Indonesia's Constitutional Court Hearing Challenge To Blasphemy Law

Indonesia's Constitutional Court on Wednesday held its first hearings in a challenge to the constitutionality of Indonesia's Law on Prevention of Blasphemy and Abuse of Religion. Yesterday's Jakarta Post reports that the lawsuit was filed last year by the late President Abdurrahman "Gus Dur" Wahid and several human rights organizations. The suit alleges that the law is unconstitutional because it recognizes only six religions: Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism. It also bans people from publicly espousing or gathering popular support in favor of certain religious interpretations. Some 31 experts have been invited to testify in the trial.

Groups Urge President To Beef Up Church-State Safeguards In Faith-Based Funding

Yesterday, twenty-five national organizations wrote President Obama urging further church-state safeguards in faith-based social service programs receiving government aid. The letter (full text) said in part:

On the one year anniversary of your Executive Order establishing the new White House Office of Faith-Based and Neighborhood Partnerships, the undersigned religious, education, civil rights, labor, and health organizations write to urge that you take additional actions to prevent government-funded religious discrimination and protect social service beneficiaries from unwelcome proselytizing.

The letter urged the White House to prohibit religious organizations from discriminating in hiring on the basis of religion within federally-funded social welfare projects. It also urged that the President amend existing Executive orders to ensure that:

Program beneficiaries are not subject to unwanted proselytizing or religious activities.

Program providers give proper notice to beneficiaries of their religious liberty rights and access to alternative, secular providers.

Houses of worship and other religious institutions, in which religion is so integrally infused that it cannot be separated out, be required to create separate corporations for the purpose of providing secular, government-funded social services.....

Secular alternatives to social services provided by houses of worship and other religious institutions are readily available to beneficiaries.....

Uniform guidance and training materials be developed for all federal agencies to ensure that government-funded providers understand constitutionally-required religious liberty safeguards..... Furthermore, providers should be required to certify their adherence to the safeguards – and government agencies should engage in oversight to ensure compliance.

Here are the releases on the letter issued by the ADL, Americans United and the Baptist Joint Committee, all of which were signatories.

Deference Given To Hierarchical Determination in Church Property Dispute

In Choi v. Sung, (WA Ct. App., Feb. 2, 2010), a Washington state court of appeals upheld a trial court's resolution of a dispute between two factions of the New Hope Christian Reformed Church of Tacoma regarding ownership of church property. The courts enforced the decision of the denomination's Classis regarding the dispute. The trial court's findings on whether New Hope CRC was a congregational or hierarchical church were somewhat ambiguous. However the trial court's conclusions treat the church as hierarchical, and the court of appeals held that there was substantial evidence to support that approach.

Secretary of State, President Speak At National Prayer Breakfast

This morning the 58th Annual National Prayer Breakfast was held in Washington, D.C. One of the keynote speakers was Secretary of State Hillary Clinton. (Full text of speech.) Her remarks included some rather blunt criticism of the misuse of religion:

All religions have their version of the Golden Rule and direct us to love our neighbor and welcome the stranger and visit the prisoner.... Yet across the world, we see organized religion standing in the way of faith, perverting love, undermining that message.

Sometimes it's easier to see that far away than here at home. But religion, cloaked in naked power lust, is used to justify horrific violence, attacks on homes, markets, schools, volleyball games, churches, mosques, synagogues, temples. From Iraq to Pakistan and Afghanistan to Nigeria and the Middle East, religion is used a club to deny the human rights of girls and women, from the Gulf to Africa to Asia, and to discriminate, even advocating the execution of gays and lesbians. Religion is used to enshrine in law intolerance of free expression and peaceful protest. Iran is now detaining and executing people under a new crime – waging war against God. It seems to be a rather dramatic identity crisis.

So in the Obama Administration, we are working to bridge religious divides. We’re taking on violations of human rights perpetrated in the name of religion. And we invite members of Congress and clergy and active citizens like all of you here to join us.... We are committed, not only to reaching out and speaking up about the perversion of religion, and in particularly the use of it to promote and justify terrorism, but also seeking to find common ground. We are working with Muslim nations to come up with an appropriate way of demonstrating criticism of religious intolerance without stepping over into the area of freedom of religion or non-religion and expression.

President Barack Obama also spoke at length at the National Prayer Breakfast. (Full text of remarks.) Spotlighting the American people's response to the recent earthquake in Haiti, he said:

This is what we do, as Americans, in times of trouble. We unite, recognizing that such crises call on all of us to act, recognizing that there but for the grace of God go I, recognizing that life's most sacred responsibility -- one affirmed, as Hillary said, by all of the world's great religions -- is to sacrifice something of ourselves for a person in need.

Sadly, though, that spirit is too often absent when tackling the long-term, but no less profound issues facing our country and the world. Too often, that spirit is missing without the spectacular tragedy ... that can shake us out of complacency. We become numb to the day-to-day crises, the slow-moving tragedies of children without food and men without shelter and families without health care. We become absorbed with our abstract arguments, our ideological disputes, our contests for power. And in this Tower of Babel, we lose the sound of God's voice.

As urged by a number of people, Obama also spoke out against the harsh anti-gay legislation recently proposed in Uganda, reportedly at the urging of the same group that sponsored the Prayer Breakfast. (See prior posting.) The President said:

We may disagree about the best way to reform our health care system, but surely we can agree that no one ought to go broke when they get sick in the richest nation on Earth. We can take different approaches to ending inequality, but surely we can agree on the need to lift our children out of ignorance; to lift our neighbors from poverty. We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are -- whether it's here in the United States or, as Hillary mentioned, more extremely in odious laws that are being proposed most recently in Uganda.

Court Refuses Interlocutory Appeal In Establishment Clause Challenge To AIG Bailout

In Murray v. Geithner, 2010 U.S. Dist. LEXIS 8415 (ED MI, Feb. 2, 2010), a Michigan federal district court denied the government's motion to certify for interlocutory appeal the court's May 2009 holding that plaintiffs have standing to challenge on Establishment Clause grounds the federal bailout of the giant insurance company AIG. The lawsuit claims that AIG's involvement in Sharia-compliant financing means that federal funds are supporting Islamic religious activity. The court also refused to certify for interlocutory appeal its denial of of a motion to dismiss for failure to state a claim.

Court Dismisses Challenge To Removal of Children From Tony Alamo Compound

In Tony Alamo Christian Ministries v. Selig, (WD AR, Feb. 2, 2010), an Arkansas federal district court dismissed a lawsuit charging that plaintiffs' constitutional rights of religious liberty were violated when certain children of members of the Tony Alamo Christian Ministries were removed from their parents by child welfare officials and adjudicated dependent-neglected under state law in state court. Invoking the Younger v. Harris abstention doctrine, the court held that plaintiffs can raise their claims in ongoing dependency-neglect proceedings pending in state court. Yesterday's Washington Post reported on the decision.

Brazilian Court Overturns Ban on Religious Symbols In Rio's Carnival

In 2007, municipal officials in Rio de Janeiro, Brazil banned the display of religious symbols during the city's annual Carnival that marks the beginning of Lent. The Carnival's street parade, which draws thousands of tourists, has regularly featured near-naked women and fantasy images. AFP reported yesterday that judges in Rio have overturned the ban on religious symbols holding that it violates freedom of expression and is a form of censorship. However the Independent League of Samba Schools which organizes the annual Carnival parades says it will observe a national law prohibiting the public vilification of religious objects. In the 1980's some floats featured sexually suggestive images of Jesus.

BBC Follows Indonesian Sharia Police On Patrol

BBC News on Tuesday posted an interesting 3 minute account by reporter Karishma Vaswani as she joined the Sharia police on patrol in Aceh, Indonesia one Saturday evening as they hunted out immoral activities.

France Denies Citizenship To Muslim Man Who Forces Wife To Wear Face Veil

France's minister for immigration Eric Besson has issued a decree denying an application for French citizenship from a Muslim man because he does not respect the values of the Republic. Yesterday's Irish Times reports that the man needed citizenship to settle in France with his French wife. Besson said in a statement:

It became apparent during the investigation and the prior interview that this person was compelling his wife to wear the all-covering veil, depriving her of the freedom to come and go with her face uncovered, and rejected the principles of secularism and equality between men and women.

Prime Minister Francois Fillon says he intends to sign the decree after consulting with the council of state as required by French law. Fillon said that the full-face veil "has no place in our country."

British Jews Unable To Develop Consensus For Legislative Change To School Admissions

JTA reported yesterday that Britain's Jewish community is divided on seeking a legislative change to reverse the UK Supreme Court's decision last December holding that Jewish schools could not use the traditional definition of who is Jewish for purposes of admissions. (See prior posting.) All denominations within the Jewish community are distressed that the court rejected a definition linked to religious law. However the non-Orthodox Jewish movements want any legislation to require Orthodox Jewish schools to accept converts from the Liberal and Reform branches of Judaism as well. The Orthodox movement is unwilling to accept this. The umbrella organization for British Jews, the Board of Deputies, has decided that without consensus it will just take a wait-and-see approach and watch how implementation of the court's ruling plays out.

Court Says Divorced Parents Must Share Religious Decisions For Children

In In re Marriage of Balashov, (WA Ct. App., Feb. 1, 2010), a Washington state appellate court reversed the portion of a trial court's parenting plan entered in a divorce action. The trial court ordered that the major decisions regarding each of the two children are to be made jointly by the parents, except that the mother alone was to make decisions regarding their religious upbringing. The mother had raised the children in the Orthodox Christian faith, while the father had no religious affiliation. The Court of Appeals held that the parenting plan must give the same joint decision making to both parents on religious upbringing of the children as for other matters. It said:

To protect parents' respective constitutional rights to the free exercise of religion, Washington courts hold that a parent's decision-making authority with respect to religious upbringing may not be restricted unless there is "a substantial showing of actual or potential harm to the children from exposure to the parents' conflicting religious beliefs." In re Marriage of Jensen-Branch, 78 Wn. App. 482, 490, 899 P.2d 803 (1995). The court emphasized that "religious beliefs" should be interpreted in the broad sense of "world view" and that a parent's lack of religious belief receives the same amount of protection as any particular religious belief.

Federal Lawsuit Challenges Hate Crimes Prevention Act of 2009

A federal lawsuit was filed yesterday challenging the constitutionality of the recently-enacted Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. The complaint (full text) in Glenn v. Holder, (ED MI, filed 2/2/2010), claims that the provisions of the act which criminalizes bias crimes motivated by the victim's actual or perceived sexual orientation or gender identity "elevates those engaged in certain deviant sexual behaviors to a special, protected class of persons under federal law." After quoting a number of Biblical verses on homosexuality, the complaint argues that the Act violates the 1st, 5th and 10th Amendments and exceeds Congress' power under the Commerce Clause.

Brought on behalf of three Christian pastors and the head of the American Family Association of Michigan, the complaint asserts that the Act "is an effort to eradicate religious beliefs opposing the homosexual agenda from the marketplace of ideas by demonizing, vilifying, and criminalizing such beliefs as a matter of federal law and policy." It claims that the federal aiding and abetting statute, along with the substantive provisions of the Hate Crimes Act, will subject plaintiffs to federal questioning, investigation and prosecution for preaching God's word.

The Thomas Moore Law Center, which represents plaintiffs, issued a long press release announcing the filing of the lawsuit. The lawsuit raises arguments that were debated at length during Congress' consideration of the bill. Proponents argued then that several provisions included in the bill adequately protect freedom of speech and religion. (See prior posting.)

European Human Rights Court Says Religion on Identity Cards Violates ECHR

In Sinan Isik v. Turkey [in French], (Eur. Ct. Hum. Rts., Feb. 2, 2010), the European Court of Human Rights, by a vote of 6-1, upheld a complaint by petitioner that the government of Turkey refused to replace "Islam" on his identity card with "Alevi." Before 2006, Turkish identity cards were required to indicate religious identity. Now they may be left blank. The court held that both the pre-2006 practice and the current one violate Art. 9 of the European Convention on Human Rights (freedom of thought, conscience and religion). The court held that the current requirement of applying to authorities to have the religious identification block left blank, as well as including religion on identity cards for any reason, violate the principle that one cannot be required to manifest one's religion or belief. A press release from the Court in English summarizes the court's holding. Today's Zaman reports on the decision.

Churches Have Some Greater Copyright Leeway This Year for Super Bowl Parties

Once again this year, churches are looking carefully at copyright rules as they plan their annual Super Bowl Parties for next Sunday. (See prior related posting.) Yesterday's Christian Post reports that the NFL adopted new Guidelines last year to ease limitations on churches showing the copyrighted Super Bowl Game. Churches are no longer limited to projecting the game on screens of 55 inches or less. Now they can use bigger screens and sound equipment so long as those are used regularly in their ministry. Churches may not charge admission for the showing, but can take up a collection to defray expenses of the party. Finally churches are encouraged to call their events something other than a "Super Bowl" party. The NFL continues to send cease and desist letters to venues other than churches that plan to show the Super Bowl on large screens. The Super Bowl is presumably attracting greater attention than usual in some churches because of the expected anti-abortion ad featuring Tim Tebow that will be aired during the game. (See prior posting.)

Obama Urged To Use Prayer Breakfast To Denounce Ugandan Anti-Gay Bill

The National Prayer Breakfast, scheduled for Thursday in Washington, D.C., is drawing more controversy than usual this year. Every U.S. President since Dwight Eisenhower has spoken at the Breakfast. Beliefnet yesterday reported that this year, gay-rights leaders, including a member of the White House faith advisory council, are urging President Obama to use the Breakfast to speak out against repressive anti-gay legislation pending in the Parliament of Uganda. (See prior posting.) The sponsor of the Breakfast-- the Fellowship Foundation, also known as The Family-- has been accused of inspiring the Ugandan legislation. Progressive religious groups will hold an alternative American Prayer Hour in 17 cities to protest the Washington event.

Meanwhile American Atheists joined other groups in urging the President and other key political leaders such as Sen. Harry Reid, to completely boycott the National Prayer Breakfast this year.

Oregon Jury Convicts Parents In Faith Healing Death

According to KGW News8 Portland, yesterday in Oregon City, Oregon, a state court jury by a 10-2 vote convicted Jeff and Marci Beagley of criminally negligent homicide in the death of their 16-year old son. The Beagleys are members of the Followers of Christ Church which avoids doctors. The parents failed to get medical care for their son who died of complications from a congenital urinary tract blockage. Instead they prayed for him to heal. They testified that they did not know their son's condition was life threatening.

IRS Church Inquiry Rules Do Not Apply In Personal Tax Investigation

In Pennington v. United States, (WD TX, Jan. 29, 2010), a Texas federal district court refused to quash an IRS summons for bank records of a religious organization, Anchor Group. The records are titled in the name of the group's treasurer, James Pennington. The court held that the summons does not violate provisions of the Internal Revenue Code relating to church tax inquiries (IRC Sec. 7611) because it was issued as part of the investigation of the personal tax liability of James and Lisa Pennington, not the liability of the religious organization.

Suits Charges FFRF Sign In Capitol Violated Establishment Clause

Last December as part of the holiday displays in the Illinois state capitol building, officials allowed the Freedom From Religion Foundation to put up a sign calling religion a "myth and superstition." It was placed next to a Christmas tree and near a nativity scene that were also on display. William J. Kelly, a conservative activist and candidate for state comptroller attempted unsuccessfully to take down the sign. (See prior posting.) Now, according to Courthouse News Service, Kelly has sued the Illinois Secretary of State claiming that allowing the FFRF sign violated the Establishment Clause. The complaint (full text) in Kelly v. White, (ND IL, filed 1/28/10), says that a similar sign will likely be permitted in future years unless the court bars it. Plaintiff argues that state regulations prohibit posting of "signs" as opposed to other kinds of displays, and that the sign violates the Establishment Clause because "it is hostile and inflammatory to all religions." [Thanks to Scott Mange for the lead.]

Maryland Tells Condo To Stop Removal of Shabbat Elevator Pending Probe

Last year, after a finding of probable cause by the Maryland Commission on Human Relations, the Strathmore Tower Condominiums in Baltimore (MD) modified one of its elevators to accommodate Orthodox Jewish residents. The owner of one of the condos covered the cost of retrofitting it for "Shabbat mode"-- each Saturday it stops automatically on each floor so Sabbath observant Jews do not need to press elevator buttons. (See prior posting.) However, now JTA reports that on January 17, the condominium board voted to remove the Shabbat mode software and hardware. In response, last week the Maryland Commission on Human Relations ordered the condo board to rescind its action pending an investigation by the Commission. The elevator has been an issue between Orthodox Jewish and African American residents of the condo for the last three years. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Hawaiian House Tables Civil Union Bill Under Pressure From Christian Conservatives

Baptist Press yesterday reported that opposition from Christian conservatives was largely responsible for Friday's vote in Hawaii's House of Representatives to postpone consideration indefinitely on HB 444, a bill that would have authorized same-sex civil unions in the state To the surprise of many, the decision was made by voice vote after a Democratic caucus on the issue. Two weeks ago, some 15,000 religious conservatives rallied in the Hawaiian capital in opposition to the bill.