Suit Against Oral Roberts University Settled

Today's Tulsa (OK) World reports that a lawsuit against Oral Roberts University by two former faculty members was settled this week. The lawsuit against the Christian university had alleged that the plaintiffs were wrongfully dismissed as faculty after they reported the University's use of resources in a candidate's political race for mayor in Tulsa and improper use of university funds by then-president Richard Roberts for home remodeling and for travel and other lifestyle extravagances for his wife and daughter. (See prior posting.) The terms of the settlement, reached in court-ordered mediation, are confidential.

En Banc Review Denied In Las Cruces Case

The U.S. 10th Circuit Court of Appeals yesterday rejected a petition seeking an en banc rehearing in Weinbaum v. City of Las Cruces. The Las Cruces (NM) Sun-News reports on the court's action. (See prior related posting.) In the case, a 3-judge panel dismissed an Establishment Clause challenge to the use of three Latin crosses as the symbol of the city of Las Cruces. (See prior posting.)

Bangladesh Islamist Party Changes Charter To Qualify For Registration

In Bangladesh, the Election Commission has ordered political parties to register, or else they will be disqualified from running candidates in the December 18 election that will bring Parliamentary democracy back to the country. (Registration laws.) For two years the country has been ruled by caretaker regimes. (Background). Today's Daily Star reports that the Bangladesh Jamaat-e-Islami party has made changes to its charter to qualify it to register. Its earlier charter had provided that only Allah could be accepted as the law-making authority, that party members must not swear loyalty to anyone except Allah and must refuse to obey anything that is not ordained by Allah and based on Allah's laws. The Election Commission held that these provisions unconstitutionally undermined the legislative authority given to Parliament by Bangladesh's Constitution. It is expected that between 30 and 35 parties will eventually qualify for registration, though many more have applied.

NY Diocese Gets Property of Break-Away Episcopal Parish

In Episcopal Diocese of Rochester v Harnish, (NY Ct. App., Oct. 23, 2008), New York's high court held that when All Saints parish broke away from the Episcopal Diocese of Rochester, New York, its property remained with the Diocese and the Protestant Episcopal Church of the United States of America. The Dennis Canon adopted in 1979 by the General Convention of the National Church provides that "All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which Parish, Mission or Congregation is located." The "neutral principles" test requires the court to respect these provisions. Virtue Online reports on the decision.

Dominican Republic High Court Upholds Country's Concordat With Vatican

On Wednesday, the Supreme Court of the Dominican Republic rejected a constitutional challenge to the 1954 Concordat and Final Protocol entered between the Vatican and the Dominican State. (Constitution in Spanish.) According to Dominican Today, the court held that although under the Concordat (Art. XXII), the government agrees to teach the Catholic religion and moral education in elementary and secondary public schools, the Concordat does not ban teaching of other religions as well. The challenge was brought by Jesus is Sanctity and Eternal Life Ministry on behalf of evangelical churches. (Background). The full text of the Court's 15-2 decision is available online in Spanish.

Florida Supreme Court Rejects "False Light" Claims In Jews For Jesus Case

In Jews for Jesus, Inc. v. Rapp, (FL Sup. Ct., Oct. 23, 2008) the Florida Supreme Court closed one avenue of relief, but opened another, in the long-running lawsuit by Edith Rapp who claimed that Jews for Jesus published a false report from her missionary stepson that she had joined the organization. Answering a question certified to it by the state court of appeals, the Supreme Court held that Florida does not recognize the tort of false light invasion of privacy. However, the court went on to hold that Florida does recognize a cause of action for defamation by implication, which covers literally true statements conveyed in a way that creates a false impression. The Supreme Court also held that a communication can be considered defamatory if it "prejudices" the plaintiff in the eyes of a "substantial and respectable minority of the community." Liberty Counsel issued a release on the decision. (See prior related posting.)

Religious Education Program In Israel's Military Questioned

In Israel, questions are being raised about the expanding role of the Chief Military Rabbinate in offering educational programs for members of the Israeli Defense Forces. Haaretz reported yesterday that the IDF's Education Corps is concerned that the Rabbinate's program harms "the delicate fabric of relations between the nonreligious and religious in the IDF." An officer expressed concern about "religious brainwashing and, indirectly, also political [brainwashing]." The spread of the Rabbinate's "Jewish Awareness" offerings has been made possible by significant private contributions to the Fund for Strengthening Israel's Defense, earmarked for the rabbinate's educational activities.

Cert. Filed In City Council Sectarian Prayer Case

Last Monday, a Petition for Certiorari (full text) was filed with the U.S. Supreme Court in Turner v. City Council of the City of Fredericksburg Virginia, (Docket No. 08-518). In the case, the U.S. 4th Circuit Court of Appeals (in a decision written by Sandra Day O'Connor sitting as a Circuit judge) upheld the city council's policy that requires prayers which open its sessions to be nondenominational. (See prior posting.) The cert. petition raises free exercise, Establishment Clause, free speech and overbreadth issues, including the question of whether prayer offered by an individual city council member is "government speech". [Thanks to Rob Luther for the lead.]

Green Bay Opts For Secular Holiday Displays This Year

Last year, Green Bay Wisconsin found itself in the middle of litigation after the then-City Council president put up a nativity scene at City Hall. (See prior posting.) Yesterday, the City Council's Advisory Committee, by a 5-1 vote, passed and sent on to City Council a resolution that would require holiday displays on city-owned property this year to be non-religious in nature. Reporting on the action, yesterday's Green Bay Press Gazette said that during the Committee's discussion, members pointed out that, while not opting for that result, the city would be within its rights to put up a nativity scene so long as it is accompanied by secular symbols.

India Law Commission Urges Changes In Marriage Laws

The Law Commission of India has recently issued a report on Laws of Civil Marriages in India –A Proposal to Resolve Certain Conflicts. In India, citizens currently have a choice of marriage under their religion-specific marriage laws, or a civil marriage under the Special Marriage Act of 1954. The report suggests that the law be changed to turn the 1954 Act into a general Marriage Act that would also apply to all inter-religious marriages except those within the Hindu, Buddhist, Sikh and Jain communities. The report also suggests changes in the law so that individuals marrying under the Marriage Act can still take advantage of inheritance rules related to their religion. IndLaw News summarizes the report.

This month the Law Commission also issued another report, Laws on Registration of Marriage and Divorce – A Proposal for Consolidation and Reform, that would require registration of all marriages and divorces regardless of the religion of the parties. IndLaw News summarizes the report.

Turkey High Court's Headscarf Opinions Published

Yesterday, Turkey's Constitutional Court published in the Official Gazette the majority and dissenting opinions in its June ruling striking down constitutional amendments that would have allowed wearing Islamic headscarves on university campuses. (See prior posting.) The provision in Turkey's constitution that the country is secular and democratic is unamendable, and the court said in its earlier order that the amendments violated that principle. According to Today's Zaman,the newly-published majority opinion said in part: "Persons might feel obliged to wear a headscarf, which goes against freedom of conscience. In a state regime where the nation has sovereignty, there can be no room for divine will based on Godly orders." The dissenters wrote: "The interpretation that the amendment runs contrary to the Constitution's principle of secularism is a forced interpretation."

Jordanian Poet Charged With Insulting Islam and Quran

Today's Jordan Times and Abu Dhabi's The National earlier this week report on the controversial charges filed by Jordan's state-run Press and Publication Department (PPD) against poet Islam Samhan. The poet has been charged with insulting Islam and the Quran. Apparently the problem is that Samhan incorporated verses from the Quran into his love poetry. He is also charged with violating Jordan's Press and Publications Law because his book of poetry, whose title is variously translated as "Grace Like a Shadow" or "In A Slim Shadow", was published by an unlicensed press and a copy was not submitted to PPD in advance. The Jordanian Writers Association is particularly concerned that Samhan was charged after consultation only with religious authorities, and there was no consultation with specialists in poetry or literature. Copies of Samhan's book have already been removed from bookstores in Jordan. He faces a potential fine of up to the equivalent of $28,000 (US) and up to three years imprisonment.

Pennsylvania School District Sued Over Restrictive Flyer Policy

Yesterday Alliance Defense Fund announced the filing of a lawsuit against the Haverford Township, Pennsylvania school district challenging school policies that preclude the Good News Club from sending flyers home with students promoting their after-school religious meetings. The complaint (full text) alleges that the schools permit a wide variety of community groups to distribute informational literature to students, but exclude Good News Club flyers because of their religious nature. The suit claims that this policy violates state and federal expression and free exercise protections, as well as the federal equal protection and due process clauses.

Complaint To IRS Focuses On Unusual Political Endorsement By Church

Americans United has sent a letter (full text) to the Internal Revenue Service complaining about an unusual type of political endorsement by an Espanola, New Mexico church. As described by its press release:

Rock Christian Fellowship ... has posted two large photos on its building. One depicts an aborted fetus and has underneath it three last names of Democratic candidates: Obama, Udall and Lujan.... The other photo is of a healthy baby and has below it three last names of Republican candidates: McCain, Pearce and East..... The photo of the healthy baby is headlined "Life." Below the display are the words "YOU WILL DECIDE."

AU calls the photos a "stunt" and says that they violate tax code limitations on political involvement by 501(c)(3) non-profit organizations. The New Mexican last week carried a story on the church's challenge to the ban on political activities, accompanied by photos of the display.

Westhampton Eruv Supporters File Arguments In Response To Opposition

On Oct. 19, attorneys for the Hampton Synagogue in Westhampton Beach, New York, filed a letter with the Village Board (full text) defending the constitutionality of their proposed eruv (symbolic enclosure of space). The letter comes in response to a memo filed with the Village Board earlier this month by opponents of the eruv. (See prior posting.) The synagogue's letter says that the important constitutional issue at stake is whether the issuance by a governmental body of a ceremonial proclamation, necessary in order that the eruv be valid, is a violation of the Establishment Clause. Citing prior case law, the letter argues that the proclamation poses no Establishment Clause problem:

Whether judged under the Lemon test or the endorsement test ... there is a secular purpose-allowing observant Jews to carry and push babycarriages and wheelchairs to the park or to the homes of friends . It does not advance any particular religion since it would not impose the Jewish religion on any other residents and ... the Village has taken action to accommodate the religious beliefs of other Village residents . Finally, there will be no entanglement since no further government approvals are necessary and the eruv will be constructed and maintained with no expenditure of public funds . Similarly, under the endorsement test ..., no reasonable observer would conclude that by issuing the proclamation, the Trustees are endorsing the practices of Orthodox Jews.

The letter further argues that refusing a petition to issue a proclamation validating the eruv would be a violation of the free exercise rights of members of the Hampton Synagogue. Hamptons.com yesterday reported on the synagogue's letter to Village trustees.

Cert. Filed In Mojave Desert War Memorial Cross Case

On Oct. 10, the U.S. Solicitor General filed a petition for certiorari with the Supreme Court in Kempthorne v. Buono, (Docket No. No. 08-472). In the case, the 9th Circuit found Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the Veterans of Foreign Wars. The full 9th Circuit, with 5 judges dissenting in a long opinion, denied en banc review. (See prior posting.) Today's Los Angeles Times reports on the filing of the cert. petition, indicating that the petition argues that the retired park service employee who brought the action lacked standing and, in any event, Congress cured any problem by conveying the land to the VFW, a private organization. (See prior posting.)

UPDATE: Here is the full text of the petition for certiorari, thanks to Inverse Condemnation blog.

Death Sentence For Journalism Student Reduced to 20 Years By Afghan Court

As previously reported, in January journalism student Sayad Parwez Kambaksh was sentenced to death after a 5-minute trial by an Afghanistan court. He was charged with distributing an online article to which he had added comments, critical of the Quran's view of women. Yesterday's New York Times reported than an appeals court has now reduced the student's sentence to 20 years in prison. However international journalism organizations are severely criticizing the fairness of both the trial and the appellate proceedings. Kambaksh's lawyer plans an appeal to the Supreme Court and asked Afghan President Hamid Karzai "to intervene and to not let the corruption in the judicial system violate the rights of Afghan citizens."

CNN Interviews Muslim-Americans On Upcoming Election

In a report published yesterday, CNN interviewed a number of Muslim-Americans about their views on the upcoming election. CNN says that Muslim-Americans "are more interested than ever before in the political process, in part because their religion has been reduced to a talking point in the presidential campaign." This report followed on Sunday's remarks by former Secretary of State Colin Powell criticizing Republican attempts to paint Barack Obama as a Muslim, but adding:"What if he is? Is there something wrong with being a Muslim in this country? No, that's not America. Is there something wrong with some 7-year-old Muslim kid believing that he or she can be president?"

Court Says Loyalist Members of Episcopal Parish Are Proper Board of Governors

New v. Kroeger, (CA Ct. App., Oct. 21, 2008) is an action brought by the members of San Diego, California's St. John’s Parish who remained loyal to the Episcopal Church after a majority of parish members broke away and affiliated with the more conservative Anglican Church in Africa. Plaintiffs sought a declaration that the governing board they elected is the proper board of directors of the Parish. After the break-off, they, as remaining remaining members, elected a new governing board, but the break-away board refused to relinquish their seats or control of parish assets. The Court of Appeals, reversing the trial court, held that the break-away members lacked authority to amend the Parish corporation's governing documents to make it part of the Anglican church. By taking the action they did, defendants were no longer part of the Episcopal Church and could not be the lawful directors. The court then concluded that, applying neutral rules, it must give deference to the San Diego Diocese's determination as to who constituted the true members of St. John's Parish. Today's Los Angeles Metropolitan News-Enterprise reported on the decision. [Thanks to Robert H. Thomas for the lead.]

Iowa Christian Group Wants Information On Judges' Worldview

The Cedar Rapids (IA) Gazette reports today that the Iowa Christian Coalition is urging the public to vote "No" on retention of all judges who are up for a retention vote in November under Iowa's merit-based selection system. An article by ICC lobbyist Norm Pawlewski objects that none of the voters guides on judges reveal a judge's political views or worldview-- especially on issues such as abortion or gay rights. He concludes: "Considering that the Iowa Bar and the Iowa Trial Lawyers Association are the source of most of the judges now on the bench, and that both of those organizations are considered by most Christians to be less than supportive of a biblical worldview and would hardly put forward for appointment an openly Christian conservative lawyer, guess what worldview dominates Iowa’s Judiciary?"