School Ban On Student Speech Claiming Supremacy of Religious View Struck Down

Miller v. Penn Manor School District, (ED PA, Sept. 30, 2008), involved a challenge to a Pennsylvania school district's Student Expression policy. It was brought by a high school student who was told he could not wear to school a T-shirt that promoted homeland security and was imprinted on the back, in part, with the words: "Special Issue-Resident-Lifetime License, United States Terrorist Hunting Permit..." While the court upheld most of the school district's policy-- including the prohibition on speech that incites violence-- the court issued a preliminary injunction against enforcing two portions of the policy. It found the ban on student dress or expression that "is a distraction to the educational environment" to be overbroad and vague. It also found the ban on student expressions that "seek to establish the supremacy of a particular religious denomination, sect or point of view" to be overbroad.

Court Rejects Establishment Clause Challenge To School Program

In Freedom from Religion Foundation, Inc. v. Cherry Creek School District, 2008 U.S. Dist. LEXIS 76938 (D CO, Sept. 8, 2008), a Colorado federal district court rejected an Establishment Clause challenge to a school district program called "40 Developmental Assets." The program listed 40 positive factors that parents are encouraged to build in their children. Plaintiffs objected to one of the listed assets-- encouraging children to spend one or more hours per week in activities in a religious institution. The court held that the overall program had a secular purpose and would not likely be perceived by non-religious parents as disapproving their beliefs. The court said that the program had to be considered as a whole, instead of dissecting out one of forty elements for separate examination. (See prior related posting.)

Federal Court Removal Denied For Counterclaims In Yeshiva Housing Case

In Village of Chestnut Ridge v. Town of Ramapo, 2008 U.S. Dist. LEXIS 76881 (SDNY, Sept. 30, 2008), a New York federal district court rejected an attempt by defendant alleging RLUIPA and Fair Housing Act counterclaims to remove a case from New York state courts to federal court. The original lawsuit included 14th Amendment and Establishment Clause challenges to a zoning law enacted by the town of Ramapo that would allow high density adult student housing to be built in a residential area by Orthodox Jewish educational institutions. The court held that the attempt by defendant to remove the case to federal court was not timely because in fact the land at issue had been secretly transferred to the defendant seeking removal early in the litigation, and defendant should have become a party at that time. The court went on to hold that even if removal was timely, it should not be permitted because there were no federal claims alleged that justified removal. (See prior related posting.)

Prosperity Gospel May Have Helped Create Sub-Prime Mortgage Victims

On Wednesday, banks received details from the FHA on implementing the new "Hope for Homeowners" program. The program will allow some over-extended borrowers to refinance into more affordable mortgages. (CNN Money). It may be that one group of religious believers will be particularly interested. Time Magazine today suggests that the teachings of pastors preaching the Prosperity Gospel have made their followers more likely to be victims in the current mortgage crisis. The central teaching of these churches-- that God will "make a way" for the poor to enjoy the luxuries of life —encouraged followers to take out sub-prime mortgages that were beyond their means. Author Jonathan Walton says congregants were likely to believe: "God caused the bank to ignore my credit score and blessed me with my first house." Those who study the movement say it is likely that Prosperity Gospel congregants have been disproportionately victims in the current bursting of the housing bubble.

Court Finds No Viewpoint Discrimination In Teacher's Actions On Jesus Poster

In Peck v. Baldwinsville Central School District, (ND NY, Sept. 30, 2008), a New York federal district court concluded that a kindergarten teacher and a school principal did not engage in viewpoint discrimination when they displayed a student's poster on environmental issues only after folding a picture of Jesus on the poster under so that it was not visible. The court found that plaintiffs had not proven that the teacher would have treated a purely secular image that was non-responsive to a class assignment any differently. The posters were to display what students had learned from the environmental curriculum they had studied. The court also concluded that the teacher and principal had a legitimate pedagogical concern that if the poster were displayed in full, other parents might think that the school was teaching religion. The case was on remand to the court from the Second Circuit. (See prior posting.)

FLDS Mother Seeks Damages Against Texas For Legal Action After Ranch Raid

In the continuing litigation stemming from Texas Child Protective Services' (CPS) raid last April on an FLDS Ranch compound, one mother has taken the offensive in attempting to get the case against her, and efforts to remove her child, dismissed. Yesterday's Deseret News reports that Naomi Johnson has filed a motion alleging that the abuse charges against her were frivolous, and that the state is continuing the case merely as an effort to save face and minimize its liability. Johnson is not only seeking dismissal, but also an award of damages and attorneys' fees, claiming that the only purpose for CPS' action was to destroy "disfavored religious beliefs, to turn a profit and to disseminate false allegations of abuse to other agencies." Litigation has already been dropped against some 304 of the original 439 children who were taken into temporary custody and then released back to a parent after CPS lost in the Texas Supreme Court.

Amish Farmer's Fine For Refusing To Comply With Waste Disposal Rules Upheld

In Ebensburg, Pennsylvania, a state court judge affirmed the earlier conviction of Amish farmer Andy Swartzentruber who refused on religious grounds to install holding tanks and contract with a certified sewage hauler for disposal of waste from two out houses on his property used by Amish school students. However the court dismissed charges against school elder Sam Yoder, saying that compliance was the responsibility of the landowner. Yesterday's Morning Call reports that the toilets at issue have now been replaced, but the new ones do not comply with regulations either. The attorney for the county Sewage Enforcement Agency said that obtaining a permit to treat sewage with proper levels of lime would satisfy regulations and allow dumping of human waste on a field as the Amish now do. Members of the Amish community are willing to use the lime, but are not willing to apply for the permit. Defendant Andy Swartzentruber was ordered by the court to bring the toilets into compliance within 30 days or else pay a $500 fine. (See prior related posting.)

ADL Reports Increase In Anti-Semitic Internet Postings During Financial Crisis

The Anti-Defamation League reported yesterday that as the financial crisis grows in the U.S., there has been a dramatic increase in the number of anti-Semitic statements posted on Internet discussion sites relating to finance and the economy. Many of the messages charging Jewish control of government and finance surfaced in message board comments relating to the collapse of Lehman Brothers. Operators moderating message boards, such as Yahoo! Finance, have been quickly removing the anti-Semitic postings, but their volume has made it difficult to keep up with them. A number of blogs and conspiracy, neo-Nazi and white supremacy websites have also carried anti-Jewish comments relating to the economic situation.

Parents Charged With Homicide For Relying On Faith Healing

In Clackamas County, Oregon, in the second case of its kind in the county this year (see prior posting), parents have been arrested for negligent homicide for failing to seek medical treatment for their son. KTVB News reports that Jeffrey and Marci Beagley voluntarily surrendered themselves yesterday and posted bond in connection with charges growing out of the death of 16-year Neal Beagley from complications from a urinary tract infection. The parents attempted to heal their son with prayer instead of medical intervention.

Arkansas Court of Appeals Says Mother's Religion Was Not Factor In Custody Award

In Hicks v. Cook, (AR Ct. App., Oct. 1, 2008), Andrea Hicks, mother of a 2-year old child, appealed a trial court's shifting of custody to child's father, arguing that the trial judge impermissibly based his decision on his perception of Hicks religious beliefs. In his decision, the trial judge indicated concern about Hicks comments that she was involved with the Wicca religion. On appeal, Judge Gladwin's opinion for himself and Judge Glover found that the trial court did not base its decision on Hicks' religious involvement, and, even if it did, this was harmless error in light of other grounds for changing custody. Judge Griffen wrote a concurring opinion, as did Judge Marshall. Judge Hart dissented, as did Judge Heffley. Foster's Daily Democrat reported on the decision yesterday.

NY School's Plan For Yoga Creates Church-State Controversy

In Massena, New York, to the surprise of the Massena Board of Education, a church-state controversy has broken out over plans to introduce yoga in the classroom as a technique to relieve stress before exams. Newsday reported yesterday that the Board has agreed to delay its decision on adopting the program and has invited two teachers who have developed the proposal to demonstrate the relaxation techniques at this month's Board meeting. Rev. Colin Lucid of Calvary Baptist Church, one of the opponents, said: "We are not opposed to the benefits. We can understand the benefits. We are opposed to the philosophy behind it and that has its ties in Hinduism and the way they were presenting it." School board president Julie Reagan, however, said that there are no religious motives involved and that Federal grants are available to teachers seeking yoga certification. Some 100 schools in 26 states have already introduced yoga.

2009 Religious Freedom Moot Court Announced

George Washington University Law School has announced that it will host the 2009 National Religious Freedom Moot Court on Feb. 6-7. According to organizers, this year's problem will deal with the applicability of the "ministerial exception" in state civil rights claims alleging employment discrimination on the basis of sexual orientation.

Author Suggests Church-State Questions For Tonight's Vice-Presidential Debate

Author Susan Jacoby, writing at Newsweek's On Faith, sets out her suggestions for the questions on church-state issues that should be asked of Joe Biden and Sarah Palin at tonight's vice-presidential debate. She suggests seven specific questions, with an emphasis on how the candidates view-- both broadly and narrowly-- church-state separation issues.

UPDATE: On last night's CBS Evening News, Katie Couric, ahead of tonight's debate, asked each of the vice-presidential candidates several questions. Two were of particular interest. Here are their answers to a question on church-state separation, and here are their responses to a question about Roe v. Wade.

Army Confirms Anti-Semitic Incident During Solider's Basic Training

The Public Record reported Tuesday that Georgia Senator Saxby Chambliss received confirmation from the Pentagon of an anti-Semitic incident suffered by Army Private Michael Handman during basic training at Ft. Benning, GA. Handman was subjected to anti-Jewish epithets and forced by his drill sergeants to remove his yarmulke (head covering) during dinner. Subsequently he was beaten by fellow-soldiers, resulting in his being hospitalized with a concussion.

A Pentagon investigation into the anti-Semitism (but not the beating) concluded that two non-commissioned officers had: "inadvertently violated the Army Regulation concerning the free exercise of religion by requiring the Soldier to remove his yarmulke and by using inappropriate terms when referencing the Jewish faith. While the actions of the NCO’s were not meant to be malicious, and were done out of ignorance for regulations and cultural awareness, this does not excuse their conduct. The command intends to reprimand both NCO’s for their conduct; require them to present formal blocks of instruction on what religious are authorized for wear; and finally, the battalion chaplain will instruct all cadre members on the Army policy concerning religious accommodation."

Parliament Expands Churches In Which Anglican Couples May Be Married

In Britain, Parliament enacts changes to rules governing the Church of England, once they have been approved by the General Synod of the Church of England. (Fact Sheet on Church of England Measures). Yesterday's Christian Post reports that Parliament's new Church of England Marriage Measure 2008 has just gone into effect. The new law makes it easier for couples to be married in the Church of England by expanding the parish churches they can choose. They no longer need to currently live or attend church in the parish in which they wish to have their marriage ceremony. Now it is also enough that they previously lived or attended church there, that the bride or groom was baptised or confirmed in the parish, their parents lived or attended church there, or their parents or grandparents were married there.

Suit Challenges College's Rules On Access For Speakers

The Alliance Defense Fund this week reported on a lawsuit it has filed challenging speech restrictions at a California community college. In Dozier v. Members of the Board of Governors, Yuba College District, (ED CA filed 9,29/2008), (full text of complaint), a college student challenged campus rules and permit requirements that limited his ability to preach and hand out gospel tracts in outdoor areas of the campus. (ADF press release.)

Justice Department Sues DC Transit Authority For Religious Discrimination

Washington Business Journal reported yesterday that the Department of Justice has filed a Title VII religious discrimination lawsuit against Washington DC's Metropolitan Area Transit Authority. Suing on behalf of Gloria Jones, a member of the Apostolic Pentecostal faith, the complaint alleges that WMATA violated its obligation to accommodate religious beliefs when it refused to hire Jones because her religious views require her to wear long skirts. This is inconsistent with WAMTA's uniform requirements that call for drivers to wear pants. According to the Justice Department's release on the case, the complaint "seeks an order requiring WMATA to reasonably accommodate and provide equal employment opportunities for persons whose religious practices require an accommodation to the uniform policy..., monetary damages and other relief...."

Episcopal Church Settles With 2 Break-Away Virginia Congregations

The Episcopal Church and the Episcopal Diocese of Virginia have settled with two of eleven break-away congregations that they sued after the congregations joined the more conservative the Convocation of Anglicans in North America. Yesterday's Anglican Journal reports that the settlement is with Potomac Falls Church in Potomac Falls, and Christ the Redeemer Church in Chantilly, neither of which held real property. The two congregations will make a payment of an undisclosed amount and will be released from future liability arising from the lawsuit. The other nine congregations, which are attempting to keep their church buildings and other property after the break off, remain in extended litigation. (See prior related posting.)

Sarkozy Defends Ban On Sikh Turbans At Summit With India's Prime Minister

Tuesday's issue of New Europe reports that French President Nicolas Sarkozy was placed in an awkward position at the press conference concluding the European Union/India Summit in Marseille. Standing next to Indian Prime Minister Manmohan Singh, a Sikh who was wearing a light blue turban, Sarkozy was asked by a reporter about a French law that prohibits Sikh civil servants from wearing turbans at work, and Sikh public school students from wearing them in school. An irritated Sarkozy replied: "Sir, we respect Sikhs. We respect their customs, their traditions. They are most welcome to France. But sir, we have rules, rules concerning the neutrality of civil servants, rules concerning secularism, and these rules don't apply only to Sikhs, they apply to Muslims or others. They apply to all on the territory of the French Republic." (See prior related posting.)

Israeli Religious Papers Have Issues on Covering Likely New Prime Minister

The New York Daily News reported last week on an unusual issue of press coverage created by Israel’s Haredi (ultra orthodox Jewish) newspapers. The newspapers never publish photos of women, citing concerns relating to religious modesty. The rule will continue to be applied to Tzipi Livni who has been chosen to become the country’s new prime minister, if she can put a coalition together. Haredi papers blur the faces of women when they are in photos used for other purposes. In addition, the Haredi papers will not use the first name, "Tzipi", that Livni uses. It is short for "Tziporah". Haredi will not address a woman by her first name, especially if it is a nickname. So these papers will refer to the potential Prime Minister as "Mrs. T. Livni" or just "Mrs. Livni." [Thanks to Religion and State in Israel for the lead.]