position.

Muslims, Sikhs In Pakistan Feud Over Proximity of Houses of Worship

In Lahore, Pakistan, tension has arisen between Sikhs and Muslims over the location of their respective places of worship. Pakistan's Daily Times today reports that Auqaf Department rules provide that places of religious worship should be at least 200 feet apart to avoid interfaith clashes. A shopkeeper at the Naulakha Bazaar has recently set up a mosque on the roof of his shop. It is only 25 feet away from the Gurdwara Shaheed Singh Singhrian. The shopkeeper failed to obtain a No Objection Certificate from authorities for the mosque. Raja Ashfaq, president of Naulakha Bazaar, threatened to burn down the gurdwara if the mosque is closed. Meanwhile Jammu and Kashmir State Property Pakistan that owns the Naulakha Bazaar said the shopkeeper has violated its rules by modifying the structure to build the mosque.

Beaumont, Texas Noise Ordinance Suit Settled

Alliance Defense fund announced on Friday the settlement of a federal lawsuit against Beaumont, Texas filed after the city's arrest in 2005 of two Christians preaching and carrying signs denouncing homosexuality. The two, preaching on a public sidewalk, were charged with violating the city's noise ordinance after police told them that their activity was upsetting people. In the settlement, the city agreed to amend the noise ordinance to include a decibel level and also agreed to provide police training in First Amendment rights.

Michigan Appellate Court Holds State Recognizes Ministerial Exception

In Weishuhn v. Diocese of Lansing, (MI Ct. App., May 22, 2008), a Michigan state court of appeals held that the "ministerial exception" exists under Michigan law to bar discrimination claims under the state's Elliott Larsen Civil Rights Act. According to the court, the doctrine "precludes subject matter jurisdiction over claims involving the employment relationship between a religious institution and its ministerial employees." The court remanded the case to the trial court for it to determine whether plaintiff, a mathematics and religion teacher at St. Mary’s Elementary School in Mount Morris, Michigan, was a "ministerial" employee. The trial court was ordered to consider whether the teacher had primarily religious duties of religious significance, whether her position was primarily religious and whether her functions were essentially liturgical. In the case, teacher Madeline Weishuhn alleges retaliatory termination.

Santeria Priest Seeks Records On Florida Police Raid

In Coral Gables, Florida, a Santeria priest is threatening to file suit if the city continues to refuse his public records request to obtain documents relating to a June 8, 2007 police raid on a ceremony taking place in a private home. The ceremony, being performed by Santeria priest Jesús Suarez, includes the sacrifice of several animals. It appears that neighbors complained to police that they could hear the animals suffering. Yesterday's Miami Herald reports that about two dozen officers came to the home with guns drawn and held participants in the ceremony against their will for several hours. Ernesto Pichardo, president of the Church of Lukumi Babalu Aye, hired an attorney to file the request to determine whether the raid violated the religious freedom of Santeria members. Pichardo successfully challenged Hialeah, Florida's ban of animal sacrifice in the US Supreme Court in 1993.

Egyptian Film Maker Faces Hurdles In Producing Movie On Muslim View of Jesus

An Egyptian film maker, Mohammad Aziziah, is facing multiple legal hurdles as he plans to produce a film titled The Arab Messiah. Gulfnews today reports that the film will reflect the Quranic view that instead of being crucified, Jesus was raised alive to heaven. In the planned movie, Jesus will speak Arabic and be portrayed by an Arabic actor. Najeeb Gabriel, who is an adviser to Egypt's Coptic Christian Pope Shenouda, said that he plans to file suit to stop production of the movie or to have the script changed to reflect the Christian view of Jesus death. Meanwhile Ebrahim Al Fayoumi, the Secretary General of Al Azhar's Islamic Research Centre, said that his organization will ban the move. The Centre has authority under Egyptian law to license religious dramas. It bans all movies that present a personal portrayal of prophets on the ground that this detracts from prophets' spiritual importance.

Clinton Speaks At Puerto Rican Church

Presidential candidates continue the practice of speaking from church pulpits on Sunday mornings, despite IRS concerns over implied political endorsements by non-profit organizations. Yesterday, according to the AP, Hillary Clinton "offered a spiritual defense for continuing her presidential campaign" as she spoke to the congregation at the Pabellon de la Victoria evangelical church in Hormigueros, Puerto Rico. The appearance began with an hour of religious singing and dancing led by a band and chorus. It is unclear whether the church also invited other candidates to appear.

Presidential Proclamation, Radio Address Mark Memorial Day

Last week, the President issued his "Prayer for Peace, Memorial Day 2008" Proclamation (full text), which reads in part:

In respect for their devotion to America, the Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

While President Bush, in his Saturday radio address (full text) called on Americans "to honor the sacrifices of those who have served you and our country," one small fringe group disagreed. On Friday, for about an hour before a Memorial Day service in Stuart, Florida's Veterans Memorial Park, members of the anti-gay Topeka, Kansas Westboro Baptist Church carried signs with slogans such as "God killed your sons." Protester Ben Phelps told TCPalm : "This country has made an occupation ... of worshipping these dead soldiers.... In fact, the only thing they're fighting for is for (homosexuals) to marry."

Amish Refuse To Follow Sewage Disposal Code

In Ebensburg, Pennsylvania, members of the small Swartzentruber Amish community are at odds with county officials over handling of waste from two out houses at the community's school. Sunday's Mansfield (PA) News Journal reports that the Amish group has religious objections to complying with code requirements that the waste be collected in a holding tank and disposed of by a certified sewage hauler. Instead, the Amish group collects the waste in plastic buckets and dumps it on their fields. Andy Swartzentruber, on whose land the outhouses sit, and school elder Sam Yoder, have each been fined $500 for violating the state sewage disposal law. Yoder says that he will go to jail rather than abide by the sewage disposal requirements. The Cambria County Sewage Enforcement Agency and other officials are trying to work out a compromise with the religious group.

Humanitarian Group Is Religious Organization Under Title VII

In Spencer v. World Vision, Inc., 2008 U.S. Dist. LEXIS 40938 (WD WA, May 21, 2008), a Washington federal district court was called on to determine whether World Vision, Inc. is a "religious association" under Title VII of the 1964 Civil Rights Act. Applying a 9-factor test, the court decided that the nonprofit Christian humanitarian organization at issue meets the requirements for a religious organization and thus, under 42 USC Sec. 2000e-1(a) is exempt from Title VII's ban on religious discrimination in employment.

High Schooler Wants To Wear Eagle Feathers On Graduation Robe

In Pembroke, North Carolina, high school senior Corey Bird wants to wear eagle feathers on his graduation gown to honor his grandparents. Friday's Fayetteville (NC) Observer reports that Bird, whose father is Lumbee and Sisseton-Wahpeton Sioux, was told by Purnell Swett High School Principal Antonio Wilkins-- himself a Lumbee-- that school policy bans the wearing of messages, signs and the like on caps and gowns. The legal director for the ACLU of North Carolina says, however, that Bird has a good case for wearing the feathers as an exercise of his religious freedom. (Faytetteville Observer).

UK Will Not Prosecute Anti-Scientology Picket

Friday's London Guardian reports that Crown Prosecution Service has decided it will not prosecute a 16-year old boy for carrying a sign outside the headquarters of the Church of Scientology earlier this month accusing it of being a "dangerous cult". City of London police had issued a summons to the boy after he refused to put down the sign. Police claimed he violated the Public Order Act (as amended by the Racial and Religious Hatred Act of 2006) by inciting religious hatred. The Prosecution Service decided however, that the sign was neither "abusive or insulting" and therefore did not violate the law.

Federal Court Rejects Removal Of State Zoning Challenge

Friday's Aspen (CO) Times reports on the long battle by Grace Church in Emma, Colorado to build a new building on Highway 82. In 2005, Pitkn County commissioners denied the church's application, but then reversed their decision after the church filed a federal lawsuit under the Religious Land Use and Institutionalized Persons Act. Commissioners feared that otherwise the court would allow an even larger church building to be build. Neighbors of the new location, however, unhappy with the Commissioner's reversal, filed a lawsuit in state court claiming the commissioners failed to hold a public hearing on the project and violated the county's land-use code. In Emma Caucus Inc. v. Board of County Commissioners of the County of Pitkin, (D CO, May 21, 2008), the Colorado federal district court in which the RLUIPA case had been filed rejected Grace Church's attempt to remove the state court challenge to federal court. The district court said:

the state court complaint discloses that it has nothing to do with federal law, much less "arise under" federal law. It is a common-variety action to review an administrative zoning decision on the ground that the decision was an abuse of discretion, was procedurally defective, and failed to observe state and local laws concerning land use.

8th Circuit Finds No Standing In Parochial School Busing Case

In Pucket v. Hot Springs School District, (8th Cir., May 23, 2008), the U.S. 8th Circuit Court of Appeals held that plaintiffs lack standing to pursue their 1st and 14th Amendment challenge to a South Dakota school district's temporary termination of busing of students to Bethesda Lutheran School. Before a 2003 change in state law, the school district lacked statutory authority to provide busing to private and parochial schools. After the change in the law, plaintiffs never actually requested the school district to resume busing. The decision affirms the district court's dismissal without commenting on the merits of the underlying claim which had in part been reached by the lower court. (See prior posting.)

Midwife For Pennsylvania Amish Wins Reversal of Charges Against Her

In Goslin v. State Board of Medicine, (PA Commn. Ct., May 23, 2008), a Pennsylvania appellate court has reverse an order issued by the State Board of Medicine that had barred midwife Diane Goslin from continuing to practice as a midwife and had imposed a civil monetary penalty. Goslin has delivered babies for the Amish community for 24 years, but has never obtained a license because she is not a registered nurse as required by state law. (See prior posting.) The Commonwealth Court held that the practice of midwifery is not the practice of medicine. In connection with charges that Goslin violated the state's regulation of midwives, the court held that Goslin did not receive adequate notice of the charges being brought against her. The Medical Board charged her under statutory provisions relating to nurse-midwives, while in fact she was being charged under a different provision of law prohibiting the practice of midwifery without a state certificate by those who are not registered nurses. Yesterday's Philadelphia Inquirer reporting on the decision pointed out that the court left undecided whether non-nurses can still obtain certificates to practice as midwives in Pennsylvania.

California City Will Vote On Adopting "In God We Trust" As Motto

A California city is moving to adopt "In God We Trust" as its official motto. Friday's Fresno (CA) Bee reports that Porterville, CA has a measure on its June 3 ballot that calls for adopting the motto. The motto is already unofficially on display in city council chambers, but its official adoption will place it on city letterhead as well. Council Member Eddie Hernandez who supports the proposal said: "We need to bring faith back into our community. We need to show we believe in a higher being." [Thanks to Scott Mange for the lead.]

Texas Appeals In FLDS Custody Case; 12 Children Released

The Deseret News reports that on Friday the state of Texas filed an appeal with the Texas Supreme Court asking it to stay the order of a state appellate court and keep over 450 FLDS children in foster care pending appeal of the lower court's decision to return the children to their parents. The Department of Family and Protective Services filed a Motion for Emergency Relief and a Petition for Writ of Mandamus. The state argued not merely that returning the children would subject them to risk of harm, but also that until DNA testing is complete the state cannot properly match children to the correct parents. In their Response, counsel for the parents said that the identification argument is a "red herring".

Meanwhile, according to the AP, in San Antonio on Friday the state reached an agreement with attorneys for three FLDS families to temporarily return their children to them. The agreement came after the families filed lawsuits in Bexar County seeking release of their children. The families will remain in the San Antonio area under state supervision.

As individual hearings continue in the cases in San Angelo, the media gave a good deal of attention to a photo introduced by the state in one of the hearings. It shows now-arrested sect leader Warren Jeffs romantically kissing a 12-year old girl. Today's San Angelo Standard-Times reports that the evidence was introduced in the hearing on custody of an infant who is the niece of the young girl pictured with Jeffs. [Thanks to Melissa Rogers for the lead.]

Some Jewish Supporters Defend Rev. Hagee's Holocaust Remarks

While John McCain has publicly distanced himself from Rev. John Hagee over Hagee’s remarks about the Holocaust (see prior posting), according to today's Washington Times some Jewish supporters of Hagee have come to his defense. Rabbi Aryeh Scheinberg, an Orthodox rabbi from San Antonio, said that Hagee "interpreted a biblical verse in a way not very different from several legitimate Jewish authorities…. Viewing Hitler as acting completely outside of God's plan is to suggest that God was powerless to stop the Holocaust, a position quite unacceptable to any religious Jew or Christian." And David Brog, the Jewish executive director of Hagee’s Christians United for Israel, said: "This is a legitimate effort to grapple with the age-old question of why God allows evil in the world."