Italian Museum Rejects Call For Removal of Crucifixion Sculpture

Despite protests from the Pope and from a regional government official, an Italian museum has refused to remove a modern art sculpture of a green frog, crucified while holding a beer mug in one hand and an egg in the other. Reuters reported yesterday that the board of Bolzano's Museion by majority vote decided that the sculpture called Zuerst die Fuesse (Feet First) would stay during the remainder of the exhibit of which it is a part-- a retrospective of the art of German artist Martin Kippenberger. Franz Pahl, president of the regional government, called the sculpture "blasphemy and a disgusting piece of trash." Pahl released excerpts from a letter from the Vatican saying that the sculpture wounds the religious sentiments of many people. While Claudio Strinati, a superintendent of Rome's state museums, supported the museum board, Italy's culture minister, Sandro Bondi, said museums that receive state funds should not "exalt artworks of desecration, of useless provocation and of nonsense".

Anti-Christian Violence Continues In Eastern India

Reuters reported yesterday that anti-Christian violence by Hindu mobs in India's eastern state of Orissa continues as Pope Benedict XVI condemned the violence and Italy's foreign ministry said it would summon India's ambassador to demand "incisive action" to end the violence. As further detailed in a Christian World News report on Wednesday, the violence against Christians began after the murder of Hindu leader Swami Laxmanananda Saraswati and four of his disciples last Saturday. More than a dozen churches have been attacked and eleven people have been killed. The Orissa High Court ordered the state government to deploy army personnel to stop the violence, but 3000 police deployed on Thursday have so far been unable to do so.

In Zoning Case, MI Appellate Court Holds Firm On Equal Protection Determination

On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a Catholic school challenged a township's denial of its request for a zoning variance. In 2007 (see prior posting), The Court of Appeals held that the denial violated both RLUIPA and the equal protection clause. When the township petitioned the Michigan Supreme Court to review the case, the state's high court instead vacated the Court of Appeals decision and remanded the case for reconsideration in light of another RLUIPA case the state Supreme Court had just decided-- Greater Bible Way Temple of Jackson v City of Jackson. Now, reconsidering in light of Greater Bible Way, the Court of Appeals reluctantly concluded that RLUIPA was not violated, but reaffirmed its earlier holding that the rezoning denial did violate the Equal Protection Clause. [Thanks to Brian D. Wassom for the lead.]

Fiji Human Rights Commission Says Methodist Conversion Plans Are Unconstitutional

In the South Pacific island nation of Fiji, the Human Rights Commission (press release) has warned that plans by the country's Methodist Church Conference to focus evangelizing efforts on the country's Indian population would violate Fiji's constitution as well as principles of international law. According to today's Fiji Times, Commission chairperson Dr. Shaista Shameem said that targeting of a minority group for particular attention for conversionary efforts would violate the fundamental principle of freedom of religion found in the 1997 Constitution of Fiji.

South African Court Says Church Acted Illegally In Firing Gay Teacher

In South Africa, a Pretoria High Court judge has ruled that a church acted illegally when it fired a music teacher at the church's Art Academy after it found that he was in a homosexual relationship. SABC News today reports that the Court ordered the Nederduitse Gereformeerde Kerk to apologize to Johan Strydom and to pay him damages of 86,000 Rand ($11,000 US). Reporting on arguments in the case last week, the Sunday Independent said that Strydom claims his firing violates South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act and his constitutional right to equality and dignity (Constitution Secs. 9 and 10). In its presentation to the court, the church said that gays are welcome in the congregation if they repent and "either change their ways or live a celibate life."

Men Keeping Animals For Santeria Sacrifice Charged With Animal Cruelty

In Greenburgh, New York, a father and son have been charged with animal cruelty under New York's Agriculture and Markets Law after police discovered over 100 animals intended for sacrifice in Santeria religious rituals on their property. Yesterday's Lower Hudson Journal-News reports that the animals included goats, rams, chickens, pigeons, doves, ducks, quail and turtles. The charges do not stem from the planned sacrifices, but rather from the fact that a goat and a pigeon died from apparent malnutrition. The father was also charged with violating a town ordinance against keeping farm animals in residential neighborhoods. Charges of transporting the animals from a farm in New Jersey without proper documents could also be filed.

Suit Challenges Promotion of Religion In Florida County Schools

In Pensacola, Florida, the ACLU (press release) has filed a federal lawsuit on behalf of two Santa Rosa County Pace High School students alleging that school officials have used their positions "to persistently and pervasively promote their personal religious beliefs in the public schools and at school events." The complaint (full text) in Doe v. School Board for Santa Rosa County, Florida, (ND FL, filed 8/27/2008) alleges that school officials have sponsored prayer at school events, including graduation; arranged religious baccalaureate services; held school-sponsored activities at churches; and have proselytized students or permitted outsiders to do so during classes and school events. Seeking an injunction and nominal damages, plaintiffs allege that these practices violate the Establishment Clause of the U.S. Constitution and the "No Aid" clause of Florida's Constitution.

Wednesday's Religious Activity At Democratic Convention

Religion Clause each day has been reporting on religious events that have been part of the Democratic National Convention. At the Convention on Wednesday (full schedule), the invocation was given by Archbishop Demetrios, Primate of the Greek Orthodox Church in America. His invocation (full text) was less sectarian than those offered on prior days. The closing benediction was given by Sister Catherine Pinkerton, Congregation of St. Joseph’s in Cleveland, Ohio.

Presidential Proclamation Includes Praise For Faith-Based Addiction Treatment

Yesterday , President Bush issued a Proclamation (full text) declaring September 2008 as National Alcohol and Drug Addiction Recovery Month. A portion of the Proclamation emphasized the role of faith-based organizations in addiction treatment:

Too many of our citizens have been swept up in a cycle of addiction. Through faith-based and community groups, we have revolutionized the way we help people break the chains of addiction. The Access to Recovery program provides addicts with vouchers so that they can attend the treatment center of their choice. Our Nation's armies of compassion have helped nearly 200,000 clients rediscover their dignity and purpose through this program.

Christian Anti-Muslim Group Issues Voter Leadership Guide

A press release yesterday by a group called Truth for Muslims announced that the organization has begun to distribute its 2008 Voter Leadership Guide. John Marion, Project Director said:

The Guide informs citizens of what our leaders are saying about Islam. Islam is one of the greatest challenges we are facing as Christians in America. It’s an ideology that is incompatible both with the United States Constitution and with the Gospel of Jesus Christ. And our leaders—both in Washington and in the pulpits—are virtually silent.

The introduction to the Guide explains its purpose and format:

Unlike voter guides you may have seen in the past, this one does not focus on a specific race, nor does it promote one candidate over another. Its purpose is to educate YOU about one of the most crucial issues facing America: the rising influence of Islam.

It’s called a "voter leadership guide" because it will help you to discern which leaders, now or in the future, are speaking wisely about how Americans should respond to Islam. Several of the examples we’ve chosen are high-profile political leaders, but the "Ten Questions" you’ll find on the back of the guide can be used to analyze any leader—whether on a county council, school committee, talk show...even a church missions board.

Recent Prisoner and Institutionalized Persons Free Exercise Cases

In Lewis v. Ryan, 2008 U.S. Dist. LEXIS 64335 (SD CA, May 1, 2008), a California federal district judge accepted the recommendations of a federal magistrate judge set out in a lengthy opinion at Lewis v. Mitchell, 2008 U.S. Dist. LEXIS 64333 (SD CA, March 6, 2008). The court permitted a Muslim inmate to move ahead with various claims for injunctive relief alleging violations of the 1st and 8th Amendments and RLUIPA. Plaintiff alleged that he was served food containing pork without the pork content being noted on the prison menu, and that he was subsequently denied medical treatment. Plaintiff also claimed the right to a Halal diet. (See prior related posting.)

DeSimone v. Bartow, 2008 U.S. Dist. LEXIS 64419 (ED WI, Aug. 12, 2008) is a lawsuit by plaintiff who has been civilly committed to a mental health facility operated in part by the Department of Corrections. A Wisconsin federal district court permitted him to proceed with a claim that his 1st amendment and RLUIPA free exercise rights were violated when he was prohibited from writing in his Atlantean language, a practice plaintiff said was central to his religious belief. Officials said it took too long to translate the writings, and untranslated writings posed security risks, even though they did not impose the same restrictions on others who wrote in different foreign languages.

In Wofford v. Williams, 2008 U.S. Dist. LEXIS 63946 (D OR, Aug. 20, 2008), and Oregon federal district court granted a preliminary injunction ordering prison officials to provide a Seventh Day Adventist inmate with a kosher diet. The court found that plaintiff would probably succeed on the merits of his 1st Amendment, RLUIPA and equal protection claims. Prison officials had asserted that kosher meals were available only to Jewish inmates and that plaintiff's faith does not require him to limit himself to a kosher diet.

In Linehan v. Crosby, 2008 U.S. Dist. LEXIS 63738 (D FL, Aug. 20, 2008), a Florida federal district judge accepted the recommendations of a federal magistrate and denied the claims of a Seventh Day Adventist prisoner to a kosher diet. The court held: "Since the Jewish Dietary Accommodation Program was discontinued several years ago, the only person Plaintiff can show is being treated differently is one Jewish inmate who receives kosher food pursuant to a settlement agreement.... Both the excessive cost, as well as administrative and logistic difficulties, of implementing a kosher meal plan in the Florida prison system are compelling state interests, and the current vegan and vegetarian diets are the least restrictive means of addressing this compelling interest ."

In Woods v. Chiarelli, 2008 U.S. Dist. LEXIS 64455 (MD PA, Aug. 21, 2008), a Pennsylvania federal district court held that a prison policy preventing a Muslim inmate from attending communal religious services did not violate his 1st Amendment rights. Plaintiff, held as a federal prisoner in a state prison, was subject to a separation order from the United States Marshal's Service requiring him to be separated from three other federal inmates being held at the same facility.

Court Rejects Challenge To Massachusetts Abortion Facility Buffer Zone Law

In McCullen v. Coakley, (D MA, Aug. 22, 2008), a Massachusetts federal district court rejected a facial constitutional challenge brought by pro-life "sidewalk counselors" to Massachusetts' recently revised law that creates a 35-foot fixed buffer zone around driveways and entrances of reproductive health care facilities. In a 75-page opinion, the court rejected First Amendment, Equal Protection and Due Process challenges. The court found that the law is a content-neutral, narrowly-tailored time, place and manner regulation. In response to plaintiffs' Free Exercise challenge,the court held:

The Act does not regulate speech, expression, prayer, singing, worship or display of religious articles. It merely regulates where such expression may take place, i.e., outside of a clearly marked buffer zone during the normal business hours of an RHCF. The Act also applies to all non-exempt persons equally. As a result, this court is “bound to conclude that the regulation does not discriminate against a particular religion or religious practice.”

Catholic Hierarchy Takes Issue With Peolosi, Biden On Their Pro-Life Views

Fox News reported yesterday that the Catholic Archbishop of Washington, DC, Donald Wuerl has publicly taken issue with remarks about the Church's view on abortion made by House Speaker Nancy Pelosi. On Meet the Press last Sunday, pro-choice Pelosi said the Church's current view that life begins at conception has been Church doctrine for only 50 years or so. In a news release on Monday, Archbishop Wuerl said: "We respect the right of elected officials such as Speaker Pelosi to address matters of public policy that are before them, but the interpretation of Catholic faith has rightfully been entrusted to the Catholic bishops.... The Catechism of the Catholic Church is clear: the current teaching of the Catholic Church on human life and abortion is the same teaching as it was 2,000 years ago."

Meanwhile in the same article Fox News reports that pro-choice Joseph Biden in 2006 made the point that the Church's current view that life begins at conception was adopted unequivocally only in the 19th century during the reign of Pope Pius IX. (Interestingly, in Roe v. Wade (at fn. 61), Justice Blackmun similarly argued that the Catholic Church's current view became its official position only in the 19th century.) Reacting to Biden's views, Denver's Archbishop Denver Archbishop Charles Chaput recently told the AP: "I presume that his integrity will lead him to refrain from presenting himself for communion, if he supports a false 'right' to abortion."

Mega-Church Leader Says IRS Investigation Is Politically Motivated

Rev. Mac Hammond, founder of the mega-church Living Word Christian Center in Minneapolis (MN), has accused the IRS of political motivations in their investigation of him. Tuesday's Minneapolis Star-Tribune reports that Hammond, in a letter to congregants, says that the IRS summons demanding financial information from him is part of "a very clear effort, on a national scale, to discredit, defame and intimidate ministries and preachers of what has been called the 'prosperity gospel.'" The IRS has filed a petition in federal district court to enforce its summons. Melissa Rogers last week posted more background information on the Hammond investigation.

Tuesday's Religious Events At The Democratic National Convention

Here are the religious events (full schedule) that took place on Tuesday in Denver at the Democratic National Convention. At noon, the first Faith Caucus, moderated by Rev. Jim Wallis, was held. The theme of the first panel was "Common Ground on Common Good." The official schedule listed panel members as Dr. Douglas W. Kmiec, Rabbi Jack Moline, Rev. Jennifer Kottler, Bishop Wilfredo DeJesus and Rev. John Hunter. However reports of those attending say panelists also included former U.S. Rep. Tim Roemer and Rev. Dr. Susan Thistlewaite. Christianity Today reported on the caucus. The caucus was interrupted by an anti-abortion protester who was ushered out. (Christianity Today). The second panel's topic was "How an Obama Administration will Engage People of Faith." Panel members were: Rabbi David Saperstein, Prof. John Dilulio and Rev. Otis Moss, Jr. UPDATE: The Aug. 28 Wall Street Journal has further coverage of the panel discussions.

The opening invocation (full text) was given by Dr. Cynthia Hale, Disciples of Christ, Decatur, GA. The closing benediction (full text) was given by Revs. Jin Ho Kang and Young Sook Kang, Methodist, Aurora, CO.

Meanwhile, a press release by Operation Rescue founder Randall Terry advertised that tomorrow in downtown Denver, "Catholic and Evangelical Christians will peacefully 'break the law' to protest the slaughter of the innocent by abortion, and to call on fellow Christians to reject the Obama/Biden 'Ticket of Death.'"

British Prosecutor Says Religious Flagellation Was Child Cruelty

In Manchester, England, Syed Mustafa Zaidi is on trial for child cruelty after he encouraged two young boys to flog themselves with a 'zanjeer' (bladed whip) at a Matam ceremony held in Manchester last January. The ceremony, observed by some Shi'a Muslims, involves self-flagellation as part of a mourning period in the Muslim calendar. Yesterday's Manchester Evening News reports that in closing arguments at trial, the prosecutor said that children under 16 cannot legally consent to take part in the ceremony. The prosecutor also argued against any religious freedom defense because the ceremony is voluntary and not a fundamental doctrine of the Shi'a faith.

UPDATE: Monday's London Mail reports that the jury returned a verdict of guilty in the case after two and one-half hours of deliberation. Zaidi faces up to ten years in prison.

Presidential Nominating Conventions and the Establishment Clause-- An Analysis

As the Democratic Party at its National Convention this week reaches out to religious voters, the question arises as to whether the Establishment Clause places any limits on religious activity at Presidential nominating conventions. (See Don Byrd's recent posting at Blog from the Capital.) The courts have not faced this precise issue, but a series of Supreme Court cases have focused on related concerns. At the heart of the issue is whether political parties are, at their conventions, engaged in governmental action covered by the Constitution, or whether instead they are acting as private associations which protected by the Constitution.

Early on in Smith v. Allwright (1944) and Terry v. Adams (1953), the Supreme Court struck down party primaries or pre-primaries that precluded Blacks from voting, finding that they violated the 15th Amendment's ban on states infringing the right to vote on the basis of race. However, more recently when states began to impose various sorts of limitations on party primaries, the Supreme Court has held that the associational rights of political parties are protected by the First Amendment. The court's discussion in the 2000 case of California Democratic Party v. Jones is particularly instructive. The Court struck down California's requirement that every primary voter receive a ballot listing candidates from all political parties. Justice Scalia, writing for the majority, said:

[W]e have not held ... that the processes by which political parties select their nominees are, as respondents would have it, wholly public affairs that States may regulate freely. To the contrary, we have continually stressed that when States regulate parties' internal processes they must act within limits imposed by the Constitution.... [R]espondents' reliance on Smith v. Allwright ... and Terry v. Adams ... is misplaced.... These cases held only that, when a State prescribes an election process that gives a special role to political parties, it "endorses, adopts and enforces the discrimination against Negroes" that the parties ... bring into the process--so that the parties' discriminatory action becomes state action under the Fifteenth Amendment....They do not stand for the proposition that party affairs are public affairs, free of First Amendment protections....

Justice Stevens dissent (joined by Justice Ginsburg) distinguished state primaries from the action of political parties. However as to political parties, Stevens wrote:

A political party could, if a majority of its members chose to do so, adopt a platform advocating white supremacy and opposing the election of any non-Caucasians. Indeed, it could decide to use its funds and oratorical skills to support only those candidates who were loyal to its racist views. Moreover, if a State permitted its political parties to select their candidates through conventions or caucuses, a racist party would also be free to select only candidates who would adhere to the party line.

Does this make it clear that the Establishment Clause is inapplicable to national party conventions? Can parties impose religious tests on who may be a delegate? Would imposing a religious test on who may be the party nominee violate Article VI of the U.S. Constitution that prohibits any religious test for any office under the United States?

USCIRF Issues New Report On Vietnam Religious Freedom Concerns

The U.S. Commission on International Religious Freedom yesterday released a 32-page report on religious freedom in Vietnam (full text). The report, which includes findings from USCIRF's 2007 trip to Vietnam, concludes that "religious freedom conditions in Vietnam continue to be mixed, with improvements for some religious communities but not for others; progress in some provinces but not in others; reforms of laws at the national level that are not fully implemented or are ignored at the local level; and still too many abuses of and restrictions on religious freedom affecting most of Vietnam's diverse religious communities." The Commission calls on the State Department to re-designate Vietnam a "country of particular concern" under the 1998 International Religious Freedom Act. From 2004 to November 2006, Vietnam had carried the CPC designation; however it was removed in 2006 just before President Bush visited the country for an Asia-Pacific Economic Cooperation Summit. (See prior posting.)

6th Circuit Upholds Ohio Funeral Picketing Ban In Challenge By Church

In Phelps-Roper v. Strickland, (6th Cir., Aug. 22, 2008), the U.S. 6th Circuit Court of Appeals upheld the constitutionality of Ohio's Funeral Protest Provision (ORC Sec. 3767.30) which prohibits picketing or other disruptive protest activities within 300 feet of a funeral service during the service and for a one-hour window on either side of it. The lawsuit challenging the provision was brought by a leader of the Topeka, Kansas Westboro Baptist Church whose members have traveled around the country picketing funerals of veterans killed in Iraq and Afghanistan, and other events. Their protest signs generally urge that American soldiers have been killed as God's punishment of the country for tolerating homosexuality. The court held:

Because we find that the Funeral Protest Provision is content-neutral, serves an important governmental interest, is narrowly tailored, and affords ample alternative channels of communication, we hold that it is a reasonable time, place, and manner restriction that does not violate the First Amendment.

CBS News reported on the decision last Friday. [Thanks to Volokh Conspiracy for the lead.]

Dems' Convention Begins and Ends With Christian Prayer Urging Social Justice

Former Colorado state senator Polly Baca gave the invocation opening the Democratic National Convention Monday afternoon in Denver. Her invocation (full text) asked for God's guidance and focused on commitment to "the poor, the sick, the disabled, the stranger, the immigrants." The invocation was explicitly Christian, ending with "We pray in the name of the Father, the Son, and the Holy Spirit."

Monday's closing benediction (full text) was given by Don Miller, a Portland, Oregon author and speaker on Christian spirituality. He replaced Cameron Strang who decided not to give the benediction out of concern that it could be seen as a political endorsement. (See prior posting.) Christianity Today published an interview with Miller about his planned benediction and his political views. Miller's benediction focused on social justice issues and economic opportunity, as well as on "our moral standing in the world". It ended with: "I make these requests in the name of your son, Jesus, who gave his own life against the forces of injustice. Let Him be our example."

A DNC release lists all faith leaders who will open and close convention sessions with prayer. The only non-Christian delivering an invocation is Rabbi David Saperstein of the Union for Reform Judaism. He will open Thursday's session, the evening on which Obama will accept the nomination. Faith caucuses are scheduled of early afternoon on Tuesday and Thursday. Participants in them are also listed in the DNC release.