Mormon Senator Orin Hatch Composes New Hanukkah Song

Tuesday's New York Times reports that Republican Senator Orin Hatch, a Mormon from Utah has written the lyrics for a catchy Hanukkah song, "Eight Days of Hanukkah." The music is by Hatch's musical collaborator,Madeline Stone. Hatch is known for writing Christian hymns and patriotic songs, but this is his first Jewish composition. Hatch says, "Mormons believe the Jewish people are the chosen people, just like the Old Testament says." Jeffrey Goldberg writing in Tablet Magazine chronicles the background that led to Hatch writing the song. It began with a conversation between Goldberg and Hatch ten years ago, and got a push from a blog entry by Goldberg last year. Here is a video of the song being performed by Rasheeda Azar, a Syrian-American vocalist from Indiana.

Today Is Human Rights Day-- 61st Anniversary of UN Declaration

Today is Human Rights Day, commemorating the 1948 adoption by the United Nations General Assembly of the Universal Declaration of Human Rights. Article 18 of the document provides:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

The theme of Human Rights Day 2009 is non-discrimination. Article 2 of the Declaration provides:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The United Nations High Commissioner for Human Rights released a statement yesterday expanding on the concept of non-discrimination. After discussing discrimination against women and racial and ethnic minorities, Navi Palli continued:

Discrimination based on religion or belief can be equally destructive. In certain countries, members of certain groups are restricted in how they can exercise their religion or belief and deprived of their fundamental rights. In extreme cases such conditions may lead to sectarian violence, killing and conflict. Stereotyping can lead to stigmatization and isolationism.

British Court Rejects Criminal Charges Against Christian Hotel Owners

In Britain yesterday, a Liverpool Magistrate's Court dismissed charges of religiously aggravated threatening behavior that had been brought against a Christian couple who own a hotel in Liverpool. The charges brought under Section 5 of the Public Order Act (1986) charged that Ben and Sharon Vogelenzang had made threatening, abusive or insulting remarks about Islam to hotel guest Ericka Tazi. Yesterday's London Times reports that the charges grew out of a 15-minute incident at the hotel when Tazi, who was completing her stay after taking a pain management course at nearby Aintree Hospital, decided to wear a hijab to breakfast. Each side has a somewhat different version of the incident, and the judge, according to BBC News dismissed the charges because the evidence against the hotel owners was inconsistent. The Christian Institute sponsored the Vogelenzang's defense, and the high profile dismissal is seen as a victory by evangelical groups who say the issue was free speech and religious liberty. Business at the Vogelenzang's Bounty House Hotel fell 80% while the prosecution was pending. [Thanks to Religion News Blog for the lead.]

Questioning of Expert Witness About Religion Found To Be Harmless Error

In re State of New York v. Andrew O., (App. Div., Dec. 3, 2009), is an appeal of a trial court's finding that respondent is a dangerous sex offender who needs to be confined to a secure treatment facility. One objection raised by respondent was that the psychologist who testified for him was improperly questioned about religion. On cross-examination, counsel questioned the psychologist about Yoism, a religion that he founded. All five judges on the New York appellate court concluded that interjection of a party's religious beliefs or observances has no place in either a criminal or civil trial . However 4 of the 5 held that the objectionable questioning did not substantially influence the jury's verdict. Judge Rose dissenting argued that because of the importance of the psychologist's testimony in the case, the order should be reversed and the case sent back for a new trial. Yesterday's Albany Times-Union reported on the decision with additional details.

California Woman Pushing Initiative To Require Christmas Carols In Schools

Yesterday's Redding, California Record Searchlight reports on the progress of Merry Hyatt who is collecting signatures for a proposed ballot initiative (full text) that would require public schools to "provide opportunities to its pupils for listening or performing Christmas music at an appropriate time of year." The measure describes Christmas music as a "longstanding American tradition and a significant element of our cultural heritage as Americans." The initiative also provides that parents may opt their children out of the sessions. The proposed initiative was filed with California's Attorney General's office in September. Proponents must obtain 433,971 signatures by the end of March 2010 in order for the initiative to appear on the ballot. Rob Boston of Americans United says the proposed initiative is "blatantly unconstitutional."

Oman Authorities Investigating Religious Text Message Scam

In Oman, the Telecommunications Regulatory Authority is investigating a scam which some say is being carried out by mobile telephone companies exploiting religious sentiments of their subscribers. UAE's The National reported yesterday that automated religious text messages are being sent out to customers, concluding with: "Forward this message to 10 people to earn the rewards of afterlife." Other religious messages conclude more ominously: "If you do not forward this message then something bad will happen to you." Many Omanis, especially those in small towns, forward the messages as a religious act. In large quantities, these can be profitable for phone providers who charge a small fee for each text message sent. Omani telephone companies strongly deny they are responsible for the messages. The telecommunications business in Oman is highly competitive, with six companies vying for customers.

Canadian Street Preacher Acquitted of Noise and Other Charges

Yesterday's Calgary Sun reports on Monday's 90-page ruling by a Canadian Provincial Court judge in Calgary, Alberta. The court acquitted a street preacher on seven charges, finding that six of the charges infringed his rights to free expression and freedom of religion. Judge Allan Fradsham said that the city's response to what began a a noise complaint over Art Pawlowski's activities in Triangle Park bordered on an abuse of power. The preacher was distributing food while using a sound amplification system to preach his religious message. He was charged, and acquitted, on two counts of using amplification without a permit, three counts of placing material on a street without a permit, and a charge of causing unnecessary noise from a vehicle. The court also ruled that a seventh charge of stunting on a roadway while handing out food was not proven.

Cert. Filed In School's Ban of Student Musical Performance At Graduation

A petition for certiorari (full text) has been filed with the U.S. Supreme Court in the case of Nurre v. Whitehead. In the case, the U.S. 9th Circuit Court of Appeals, in a 2-1 ruling, held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. (See prior posting.) In a press release announcing the filing of the petition for review, the Rutherford Institute expressed its concern that "arts education in the public schools is in danger of being sanitized of any art with remotely religious themes or inspiration." The petition describes the school's action as "political correctness run amuck, with art and student expression sacrificed to a heckler's veto...."

Israel's Justice Minister Creates Controversy With Comments on Religious Law

A speech given on Monday by Israel's Justice Minister Yaakov Neeman, calling for incorporating more of Jewish law into Israeli civil law, has set off a firestorm of protest in the country. According to Haaretz, the speech was given at the opening session of the organization Halichot Am Israel, a group that wants to make Jewish law part of Israel's civil justice system. There is a good deal of dispute over exactly what Neeman intended when he said "step by step, Torah law will become the binding law in the State of Israel." Statements later by Neeman and the Justice Ministry say he intended merely to speak in general terms about the importance of Jewish law to the life of the country, and apparently backed giving Rabbinical courts jurisdiction over financial disputes to help relieve the backlog of cases in the civil courts. (Haaretz). However political opponents called for his resignation, accusing him of promoting "Talibaization" in Israeli society, and proposing a theocracy in Israel. Yesterday's Jerusalem Post has reactions from numerous political and religious leaders to Neeman's remarks.

Russia's Supreme Court Agrees Jehovah's Witness Publications Are "Extremist"

The Supreme Court of the Russian Federation yesterday upheld a finding by a Rostov-on-Don Regional Court that 34 specific Jehovah's Witness publications (all published in the U.S. or Germany) are "extremist." Forum 18 reports that under the 2002 Extremism Law, the publications will now be added to the Justice Ministry's Federal List of Extremist Material and banned throughout the country. The Supreme Court also upheld the dissolution of the Taganrog Jehovah's Witness Congregation as extremist. The written opinion of the Supreme Court is not yet available. The lower court's opinion claimed that the publications incited hostility toward other religions, urged refusal of blood transfusions and refusal of civic responsibilities. The only appeal that is now available is to the European Court of Human Rights.

Newdow Asks DC Circuit To Eliminate Opening Cry Before His Case Is Heard

The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral arguments on Dec. 15 in Newdow v. Roberts, a case which challenged the use of "so help me God" in the oath administered by Chief Justice John Roberts in swearing in President Barack Obama. It also challenged the practice of having clergy deliver an invocation and benediction at the inaugural. On the day of the inauguration, a D.C. federal district court denied a preliminary injunction. (See prior posting.) Yesterday, plaintiff Michael Newdow filed an interesting "Emergency Motion" asking the D.C. Circuit to dispense with the court's usual opening cry-- "God save the United States and this Honorable Court" prior to appellate arguments in the case. (Full text of motion and memorandum in support.) The motion argues:

Appearances are also critical for the judges themselves.... In other words, "federal judges must maintain the appearance of impartiality."... Although perhaps not as flagrant a violation of the Establishment Clause as those violations which underlie this litigation ... the religious opening cry is definitely of a similar species. Inasmuch as the Panel, at this stage of the proceedings, must assume the merits in Plaintiffs' favor, ... the appearance of impartiality is certainly questionable at best when the judges risk independently inflicting what may be yet one more "concrete and particular" injury to the First Amendment rights of those seeking their protection.

[Thanks to Bob Ritter for the lead.]

UPDATE: On Wednesday (12/9), in a one sentence order, a 3-judge panel rejected Newdow's request. (Blog of the Legal Times.) [Thanks to Joel Sogol via Religionlaw for the lead.]

Court Dismisses Suit Over Firing, Invokes Ministerial Exception

In Guerrier v. Southern New England Conference Association of Seventh-Day Adventists, 2009 Conn. Super. LEXIS 2962 (CT Super., Nov. 12, 2009), a Connecticut trial court invoked the ministerial exception doctrine to dismiss a group of tort and contract claims filed by a minister who had been removed by defendant as pastor of Shekinah Haitian Church in Norwich, and told there were no other past openings available. Plaintiff claimed that the motives for his dismissal had no relation to church doctrine, teaching or administration. He alleged they were related to his request for for medical benefits and increased wages and his inquiries regarding improper financial activities by a church member. The court held, however:

For the purposes of the ministerial exception, it matters only that the allegations require an inquiry into the church's reasons for the termination. Though the plaintiff does not allege that he was terminated for reasons of religious doctrine, for example, the defendant may be required to assert reasons of religious doctrine as a defense.

10th Circuit Refuses To Bar Deportation of Mormon To Colombia

In Terreros-Guarin v. Holder, (10th Cir., Dec. 2, 2009), the U.S. 10th Circuit Court of Appeals rejected a Colombian man's attempt to avoid deportation. Francisco Alberto Terreros-Guarin was an early convert to the Mormon Church in Colombia, and served in high-profile roles in the Church. He claimed, among other grounds for asylum and for a stay of his deportation, that because the Mormon Church is identified with the United States, several Mormon Churches in Colombia have been bombed and he has received threats. The court rejected his asylum claim because it was not filed within a year of entering the country. As to his request for a restriction on his removal, the Court agreed with the Board of Immigration Appeal that Terreros-Guarin had not proven that there was a clear probability of persecution on religious grounds if he was returned to Colombia. Yesterday's Mormon Times reported on the decision.

In This Year's Christmas Wars, More Cities Eliminate Religious Displays

This year's "Christmas Wars" seem to be taking a different shape. In past years, typically a government entity permitted a religious display which was then challenged in court. This year, in a number of cases a governmental entity, after researching the law, has changed past practice and removed, or not included, a religious component. (See prior posting.) The most recent example of this arose last night in Maryville, Tennessee. According to yesterday's Knoxville News, the city of Maryville ended its 22-year tradition of having a local radio personality read the Christmas story from the book of Luke as part of the annual "Illumination of the Greenbelt" festivities. City attorney Melanie Davis concluded the reading was not allowed after an inquiry from a concerned resident.

Kenyan Leader Says Noise Regulations Will Be Amended To Assure Right to Worship

In Kenya, Prime Minister Raila Odinga over the week end told a rally that new noise pollution regulations promulgated by the National Environmental Management Authority (NEMA) will not infringe religious freedom. According to today's Daily Nation, Odinga said that the Adhan-- the Muslim call to prayer-- would be exempted from the new noise pollution rules. He also said that Christian preachers should be allowed to continue to use public address systems in their churches. Sheikh Mohammed Dor said Muslims would be watching to see if the Prime Minister's directive is implemented. The exemptions announced by Odinga do not yet appear to be included in the version of the Noise Pollution Regulations (full text) that are posted on the NEMA website. On a related issue, Odinga ruled out removing the provision on Kadhis courts from Kenya's new draft constitution. (See prior posting.)

UPDATE: Kenya's Daily Nation (12/9) reports that Environment Minister John Michuki has promised to make certain that the new noise rules will be implemented. Apparently contradicting the statement by Prime Minister Odinga, Michuki said that no one will be exempted because Kenya is a secular state which is not governed by the rules of religion, but the national Constitution and statutes.

Obama's Talks With Turkey's Erdogan Included Religious Freedom Issues

President Obama yesterday met at the White House with Turkish Prime Minister Tayyip Erdogan. (White House blog.) Before the meeting, the U.S. Commission on International Religious Freedom wrote the president asking him to make freedom of religion an important part of his talks with Erdogan. USCIRF said that while there are some hopeful developments, Turkey continues to apply the concept of secularism in a way that restricts freedom of thought, conscience and religion both for its majority Muslim population and for minority religions. (Full text of letter.) In remarks after his meeting with Erdogan, President Obama said in part:

I complimented the Prime Minister for the steps that he's taken, often very difficult steps, in reintegrating religious minorities and ethnic minorities within Turkey into the democratic and political process, and indicated to him that we want to be as supportive as possible in further steps that he can take, for example, assuring the continuation of the Halki Seminary and addressing the vital needs of continuing the ecumenical patriarchy within Turkey.

8 Rastafariains Mark Decade In Segregation For Refusing to Cut Their Hair

In prisons across Virginia, at least eight Rastafarian prisoners will mark ten years of confinement in segregation cells-- solely because they refuse for religious reasons to cut their hair to comply with prison grooming rules. Yesterday's Richmond Times Dispatch reported that prisoners in segregation are confined to small cells, and are let out only for three showers and five hour-long recreation periods a week. They are allowed one non-contact visit per week and two phone calls per month. While in segregation, they do not earn "good time" parole credits. In 2008, in McRae v. Johnson, the 4th Circuit upheld the application of prison grooming rules to Rastafarian and Muslim inmates, citing hygiene and security considerations. ACLU lawyer Eric Balaban asks: "Why would you use up your valuable space in segregation for these guys?" Former inmate and award-winning author Evans Hopkins plans to ask Virginia governor Tim Kaine to give the Rastafarian inmates some relief.

Supreme Court Grants Review In Hastings Christian Legal Society Case

The U.S. Supreme Court today granted certiorari in Christian Legal Society v. Martinez, (Docket No. 08-1371) (Order List). In the case, the U.S. 9th Circuit Court of Appeals upheld the right of University of California's Hastings College of Law to impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. (See prior posting.) Links to all the pleadings in the case are available from the Christian Legal Society website.

UN Climate Summit Will Not Have Christmas Trees

Friday's Copenhagen Post reports that the international summit on climate change that opens in Copenhagen, Denmark today will be religiously neutral. Denmark's foreign minister rejected a sponsorship that would have provided a number of Nordmann fir trees as decorations for the entrance of Bella Center, where the conference is being held. Foreign Ministry spokesman Svend Olling said: "We have to remember that this is a UN conference and, as the centre then becomes UN territory, there can be no Christmas trees in the decor, because the UN wishes to maintain neutrality." [Thanks to Alliance Alert for the lead.]

Vallejo, CA Mayor Reflects Clash Between Christian and Gay Residents

Friday's San Francisco Chronicle reported on the controversy surrounding Osby Davis, mayor of Vallejo, California. In a Nov. 20 New York Times article, Davis was quoted as saying that gays are "committing sins and those sins will keep them out of heaven." This is the latest chapter in a battle between conservative Christian residents of the city and its growing, politically active gay community that has moved in increasing numbers to the city in recent years. Both supporters and opponents showed up to demonstrate last Tuesday outside City Council chambers. Davis' supporters were also permitted to hold a prayer vigil inside Council chambers.