New Bolivian Constitution Approved By Voters; Catholicism Disestablished

According to the New York Times, by a 56.8% majority yesterday voters in Bolivia approved the country's new Constitution. Unlike the old Constitution that gave special recognition to the Roman Catholic Church, Catholicism is not specifically mentioned in the new document. AP says that the new Constitution honors both the Christian God and the Andean earth deity, Pachamama who continues to be worshipped by many Bolivian Catholics. (BBC News Background). The new Constitution also guarantees freedom of religion and separation of church and state. (See prior related posting.)

5 Christians Charged With Blasphemy Are Released By Pakistan Court

Bos News Life reported yesterday that the release of five Christians charged with insulting Islam has been negotiated in Pakistan. Under the arrangement, a Punjab court ordered the five released, and Islamic clergy will issue a fatwa declaring them innocent of blasphemy. The charges against the five grew out of communal violence that was triggered after an argument between a 12-year old Christian boy and a Muslim acquaintance. Their argument resulted in a sticker containing the name of Allah ending up on the ground. Meanwhile Pakistan's Federal Minister for Minorities, Shahbaz Bhatti, says he favors repeal of Pakistan's blasphemy laws.

Pope Revokes 4 Excommunications-- Including A Holocaust Denier

In a controversial move yesterday, Pope Benedict XVI revoked the 1988 excommunication of four right-wing bishops who had been appointed to their positions in consecrations that were not approved by the Vatican. Today's New York Times reports on the move that attempts to normalize the Vatican's relationship with the Society of St. Pius X. The Society was founded in 1970 by French archbishop Marcel Lefebvre as a protest against the modernizing reforms of Vatican II.

Most controversial of the four reinstated clergy is Richard Williamson who has denied the Holocaust and has charged that the U.S. government staged the 9-11 attacks as a pretext to invade Afghanistan. In an interview last year, Williamson said that "historical evidence" disputes the conclusion that millions of Jews were "deliberately gassed in gas chambers as a deliberate policy of Adolf Hitler." The London Telegraph quotes a Williamson interview given this week in which he said: "I believe there were no gas chambers ... I think that 200,000 to 300,000 Jews perished in Nazi concentration camps but none of them by gas chambers." Catholic-Jewish relations, as well as Vatican discussions with Israel over a planned Papal visit, are likely to be complicated by the Pope's move.

UPDATE: Monday's National Catholic Reporter carries an article titled: Lefebvre movement: long, troubled history with Judaism which says: "The historical association between some strains of traditionalist Catholicism and anti-Semitism run deep, intertwined with royalist reaction to the French Revolution in the 18th century and, later, the Boulanger and Dreyfus Affairs in France (1886-1889 and 1894-1899)."

UPDATE2: According to Tuesday's New York Times, Bishop Bernard Fellay, director of the St. Pius X Society, wrote the Pope on Tuesday rejecting Williamson’s statements, saying they "do not reflect the position of the society." He expressed regret over the problems that the statements had caused.

UPDATE3: Bloomberg reports that on Thursday, another Catholic priest, this time from the northern Italian town of Treviso, entered the arena of Holocaust denial. He told a local newspaper: "I know that gas chambers existed to disinfect. But I can’t tell you if they killed anyone or not." [Thanks to PewSitter for the lead.] UPDATE: Haaretz reported on Feb. 7 that this Italian priest has been expelled from the Italian branch of the Society of St. Pius X.

Good Friday Time Off At Wisconsin Tech Colleges Challenged

The Freedom From Religion Foundation charges that Wisconsin's Moraine Park Technical College (MPTC)-- and all but one of the other state technical colleges-- is violating a 1996 court order that found a state law mandating public facilities observe Good Friday to be unconstitutional. Today's Fond du Lac (WI) Reporter says that MPTC is traditionally closed on Good Friday and its collective bargaining agreement lists Good Friday as a holiday. School officials say they were unaware of the court decision until FFRF filed a complaint with them. MPTC Vice President of Human Resources Kathy Broske said that the holiday was bargained for with unions for a secular purpose, but that the school would confer with legal counsel and would change their policy if they are not in compliance with law. Officials at two other technical colleges also say they will take steps to comply with the law now that they know of the 1996 ruling.

Vatican Launches Its Own YouTube Channel

UPI reports that the Vatican has launched its own YouTube channel. Pope Benedict XVI announced the new channel on Friday, which was World Communications Day. The channel will carry film clips of the Pope's speeches and activities. The clips will be in Italian, with translations into English, German and Spanish.

Sri Lanka Commission Urges Steps To Prevent Unethical Conversions of Buddhists

In Sri Lanka, the Commission on Unethical Conversions, headed by former High Court judge Kalubowilage Sarath Gunatilake and comprised of a number of former government officials, has released a report recommending several steps to protect against unethical conversions of Buddhists to other faiths. The Colombo (Sri Lanka) Sunday Times says in tomorrow's edition that the Report recommends newly registered religious or missionary institutes be required to furnish an affidavit promising to engage in religious work only among their already established followers. It also calls for approval by a District Secretary for the construction or expansion of any place of worship.

The Report urges the government to investigate religious groups that arrived in Sri Lanka after 1972, and ban any found to be harmful. The Finance Ministry should monitor non-governmental organizations to prevent them from carrying out unethical conversions. The Report calls for the All Ceylon Buddhist Congress to create a center where members of the public can file complaints about unethical conversion attempts, unauthorized construction of places of worship, fundamentalist "praying centres" and other attempts to tarnish the image of Buddhist clergy.

State Lawsuit Challenges Ban on Sacramental Cannabis

Today's Lewiston, Maine Sun Journal reports on a lawsuit filed in in Oxford County (ME) Superior Court last week by Norman Hutchinson who claims that his free exercise rights are violated by prohibiting him from using cannabis. Hutchinson is a member of the Religion of Jesus Church whose 12 tenets mandate the use of the substance. In 2004, Hutchinson was indicted for cultivating cannabis and plead guilty in a plea bargain the next year. His suit against the state of Maine, the Maine Drug Enforcement Agency and the Mexico (ME) Police Department charges violation of his free exercise rights. It also asserts claims for false imprisonment, trespass, invasion of privacy and negligent and intentional infliction of emotional distress.

Obama Expands Availability of Foreign Aid Grants For Family Planning

In a move that was widely expected, President Barack Obama has increased the availability of federal funding for voluntary family planning programs in foreign countries by reversing a Bush administration policy. A Presidential Memorandum issued Friday (full text) explained that the Foreign Assistance Act contains a narrow ban on nongovernmental organizations using federal grant funds to encourage or coerce abortions or to pay for abortion as a method of family planning. The Reagan and Bush administrations had, through the "Mexico City Policy", expanded this to deny USAID (and subsequently also State Department) funds to any private group that used money, even from private sources, for abortion counseling or to lobby a foreign government to make abortion available. Obama's action rescinds the Mexico City Policy.

In a Statement (full text) explaining the policy change, President Obama said:

For too long, international family planning assistance has been used as a political wedge issue, the subject of a back and forth debate that has served only to divide us. I have no desire to continue this stale and fruitless debate. It is time that we end the politicization of this issue.

Several Catholic groups issued statements criticizing the President's action. The U.S. Conference of Catholic Bishops called the move "very disappointing." Archbishop Rino Fisichella, president of the Pontifical Academy for Life, called the action arrogant. (AFP). Perhaps the strongest criticism came from Bill Donohue, president of the Catholic League for Religious and Civil Rights, who said: "Here we have a black president taking money from the taxpayers in a time of economic crisis and giving it to organizations —many of which are anti-Catholic— so they can spend it on killing non-white babies in Third World nations."

Meanwhile, a statement from the Religious Action Center of Reform Judaism welcomed Obama's decision, saying: "In a world where poor reproductive health remains the leading cause of death for women, and complications from unsafe abortion result in approximately 67,000 deaths and at least 5 million serious injuries annually, today marks an important step forward."

University of Florida Changes Rules On Recognizing Student Religious Groups

In a press release yesterday, Liberty Counsel reported that the University of Florida has changed its policy on the recognition of student religious groups. The University has added the following language to its rules:

A student organization whose primary purpose is religious will not be denied registration as a Registered Student Organization on the ground that it limits membership or leadership positions to students who share the religious beliefs of the organization. The University has determined that this accommodation of religious belief does not violate its nondiscrimination policy.

In connection with the rule change, the University has invited Gator Christian Life to return to its former status as a registered student organization. The University's Student Union announced the rule change on its website.

EEOC Lawsuit On Behalf of Sikh Is Settled

A press release from United Sikhs reports that a religious discrimination lawsuit brought by the EEOC on behalf of Sukhdev Singh Brar was settled earlier this week. Brar was denied employment with Texas based Champion National Security because of his religiously-mandated long hair and turban. (See prior posting.) The security firm agreed to pay Brar $24,000 in damages. The company will also post non-discrimination notices on employee bulletin boards and will provide employees with Sikh awareness training.

Court Rejects Challenge By Hasidic Jews To NY Housing Authority Rules

In Ungar v. New York City Housing Authority, 2009 U.S. Dist. LEXIS 3578 (SD NY, Jan. 14, 2009), a New York federal district court rejected challenges by a group of Hasidic Jews to the of the New York City Housing Authority's Tenant Selection Assignment Plan as it operates to allocate access to public housing units in the Williamsburg section of Brooklyn. Plaintiffs, particularly concerned about access to apartments to accommodate large families, claim that they have religious needs to live near various religious facilities and other members of their religious community in Williamsburg.

The court rejected plaintiffs' argument that receipt of federal funding made the federal Religious Freedom Restoration Act applicable to the city housing agency. It also rejected plaintiffs' federal Fair Housing Act claim that the failure to provide applicants for public housing with the option to designate three Williamsburg projects has a disparate impact on the Hasidic community. Finally the court rejected plaintiffs' free exercise claim, holding that "the Authority's admission and transfer policies do not bar any particular religious practice or interfere in any way with the free exercise of religion by singling out a particular religion or imposing any disabilities on the basis of religion."

Court Upholds Native American School Child's Hair Length Claim

In A.A. v. Needville Independent School District, (SD TX, Jan. 20, 2009), a Texas federal district court granted a permanent injunction preventing Needville (TX) Elementary School officials from enforcing the school district's hair style policy against a 5-year old whose family taught him to wear his hair in two long braids in the tradition of Native American religions. The school board was only willing to accommodate the request by allowing the boy to wear his hair in a single braid, tucked into the back of his shirt.

The court first determined that plaintiffs have sincerely held religious beliefs that their hair should be worn long and concluded that the school's policy significantly burdens those beliefs. However the court upheld the school's requirement that a new application for exemption from the hair style policy be filed each year. Finding that the exemption policy is not a neutral rule of general applicability, the court subjected it to strict scrutiny. It concluded that the policy violated plaintiff's free exercise, free expression and due process rights as well as the Texas Religious Freedom Act. Yesterday's Houston Chronicle reports on the decision. (See prior related posting.) [Thanks to Eric Rassbach and Matthew Caplan for the lead.]

Orthodox Rabbi Criticized For Participating In National Prayer Service

One of the participants in Wednesday's National Prayer Service at the National Cathedral was Orthodox Rabbi Haskel Lookstein of New York's Congregation Kehilath Jeshurun. JTA reports that the Rabbinical Council of America (RCA), the main Modern Orthodox rabbinical association, says that Lookstein violated its rules by his participation. RCA takes the position that Orthodox Jewish law both prohibits Jews from entering a church sanctuary and precludes participation in interfaith prayer. Lookstein said that after consultation with halachic (Jewish law) experts, he decided that attendance would be appropriate to honor the President, particularly because representatives of other branches of Judaism were participating. Lookstein said that when he met Obama at the service, he thanked him for his support of Israel and, with Obama's consent, recited a traditional blessing said when one sees a king or national ruler.

Amish Man Held In Contempt Over Sewage Regulations

Yesterday's Johnstown (PA) Tribune-Democrat reported that a Cambria County, Pennsylvania judge has held a member of the conservative Swartzentruber Amish sect in contempt. Andy Swartzentruber has refused on religious grounds to bring outhouses at an Amish school into compliance with municipal sewage rules. Swartzentruber must pay a $500 fine and bring the outhouses into compliance within six months. If he does not, he faces additional fines and up to six months in jail. The school could also be closed down by authorities. (See prior related posting.)

March for Life Held Yesterday; Obama Supports Choice

Yesterday tens of thousands of anti-abortion proponents took part in the annual March for Life on the National Mall in Washington, DC. The event was held on the 36th anniversary of the Supreme Court's decision in Roe v. Wade. Catholic News Service reports that an all-night vigil was launched with a mass at the Basilica of the National Shrine of the Immaculate Conception. Yesterday, according to CBS News, President Obama released a statement strongly supporting abortion rights which read in part: "Roe v. Wade ... not only protects women's health and reproductive freedom, but stands for a broader principle: that government should not intrude on our most private family matters...."

Court Orders Russian Government To Protect Religious Documents

Last year, The Orthodox Jewish Chabad-Lubavitch movement sued Russia to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) The case is still being litigated, but it appears that about a dozen pages of rare religious manuscripts from the collection under the control of the Russian State Military Archives have turned up in Israel. So in December, plaintiffs filed a motion charging the Russian Federation with not properly guarding the material. Both the New York Times and an article at Chabad.org yesterday report that D.C. federal district judge Royce Lamberth issued a restraining order requiring Russia to protect the documents and return any that have already have been removed from the Russian State Military Archives. However the court refused to order Russia to permit a Chabad delegation into the country to check on how the collection was being preserved. The judge said he did not think he had authority to order Russia to accept foreigners into the country.

Meanwhile, American Lawyer reported yesterday that the law firm of Squire, Sanders & Dempsey which represents the Russian government has filed a motion seeking to withdraw its representation in the case, saying there has been a breakdown in communication with their client, and that their bills to the client have not been paid. The Chabad.org report says that the court ordered the attorneys to remain on the case, but warned a default judgment could be issued if the representation question is not resolved.

Planned Defenses In Canadian Polygamy Case Disclosed

As previously reported, Canadian authorities in British Columbia have brought polygamy charges against two rival religious leaders in the town of Bountiful, home to polygamous religious communities, including the FLDS. Yesterday an AFP story outlined the defenses that attorneys say they will raise in the high-profile case. Blair Suffredine, lawyer for defendant Winston Blackmore, says he will argue that polygamy is protected under Canada's constitutional guarantee of freedom of religion, even though the Canadian Charter of Rights and Freedoms permits "reasonable limitations" on protected rights. He argues that if a man lived with ten women he did not marry, there would be no crime, and that there is not a societal interest in punishing so-called "celestial marriage" to multiple wives. He also says he will argue that since same-sex marriage is legal in Canada, polygamy should also be treated in the same way.

Texas State Board Begins Hearings on Science Curriculum Standards

On Wednesday, according to the New York Times, the Texas State Board of Education began contentious hearings on revising of the state's science curriculum standards. (See prior posting.) At issue is whether the Board will accept a panel recommendation to drop language calling for students to analyze the "strength and weaknesses" of scientific theories and to replace it with language that is seen by scientists as less likely to undercut the teaching of evolution. The new language calls on students to "analyze and evaluate scientific explanations using empirical evidence." Proponents of the new language say that the "strengths and weaknesses" formulation is used to justify exposing students to religious theories masquerading as science. Tony's curricublog has audio files of the hearings. [Thanks to Scott Mange for the lead.]

UPDATE: In a vote on Thursday, the State Board tentatively voted 8-7 in favor of the new language that would drop the reference to "strengths and weaknesses." (San Antonio Express-News; Houston Chronicle).

ACLU Sues Minnesota Identity Charter School

ACLU of Minnesota announced yesterday that it has filed a federal lawsuit against Tarek ibn Ziyad Academy (TIZA), a publicly-funded cultural identity charter school operating in the Twin Cities area. The complaint in ACLU of Minnesota v. Tarek Ibn Ziyad Academy, (D MN, filed 1/21/2009) alleges that the funding and operation of TIZA violates the Establishment Clause of the U.S. Constitution and of the Minnesota Constitution (Art. 1, Sec. 16), the Minnesota Constitution's ban on aid to sectarian schools (Art. XIII, Sec. 2), as well as the Minnesota statute governing charter schools (Minnesota Statutes §124D.10). The suit claims that school policies promote Islam and that the school has improperly leased land from sectarian organizations. Yesterday's Minneapolis Star-Tribune reported on the case. (See prior related posting.)

9th Circuit Upholds Restaurant's Win In Title VII Case

In EEOC v. Serrano's Mexican Restaurant, LLC, (9th Cir., Jan. 5, 2009), the U.S. 9th Circuit Court of Appeals upheld an Arizona federal district court jury's determination that a restaurant chain had reasonably accommodated a fired manager's religious beliefs. The 9th Circuit's decision affirmed the trial court's denial of a motion for a new trial in the Title VII religious discrimination case. Yesterday's East Valley Tribune reports that in the case the EEOC claimed that the restaurant chain had infringed the rights of Terra Naeve when it fired her for leading Bible studies for the employees she managed. The company had a policy against managers fraternizing with subordinates. Naeve had rejected a company offer to move her to a different restaurant so that she would no longer be supervising her Bible group participants.