In Malaysia, Parties Seeking Federal Court Ruling In Catholic Paper Case

As previously reported, in Malaysia the Catholic newspaper The Herald has filed suit in the High Court in Kuala Lumpur to challenge the Home Ministry's decision banning the paper from using the term "Allah" as a synonym for God in its Malay-language reporting. Now, according to yesterday's New Straits Times, several state religious councils have obtained a stay a stay of proceedings until Feb. 27 from the court so the parties can ask the Federal Court for a ruling on the constitutionality of various laws involved in the case. Meanwhile, the Malaysian Gurdwaras Council will ask the Attorney-General to avoid a confrontation in the case.

In Nigeria, Children Accused by Churches of Being Witches Are Tortured By Their Families

Saturday's Lagos Guardian reports that in parts of the Nigerian states of Akwa Ibom and Cross River, there has been an alarming increase in the number of children who are suspected by their parents of being "witches" or "wizards." Many of them are abandoned, tortured or killed by their families after prophets from Pentecostal sects declare the children to possess strange powers. The craze seems to have been started in the late 1990's by Prophetess Helen Ukpabio, founder of the Liberty Gospel Church. Her home movies portrayed some children as possessing supernatural powers that they can use to bring misfortune to their families. The Child's Right Rehabilitation Network (CRARN) is providing shelter for over 150 of these abused children at its Children's Centre, and is working to get the parents who tortured or murdered children prosecuted.

A Review of Same-Sex Marriage Developments In Connecticut

In the widespread coverage of the battle over gay marriage in California, less attention has been given to a decision by the Connecticut Supreme Court last month holding that limiting same-sex couples to civil unions, instead of marriage, violates the equal protection guarantees of the Connecticut state Constitution. An article in this week’s Yale Herald titled Gay Couples Marry as Campus Christians Sit Silent is occasion to look more closely at developments in Connecticut.

In Kerrigan v. Commissioner of Public Health, (CT Sup Ct, Oct. 10, 2008) (majority, dissents 1, 2, 3), the court, in a 4-3 decision, applied intermediate scrutiny to strike down Connecticut's statutory scheme barring same-sex marriage. Opponents then supported a proposal that is automatically on the November ballot every 20 years to call a state constitutional convention. [corrected]. The convention could have potentially proposed a constitutional amendment to overturn the court's decision. However, that proposal was overwhelmingly defeated at the polls earlier this month.

Of particular interest is the analysis by the majority in the Kerrigan case concluding that sexual orientation is a quasi-suspect classification that triggers heightened scrutiny. One part of the test for a quasi-suspect class is its "political powerlessness." As the court explained:

a group satisfies the political powerlessness factor if it demonstrates that, because of the pervasive and sustained nature of the discrimination that its members have suffered, there is a risk that that discrimination will not be rectified, sooner rather than later, merely by resort to the democratic process.

Interestingly, the court then went on to, in part, rely on the strong religious opposition to homosexual activity as evidence of the political powerlessness of gays and lesbians. The court said:

Feelings and beliefs predicated on such profound religious and moral principles are likely to be enduring, and persons and groups adhering to those views undoubtedly will continue to exert influence over public policy makers.

The court then added in a footnote (fn. 37):

Of course we do not suggest that there is anything untoward or improper about such efforts to mold public policy or opinion, for such activity lies at the core of our democratic system. Nor do we equate religious beliefs with prejudice. Our point is simply that gay persons face steep, if not insurmountable, hurdles in changing or even modifying deeply held beliefs that their manner of sexual intimacy is morally unacceptable.

Britain's New Pension Authority Will Offer Sharia-Compliant Option

In 2006, Britain enacted legislation to reform its pension system. Among other things, the Pensions Act 2007 created the Personal Accounts Delivery Authority which will create new low cost pension savings vehicles for individuals. (Background.) The London Telegraph reported yesterday that the Authority will offer a Sharia-compliant pension fund as one of the options in order to encourage Muslim participation. Many Muslims who have low-paying jobs or who have recently moved to Britain are thought to have little saved for retirement so far. The Sharia-compliant fund would not invest in financial service firms, or in companies involved in gambling, liquor or pornography industries. Britain's Child Trust Fund already offers Sharia-compliant baby bonds.

Germany Will Not Attempt To Ban Scientology Now

The AP reports that Germany’s Interior Minister Wolfgang Schaeuble, as well as domestic intelligence authorities from Germany's 16 states, agreed Friday that they had insufficient evidence to open formal proceedings to ban the Church of Scientology. To open proceedings, authorities need evidence of unconstitutional activities. They had been monitoring Scientology-- which they consider a business that takes advantage of vulnerable individuals.-- to determine if it seeks to limit basic human rights such as equality and the right to develop one’s personality. Even though they are not proceeding with charges now, authorities will continue to monitor Scientology’s activities in Germany. (See prior related posting.)

Muslim Group Urges NYPD To Revise Its Assessment of Domestic Terror Threat

At a press conference held on Thursday, the New York Muslim American Civil Liberties Coalition released a report titled: Counterterrorism Policy: MACLC's Critique of the NYPD’s Report on Homegrown Radicalism. As reported by The American Muslim, the report calls on the New York Police Department to update its 2007 study, Radicalization in the West: Homegrown Radicalism. The MALC report's Preface summarizes the objections to the NYPD study:

The NYPD Report calls into question the loyalties and motivations of law-abiding and mainstream Muslims in a deeply offensive way and paints them as potential threats to national security without substantiated evidence. Furthermore, it erroneously associates religious precepts with violence and terror, irrespective of First Amendment and Equal Protection rights. As such, MACLC has found that the NYPD Report neither protects American Muslims from undeserved scrutiny and profiling nor strengthens domestic security discourse.

Hezbollah In Lebanon Harnessing Religion of Youth For Its Political Agenda

Today's New York Times carries a long investigative article starting on its front page titled Hezbollah Seeks to Marshal the Piety of the Young. It says in part:

At a time of religious revival across the Islamic world, intense piety among the young is nothing unusual. But in Lebanon, Hezbollah — the name means the party of God — has marshaled these ambient energies for a highly political project: educating a younger generation to continue its military struggle against Israel. Hezbollah’s battlefield resilience has made it a model for other militant groups across the Middle East, including Hamas. And that success is due, in no small measure, to the party’s extraordinarily comprehensive array of religion-themed youth and recruitment programs.

County Council Member Objects To Rezoning Because of Opposition To Church Policy

Catholic News Agency reports today that Beaufort County, South Carolina Councilwoman Laura Von Harten has apologized for controversial remarks she made at a Council committee meeting last Monday. The Beaufort (SC) Gazette reported on Tuesday that the county's Land Management Committee, on which Von Harten does not sit, approved rezoning for expansion of St. Gregory the Great Catholic Church by a vote of 5-2. During discussion at the Committee meeting, however, Van Harten spoke to say she would not support the rezoning when it comes up for a full Council vote because of "human rights issues." She said that Catholic Church policies are an "affront to my dignity and all of womankind." She especially objected to the Church's ban on female clergy and her dislike of the way the Church wishes to "control women's uteruses." She said: "I don't want to support anything that will perpetuate that kind of ideology."

Apologizing on Tuesday, Von Harten said that her human rights concerns relate to "the Catholic Church as a political entity, with a seat at the United Nations, but I acknowledge that I offended individuals in my own community." She added: "Please be assured that I have been reminded of the importance of separation of church and state in matters of land use, and have learned a great deal from this incident." She now says she will abstain from voting on the St. Gregory zoning issue when it reaches Council.

PA School Board Says Teachers Can Be At "Pole" Event With A Disclaimer

Pennsylvania's Carlisle Area School Board, responding to the threat of a lawsuit, voted 8-1 yesterday to allow teachers to attend this year's student-led "See You At the Pole" event. At the annual event, held around the nation, students gather before school at the flag pole to pray for their school, fellow-students, teachers and nation. According to today's Harrisburg (PA) Patriot-News, teachers attending will be required to make clear that they are there in their individual capacities and not as school employees. One of 49 parents who signed a letter opposing teacher attendance testified at the board meeting: "It defies logic that students should believe that a teacher should issue a disclaimer, that for a few moments they are peers under a flag pole, 40 yards from the school." (See prior related posting.)

Bangladesh Elections Threaten To Disenfranchise Muslims On Hajj

Wednesday's Daily Star reports on an election controversy in Bangladesh. Parliamentary elections are scheduled for December 18. This however is during the Hajj, and over 48,000 Bangladeshis who will be in Saudi Arabia for the religious pilgrimage will be disenfranchised. The BNP-four party alliance has demanded that election be rescheduled. However some legal experts argue that rescheduling would violate the election code that prohibits using religion for political or electoral purposes.

Proponents Announce New Strategy On Display of Nativity Scenes

CBN News yesterday reported that two Christian groups have come up with a new holiday display strategy. The National Clergy Council and the Christian Defense Coalition have begun "The Nativity Project." It encourages individuals to display nativity scenes in public places such as city halls, state capitol buildings and other public buildings. Project promoters say that "as individual citizens" these displays can be put up-- sometimes with, and sometimes without a permit. While not explicit on the matter, apparently the idea is for individuals to temporarily display the nativity scenes and stay with them in areas open for advocacy activities. The story touts the placing of a nativity scene in front of the U.S. Supreme Court yesterday-- apparently there temporarily while proponents were with it. Proponents also announced that for the first time ever, the groups have permission to stage a live nativity scene in Times Square on December 6th. The project is also encouraging the display of nativity scenes outside of private homes-- an activity that poses no legal problems.

Court Issues Preliminary Injunction Allowing Evangelist To Preach On Public Plaza

In Borden v. City of Modesto, (ED CA, Nov. 19, 2008), a California federal district court issued a preliminary injunction requiring the city of Modesto to give evangelist Kevin Borden equal access to the city's pedestrian Tenth Street Plaza to preach and proselytize. In its 22-page opinion, the court held that the entire Plaza is a public forum. Brenden Theaters, located adjacent to the Plaza, on various week end nights rented out part of the Plaza for parties. At those times it excluded Borden from the rented barricaded area, even though the rented area was essentially open to anyone else. The court held that the city may not delegate to those who rent out space unfettered discretion to exclude entry. The preliminary injunction-- which will remain in effect while the action is pending-- however allows exclusion of Borden when space is rented out for truly private events or for expression of a particular message. Alliance Defense Fund issued a release discussing the decision.

Indonesian Police Look To Prosecute Blogger Who Posted Muhammad Cartoons

In Jakarta, Indonesia, a government spokesman says that the Indonesian National Police cybercrime unit is attempting to trace the identity of a blogger whose blog contains cartoons depicting the prophet Muhammad. Jakarta Metro Police Special Crime Investigation Commissioner Raja Erizman says that the server and the blogger are outside of Indonesia, and that the blogger's motive is to upset Indonesia's Muslim community. According to Tempo Interactive yesterday, officials say the blogger, if identified, will be charged criminally with defaming religion and with violating the Information and Electronic Transaction Law.

Texas Board of Education Hears Testimony On Proposed Science Standards

Yesterday, the Texas State Board of Education heard testimony on its proposed standards for teaching science. Links to the full text of the standards and panel reports on them are available from the Texas Education Agency's website. Today's Dallas Morning News reports on testimony of some of the nearly 90 people who had registered to speak at the hearings. The focus was primarily on how evolution should be taught. As summarized by the paper:

College professors, science teachers and pro-evolution groups urged the board to drop a rule that requires the strengths and weaknesses of Darwin's theory to be taught in science courses, while conservative groups aligned with a sizable bloc of board members said the rule has worked well and hasn't forced religion into those classes as critics charge....

Revisions recommended by a panel of experts this week call for changing the "strengths-and-weaknesses" standard to "strengths and limitations." Another recommendation calls for middle school students to "discuss possible alternative explanations" for scientific concepts.

White House Won't Comment On Summum Case

The major church-state case pending before the U.S. Supreme Court this term is Pleasant Grove City, UT v. Summum. It was argued last week. (See prior posting.) Apparently the White House wants to steer clear of the controversy. Here is an exchange from yesterday's White House press briefing (full text) by Press Secretary Dana Perino. The reporter asking the question was WorldNet Daily correspondent, Les Kinsolving:

Q: Does the President believe or reject the contention that the First Amendment grants the 33-year-old Summum organization a right to erect a monument to its Seven Aphorisms in the city of Pleasant Grove, Utah, because there's a Ten Commandments monument?

MS. PERINO: Les, I really don't understand why you ask me these questions at the briefing. It's kind of a waste of your time, and it's a waste of everybody else's time. And it's really a waste of my time.

Q: No. This was page one.

MS. PERINO: I missed it.

Q: It was page one.

WorldNet Daily reported today on the exchange.

Court Says Church Can Continue Use of Building, But Must Comply With Code

In Guatay Christian Fellowship v. County of San Diego, (SD CA, Nov. 18, 2008), a California federal district court, citing "the overwhelming public interest ... in religious freedoms and activities", issued a preliminary injunction allowing a church to continue to meet in a trailer park recreation center that it rented. The building is currently zoned for serving alcoholic beverages and live entertainment, but not for religious use, and the county had issued a cease and desist order against the church. While enjoining enforcement of that order, the court required the church to first remedy the eight most serious code violations identified by county zoning authorities and to apply for a master use permit within 30 days of remedying the violations. Other code violations must be remedied within 90 days. The court said that the church's RLUIPA claim was not ripe because the church had not applied for a use permit or a zoning change. Today's San Diego Union-Tribune reports on the decision.

California Supreme Court Will Hear Challenges To Proposition 8

The California Supreme Court yesterday agreed to accept original jurisdiction over challenges to voter approval of Proposition 8, the ballot measure that bans same-sex marriage. (Judicial Council press release.) Yesterday's Los Angeles Times reports on the court's action. The cryptic two-page order issued by the Supreme Court (full text) actually covers a good deal of ground. It agrees to hear three of the six cases filed challenging the validity of Proposition 8. It permits the official proponents of the ballot issue to intervene as a party. In the order, the Court agreed (over one dissent) to decide whether Proposition 8 is a "revision" rather than an "amendment" to California's Constitution. The Proposition was passed under procedures for amendments. The Court will also decide whether Proposition 8 violates the separation of powers doctrine under California's constitution. In addition, if the court decides that Proposition 8 is valid, it will determine its effect on pre-existing gay marriages performed in California.

Finally, the court (over one dissent) refused to stay the operation of Proposition 8 pending the court's decision in the matter. A release by ProtectMarriage.com called denial of the requested stay the most significant part of the order. It is unclear what the court will do as to three other challenges that have been filed, including one by a number of religious groups. (See prior posting.)

Meanwhile, other countries are facing legal issues involving gay marriage. Jurist reported yesterday that the Supreme Court of Nepal has ordered an end to government discrimination based on sexual orientation. It has told the government to draft legislation permitting same-sex partnership and marriage. This follows a decision last year by the Court holding that sexual minorities should be granted equal rights.

UPDATE: The Los Angeles Times reported Wednesday that Proposition 8 supporters are considering the possiblility of a recall campaign aimed at California Supreme Court justices who vote to invalidate the approval of Proposition 8.

UPDATE: All orders, pleadings and briefs in the Proposition 8 challenges are posted on a special page on the Supreme Court's website.

Chabad Messianists Again Lose Court Battle Over Crown Heights Building

Earlier this month, a Brooklyn, New York trial court issued another decision in the long-running battle between two factions of the Chabad Lubavitch movement-- those who believe that the late grand Rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah, and those who reject the messianist faction. A December 2007 trial court decision gave control of the movement's Crown Heights headquarters to the anti-messianist faction (Agudas Chasedei Chabad and Merkos L'Inyonei Chinuch), allowing them to eject the other faction which maintained a congregation (known as Congregation Lubavitch, Inc.) in the building's basement. (See prior posting.) Apparently this decision has been appealed.

As part of the long running case, in 2006 the court issued an order (full text) barring various individuals in the messianist faction from defacing, removing or interfering with a plaque commemorating the Rebbe's death that had been placed on the outer wall of Chabad's headquarters building. The messianists objected to the plaque because it referred to the Rebbe using a Hebrew acronym for "of blessed memory," thus suggesting that he was dead. (See prior posting and this background.)

Now in Merkos L'Inyonei Chinuch, Inc. v. Sharf, (NY Kings Co. Sup. Ct., Nov. 3, 2008), a New York trial court rejected an attempt by one of the parties to challenge the 2006 decision. In addition the court rejected an attempt by the messianists--Congregation Lubavitch, Inc. (CLI)-- to obtain access to a security plan that Merkos L'Inyonei Chinuch (MLC) agreed to in accepting New York state homeland security funds. CLI also wanted the court to order the concealment of any security cameras and to ban recording of prayer services on the sabbath and holidays except for law enforcement purposes. Also, apparently still asserting their control of the basement synagogue, CLI wanted to ban MLC from access to interior video recordings and wanted other restrictions on access to recordings. The court, relying on the 2007 decision that MLC was the legitimate owner of the property, held that CLI had no basis to obtain these limitations. [Thanks to J.J. Landa for the lead.]

Clergy Led Prayer Is Back In Indiana House

The Indy Star reports that this week, for the first time since January 2006, the Indiana state House of Representatives opened its session with a prayer led by a clergyman. In late 2005, a federal district court enjoined sectarian prayer in the House, but in late 2007 that decision was reversed by the 7th Circuit that held plaintiff lacked standing. (See prior postings, 1, 2.) In 2006, House members had gathered at the back of the Chamber to pray. In 2007 and 2008, the House Speaker read a nonsectarian prayer from the podium. But now clergy-led prayer has returned. Rev. Matthew Barnes opened Tuesday's session with a non-sectarian invocation that asked for God's guidance and blessings, but did not mention Jesus.

UPDATE: Thursday's Fort Wayne Journal Gazette says that the Indiana Senate will open its 2009 sessions with prayers offered by Senate members and by visiting clergy.

Jury Finds For Boulder Colorado Church In RLUIPA Case

The Longmont (CO) Times Call reported yesterday that a federal court jury has rendered its decision in Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado. (See prior posting.) The case involves a challenge to the denial of a church's application for a special use permit so it can expand its facilities. The jury rejected the church's equal protection claims, but found that the Boulder County Commissioners violated the Religious Land Use and Institutionalized Persons Act by not treating the church equally with non-religious institutions and by placing a substantial burden on its exercise of religion. The jury did not award damages that the church sought to cover construction cost increases.