Groups Will Portray Nativity Scene On Supreme Court Sidewalk

Two groups, Faith and Action and the Christian Defense Coalition , plan this morning to temporarily display a live Nativity Scene on the public sidewalk in front of the U.S. Supreme Court. Christian Newswire reports that the display is part of Operation Nativity and the Nativity Project which promote manager scenes on both public and private property.

Malaysia Authorities Charge Progressive Muslim Cleric

In Malaysia, Islamic authorities have charged a popular progressive Muslim preacher with conducting a religious lecture in the state of Selangor without authorization from the state's Islamic department. AP reported yesterday that Asri Zainul Abidin plead not guilty in a Sharia court. He charges selective prosecution. Abidin has criticized the country's Islamic authorities' increasingly hard line bans on behavior seen as immoral, and has said that Malaysia's senior clerics should not be followed blindly.

Deputy Proposes Change In Russia's National Anthem to Remove Reference To God

Interfax reported yesterday that a member of the Russian State Duma representing the Communist Party has introduced a bill to change one line in the Russian Federation's national anthem. Deputy Boris Kashin wants to change "You, Our one Native land, protected by God!" to "You, Our one Native land, protected by us!" An explanatory note to the proposal says that since a substantial part of the Russian population does not believe in God, the current anthem does not correspond to their beliefs.

Israel's High Court Denies Rehearing In Grant of Kosher Certification To Messianic

Arutz Sheva reported yesterday that Israel Supreme Court Chief Justice Dorit Beinisch has denied a rehearing in a case in which the court held that the Rabbinate in the city of Ashdod may not impose enhanced supervision requirements in granting a kashrut certificate (kosher certification) to a bakery owned by a Messianic Jew. The Chief Rabbinate Council were concerned that the owner, because of her beliefs, could not be trusted to keep her bakery kosher. (See prior posting.) Beinisch ruled that the question of whether the owner was trustworthy needed to be determined by civil law standards, not religious law. The director of Yad L'Achim, an Israeli group that opposes missionary activities, said he would seek a change in legislation. He continued: "Otherwise, missionaries, armed with official kashrut certifications, will be able to entice religious people into their waiting arms."

Think-Tank Charges U.S. Conservatives With Using African Clergy In LGBT Battles

Political Research Associates, a Massachusetts-based progressive think tank, yesterday released a 42-page report titled Globalizing the Culture Wars: U.S. Conservatives, African Churches and Homophobia. The report focuses primarily on developments in Uganda, Kenya and Nigeria. Here are a few excerpts from the Executive Summary:

U.S. conservatives have successfully recruited a significant number of prominent African religious leaders to a campaign seeking to restrict the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The flagship issue ... is the ordination of LGBT clergy by mainline Protestant denominations-- particularly the Episcopal, Presbyterian, and Methodist churches-- in the United States....

As a direct result of this campaign, homophobia is on the rise in Africa-- from increased incidents of violence to antigay legislation that carries the death penalty....

[O]ne of the main organizations promoting homophobia in both Africa and the United States over the last decade is the Institute on Religion and Democracy (IRD), a well-funded neoconservative think tank that opposed the African liberation struggles. In Africa, IRD and other U.S. conservatives present mainline denominations' commitments to human rights as imperialistic attempts to manipulate Africans into accepting homosexuality-- which they characterize as a purely western phenomenon. For IRD, this campaign is part of a long-term, deliberate, and successful strategy to weaken and split U.S. mainline denominations, block their powerful progressive social witness promoting social and economic justice, and promote political and social conservatism in the United States. Using African leaders as a wedge in the U.S. conflicts is only its latest and perhaps most effective tactic.

Additional background is also available from PRA's website. Ekklesia carries an article on PRA's new report.

EEOC Says TSA Failed To Accommodate Rastafarian's Dreadlocks

In a decision last week, the Equal Employment Opportunity Commission ruled that the Transportation Security Administration violated Title VII of the 1964 Civil Rights Act when it failed to accommodate the need of a Rastafarian baggage screener at Boston's Logan Airport to wear long hair. TSA reprimanded the employee and threatened to exclude him from promotions or dismiss him for violating TSA grooming standards. In Brissot v. Napolitano, (EEOC, Nov. 12, 2009), an Administrative Judge in an interim decision concluded that the TSA failed to make a good faith effort to find ways to permit the employee to continue to wear his long dreadlocks as required by his religious beliefs. An ACLU press release says that a hearing on the amount of damages to be awarded in the case will be held in February 2010.

Cloture Voted On Hamilton's Nomination For 7th Circuit

Yesterday, the U.S. Senate voted 70-29 to invoke cloture and thus end debate on the nomination of Indiana federal district judge David Hamilton to the U.S. 7th Circuit Court of Appeals. (See prior related posting.) As reported by the Christian Science Monitor, opponents raised a number of issues, including Hamilton's short stint after college with ACORN and a decision he wrote invalidating Indiana's informed consent abortion law that would have required two trips to a clinic to obtain an abortion. However, the greatest focus by opponents were Hamilton's two related 2005 decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.)

The most strident criticisms accused Hamilton of "prohibiting prayers that mention Jesus Christ in the Indiana House of Representatives, but allowing prayers that mention Allah." (Red State blog.) That charge grew out of language in Hamilton's second opinion explaining the scope of the injunction. It specifically banned sectarian prayer, including Christian prayer that uses the name of "Christ." Hamilton emphasized that the only sectarian prayers that seem to have been offered in the Indiana House were Christian ones. Non-sectarian prayer, addressing God more generically, is permitted. Hamilton wrote:

The Arabic word "Allah" is used for “God” in Arabic translations of Jewish and Christian scriptures. If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language's terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others. If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.

The Senate is scheduled to take its final vote on Hamilton's nomination today.

UPDATE: On Thursday the Senate gave final approval to Hamilton's nomination by a vote of 59-39.

Appellate Court Will Consider Procedural Dispute In Ft. Worth Episcopal Diocese Case

As previously reported, the dispute between two groups, both claiming to be the Episcopal Diocese of Fort Worth, Texas, led to a lawsuit in the Texas courts. One of the groups is a break away group that affiliated with the more conservative Anglican Province of the Southern Cone. The other, seeking an order that it still owns the Diocese property, represents members still loyal to the The Episcopal Church (TEC). The initial issue was framed as a challenge to the right of TEC lawyers to claim to represent the Diocese of Fort Worth. (See prior posting.) After the trial judge refused to grant a motion by the break away group to disqualify the TEC attorneys, the break away group filed a petition for a writ of mandamus with the state Court of Appeals-- essentially an appeal of the trial judge's refusal to grant their motion (full text of petition and brief.) In In re Franklin Salazar, (TX Ct. App., Nov. 16, 2009), the Court of Appeals ordered trial court proceeding stayed while the appellate court considers the mandamus petition. A press release by the break away Fort Worth diocese discusses the court's latest move. [Thanks to Virtue Online for the lead.]

Student Sues School After Refusal To Permit Participation In Pro-Life Day

A Bridgeton, New Jersey high school student has sued the school board and high school officials alleging that they censored religious, pro-life speech at school on Pro-Life Day of Silent Solidarity. Yesterday the AP reported on the lawsuit in which the student alleged that school officials refused her request to participate in the nationally-sponsored day. She wanted to hand out leaflets, remain silent except when called on in class, and wear a red armband with the word "LIFE" written on it. The complaint (full text) in C.H. v. Bridgeton Board of Education, (D NJ, filed 11/13/2009), alleges that school officials told the high schooler that her request was denied because nothing religious is permitted at public schools. It claims that the school's policies and practices violate various provisions of the 1st and 14th Amendments. After the suit was filed, school superintendent Vic Gilson said that the student's request was denied because the armband would violate the school's strict dress code and because a school policy required prior approval of any literature distributed by students or staff.

Former Editor Sues Washington Times For Religious Discrimination

On Tuesday, Richard Miniter, former editorial page editor of the Washington Times filed a complaint with the EEOC charging the Times with religious discrimination against him, as well as discrimination on the basis of disability and age. According to yesterday's Washington Post, Miniter claims that he was essentially "coerced" into attending a Unification Church religious ceremony that ended with a mass wedding conducted by Rev. Sun Myung Moon. Miniter, an Episcopalian, says he was made to feel that there was no choice but to attend if he wanted to keep his job. The Washington Times is owned by the Unification Church, but is editorially independent of it. The EEOC filing follows a major shake-up of executive personnel at the Times.

British Tribunal Grants Asylum To Afghan Convert To Christianity

In NM v. Secretary of State for the Home Department [Word.doc], (Asylum & Immigration Tribunal, Nov. 13, 2009), a British immigration tribunal, in an appeal from a decision by the Home Department, granted asylum to an Afghan national who had come to Britain aboard a hijacked airliner in 2000 and subsequently converted from Islam to Christianity in Britain. The Tribunal concluded that if the appellant returned to Afghanistan and his conversion became known, he would likely face arrest and ultimately punishment before a Sharia court. The Tribunal pointed out that Christianity can only be practiced secretly in Afghanistan, and it is unlikely appellant would be able to make contact with other Christians there without placing himself in great risk. This led to the conclusion that "appellant’s return to Afghanistan would expose him to a real risk of persecution and would subject him to a real risk of inhuman or degrading treatment in violation of his rights under Article 3 of the ECHR." Today's London Daily Mail reports on the decision that it calls a "landmark case."

Supreme Court Orders Yesterday In Two Cases of Interest

Yesterday, the U.S. Supreme Court denied certiorari in McComb v. Crehan, (Docket No. 08-1566, Nov. 16, 2009) (Order List.) In the case, the 9th Circuit upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references. (See prior posting.) Courthouse News Service reports on the Court's action. [Thanks to Scott Mange for the lead.]

Also yesterday in Holy See v. Doe, (Docket No. 09-1, Nov. 16, 2009) (Order List), the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether certiorari should be granted. In the case, the 9th Circuit held that the Vatican is not shielded by the Foreign Sovereign Immunities Act from a respondeat superior claim against it by a victim of a priest's sexual abuse. (See prior posting.) SCOTUS Blog discusses the Court's action.

Azerbaijan Official Reports On Status of Required Re-Registration of Religious Groups

On May 31, 2009, Azerbaijan's new religion law and related amendments took effect. The law requires re-registration of all religious groups by Jan. 1, 2010. (See prior posting.) APA today published an interview with Gunduz Ismayilov, head of the Azerbaijan State Committee on Work With Religious Structures, the agency that administers the registration requirements. He said that the Committee has received registration documents from 200 religious communities so far, and expects to receive registrations from 500 before the end of the year. Azerbaijan is 96% Muslim, so most of the filings are from Islamic groups. However among the first groups reregistered were also the Baku and Caspian Eparchy of Russian Orthodox Church and Baku Mountain Jewish community. Ismayilov emphasized that the Committee will go to court to dissolve religious groups that do not re-register.

Christian Groups Continue Objections To Hate Crimes Law

Even though the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act has been signed by the President (see prior posting), some conservative Christian groups continue a campaign to challenge it. Yesterday, according to a press release from Vision America, "a coalition of concerned Christians" held a press conference outside the Justice Department featuring speakers who denounced "gay activists" and who pointed to actions in Britain under its Equality Act regulations. Leaders of the press conference presented a letter from Liberty Counsel (full text) to the Attorney General arguing that the new legislation exceeds Congress' commerce clause powers and "is already acting as a prior restraint on the speech of many concerned, law abiding, citizens." The letter requests that the Justice Department adopt special procedures for review and advance approval before initiating a prosecution against an individual or member of the clergy for speaking in a manner that incites a hate crime.

Suit Challenges Religious Activities In Tennessee County's Schools

Yesterday in federal court in Nashville, Tennessee, two former students and two families of current students filed a lawsuit challenging a pattern of religious activities in the Cheatham County (TN) school system. The suit, filed by the ACLU of Tennessee (press release), objects to incidents involving the distribution of Gideon Bibles in classrooms, teacher-endorsed prayer at football games, school-sponsored prayer delivered by students at graduation ceremonies, the teaching of intelligent design, and the display of a cross in a high school classroom. The complaint (full text) in Doe v. Cheatham County Board of Education, (MD TN, filed 11/16/2009) alleges that school officials proselytize students in class and during extracurricular activities. The lawsuit contends that all of these activities violate the Establishment Clause as well as Art. I, Sec. 3 of the Tennessee Constitution, and asks for an injunction against continued religious activity in the schools. It also asks for an injunction barring retaliation against plaintiffs for bringing the lawsuit, and seeks nominal damages and attorneys' fees. Yesterday's Tennessean reported on the lawsuit.

44 Members of Congress Join Amicus Brief Supporting Engravings At Capitol Visitor Center

As previously reported, in July the Freedom from Religion Foundation sued in a Wisconsin federal court challenging Congress' directive to the Architect of the Capitol to engrave the motto "In God We Trust" and the Pledge of Allegiance in the Capitol Visitor Center. Last week, the American Center for Law and Justice announced that it had joined with 44 members of the U.S. House of Representatives (including Randy Forbes, chairman of the Congressional Prayer Caucus) in filing an amicus brief in the case. The brief (full text) argues that the pledge and national motto "accurately reflect the historical fact that this nation was founded upon a belief in God." Contending that neither the pledge nor the motto violates the Establishment Clause, the brief argues that "the First Amendment does not compel the redaction of all references to God just to suit atheistic preferences."

Group Challenges Indianapolis Schools' Internet Filtering Policy

The Freedom From Religion Foundation last week (press release) wrote to the Indianapolis (IN) school system (full text of letter) complaining that the Indianapolis Public Schools Internet Filtering Policy violates the First Amendment as well as regulations under the federal Children's Internet Protection Act. Among the nearly 30 categories of website that are blocked on school computers are "Alternative Spirituality/ Belief Sites." These are described as:

Sites that promote and provide information on religions such as Wicca, Witchcraft or Satanism. Occult practices, atheistic views, vodoo rituals or any form of mysticism are represented here. Includes sites that ... [instruct in the use of] spells, incantations, curses and magic powers.

FFRF contends that this policy amounts to viewpoint discrimination and a violation of the Establishment Clause because it allows access to sites offering information about Christianity and other mainstream religions, but not about atheism. [Thanks to Scott Mange for the lead.]

Obama Champions Human Rights At Town Hall Meeting In China

Over night (US time), President Obama in China held a "town hall" meeting with university students in Shanghai. (White House background posting.) The Los Angeles Times has the full text of his remarks and his exchange with students. Along with a focus on increased U.S.-Chinese cooperation, human rights concerns were prominent among the wide range of topics included in the President's opening comments. After speaking of America's own civil rights struggles, he said:

We do not seek to impose any system of government on any other nation, but we also don't believe that the principles that we stand for are unique to our nation. These freedoms of expression and worship -- of access to information and political participation -- we believe are universal rights.

They should be available to all people, including ethnic and religious minorities -- whether they are in the United States, China, or any nation. Indeed, it is that respect for universal rights that guides America's openness to other countries; our respect for different cultures; our commitment to international law; and our faith in the future.

He also mentioned religion in responding to a student's question about Afghanistan and terrorism. The President said in part:

We also have to think about what motivates young people to become terrorists, why would they become suicide bombers. And although there are obviously a lot of different reasons, including I think the perversion of religion, in thinking that somehow these kinds of violent acts are appropriate, part of what's happened in places like Pakistan and Afghanistan is these young people have no education, they have no opportunities, and so they see no way for them to move forward in life, and that leads them into thinking that this is their only option.

FOIA Appeal Filed To Get Information On Bureau of Prisons Chapel Library Project

The ACLU announced last week that it has filed a Freedom of Information Act Appeal (full text) seeking all records held by the Bureau of Prisons on their attempt in 2007 to remove various books from prison chapel libraries. (See prior posting.) The Standardized Chapel Library Project was ended by legislation later in 2007. (See prior posting.) The FOIA appeal was filed on behalf of a California graduate student who is writing a thesis on censorship of religious materials in federal prisons. His initial request resulted in only a four documents being furnished to him. The appeal asks for a broader search for relevant documents.

Rubashkin Encounters Religious Observance Problems In Jails After Trial

Last Thursday, Shalom Rubashkin, former vice-president of the Postville, Iowa Agriprocessors, Inc., a kosher meat packing plant, was convicted by a federal jury on 86 counts of financial fraud. (See prior related posting.) The trial was held in Sioux Falls, South Dakota after Rubashkin's lawyers requested a change in venue. (New York Times.) Immediately after his conviction, federal marshals took Rubashkin to the South Dakota State Penitentiary where he was held overnight. He was then transported to the Woodbury County Jail in Sioux City, Iowa. He will be transported to a jail in the Cedar Rapids, Iowa area for his bail hearing on Wednesday. (Des Moines Register 9/14.)

Chabad.info has a rather graphic account of the problems encountered by Rubashkin in maintaining his Orthodox Jewish religious observances during these moves. On the first night, South Dakota prison officials removed Rubashkin's tzitzis (fringed garment) despite Rubashkin's objections, and moved him in a wheel chair since he insisted he would not walk without wearing his tzitzis. Friday morning Federal marshals decided he could wear the tzitzis. Rubashkin's family had purchased kosher food meeting his strict standards. However, Sioux City jail officials refused to allow it in because it was not packaged correctly. Rubashkin went without food from Thursday night until Saturday evening when he got grape juice, rolls and soup mix that he ate cold. Rubashkin's family ask supporters to pray and recite psalms for him.