c. 2007 Religion News Service
Judge: Veterans Affairs’ Spiritual Assessments Constitutional
(RNS) A federal judge has upheld aspects of the Department of Veterans Affairs’ chaplaincy program, saying its use of “spiritual assessments” of patients is constitutional.
The Freedom From Religion Foundation sued VA officials last April, charging that they violated the First Amendment with an expansion of spiritual care services to outpatient veterans and a requirement that veterans be assessed to determine if a spiritual dimension of their health care is needed. Assessments can include questions about how often patients attend a house of worship and whether they would like to speak with a chaplain.
“All aspects of VA’s chaplaincy program being challenged by plaintiffs are constitutionally permissible under the First Amendment because they do not have the principal or primary effect of advancing religion,” wrote U.S. District Judge John C. Shabaz of the U.S. District Court in Madison, Wis., in a Monday (Jan. 8) ruling.
Shabaz said the spiritual assessments are voluntary because administrators will halt them if patients state they are not interested in being assessed in that way.
“Voluntariness lies at the heart of each and every aspect of VA’s chaplaincy program being challenged,” he wrote.
Annie Laurie Gaylor, co-president of the foundation, which is based in Madison, said it will appeal the case.
Gaylor said her organization did not challenge the VA chaplaincy as a whole because it did not object to its aim to accommodate the right of hospitalized patients to have access to worship and pastoral care.
_ Adelle M. Banks
Twenty-five U.S. Bishops Could Retire This Year
(RNS) Twenty-five U.S. Roman Catholic bishops, including five cardinals, will be at least 75 years old this year, the age at which they are requested to submit their resignation to Pope Benedict XVI.
Though Catholic prelates are asked to submit their resignation at 75, the pope often allows them to serve beyond that age. Fourteen active U.S. bishops, including three cardinals, are older than 75, according to Catholic News Service. Eleven bishops, including two cardinals, will turn 75 in 2007.
Cardinal Edward Egan of New York, the nation’s second-largest Catholic archdiocese, will turn 75 in April. Cardinal F. James Stafford, a U.S. native who is now a senior Vatican official, will celebrate his 75th birthday in July.
Cardinals Adam Maida of Detroit, William Keeler of Baltimore and Bernard Law, archpriest of St. Mary Major Basilica in Rome, turned 75 in 2006, CNS reported. Law was archbishop of Boston from 1984 to 2002, before resigning amid the clergy sex abuse scandal.
According to Catholic News Service, additional archbishops and bishops who will turn 75 years old in 2007 include Archbishop Elden Curtiss of Omaha, Neb., and Archbishop Alfred Hughes of New Orleans.
_ Daniel Burke
Israeli Judge Allows Cremation as Lawmakers Protest
JERUSALEM (RNS) Orthodox Israeli legislators say they are examining a recent landmark decision by a judge that allows cremation, a process banned by Jewish law.
Jerusalem District Court Judge Moshe Sobol issued the ruling in response to a suit filed by a distant relative of the late Shmuel Rosen, an 80-year-old Holocaust survivor, to prevent his cremation on the grounds that the process is prohibited by Jewish law. Rosen’s widow and two sons favored the cremation.
“We are studying the decision, and although it is a serious ruling that goes against halacha (Jewish law), passing a law against cremation will be difficult,” Yitzhak Levy, a legislator from the Orthodox National Religious Party, said via a spokeswoman.
Levy noted that while “marriage and divorce are under the jurisdiction of the Rabbinate,” Israel’s governing religious body on all Jewish matters, “secular burial societies are not.”
If the religious political parties in Israel’s parliament decide to make their cooperation with non-religious parties conditional on the passage of an anti-cremation law _ something they have done with other religious matters _ it could have wide-ranging consequences for government decision-making.
Sobol’s Dec. 28 ruling is controversial because it pits Jewish law, which prohibits any alternative to burial, against the final wishes of some Jewish Israelis. With few exceptions, Jewish life cycle events in Israel are under the authority of the Orthodox establishment.
Religion aside, the issue of cremation is a highly emotional one around the Jewish world, and particularly in Israel, largely because the process evokes searing images of Jewish adults and children burned in giant crematoria at Nazi death camps during the Holocaust.
The concept is so foreign to Judaism that there is not even a word in Hebrew for cremation.
In his ruling, Sobol relied heavily on a recent statement by Israeli Attorney General Menachem Mazuz that said because parliament has never passed a law forbidding cremation, it cannot be considered illegal.
Since 2005, several dozen Jews have been cremated without fanfare at Alei Shalchevet, the only funeral home in the country that cremates remains. Rosen’s body was cremated in December.
_ Michele Chabin
Critics Say Boston Archdiocese Sold Church to `Hostile’ Denomination
BOSTON (RNS) The recent sale of a former Roman Catholic church in East Boston to a “hostile denomination” has a group of local Catholics accusing the Boston Archdiocese of having “deserted its pastoral and evangelical duties.”
The Universal Church of the Kingdom of God, a Pentecostal denomination, bought what was formerly the St. Mary Star of the Sea parish in early December for a reported $2.65 million. Three weeks prior, the archdiocese had sold the property to MEE Development LLC for $850,000.
The apparent “flipping” of the church property prompted outcry from the Council of Parishes, an association of 15 local congregations that are resisting the closure of local parishes.
“A hostile denomination whose mission is incompatible with that of our church is now established in the heartland of a traditionally Catholic neighborhood,” wrote Peter Borre, co-chair of the Council of Parishes, in a Jan. 8 letter to Archbishop Pietro Sambi, the pope’s ambassador in Washington.
“The Archdiocese of Boston has deserted its pastoral and evangelical duties in an area of Boston full of Hispanic immigrants (who) are the focus of aggressive evangelizing efforts by other denominations.”
In a written statement, the archdiocese says it rejected early offers on the property in 2005 because they came in at levels well below the appraised value. When it accepted the developer’s offer in February 2006, after nearly a year without any other offers, the archdiocese believed his plans were to establish housing and a photography studio.
“Universal never approached us, and we have no relationship with them,” archdiocese spokesperson Terrence Donilon said in an e-mail Wednesday (Jan. 10). “We also had no idea MEE was already talking with Universal when (the developer) closed with us.”
_ G. Jeffrey MacDonald
Church of the Nazarene Reports Strong Growth Rates
(RNS) While many churches have been losing active members, empty pews are generally not a problem at the Church of the Nazarene, an evangelical denomination whose worldwide membership has increased by one-third during the past decade, according to its recently released annual report.
The church has 1.6 million members, having gained nearly 700,000 members since 1999.
“Each number represents an immensely valuable person, and we rejoice over each man, woman, student, boy and girl who is reached with the gospel of Jesus Christ,” wrote the Rev. Jerry D. Porte, the church’s general superintendent, in the 2006 report to the church’s General Board.
The church’s biggest increases have been outside the U.S. Last year the church grew by 5.7 percent overseas, while domestic growth was less than 1 percent.
The church has experienced a slight decline in service attendance in the U.S. and Canada, although Sunday School participation has gone up 1 percent.
There are nearly 19,000 Church of the Nazarene parishes across the world; about 700 new churches were added in the last year.
_ Katherine Boyle
Anglican Panel Sides With Fort Worth Diocese on Ordaining Women
(RNS) The global Anglican Communion’s top advisory panel said the Episcopal Church should clarify its policy on women’s ordination and emphasize that dioceses may elect bishops who will not ordain women.
The Panel of Reference, a 13-member international body appointed by Archbishop of Canterbury Rowan Williams to settle theological disputes, posted the report online Jan. 8, according to Episcopal News Service.
While the 2.2-million member Episcopal Church is the U.S. branch of the Anglican Communion, the Panel of Reference does not have the power to enforce its decisions.
The Episcopal Church decided to permit women’s ordination in 1976. In 1997,it decided that “no one shall be denied access to the ordination process … on account of his or her sex.”
Episcopal Presiding Bishop Katharine Jefferts Schori _ the first woman to hold the job _ and Williams should discuss clarifying the Episcopal Church’s policy on women’s ordination, the panel said.
The diocese of Fort Worth, Texas, told the panel that the 1997 policy could mean their next bishop would have to accept women’s ordination. The Panel of Reference recommended changing the law “to make it absolutely clear” that women’s ordination is permitted, but not mandatory.
Forth Worth is one of three Episcopal dioceses that does not ordain women, and one of seven that has rejected Jefferts Schori’s leadership. The Right Rev. Jack Iker, bishop of Forth Worth since 1995, said “we are gratified that our conscientious position has been vindicated.”
The Rev. Elizabeth Kaeton, president of the Episcopal Women’s Caucus, said the panel’s report demonstrated “a flagrant disrespect for the Episcopal Church and our constitution and canons.”
“While we’re dismayed and distressed, we also realize that the Panel of Reference … has no legal or binding authority in the Episcopal Church,” said Kaeton, who is rector of the Episcopal Church of St. Paul in Chatham, N.J.
_ Daniel Burke
`United 93′, `Little Miss Sunshine’ Among Bishops’ Top 10 Films
(RNS) From the shadows of World Wars I and II to prim and proper turn-of-the-century England, the U.S. Catholic Bishops’ top 10 movies of 2006 are an eclectic grouping linked by themes of faith, community, family and a repudiation of violence.
The list includes tales of overcoming adversity, such as “Akeelah & the Bee,” the story of an 11-year-old from the inner city competing in a national spelling bee; “The Pursuit of Happyness,” about a father’s struggle to care for his son and make a life for himself beyond the city streets; and “Little Miss Sunshine,” the tale of one girl’s cross-country journey to compete in a beauty pageant, aided by her quirky family.
The list, which is published every year, was compiled by reviewers Harry Forbes and David Dicerto for the U.S. Bishops’ Office for Film and Broadcasting.
“There was a surfeit of superior films in 2006 with solid moral underpinnings,” Forbes said in a statement. “From powerful anti-war films to inspirational true-life (though highly disparate) stories to a superior adaptation of a literary classic, they ran the proverbial gamut.”
The bishops also released a list of the year’s top 10 “family films” that included “Cars,” “The Nativity Story,” “Aquamarine,” “Charlotte’s Web,” “Eight Below,” “Everyone’s Hero,” “Flicka,” “Happy Feet,” “Lassie” and “Opal Dream.”
The top 10 overall films include:
_ “Akeelah & the Bee”
_ “Babel”
_ “Flags of Our Fathers”/“Letters From Iwo Jima”
_ “Joyeux Noel”
_ “Little Miss Sunshine”
_ “Miss Potter”
_ “The Pursuit of Happyness”
_ “Sophie Scholl”
_ “The Painted Veil”
_ “United 93”
_ Katherine Boyle
Seinfeld Must Pay Real Estate Agent Who Wouldn’t Work on Sabbath
NEW YORK (RNS) A New York judge has ordered comedian Jerry Seinfeld to pay his real estate agent, an observant Jew, her commission even though the agent would not show a $3.95 million property on the Sabbath.
New York Supreme Court Justice Rolando T. Acosta ruled that Seinfeld, who is also Jewish, should pay agent Tamara Cohen the fee, which could be as much as $98,000, even though Cohen was not available when the comedian and his wife wanted to see potential properties.
Seinfeld said Cohen did not deserve the fee because she did not return phone calls and was unavailable when he and his wife, Jessica, wanted to view the house. Seinfeld testified he did not know the agent was an observant Jew who did not work on the Sabbath.
Cohen began showing properties in September 2004 to Seinfeld’s estate manager. On Feb. 11, 2005, Cohen showed the townhouse to Jessica Seinfeld and the estate manager. When they were unable to reach the agent for about 24 hours that weekend, the Seinfelds visited the house alone and agreed to purchase it. According to court papers, the comedian did not think Cohen was entitled to a full commission because she could not show him the premises when he wanted to see it.
Acosta ruled Jan. 2 that the agent was entitled to the commission. “The evidence clearly indicates that she served as the Seinfelds’ real estate broker,” he wrote.
“Apparently the court understood the difficulty of dealing with secular tradition and non-secular tradition, and I believe the court recognized that there must be some understanding on the part of the business community to be afforded to observant Jews in New York,” Cohen’s attorney Steven Landy, who specializes in real estate litigation, said in an interview.
Richard Menaker, Seinfeld’s lawyer, said “the Seinfelds are very respectful of the Sabbath.” He also contended that Cohen was a leasing agent who was inexperienced with sales, and that Cohen had rejected a finder’s fee for locating the property.
“If someone is an active real estate broker and they go out of commission for the Sabbath,” Menaker said, “you’d expect them to pick up their messages on Saturday evening, but there was no callback.”
_ Marilyn Henry
German Court Says Head Scarves Can’t Violate Christian Values
(RNS) Muslim teachers in southern Germany may not wear head scarves or any other symbol of their faith that could be construed to clash with Western or Christian values, according to a recent court ruling.
The decision on Monday (Jan. 15) by the Constitutional Court of Bavaria puts the German state _ one of Germany’s largest, richest and most culturally Catholic _ clearly against expressions of Muslim faith in school life.
The lawsuit had been filed by Islamic Religious Community of Berlin to protest a Bavarian ban on teachers wearing head scarves. Ali Kizilkaya, head of the Islamic Council, called the judgment “very regrettable,” according to the Berliner Zeitung newspaper. Church officials and members of Germany’s Christian Democratic party praised the decision.
Karl Huber, president of the Bavarian Constitutional Court, told the Sueddeutsche Zeitung newspaper that various rights in the Bavarian constitution had threatened to collide with one another in this case. The Bavarian constitution calls for religious freedom, but also calls for children in public schools to be raised by Christian standards.
The court ultimately decided that a constitutionally endorsed education was the more important goal, and that allowing certain clothes and symbols could endanger the educational system in Bavaria.
But the court ruling still means a nun’s habit is acceptable garb for a teacher, since that garment adheres to the constitution’s Christian standards.
Huber also told the paper that the ruling does not bar all head scarves. Various school bodies will now have to decide on a case-by-case basis whether women wearing scarves are making fashion or religious statements and then act accordingly.
The case will likely be appealed to the Federal Constitutional Court.
This was the first time the question of head scarves in public offices has been decided by a German constitutional court, although other states have laws regulating the wearing of such garments.
_ Niels Sorrells
Palestinian Church Leaders Condemn Factional Violence
JERUSALEM (RNS) The heads of the leading Christian churches in the Holy Land say they are deeply concerned by the escalation of violence between two rival Palestinian factions, Hamas and Fatah, who are vying for power.
Thirteen patriarchs and bishops representing the Jerusalem-based Catholic, Orthodox, Lutheran and Anglican communities released a joint statement in early January voicing “anxiety for all our people _ Christian and Muslim alike _ at the deteriorating relations between Fatah and Hamas leaders and the armed forces.”
Although church leaders often denounce violence in this troubled region, they have until now refrained from explicitly naming specific armed Palestinian factions as the aggressors.
Comprising just 2 percent of the population, Palestinian Christians are well aware of their status as a minority and have traditionally steered clear of political activities and statements.
Fatah is loyal to Palestinian President Mahmoud Abbas, who recognizes Israel’s right to exist and advocates negotiations with the Israeli government. Hamas, which holds the majority of seats in the Palestinian legislature, refuses to recognize Israel and advocates its destruction.
Members of the two factions recently began to wage war with each other, and several Palestinian civilians have been hurt or killed in the crossfire. Some believe civil war is imminent.
“It would appear that all kinds of mediation and attempts at reconciliation have so far failed, resulting in a deadlock in the situation,” the religious leaders noted. “So we feel that the time has come to call for intense prayer to almighty God for peace and an opportunity for calm in order that all parties can consider carefully the various issues at stake.
_ Michele Chabin
Quote of the Week: Christian Hip-Hop Artist Bennie “Preacha” Foster
(RNS) “We’re fishing. The bait youngsters are eating is hip-hop. So we take that music, dice it up, we put some Jesus flavor to it and save souls in Jesus’ name. That’s how we do it.”
_ Bennie “Preacha” Foster, leader of the sextet Dem Unknown WarriorZ, which performs Christian hip-hop music. He was quoted by The Associated Press after a performance in Jonesboro, Ga.
KRE/PH END RNS
