c. 2007 Religion News Service

Appeals Court Upholds Federal Law, Kosher Food for Inmate

(RNS) An appeals court has affirmed a federal law protecting the religious rights of inmates, denying the state of Virginia’s second request that it be declared unconstitutional.

The Richmond, Va.-based 4th U.S. Circuit Court of Appeals ruled in favor of Ira Madison, a Virginia inmate who sued the state after officials denied his request for kosher meals.

Madison claims he is a member of the Church of God and Saints of Christ and a Hebrew Israelite who is required to eat a kosher diet. Madison argued that the denial of the kosher meals violated a provision of the Religious Land Use and Institutionalized Persons Act of 2000.

Virginia officials argued that the law is unconstitutional because it exceeds the spending power of Congress, but the appellate panel disagree in its unanimous Dec. 29 decision.

“We hold that RLUIPA is a valid exercise of Congress’ spending power and that, because Virginia voluntarily accepted federal correctional funds, it cannot avoid the substantive requirements of RLUIPA,” wrote Circuit Judge J. Harvie Wilkinson III.

He noted that their decision marks the fifth time a federal appeals court has ruled that RLUIPA falls within Congress’ spending power.

Virginia officials have doubted the sincerity of Madison’s beliefs and cited a history of disciplinary problems.

They earlier had argued that RLUIPA was unconstitutional because it violated the First Amendment’s Establishment Clause. A district court agreed, saying it impermissibly advanced religion. But the 4th Circuit appeals court overturned that decision in 2003.

_ Adelle M. Banks

Mass. Legislators OK Vote on Gay Marriage

BOSTON (RNS) State legislators on Tuesday (Jan. 2) advanced a proposed ballot question that seeks to ban gay marriage in the only state where it is legal.

The measure, which needed 50 votes to advance, was approved by 62 legislators without debate during a joint session of the House and the Senate on the last day of the legislative session. A total of 134 voted against it.

In order to proceed to the November 2008 ballot, the measure would need the votes of at least 50 legislators again this year or next. The amendment would prohibit future same-sex marriages while upholding the 8,000 that have already taken place.

Supporters of gay marriage said they were disappointed. They vowed to continue to fight the proposal, which aims to amend the state constitution to define future marriages as the union of one man and one woman.

“The notion that the Legislature just voted to allow the tyranny of the majority to determine the rights of the minority is terrifically upsetting,” said Arline Isaacson, co-chairwoman of the Massachusetts Gay & Lesbian Political Caucus.

Outgoing Gov. W. Mitt Romney hailed the vote as “a huge victory” for the citizens of the state. “In a democracy, the voice of the people is sovereign,” Romney said in a statement.

The vote came after the state Supreme Judicial Court ruled that the state constitution requires legislators to vote up or down on the merits of a proposed constitutional amendment.

Romney and 10 others filed a lawsuit after legislators voted twice to recess instead of dealing with the proposed amendment. Romney, a Republican, is expected to run for president in 2008 after his term as governor expires Thursday (Jan. 4).

The vote was a defeat for incoming Gov.-elect Deval L. Patrick, a Democrat, who had pleaded with legislators to defeat the measure in order to end the debate about gay marriage.

“We have work to do over the next year to turn this around,” Patrick said in a statement after the vote. “I am heartened … that the overwhelming majority of the members of the Legislature … voted to move on.”

Kristian M. Mineau, president of the Massachusetts Family Institute in Newton, said it still will be a challenge to win the support of at least 50 legislators a second time.

“We’re only on second base,” Mineau said. “We’ve got our work cut out for us.”

_ Dan Ring

Church Hopes Thief Returns Archbishop’s Stolen Items

MOBILE, Ala. (RNS) Catholic officials say religious ceremonial items stolen from the archbishop’s car on Christmas Eve are valued at between $5,000 and $6,000, and one of the missing items _ the pallium _ cannot be replaced easily.

While not offering an award, the archdiocesan chancellor, Monsignor Michael L. Farmer, said church leaders hope the thief returns the stolen items.

Farmer said Archbishop Oscar Lipscomb was upset that the theft occurred. “It was raining and he forgot to lock the door,” Farmer said.

Lipscomb had backups for most of the items taken _ a crosier shepherd’s crook, a pectoral cross, a gold antique chrism vessel and four pointed bishop’s hats called mitres, Farmer said.

But the pallium, a two-inch wide white, woolen band that symbolizes the office of archbishop, can only be replaced by the Vatican, church officials said.

Farmer said the pallium, while made simply from inexpensive material, is highly valued by the archbishop.

“The pallium is very much part of being an archbishop,” Farmer said. “And (it) is given by the Vatican to an archbishop.”

To get a replacement, Lipscomb possibly will have to petition Catholic Church officials at the Vatican in Rome and that could take a month, Farmer said.

Police said Lipscomb had parked his black, four-door Mercedes at about 6:30 p.m. in front of a home where he attended a Christmas party. Lipscomb discovered the theft when he returned to the car, a police spokesman said.

Farmer said the crosier was a light weight, brass plated travel version and not of much value except to the archbishop. The large pectoral cross that was suspended by a chain around Lipscomb’s neck during religious ceremonies was silver plated and worth about $500, Farmer said.

Since a police report was filed, Farmer said, he doubted that the charges could be dropped even if church officials wanted not to prosecute.

But, he said, “The church has always given mercy and forgiveness.”

_ Ron Colquitt

Quote of the Day: Religious Broadcaster Pat Robertson

(RNS) “I’m not necessarily saying it’s going to be nuclear. The Lord didn’t say nuclear. But I do believe it will be something like that.”

_ Religious broadcaster Pat Robertson, speaking Tuesday (Jan. 2) on “The 700 Club,” his Christian Broadcasting Network program. He said God told him that a terrorist attack would occur in the United States in late 2007 that would result in “mass killing.” Robertson was quoted by the Associated Press.

KRE/CM END RNS