Minister In Congress Opposes Amendment To Ban Gay Marriage

Emanuel Cleaver (D-MO), a United Methodist Minister in Kansas City, is the only member of the U.S. House of Representatives who is a practicing clergyman. Today's Charlotte Observer reports that Cleaver is strongly opposed to the proposed constitutional amendment to define marriage as between a man and a woman. The House is expected to vote on the amendment this week. Cleaver says that government should not meddle in a religious sacrament, arguing: "Marriage is a spiritual issue. That's not for the Congress to dictate, no more than it's appropriate for Congress to dictate how much bread should be used in communion. Communion is a sacrament. Marriage is a sacrament. Why not just put all the sacraments in the Constitution?"

US Senate Urges Russia To Protect Unregistered Religious Groups

On Friday, the U.S. Senate passed by unanimous consent S. Res. 500. The Resolution expresses the sense of Congress that the Russian Federation should fully protect the freedoms of all religious communities, whether registered or not, as required by the Russian Constitution and international standards. In March, the House of Representatives passed a similar resolution (H. Con Res. 190). (See prior posting.)

Church Files RLUIPA Challenge In Southfield Michigan

Today's Detroit Free Press reports that Lighthouse Community Church of God is suing the City of Southfield, Michigan in federal court for the right to use an office building it bought in 2004 for church services. Two churches had previously used the same space. The city cited the Church for using the building without an occupancy permit, and that citation was upheld by a state court judge. The Church says that the city has prevented it from adding parking so it can comply with occupancy requirements. Jury selection in the case begins August 7. The case may be the first jury trial in Michigan of a case under RLUIPA. The city has moved to dismiss the case, arguing that RLUIPA was not intended to permit churches to bypass city zoning laws. Church attorney Daniel Dalton says the city wants to let a development firm take over the disputed site in order to build housing.

Recent Law Review Articles Of Interest

Recent law review articles from SmartCILP:

Susan J. Becker, Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead To the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States, 14 American University Journal of Gender Social Policy & the Law 177-252 (2006).

David S. Caudill, Arthur M. Goldberg Family Chair Lecture: Augustine and Calvin: Post-Modernism and Pluralism, 51 Villanova Law Review 299-309 (2006).

Jennifer L. Monk & Robert H. Tyler, The Application of Prior Restraint: An Alternative Doctrine for Religious Land Use Cases, 37 University of Toledo Law Review 747-779 (2006).

Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuallity, and the Paradox of Community and Autonomy.,14 American University Journal of Gender Social Policy & the Law 313-383 (2006).

Routine Judicial Mix-Up Gets Attention Because Of Religious Content

Last month in Honolulu, Hawaii defendant Junior Stowers was acquitted on a misdemeanor charge of abusing his 15 year old son after the boy said it was really his brother who hit him. Just before the jury returned, Circuit Judge Patrick Border issued a standard warning to both lawyers in the case that he did not want any outbursts of emotion in the court room when the verdict was announced. However, Stowers' public defender lawyer did not have time to tell Stowers of the order, and when the jury announced his acquittal, Stowers raised his hands and exclaimed, "Thank you, Jesus!" The judge cited Stowers for contempt, and he was held for six hours until at a hearing the judge realized that Stowers did not know of his order, and released him. The AP story on this rather routine mix up has been carried in media around the world because of the religious expression involved in Stowers' emotional outburst.

Conscientious Objection By Medical Providers Creates Victims

Sunday’s Washington Post carries a story on the personal agony of individuals who have been turned away by health care workers whose religious beliefs lead them to refuse to provide treatment or services. Included are accounts of a lesbian woman who was turned away by a fertility clinic and a woman in Denton, Texas whose pharmacist refused to dispense her the morning-after pill after she was raped on a date. In another case, a doctor refused to send a woman’s records to a clinic where she sought an abortion after discovering the fetus she was carrying had severe deformities. And in Encinitas, Calif., a family practitioner refused a routine physical to a patient who needed it to adopt a baby from Mexico. The doctor said he objected to a single woman's adopting a child.

Brother of FLDS Leader Gets Lenient Sentence

On Friday, Seth Steed Jeffs, younger brother of Fundamentalist Church of Latter Day Saints head Warren Jeffs, was placed on three years’ probation and fined $2,500 for helping fugitive Warren Jeffs evade capture. Today’s Salt Lake Tribune reports on the sentencing. Warren Jeffs is wanted on various charges growing out of the polygamous practices of the FLDS Church. Seth Jeffs could have received a much harsher sentence for harboring a federal fugitive. However, federal judge Robert Blackburn said he found Seth Jeffs "credibly contrite", and said he would not visit the sins of his fugitive brother on him. While Seth Jeffs has promised to distance himself from the FLDS, he still has one legal wife and one “plural” wife that he married in a religious ceremony.

Mosque Zoning Decision Unleashes Anti-Islamic Feelings

In Pompano Beach, Florida, the zoning commission’s approval for the Islamic Center of South Florida to build a new mosque has led to ugly confrontations with several black ministers and civic leaders. Rev. O’Neal Dozier, pastor of Worldwide Christian Center near the mosque site, is leading the protests that began at the zoning commission’s June meeting. According to yesterday’s St. Petersburg Times, Dozier says he will file suit if the commission does not rescind its approval of the mosque.

At the June commission meeting, Dozier called Muslims "dangerous," said they were "terrorists." Another black minister warned they would "try to convert young black men." The protest continued at last Tuesday’s commission meeting. Dozier, a former NFL player with a law degree who has been prominent in Republican politics in Florida arrived at City Hall with a "church security force" to protect him from "terrorists." Speaking at the meeting, he said "People in the neighborhood feel less safe knowing Muslims are invading."

Dozier is supported by two other black ministers and four local Jewish supporters, led by Joe Kaufman, founder of "Citizens Against Hate" and the "Republican Jewish Coalition of South Florida." However the Muslim group’s zoning request is backed by Willie Larson, head of Broward County’s NAACP chapter; Andrew Louis, head of the county’s Democratic Black Caucus; and a number of elderly Jewish residents of the Holiday Springs Condominiums who were aided by members of another local mosque after Hurricane Wilma hit last year.

Meanwhile last Monday Florida Governor Jeb Bush, upset with Dozier’s statements, asked him to resign from the judicial nominating committee to which Bush had previously appointed him. Dozier did so, saying “I’m saddened but I’m not giving up the fight.” (See prior posting on Rev. Dozier.)

Kyrzyg Officials Criticized For Welcome To Unification Church

In Kyrgyzstan, the Forum of Young Politicians last month issued a statement criticizing the president and prime minister for their welcome of Unification Church officials to the country. IWPR today reports many observers argue that officials are breaching the separation of church and state in the favoritism shown to the Unification Church's founder Rev. Sun Nyung Moon and his associates. Hak Ja Han, the wife Rev. Moon, arrived in Kyrgyzstan on June 18, and was hosted by leading politicians and academics at a formal ceremony shown on national television. At the event, Han gave certificates conferring the honorary title of 'ambassador of peace' to a district government chief in Bishkek, the head of the Kyrgyz committee of UNESCO, and four university and college rectors. Both Muslim and Orthodox Christian officials in Kyrgyzstan are concerned about the number of converts that outside proselytizing groups are attracting

Evolution Is Issue In August Kansas Primaries

The National Center for Science Education reports today that the issue of teaching evolution remains important in the upcoming August 1 Kansas primaries. Last year, the state school board adopted anti-evolution teaching standards by a vote of 6-4. However, particularly in the primaries for school board, opponents of that decision are pitted against supporters. Major newspapers have focused on candidates' views on science education. It has also become an issue in the gubernatorial primary as a Kansas newspaper asked all seven candidates in the Republican primary a question about teaching intelligent design as part of a candidate questionnaire.

Senate Resolution Marks Upcoming 50th Anniversary of National Motto

July 30 is the 50th anniversary of Congress' formal adoption of "In God We Trust" as the national motto. To commemorate this, on Wednesday the U.S. Senate passed by unanimous consent and sent on to the House of Representatives a Concurrent Resolution, S. Con. Res. 96 (full text). After 15 "Whereas" clauses chronicling the motto's history, the Resolution provides:

Resolved by the Senate (the House of Representatives concurring), That Congress— (1) commemorates the 50th anniversary of the national motto of the United States, ‘"In God We Trust";

(2) celebrates the national motto as— (A) a fundamental aspect of the national life of the citizens of the United States; and (B) a phrase that is central to the hopes and vision of the Founding Fathers for the perpetuity of the United States;

(3) reaffirms today that the substance of the national motto is no less vital to the future success of the Nation; and

(4) encourages the citizens of the United States to reflect on— (A) the national motto of the United States; and (B) the integral part that the national motto of the United States has played in the life of the Nation, before and after its official adoption.

Clergy Resign From Katrina Fund In Protest

After Hurricane Katrina, President George W. Bush asked two former presidents-- Bill Clinton and George H. W. Bush-- to co-chair a private fund-raising effort. They created the Bush-Clinton Katrina Fund which has raised over $100 million in contributions. Some $20 million of those funds were earmarked for churches to assist them in rebuilding damaged houses of worship. An interfaith committee was created to advise the fund on how to distribute monies to churches.

Yesterday the Washington Post reported that the co-chairs of the advisory committee-- Bishop T.D. Jakes and the Rev. William H. Gray III-- have resigned. A third committee member, Rev. William J. Shaw, resigned last week end. Some reports say that 8 of the 9 advisory committee members have submitted resignations. The advisory committee says that the staff of the Fund is ignoring their recommendations. Gray said that the board and staff would concur with the committee's recommendations in meetings, but then would act in the opposite way. Jakes and Shaw resigned when the staff refused to explain why, without committee knowledge, they sent $35,000 to a church that had not been inspected to determine its need.

Recent Books Of Interest On Religion and Politics

Here are a number of recent books on religion and politics:

Patrick M. Garry, Wrestling With God: The Court's Tortuous Treatment of Religion ,(Catholic University of America Press, May 2006).

Jonathan Bartley, Faith And Politics After Christendom: The Church As A Movement for Anarchy, (Paternoster Press, Sept. 2006).

Dan Wakefield, The Hijacking of Jesus: How the Religious Right Distorts Christianity and Promotes Prejudice and Hate, (Nation Books, March 2006).

Robin Meyers, Why the Christian Right Is Wrong: A Minister's Manifesto for Taking Back Your Faith, Your Flag, Your Future, (John Wiley & Sons, May 2006).

Shmuel Bar, Warrant for Terror : The Fatwas of Radical Islam, and the Duty of Jihad , (Rowman & Littlefield Publishers, Inc. , April 2006).

Sikh Transit Employee Protests Use Of His Photo

According to today's New York Sun, a Sikh employee of the New York Transit Authority is objecting to the use of his photo in a Transit Authority dress code bulletin. Trilok Arora is shown wearing an MTA logo on his turban, as required by Transit authority rules. However, Arora objects to having to do this and, with four other employees, last year filed suit to challenge the logo requirement. The Justice Department, which is also suing to challenge the MTA's dress code, has asked New York federal Magistrate Judge Marilyn Go to order the MTA to remove Arora's photo from the bulletin. Arora, 68, plans to retire in two years. Until then, he says he will wear his MTA logo only when a supervisor orders him to do so.

Seizure of Marijuana Does Not Violate Religious Freedom

In Loop v. United States, 2006 U.S. Dist. LEXIS 46636 (D. Minn., June 30, 2006), a Minnesota federal district court held that the religious freedom of Dennis Loop, a Rastafarian, was not infringed when federal marshals seized his brass marijuana pipe, wooden marijuana case, and a small amount of marijuana as he went through a metal detector in order to enter the federal courthouse in Minneapolis. The court rejected Loop's First Amendment and RFRA claims, finding that while marijuana is essential to Loop's religious practice, he did not show any burden in having to leave it at home during brief visits to the court house. The magistrate's recommendation, which was accepted by the judge, is at 2006 U.S. Dist. LEXIS 46635 (D. Minn., March 29, 2006).

Amish Farmer's Beliefs Not Infringed By Milk Regulations

In Millersburg, Ohio, a state trial court judge has ruled that an Ohio law prohibiting dairy farmers from selling unpasteurized milk does not violate an Amish farmer's religious beliefs. Farmer Arlie Stutzman had argued that his religious beliefs call for him to share his milk with others. (See prior posting.) Yesterday's Akron Beacon-Journal reports that Holmes County Common Pleas Court Judge Thomas D. White ruled that Stutzman may give unpasteurized milk to people in need, but he may not accept donations for it. He said that Stutzman had "produced no evidence that his religion compels him to make money from feeding the hungry." White also rejected Stutzman's entrapment argument. The case against Stutzman was brought after he sold mild to a state Department of Agriculture undercover agent.

Suit Seeks Identity of Bloggers Who Claimed Abuse by Rabbi

Public Citizen last week announced the filing of two motions in a pending California case in which Rabbi Mordecai Tendler, who was accused of sexually propositioning women who came to him seeking spiritual guidance, is trying to force Google to disclose the identities of four anonymous bloggers. (Full text of motions 1, 2.) Concerned about First Amendment issues, Public Citizen is urging the court to adopt a balancing test for these kinds of cases.

Tendler, who denies the charges against him, has been expelled from the Orthodox Rabbinical Council of America and was later sued for sexual harassment a former congregant. He is seeking to learn the identities of four bloggers who wrote about his case on: rabbinicintergrity.blogspot.com/, jewishsurvivors.blogspot.com/, jewishwhistleblower.blogspot.com/ and newhempsteadnews.blogspot.com. Tendler claims that defamatory materials about him have been posted. A report in today's Forward says that blogs and message boards are increasingly being used by Orthodox Jewish women to report allegations of sexual misconduct by rabbis.

Malaysia's School No-Turban Rule Upheld

On Wednesday, Malaysia's highest court-- the Federal Court-- upheld the Education Ministry's rule that bars the wearing of a turban as part of one's school uniform during school hours. New Straits Times reports on the suit that was filed on behalf of three Muslim brothers who had been expelled from school for refusing to remove their turbans. They claimed that the no-turban rule is unconstitutional, but the court said that wearing a turban is not a mandatory requirement of Islam. The court also pointed out that students can still wear turbans outside of school, and even in school can wear them in the prayer room. In its decision, the Court praised the Government's moves to preserve Malaysia’s multi-racial and multi-religious make-up.

Ohio Science Education Standards Again Challenged

Apparently some members of Ohio's state board of education are planning to try again to change the science instructional standards in Ohio schools. Americans United for Separation of Church and State said yesterday that board member Colleen Grady last month urged the Board of Education’s Achievement Committee to give 10th-grade science teachers guidance on teaching evolution and other "controversial" issues such as global warming, cloning and stem-cell research. This week, Americans United filed a request under the Ohio open records law asking for copies of the Grady proposal as well as all related documents. Earlier this year, the Ohio board, after a long battle, rejected changes that would have urged criticism of evolutionary theory in science classes. (See prior posting.)

Sikh Funeral Pyre In Britain May Have Violated Law

In Northumberland yesterday, Rajpal Mehat, an Indian-born Sikh who drowned several months ago in London, was cremated on the first religious funeral pyre in Britain in modern times. The Guardian reports that police are now investigating the funeral, claiming that the ceremony may have violated the Cremation Act that they say prohibits the cremation of human remains anywhere except in a crematorium. Northumbria police reluctantly permitted the ceremony to proceed, not wanting at the time to further upset a grieving family. Davender Ghai, president of the Anglo-Asian Friendship Society says that the Cremation Law does not forbid religious funeral pyres. (Backgound on Sikh funerals.)