For Halloween: Salem Witch Presses For Civil Rights

Today is Halloween. For Wiccans, that means the celebration of the New Year of Samhain. And in Salem, Massachusetts, 73-year old Laurie Cabot is in the midst of a campaign to get city leaders across Massachusetts to respect the civil rights of witches. She has a 4-page legal memo on the topic. Reuters yesterday reported that Salem, the location of historic 17th century witch trials, has now become a center for the pagan community. Some 500 to 1,000 practicing witches live there, and the city abounds with shops that sell Tarot cards and magic supplies-- all attracting tourists at this time of year. Laurie Cabot, the city's first modern openly practicing witch runs one of those shops. She was proclaimed the city's "official" witch in 1975 by Massachusetts' then-governor Michael Dukakis.

Anti-Gay Church Files Open Records Request In Topeka

The Westboro Baptist Church of Topeka, Kansas has gained notoriety for its picketing of veterans' funerals with signs claiming that military deaths stem from U.S. tolerance of homosexuality. (See prior posting.) Today's Topeka Capital-Journal reports that the church has now filed an open records request with the city of Topeka. It seeks information on letters that the city has sent to other communities alerting them of Westsboro's plans to picket there. The request asks for all communications sent by Topeka government officials regarding Westboro Baptist Church, and information on the time spent and funds expended in sending out warnings. Topeka Mayor Bill Bunten says he sent out the letters to deflect anger at Topeka felt by other communities. Westboro's spokesperson, Shirley Phelps-Roper, however, argues that the Constitution bars the mayor from using government funds or facilities to take aim in this way at a religious group.

Queen Elizabeth Reaches Out To Catholic Church

Yesterday AHN reported the Britain's Queen Elizabeth has moved to lessen centuries of tensions between the British Royal Family and the Catholic Church. Last month the queen granted permission for her cousin, Lord Nicholas Windsor, who is a convert to Catholicism, to marry at the Vatican in Rome. The wedding will be performed by a former Anglican vicar who converted to Catholicism in protest of ordination of women. Lord Nicholas is the first member of the British Royal Family in 400 years to marry in Rome. Queen Elizabeth also agreed to attend a reception for the newly-married Catholic couple to be held in Britain in January.

RLUIPA Suit Over Rural Maryland Christian School Project

Anne Arundel County, Maryland's Riverdale Baptist Church has filed suit in federal court invoking RLUIPA to force the county to permit it to move ahead with its building of Arundel Bay Academy, a Christian school that would enroll 220 students in grades K-8. Today's Annapolis Capital reports that the church has been involved in litigation over the project in state courts since 2003, as neighbors object to the traffic the school would bring to the rural county's narrow roads. The church's new lawsuit alleges that changes in county development regulations have been aimed specifically at the church's building project.

Vatican Envoy Addresses UN On Religious Freedom

Last Friday, the Vatican's permanent observer to the United Nations delivered an address to a committee of the General Assembly on religious freedom concerns around the world. He said: "we have come to a turning point in history which demands more of us, including a commitment to interreligious dialogue. At the same time, my delegation is increasingly convinced of the indispensable importance of reciprocity, which, by its very nature, is apt to ensure the free exercise of religion in all societies." Archbishop Celestino Migliore's statement (full text) marked the 25th anniversary of the adoption of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. The address was covered by Catholic Online.

British Band May Need License To Play Jingle Bells

In a twist from the usual complaints, a band in Cornwall, England may not be able to play Jingle Bells and other non-religious Christmas songs this year. The London Daily Mail reported last week that Britain's Licensing Act 2003 may require the Callington Town Band to obtain a costly license for each of its performances unless it falls within the Act's exemption for entertainment incidental to a religious meeting or service. The Caradon District Council's licensing department interprets this to mean that an exemption is available only if the band sticks to religious Christmas carols. If it plays White Christmas or Rudolph the Red Nose Reindeer, the band that raises hundreds of pounds for charity each year will need to have a temporary license for each of its seven Christmas programs that are to be presented in venues that do not have public licenses. South East Cornwall representative in Parliament, Liberal Democrat Colin Breed, who is trying to resolve the issue, said that the ruling was an unintentional consequence of the licensing regulations. He added, "It's just total nonsense.... Hopefully common sense will prevail."

Saudi Arabia Opens To Tourists-- With Religious Limitations

For the first time, Saudi Arabia will issue tourist visas to foreigners, according to a report from Reuters in today's Kaleej Times. In the past, only haj pilgrims and foreigners sponsored by Saudi residents could enter the country. Now 18 tour operators will be able to issue visas. However, non-Muslim tourists will not be able to visit the holy cities of Mecca and Medina. Alcohol will continue to be banned, and women visitors will be required to be covered from head to toe in public. However the country's ban on photography has been lifted, as the Supreme Commission of Tourism hopes to attract 1.5 million wealthy tourists by 2020. Already, the website of Saudi Arabian Airlines offers information about available tours.

Australian Catholic Church Skeptical Over Government Funding For Chaplains

In Australia, Prime Minister John Howard is backing a $90 million national school chaplaincy program. Under the program, both public and private schools will be able to apply for grants of up to $20,000 to employ chaplains who will promote values and mentor students. The Age yesterday reported that the originator of the proposal, Liberal MP Greg Hunt, says that church-state issues are avoided because acceptance of government money will be purely voluntary, as will be any student's decision to consult a chaplain. However Catholic school officials are expressing caution over provisions requiring federal government approval of chaplains who are hired. Catholic News today quotes the head of New South Wales Catholic Education Commission who calls a government veto over Catholic school staff "unprecedented".

More October Prisoner Free Exercise Cases

In Hills v. Epps, (5th Cir., Oct. 24, 2006), the U.S. Fifth Circuit Court of Appeals upheld a lower court ruling that a challenge to a Mississippi prison regulation regulating hair length was frivolous. Plaintiff prisoner wanted to wear dreadlocks for religious reasons.

Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.

In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.

In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.

Bush's Faith-Based Policies Criticized

Thanks to Blog from the Capital for highlighting an article in the most recent issue of the New York Review of Books. Gary Wills writes a stinging review of President George W. Bush's policies titled A Country Ruled By Faith. His thesis, detailed in the article, is:

Bush promised his evangelical followers faith-based social services, which he called "compassionate conservatism." He went beyond that to give them a faith-based war, faith-based law enforcement, faith-based education, faith-based medicine, and faith-based science. He could deliver on his promises because he stocked the agencies handling all these problems, in large degree, with born-again Christians of his own variety.

Extending his critique to the Iraq war, Wills concludes:

There is a particular danger with a war that God commands. What if God should lose? That is unthinkable to the evangelicals. They cannot accept the idea of second-guessing God, and he was the one who led them into war.

Animal Rights Demonstrators Lose Establishment Clause Claim

In Deardorff v. Louisville/ Jefferson County Metro Government, 2006 U.S. Dist. LEXIS 78235 (WD KY, Oct. 20, 2006), a Kentucky federal district court rejected the claim of animal rights demonstrators that police violated the Establishment Clause by moving them away from the front of a church where they could be seen by cars entering the church's premises. The demonstrators believed that Kentucky Fried Chicken executives attended the church, and they wanted to reach those executives with their protest.

Archbishop of Cantebury On Regulation of Religious Symbols

Last week, upon his return from a trip to China, Rowan Williams, the Archbishop of Cantebury, published an of-ed column in the London Times titled A Society That Does Not Allow Crosses or Veils in Public Is a Dangerous One. The column comes after British political leaders have criticized the wearing of the Niqab by Muslim women. (New York Times, Oct. 22.) Reactions to William's column were reviewed in This Is London last Friday.

Vandalism Follows Teachers' Request To End School Board Prayer

Two teachers who requested the Crawford County, Georgia Board of Education to stop opening board meetings and new teacher orientations with prayer found that someone disagreed strongly with their proposal. The Macon (GA) Telegraph reported today the teachers found the tires on their cars slashed. The vandalism took place in the school board parking lot on the night of the October board meeting-- a meeting that, as usual, opened with a prayer. School officials say that prayer will continue, but they will comply with guidelines that call for prayers to be denominationally neutral. Presumably that means that the routine practice of mentioning Jesus by name in opening prayers will be changed.

Recent Articles and Books of Interest

From SmartCILP:

• Constance Frisby Fain & Herbert Fain, Sexual Abuse and the Church, 31 Thurgood Marshall Law Review 209-238 (2006).
  
• Jonathan Klick, Salvation As a Selective Incentive, 26 International Review of Law & Economics 15-32 (2006).
  
• A. G. Roeber, The Law, Religion, and State Making In the Early Modern World: Protestant Revolutions In the Works of Berman, Gorski, and Witte, 31 Law & Social Inquiry 199-227 (2006).
  
• 12th Annual International Law and Religion Symposium: Religion and the World's Legal Tradition. Articles [links to full text] by Rex J. Abdar, Louis-Leon Christians, Cornel W. du Toit, Carolyn Evans & Christopher A. Thomas, (Pakistan) Justice Tassaduq Hussain Jillani, Tahir Mahmood, Javier Martinez-Torron and Paul M. Taylor, 2006 Brigham Young University Law Review 619-836.

From SSRN:

• George W. Dent, Jr., Civil Rights for Whom?: Gay Rights versus Religious Freedom, (Sept. 2006).

Recent Books:

• Newt Gingrich, Rediscovering God in America, (Integrity Publishers, Oct. 2006).
  
• Andy Olree, The Choice Principle: The Biblical Case for Legal Toleration, (University Press of America, Aug. 2006).
  
• Michael L. Weinstein & Davin Seay, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military, (St. Martin's Press, Oct. 2006).
  
  

Australians React To Muslim Cleric's Offensive Sermon

Support for Australian Prime Minister John Howard's proposal to require a pledge supporting Australian values by immigrants seeking citizenship was strengthened this week after a controversial sermon by an Islamic cleric in Australia. (Khaleej Times (Sunday).) Howard wants immigrants to show support for democracy, the rule of law and the equality of men and women. The controversial sermon (full text) was delivered by Sheikh Taj Aldin Al Hilali, Australia's most senior Muslim cleric. His Ramadan remarks, aimed at immodest dress, have been seen as blaming women for rape. He described women who did not wear a head covering as "uncovered meat", and said "If you take out uncovered meat and place it outside... and the cats come and eat it... whose fault is it, the cats' or the uncovered meat?"

Subsequently Hilali and his spokepersons have both tried to explain the remarks and have apologized for them, as leading Muslim women condemned the remarks. Australia's Sex Discrimination Commissioner, Pru Goward, said the comments could be an incitement to crime. (BBC News (Thursday).) In an effort to prevent further fallout, it was announced Friday that Hilali will not preach sermons for the next two to three months. (Baku Today (Friday).)

2 State Courts Assert Jurisdiction In Break-Away Church Land Disputes

In two recent cases, state courts have agreed that they can decide disputes over church property between break-away congregations and parent church bodies.

In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.

In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.

New Religious Freedom Moot Court Competition

George Washington University Law School has announced that it is inaugurating the National GW Religious Freedom Moot Court Competition. Students from ABA accredited law school may participate in the competition that will be held in January 2007.

Cert. Filed In 9th Circuit Anti-Gay T-Shirt Case

The Alliance Defense Fund announced that this week it filed a petition for certiorari (full text) with the U.S. Supreme Court in Harper v. Poway Unified School District. In a 2-1 decision, the Ninth Circuit Court of Appeals held last April that a California high school could ban a student from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". (See prior posting.) The cert petition argues that the decision is in conflict with those in other circuits.

Justice Department Cancels Controversial Religious Prison Program

The New York Times today reports that the Justice Department has cancelled plans for "Life Connections", a single-faith religious pre-release prison rehabilitation program that it proposed last March. (See prior posting.) Critics had argued that the program violated the Establishment Clause by funding indoctrination in the views of a particular religious faith.

Clergy Get Employment Protection In Britain

Britain's Employment Appeal Tribunal yesterday handed down a landmark case holding that clergy will be treated as employees of the church for purposes of bringing unfair dismissal cases. Reporting on the case, Personnel Today said that previously ministers were regarded British courts as appointed to a holy office, and not as employees. The decision in New Testament Church of God v. Stewart, (EAT, Oct. 27, 2006), relies on last year's House of Lords decision in Percy v Church of Scotland Board of National Mission, [2006] IRLR 195, in reaching its conclusion. (See prior posting.)

Controversial Mozart Opera Will Be Performed

Playbill Arts reported yesterday that the Deutsche Oper Berlin has announced it will produce Mozart's Idomeneo after all. The production was cancelled last month due to fears of violent reaction to the scene depicting the severed head of the Prophet Muhammad. (See prior posting.) However, Berlin police have now said that there is no "concrete danger" to the opera company if it revives the production.

Suit Against Air Force Academy Dismissed Without Reaching Merits

A New Mexico federal district court yesterday dismissed a suit by several recent Air Force Academy graduates, the father of a currently enrolled cadet, and an Air Force recruiter. The suit, originally filed by Academy alum Mikey Weinstein, claims that the Air Force Academy has a policy of evangelizing and proselytizing cadets, that the the Air Force's Interim Guidelines on Free Exercise of Religion were unconstitutional and that recruiters are both subject to religious proselytization and proselytize recruits. (See prior postings 1, 2 .)

In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.

Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.

Court Denies Enlisted Doctor Conscientious Objector Status

Earlier this month, a Boston anesthesiologist successfully claimed conscientious objector status and avoided being ordered to active military duty. A Massachusetts court decided she should be discharged, with her agreeing to repay, with interest, the money the government spent on her medical education. Now it turns out that her attorney, within days, also sued on behalf of two other anesthesiologists who are seeking conscientious objector status allegedly developed after their enlistments. Yesterday's Detroit News reports that Detroit federal judge Avern Cohn has sided with the army and rejected the CO application of one of them, Dr. Ryan Hae Kwon, a Christian who was born in South Korea and who moved to Hawaii as a child. Major David M. Wilson, who investigated Kwon's claim for the Army, said Kwon developed sincere beliefs against war over the course of a year after seeing accounts and photos of events in Iraq. The army, however, said that it is short on anesthesiologists.

Amish Couple Challenge USCIS Photo Requirement

Immigration rules of the U.S. Citizenship and Immigration Services require that applicants for permanent residency in the United States file, as part of their paper work, two photos. In Pittsburgh, according to an Associated Press report published today, an Amish couple has filed suit challenging the requirement on religious grounds. Old Order Amish interpret the Biblical commandment against making "graven images" as prohibiting photos. The government, because of increased terrorism concerns, has ended its past practice of waiving the photo requirement for religious objectors. However, the couple's attorney is asking for a waiver so the husband, who is a Canadian citizen, can remain in the U.S. and eventually apply for U.S. citizenship. The couple has filed the lawsuit anonymously because they could be excommunicated from their Amish community for violating its principles of non-resistance if the community learned of the suit.

Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons

Yesterday in Aarhus, Denmark, the City Court dismissed a defamation suit that had been brought by seven Danish Muslim groups against the Jyllands-Posten for publishing now-infamous caricatures of the Prophet Muhammud last year. Yesterday's London Times says that the Danish court found that while the cartoons may have been offensive to some Muslims, there was no evidence that the paper had intended to insult the Prophet or mock the Islamic religion. When it published the cartoons, the Jyllands-Posten said its purpose was to challenge perceived self-censorship among artists who were afraid to offend Islam.

The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).

Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight

Last month, the media reported widely on steps being taken at Minneapolis-St. Paul International Airport to provide for Somali Muslim cab drivers to avoid picking up passengers who are carrying alcohol. (See prior posting.) Yesterday's Minneapolis Star Tribune carried a fascinating article suggesting that the matter is even more complex that it first appeared. Apparently neither Somali culture nor religious tradition bans carrying alcohol for people as part of a commercial enterprise. Instead, it appears that the initiative to focus on the taxi issue originated in a fatwa issued in June by the Minnesota chapter of the Muslim American Society (MAS). That group however is made up of Arab Muslims, not African Muslims. So this is apparently part of a struggle within the Islamic community in Minnesota in which the MAS is attempting to use the more vulnerable Somali community to rally support for its Middle East agenda.

Religious Remarks To Jewish Audience At Candidate Forum Backfire

In Arizona, attempts by a spokesman for Baptist Congressman J.D. Hayworth to appeal to the religious beliefs of voters has backfired, according to an article in this week's Forward. Jewish religious law generally permits abortion to protect the life or health of the mother. The National Council of Jewish Women (NCJS), supports abortion rights more broadly. Jonathan Tratt, a Jewish spokesman for Hayworth appearing at a candidates' forum sponsored by the Arizona Section of NCJS, defended Hayworth's anti-abortion stance by arguing that the Baptist congressman was “a more observant Jew” than the audience members. This led to a walk-out by many of those present.

Any Problem With Polling Places In Churches?

An article in yesterday's Salem, Virginia Times-Register raises the question of whether locating polling places in churches creates any Establishment Clause issue. It says that in past years, a number of churches objected to being used as voting locations out of concern about government intrusion into religion.

Israeli Government Sued By Individuals Required To Go Abroad For Marriage

Israelis attempting to effect a change in their country's law to permit civil marriages have devised a new tactic. The Association for Rights of Mixed Families (ARMF) has filed suit in Haifa's Magistrate's Court on behalf of two couples who had to travel abroad to marry. Where a Jew is marrying an individual who is not Jewish under halacha (Jewish law), or where the individuals marrying have no religion, there is no way for them to celebrate a wedding in Israel. Today's edition of Haaretz reports that the plaintiffs in the lawsuits are seeking damages for their wedding costs, and for humiliation and discrimination caused by the state's negligence in failing to provide a way for them to marry inside Israel. ARMF plans to file 10 to 15 similar suits, and hopes that they will be consolidated for a single hearing.

Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption

Yesterday the Florida Supreme Court issued an opinion avoiding a definitive decision in a case challenging the state's sales tax exemption for religious publications and various ceremonial objects. A Wiccan group had challenged the constitutionality of the exemption. (See prior posting.) The Florida Supreme Court had agreed to review the appellate court's dismissal of the suit on standing grounds, assuming that it was in conflict with other Florida cases on taxpayer standing. However in Wiccan Religious Cooperative of Florida v. Zingale, (FL Sup. Ct., Oct. 26, 2006), after oral argument, the Supreme Court concluded that the court of appeals' dismissal of the suit did not actually involve taxpayer standing, but instead was based on the conclusion that the Wiccan group had itself benefited from the exemption it was challenging. The Supreme Court was then required to dismiss the appeal since its only basis for review was Florida Rules of Appellate Procedure, Rule 9.030(a)(2)(A)(iv), that permits a discretionary appeal when a court of appeals decision directly conflicts with a decision on the same question of law by another court of appeal or the supreme court. Yesterday's Bradenton (FL) Herald reported on the decision.

Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.

Court Approves New Trust Terms To Privatize FLDS Property

The Salt Lake City (UT) Deseret News reports that in a long-awaited move, a Utah judge on Wednesday signed an order reforming the terms of the UEP Trust that was set up by Warren Jeffs, former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to hold the property on which his church members-- many of them in polygamous relationships-- lived. The court's plan will ultimately privatize property in Hildale, Colorado City, and Bountiful, British Columbia, and will create "spendthrift" trusts to temporarily place UEP's assets under the control of a trustee. To avoid involving the new trust in illegal activity, it will not inquire whether anyone living on UEP land is practicing polygamy. Authorities fear, however, that FLDS members will resist the changes as their former leader Warren Jeffs has urged. (See prior related posting.)

Florida Appeals Court Again Orders Release of Convicted Midwives

Last week a Florida trial judge essentially defied the ruling of a state court of appeals and refused to release on bond two women who had been convicted of acting as midwives without a license. The court of appeals had held that the women had a reasonable religious freedom defense, and so were entitled to bond pending appeal. (See prior posting.) Yesterday in McGlade v. State of Florida, (FL Ct. App., Oct. 25, 2006), the court of appeals again held that the women were entitled to be released on bond and appointed a different judge as the court of appeals' commissioner to recommend appropriate conditions for the post-trial release of the women. Today's Sarasota (FL) Herald Tribune reports on the court's decision.

Mississippi: Differential Penalties Create No Establishment Problem

In Dimaio v. State of Mississippi, (MS Ct. App., Oct. 24, 2006), a Mississippi court of appeals this week found no Establishment Clause problem with state statutes that set the penalty for burglary of a place of worship at twice the length of the penalty for other burglaries. The court said: "The fact that the statutes in question provide harsher penalties for crimes committed in places of worship does not amount to government endorsement of religion. Rather the harsher penalties reflect a common view that crimes committed in places of worship are more repugnant to the community. Accordingly, we find it unnecessary to conduct a full Lemon test analysis, since it is clear from the face of the statutes that they do not represent government endorsement of religion."

Governments Focus On Jewish Divorce Issue

Should government assist Orthodox Jewish women whose husbands have refused to grant them a religious divorce ("get")? Known as an "agunah", a woman who has not received a get from her husband is precluded from remarrying under Jewish law. In Canada, the Supreme Court has agreed to hear an appeal in a case of a woman seeking damages from her husband for withholding a get. Before they married, Jessel (Jason) Marcovitz of Montreal signed an agreement that if a civil divorce was granted in his marriage to Stephanie Bruker, he would appear before a rabbinic court to grant his wife a get. When Jessel refused for 15 years to carry out this agreement, Stephanie sued in civil court. The trial court awarded Stephanie $47,500 in damages for breach of contract. However in September 2005, a Quebec appellate court held that civil courts could not enforce a contract that requires an individual to engage in a religious act. (See prior posting.) Today's Canadian Jewish News reports that the Canadian Civil Liberties Association is intervening in the appeal to the Supreme Court because of the importance of the case in deciding how religious practices and obligations are treated by the courts.

Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.

Accommodating Muslims Seen By Some As Anti-Christian

At various places around the United States, arguments are beginning to surface that attempts to accommodate Muslims in fact amount to anti-Christian discrimination. Cincinnati, Ohio's WCPO yesterday reported that some Mason, Ohio residents complained that Mason High School was discriminating against Christian students when it made noon-time office space available to two Muslim students during Ramadan so that they could avoid being in the cafeteria while they were fasting. A Mason school board member argued that this was part of a pattern of forcing Christianity out of the school hallways. Other examples she cited were the renaming of "Easter Break" as "Spring Break"and the banning of nativity scenes on school property.

Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.

Polygamy In Canada and U.S.-- New Perspectives

Canada's Department of Justice has recently issued a report titled Polygyny and Canada's Obligations under International Human Rights Law. [Note: "Polygyny" is the correct technical term when referring only to men taking multiple wives. The more common term "polygamy" encompasses both polygyny and polyandry.] Described in the Oct. 25 issue of Today's Family News, the report, written by University of Toronto law professor Rebecca Cook, contends that Canada is violating international human rights law by failing to enforce its legal prohibitions on polygyny. In particular, various human rights treaties to which Canada is a party prohibit discrimination of any kind against women. Responding to the argument that the prohibition of polygamy would violate the protection of religious freedom found in Canada's Charter of Rights and Freedoms, the report noted the distinction between regulating beliefs and regulating religious practices: "While Canada is not entitled under international law to restrict religious belief, it is entitled and in fact obliged in some circumstances to restrict religious practices that undermine the rights and freedoms of others."

Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.

Idaho City Will Vote On 10 Commandments Display

In the upcoming November 7 election in Boise, Idaho, voters will be asked to cast ballots on a referendum to approve building a new Ten Commandments monument in the city's Julia Davis Park. KBCI2 TV News yesterday reported that the Interfaith Alliance of Idaho, made up of local leaders from Islamic, Buddhist and several Christian denominations, gathered on the steps of city hall to announce their opposition to the new monument. For some of them, the concern was that the move would open the park for other monuments as well. Others articulated religious arguments against placing the monument on public property.

Prince Charles Wants Second Interdenominational Coronation

According to a report yesterday from This Is London, Britain's Prince Charles wants to make changes in the traditional coronation ceremony when he becomes king. Some time after the formal Christian coronation ceremony in Westminster Abbey, Charles wants a separate interdenominational ceremony in Westminster Hall to acknowledge Britains of other religious faiths. This is consistent with a proposal made some month ago by Lord Carey, the former Archbishop of Cantebury. Prince Charles also rejects the precedent created at his mother's Coronation when television cameras were required to withdraw during certain sacred parts of the Coronation ceremony.

Conflict of Interest Charges In Wake of Christian Band Dispute

An article in this morning's Toledo (OH) Blade reviews the complex aftermath of what began as a straight-forward church-state dispute over the appearance of a Christian rock band at a Rossford, Ohio high school assembly. After Rossford school administrators cancelled the band's performance, fearing church-state problems, the band unsuccessfully sued in federal district court alleging religious discrimination. An appeal to the 6th Circuit is pending, but a divided Rossford school board voted not to spend money to defend its position in the appeal. School Superintendent Luci Gernot, however, opposes entering any settlement with the band, known as Pawn.

Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.

Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.

Rally Supports Tennessee School's Religious Activities

In Mt. Juliet, Tennessee, 800 people turned up yesterday for a prayer rally to support Lakeview Elementary School and the Wilson County School District. The school is defending a suit brought by the ACLU challenging religious activities such as the "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. (See prior posting.) The Tennessean reports that yesterday's rally caused a 2.5 mile traffic jam. Today's Tennessean interviewed Stephan and Susan Scappaticci, parents who attended the rally. Stephan said: "we're very pleased that our children are in a school with a largely Christian staff and Christian parents who are praying." And Susan added: "We don't feel they have done anything to indicate that they're Christian other than showing kindness and things that anybody could promote, things that make the world a better place and that has a better place to have a positive effect on our children."

"Eruv" Project Faces Environmental Concerns

The California Coastal Commission finds itself in the middle of an unusual conflict between Orthodox Jews and environmentalists, according to an AP story carried yesterday by the San Diego Union-Tribune. Families that attend an Orthodox synagogue on Venice Beach's boardwalk are seeking permission to build an eruv, a symbolic enclosure that would permit them under Jewish law to carry objects and push strollers and wheel chairs to synagogue on the Sabbath when various activities otherwise are prohibited. The $20,000 project would entail stringing 200-pound test fishing line along four miles of beach front between lamp posts and steel poles above 19 welcome-to-the-beach signs. A major problem, however, is that the line would run near a nesting area for dozens of endangered California least terns. Proponents suggest hanging reflective streamers on the string in this area so the birds will not run into it.

Mark Massara, director of the Sierra Club's California Coastal Program, criticizes the proposal that he says allows public property to be used for religious purposes. Coastal Commission staff is considering approval of the eruv for a three-year trial period.

Court Invalidates Canada's Definition of Terrorism

Yesterday, an Ontario Superior Court of Justice decision struck down a key provision in Canada's anti-terrorism law. In Queen v. Khawaja, (Ont. Super. Ct. Justice, Oct. 24, 2006), Justice Rutherford held that the law's definition of "terrorist activity" violates Sec. 2 of Canada's Charter of Rights and Freedoms that protects freedom of religion, thought, belief, opinion, expression and association. The provision at issue, Sec. 83.01(1)(b)(i)(A) of Canada's Criminal Code limits prohibited conduct to activity that is undertaken "in whole or in part for a political, religious or ideological objective or cause". The court said that this definition will focus investigative and prosecutorial scrutiny on political, religious and ideological beliefs and will have a chilling effect on the exercise of protected rights. Relying on writings by academics, the court said that this definition will lead to "the shadow of suspicion and anger falling over" those connected with groups identified with particular terrorist acts.

The court pointed out that one of the purposes of the clause in question was to limit the range of activities that would otherwise be covered by the act. However, the court said, this justification is outweighed by the freedoms-infringing impact of the provision. The court held that the act should be applied as if this clause did not exist. The Toronto Globe & Mail, covering the decision yesterday, pointed out that it will likely make it easier to obtain convictions under the act. Yesterday's New York Times article on the case quotes Lawrence Greenspon, lawyer for defendant Mohammed Momin Khawaja, a Canadian-born software developer who was charged in connection with a bomb plot, as saying that the definition of terrorism as a politically or religiously motivated crime has led to abuses by police and intelligence officers. He added, "That's why they're knocking on Muslim Canadians' doors and questioning and detaining people who are Arab or followers of Islam."

Newdow's Libel Suit Survives SLAPP Motion

Yesterday in Newdow v. Miles, (CA Ct. App., Oct. 24, 2006), a California appellate court rejected a motion to dismiss a libel action filed by Michael Newdow against Austin Miles, an"interdenominational chaplain", growing out of statements made by Miles in an Internet posting. Miles claimed that Newdow committed perjury in Newdow's lawsuit challenging the constitutionality of the phrase "under God" in the pledge of allegiance. Newdow says that the testimony attributed to him was fabricated by Miles. Miles moved to dismiss the lawsuit under California' SLAPP law that is designed to prevent using defamation actions to silence speech on controversial public issues. The court found that Newdow had made a sufficient prima facie showing of facts that support his claim to avoid dismissal under the statute. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Iowa Lt. Governor Race

In Iowa, the teaching of Intelligent Design in public school science courses has become an issue in the race for Lieutenant Governor. Today's Des Moines Register reports that Republican Lt. Gov. candidate Bob Vander Plaats has publicly supported the teaching of intelligent design along with evolution in public schools. 35 faculty, students and others from several Iowa universities have signed a letter sent to the media opposing Vander Platts' position. Drafted by Hector Avalos, a religion professor at Iowa State University, the letter says: "we see intelligent design as a faith-based claim that is being misrepresented as a scientific one."

Nuns Risk More Jail For Refusing To Pay Restitution To Air Force

In Denver, Colorado, a federal judge has rejected a proposal by three nuns that they be excused from paying restitution to the U.S. Air Force for damage they caused in a demonstration against U.S. nuclear policy. According to this week's Denver Post, Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson, who have already served substantial prison time for obstructing national defense and damaging government property, seek to engage in community service work instead of paying $3,082 for the damage they caused in cutting through a chain link fence at a missile silo. The nuns object on conscientious grounds to paying any money to the military because of the uses the military would make of the funds. That refusal may mean they are returned to jail. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Ohio School Board Races

This morning's Toledo Blade covers the somewhat differing views on the teaching of intelligent design held by the four candidates running in a non-partisan contest for a vacant north-central Ohio seat on the State Board of Education. John Bender (a registered Democrat) believes that intelligent design has no place in science classes. He is supported by outgoing term-limited board member Martha Wise. Candidate Roland Hansen, an independent, favors alternatives to evolution being taught in optional courses. Candidate Ken Ault says he is undecided on the issue. And candidate Kathleen McGervey, a registered Republican and former parish religious school teacher, says: "The scientific facts that support evolution should be taught and the scientific facts that call it into question should be taught and it should be done in science [classes] because they are scientific arguments."

Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.

Dispute At U of Tennessee On Student Funds For Christian Band

At the University of Tennessee at Martin, a controversy has erupted over the use of Student Activities Council (SAC) funds to sponsor last night's concert by the Christian band Sonicflood. Today's issue of The Pacer reports that the band was brought to campus after student government president James Orr encouraged the campus ministries to request SAC sponsorship of the program. Adam Francis, a senior philosophy major, questioned the constitutionality of using $10,000 of student funds for the concert by starting a group on the social networking website Facebook captioned "Why is UTM using my money to book a Christian band?"

RLUIPA Dispute Brewing Over Expansion of California Synagogue

Yesterday's San Francisco Chronicle reported on a threatened lawsuit under RLUIPA in a dispute over the expansion of the sole synagogue in wealthy Marin County, California. In May, the Town of Tiburon Planning Commission denied congregation Kol Shofar's application for a conditional use permit. (Minutes of May 10 and May 31 Commission meetings.) An appeal to the Town Council followed, and a decision is expected on Nov. 15. The building expansion, which may cost up to $15 million, is opposed by neighbors who claim it will increase traffic and noise and provides inadequate parking. [Thanks to both Eric Rassbach and Steven H. Sholk for sending information on this.]

UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.

President's Statement On Eid al-Fitr

Yesterday the White House released a statement by President Bush extending best wishes to Muslims in the United States and around the world who are celebrating Eid al-Fitr, the end of Ramadan. The White House website has a page devoted to Ramadan, which also contains links to the President's statement on the beginning of Ramadan and his statement at an Iftaar dinner at the White House on Oct. 16.

New Civil Marriage Bill Proposed In Israel

Israel's government plans to introduce into the Knesset a limited civil marriage bill according to reports yesterday by the Jerusalem Post and Y-Net News. The bill, drafted by Justice Minister Meir Sheetrit, will permit civil marriage in Israel only between Israeli citizens who are defined as non-Jews according to Orthodox Jewish law and who do not belong to any other religion. It will have the odd effect of requiring individuals to prove that they are not Jews in order to take advantage of the bill's provisions. The new law will not permit civil marriages between Jews and non-Jews, nor will it permit Jews to marry in Israel in ceremonies performed by Conservative or Reform rabbis, or by civil authorities. The move comes as part of an agreement for Avigdor Lieberman's Yisrael Beitenu Party to join the Kadima-led coalition government. (Y-Net News.)

The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.

Court Approves Settlement Of West Virginia School Jesus Portrait Suit

The high profile lawsuit in Harrison County, West Virginia over a portrait of Jesus that had hung for many years in Bridgeport High School came to a quiet end last Wednesday as a federal judge approved a settlement submitted by both parties-- but whose text has apparently not been publicly released. (West Virginia Record, Oct. 19). Both parties, represented respectively by the Alliance Defense Fund (release) and the Americans United announced two weeks ago that they had reached a settlement. The only description of it was in AU's press release: "The settlement today ensures that the school board will not allow a display of Sallman's 'Head of Christ' or unconstitutional displays of 'any pictures, paintings, posters, prints, statues, carvings, or other items with religious content' at Bridgeport High School. " An Oct. 6 letter to the editor of the Huntington (WV) News by the lone dissenter on the school board was equally cryptic. He said that the settlement did clarify some important points and indicated that he would back the full board's decision, even though he had voted against it. He also indicated that funds that had been donated for the school's legal defense would be returned to donors. He promised that the Alliance Defense Fund would release a summary of the settlement in the coming weeks, but so far there appears to be no sign of that release.

UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:

will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.

... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....

Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.

New Study of Pentacostals and Charismatics

The Pew Forum on Religion & Public Life earlier this month released a new ten-country survey of Pentacostals and Charismatics titled Spirit and Power. The report says: "Renewalist Christians' strong focus on the supernatural has led to the widespread perception that the movement is largely apolitical in outlook. Although renewalists are focused on spiritual matters, many also say there is a role for religion in politics and public life. In nine of the 10 countries surveyed, for instance, at least half of pentecostals say that religious groups should express their views on day-to-day social and political questions; support for this position is equally widespread among charismatics. In every country surveyed, furthermore, renewalists are at least as likely as others to express this view." This week's Christian Century discusses the study.

Israeli Mother Launches Symbolic Challenge To Role Of Jewish Law

Today's Jerusalem Post reports on an odd case that is about to go to Family Court in Israel. In Israel Jewish marriage, divorce and personal status issues are governed by Jewish law (Halacha), sometimes applied by rabbinic courts and sometimes applied by the civil Family Court. (Background.) Under Jewish law (halacha), a child born from an adulterous relationship holds the status of "mamzer" and in Israel is only permitted to marry a convert to Judaism or another mamzer. However there is a strong presumption that a child conceived while a woman is married was in fact fathered by the woman's husband. Surprisingly, a mother-- whose name is not reported-- is seeking to have the Family Court rule that her son (identified only by the pseudonym Moshe) was in fact a mamzer, even though she was eight months pregnant before she was formally divorced from her husband.

Represented by an organization that defends the rights of unconventional families, the mother-- a secular Jew-- wants a DNA test to show that Moshe's father is in fact the man who she married after her divorce from her first husband was final. Rabbi Moshe Rauchverger, a senior member of the Chief Rabbinate's Governing Council and Haifa marriage registrar, says that the mother should protect her son's presumed legitimacy. The mother's attorney, however, emphasized the point that the lawsuit aims to make: "It is absurd that in Israel of the 21st century people like Moshe have to suffer because of Halacha."

British Summit On Inclusion By Faith Schools

Today's Guardian reports that in Britain, representatives of the country's major religions are meeting today with Education Secretary Alan Johnson for an "inclusion summit". The Secretary will discuss the government's recently proposed legislation to require new (but not existing) faith schools to admit up to 25% of their student body from faiths other than that of the institution's sponsor, or else obtain an exemption. The Church of England has announced that it will voluntarily do this in its schools. Most new faith schools that will be subject to the proposal are expected to be Muslim. (See prior related posting.)

UPDATE: This Is London on Monday reported that the British government has plans to give Ofsted (Office For Standards In Education) inspectors the power to grade state-supported faith schools on how much they contribute to "community cohesion" by employing teachers of different religious backgrounds.

UPDATE: On Oct. 27, Britain's Education Secretary Alan Johnson announced that he was dropping the proposal to require new faith schools to take 25% of their students from other religious groups. (ePolitix)

New Books On Religion, Law & Public Policy

A number of new books of interest have recently been published:

Brooke Allen, Moral Minority: Our Skeptical Founding Fathers ,(Ivan R. Dee Publisher, Sept. 2006), reviewed in Sunday's New York Times.

Darryl Hart, A Secular Faith: Why Christianity Favors the Separation of Church and State, (Ivan R. Dee Publisher, Sept. 2006).

Sam Harris, Letter to a Christian Nation, (Knopf, Sept. 2006).

David Pryce-Jones, Betrayal: France, the Jews and the Arabs, (Encounter Books, Oct. 2006).

Robert Royal, The God That Did Not Fail: How Religion Built and Sustains the West, (Encounter Books, Aug. 2006).

Lew Daley, God and the Welfare State, (MIT Press, Oct. 2006).

David Yonke, Sin, Shame & Secrets: The Murder of a Nun, the Conviction of a Priest, and Cover-up in the Catholic Church, (Continuum International, Nov. 2006).

Andrew Greeley & Michael Hout, The Truth about Conservative Christians: What They Think and What They Believe, (University of Chicago Press, Fall 2006).

Jewish Dems List Worst Members of Congress On Jewish Issues

This week's Philadelphia Jewish Voice reports on a recent rating of members of Congress by the National Jewish Democratic Council Political Action Committee. The NDJCPAC has named its "Backward Eighteen"-- the 18 members of Congress up for election this year whose records are worst on issues of importance to the American Jewish community. Not surprisingly, considering the group that compiled the list, the 4 Senators and 14 Representatives on the list are all Republicans. The list includes legislators from Arizona, Colorado, Florida, Indiana, Missouri, Montana, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia, Wyoming.

Mississippi City Sued By Preachers Who Were Kept Off Sidewalk

On Friday, the Alliance Defense Fund filed a federal lawsuit against the city of Wiggins, Mississippi and various of its officials on behalf of two Christian preachers who were threatened with arrest for carrying signs and engaging in religious speech on a public sidewalk using a microphone and amplification system. The complaint (full text) says that police told the individuals that they were violating the city's noise ordinance, its sign ordinance, were obstructing traffic and endangering public safety. Police told the two Christian evangelists to obtain a permit, but they were later told that the city did not have a permit system. The complaint alleges that the city's conduct violated the 1st and 14th amendments to the U.S. Constitution, as well as provisions of the state constitution protecting speech and assembly.

Rising Orthodox Jewish Population Impacts Much In New Jersey Town

Today's Newark (NJ) Star-Ledger carries a long article on the changes taking place in Lakewood Township, NJ as the Orthodox Jewish population has expanded rapidly. Members of the Orthodox community-- who generally avoid assimilating into the more general culture-- have been elected to various municipal offices and boards. There are almost three times as many children in Orthodox Jewish day schools as there are in public schools. Disputes on allocation of state funds for pre-school special education have arisen. The state Department of Education held that black and Latino children in the Lakewood district have received too little; whites tend to be in more expensive all day pre-school programs. The Department's finding is under appeal. An Orthodox neighborhood watch group formed after an Orthodox woman was abducted and raped has been denounced by the Lakewood Public Safety Director as a private police force. Housing discrimination complaints are high. The other rapidly growing ethnic group in Lakewood is undocumented Mexicans. Rabbi Moshe Zev Weisberg says that small incidents are blown out of proportion and framed as an "Orthodox conspiracy".

While unofficial websites describe Lakewood Township as a hub of Orthodox Judaism (Wikipedia), the Township's official web site makes almost no mention of this. Its listing of houses of worship includes only two of the more than 100 Orthodox synagogues in the township, and its listing of private elementary schools lists none of the many Orthodox institutions. [Thanks to Steven H. Sholk for the lead.]

Niqab Controversies In US, Britain, Egypt

Around the world, the niqab-- a veil covering the face that is worn by some Muslim women-- is creating heated controversy.

Earlier this month in Britain, a Muslim teaching assistant was suspended after she refused to remove her niqab while teaching 11-year olds who speak English as a second language. Yesterday's Telegraph reported that the teacher, Aishah Azmi, sued for discrimination in an employment tribunal after she was suspended for failing to comply with management instructions. She argued that her rights under the Employment Equality (Religion or Belief) Regulations 2004 were violated. The tribunal rejected her discrimination claim, but award her damages for injury to her feelings. A second report by the Telegraph says that Azmi's lawyer plans to seek legal aid funding to appeal the case to the European Court of Human Rights. However, a Muslim member of Parliament, Shahid Malik, called for Azmit to drop the suit, saying that there is no support for it from Muslim parents.

In Egypt, the Provost of Helwan University angered some Muslims when he issued an order that any students wearing a niqab must be checked by security women to verify their identity before they will be permitted into the school's dormitories. Gulf News today reports that the university is concerned that a man could walk into female dormitories hidden behind a niqab, or that other criminal activity could be hidden. However students and human rights groups are protesting the order issued a few weeks ago. Illustrating the strength of the feelings on the issue, last week a female Muslim preacher was threatened with death after stating on a television broadcast that the niqab was not required by Islamic law. And the Muslim Brotherhood has filed a complaint with the Prosecutor-General seeking an investigation into alleged exclusion of niqab-wearing students from government-run universities.

Meanwhile, niqab controversies also have come to the United States. Today's Detroit Free Press reports that in a small claims dispute in Hamtramck (Michigan) District Court, a judge has said that he will dismiss a case after a Muslim woman refused remove her niqab before testifying in her lawsuit against a rental car company. The judge said he needs to see the woman's face while she is on the witness stand in order to help assess the truthfulness of her testimony.

Former German Official Criticizes Religious Motivations Of Bush

The Associated Press today reports on excerpts from a new book by Germany's former Chancellor Gerhard Schroeder in which the German leader expresses concern about the religious motivations behind decisions of U.S. President George W. Bush. In excerpts published by Der Spiegel, Schroeder says: "We rightly criticize that in most Islamic states, the role of religion for society and the character of the rule of law are not clearly separated. But we fail to recognize that in the USA, the Christian fundamentalists and their interpretation of the Bible have similar tendencies." Schroeder's book is titled Decisions: My Life in Politics.

Role of Religion In Connecticut Senate Race

Today's Hartford (CN) Courant discusses the role of religion in the high profile Senate race between Democratic nominee Ned Lamont and current Senator Joseph Lieberman who is running as an Independent after losing in the Democratic primary. A column by Mark Silk, director of the Center for the Study of Religion in Public Life, reports that in the primary, Lieberman carried the Catholic and Jewish vote. However Lamont carried the Protestant vote and won by a 3-1 margin among those who have no religious affiliation and by a 2-1 margin among adherents of non-Judeo-Christian faiths. Lieberman, who is Jewish, received 61% of the Jewish vote in the primary. Many Jews, however, are strong supporters of church-state separation and object to Lieberman's strong emphasis on religion in his campaign.

Archbishop of Cantebury In China

A Reuters article in today's Washington Post reports on the two-week visit on the Archbishop of Cantebury Rowan Williams to China. He has talked with government officials on issues of concern such as the environment, an aging society, censorship and the death penalty. On Sunday he held a service in Beijing and encouraged Chinese Christian leaders and intellectuals to play a role in discussions on China's public policy issues.

UPDATE: As the Archbishop of Cantebury ended his trip to China, Tuesday's London Times reports that human rights activists charge Williams did not press Chinese officials strongly enough on issues of religious freedom.

California City Will Settle Lawsuit By Christian Dance Group

The city of Chula Vista, California has agreed to settle a suit filed last year on behalf of the Jesus Christ Dancers-- a group of six girls who were excluded from performing last year in the city's Holiday Festival even though a Hawaiian prayer dance group was allowed to perform. Subsequently the mayor apologized to the Christian dance group and City Council agreed to permit religious expression at future Holiday Festivals. (See prior posting.) A federal court hearing on the settlement will be held Tuesday. Yesterday's San Diego Union Tribune reports that the settlement provides for the city to pay $31,000 in damages, and to furnish training to police officers and managers on First Amendment rights, particularly the rights of religious persons to express their faith in the public square.

Developments In RLUIPA Land Use Cases

There have been developments in two RLUIPA land use cases. The first is reported by today's Orange County (CA) Register. In Santa Ana, California, a federal district court granted the Quan Am Buddhist Temple of Garden Grove a temporary restraining order to permit it to hold worship services in several suites in an office building that it purchased almost two years ago. Several applications to build a Temple on the site have been rejected. (See prior posting.) Garden Grove’s City Manager says that his main concern has been to preserve valuable office space for the city. The judge’s order prohibits anyone from staying overnight or cooking over an open flame in the office building, and the Temple must bring all its rooms up to code within 30 days. UPDATE: The full decsion in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, which granted a preliminary injunction (not a TRO) is now available at 2006 U.S. Dist. LEXIS 81635 (CD CA, Oct. 20, 2006).

Meanwhile, according to today's South Florida Sun-Sentinel, the Hollywood, Florida, neighbors of a Chabad Lubavitch synagogue have appealed a federal district court ruling that precluded them from challenging the settlement of a religious discrimination lawsuit brought by Chabad against the city. (See prior posting.) The neighbors argue that the settlement created a zoning change to which they should have been able to object.

Recent Articles of Interest In Law and Religion

From NELLCO:
David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship, (Aug. 2, 2006).

From SSRN:
Kathleen Boozang, Divining a Patient's Religious Beliefs in Treatment Termination Decision-Making, (Sept. 28, 2006).

Alan E. Brownstein, Taking Free Exercise Rights Seriously, (Sept. 21, 2006).

From SmartCILP:
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders Under the Establishment Clause. 2 New York University Journal of Law & Liberty 28-85 (2006).

Wisconsin Diocese Charged With Election Violations

Wisconsin election law requires any group that spends over $25 to support or oppose a state referendum to register with the State Elections Board. The Wisconsin Democracy Campaign (WDC) has sent a memo to the State Elections Board charging that the Catholic Diocese of Madison violated this provision when Bishop Robert Morlino passed out a flier to all parishioners urging them to support a November 7 constitutional amendment to ban same-sex marriages. Channel 3000 today reports Morlino's response: "a law that tells me I should have recourse to the state or commission in order to teach the truth of Christ about marriage in my own churches is an obstacle to our own free expression of religion." WDC has also issued a release on the matter.

Evangelist's Tax Evasion Trial Continues

Today's Pensacola (FL) News Journal reports on the ongoing tax evasion trial in federal district court of Pensacola evangelist Kent Hovind. At Hovind's Creation Science Evangelism Ministry, which includes Dinosaur Adventure Land, Hovind has failed to withhold federal income, social security and medicaid taxes, taking the position that he and his employees work for God, are paid by God and therefore aren't subject to taxation. Yesterday, Rebekah Horton, senior vice president of Pensacola Christian College testified for the prosecution saying that tax evasion is against the Scriptures. Pensacola Christian College, concerned about its students who worked for Hovind, apparently brought the situation to the attention of the IRS.

Times Series On Religious Exemptions Continues, As Does Comment On It

The New York Times today ran a fifth installment of its series on the benefits religious organizations receive from regulatory and tax exemptions. (See prior posting.) Today's installment, titled Ministry's Medial Program Is Not Regulated, focuses on exemptions of medical bill-sharing ministries from state insurance laws. One such group, the Christian Care Ministry, is facing a hearing next week on a complaint by the Kentucky Office of Insurance that the organization should in fact have to register as an insurance company.

The Times series has led to an unusual amount of editorial comment, both pro and con. The Times itself ran an editorial last Monday that argued "the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts." However, yesterday the Weekly Standard carried an article by John DiIulio, Jr., first director of the White House Office of Faith-Based and Community Initiatives, strongly critical of the New York Times series. [Thanks to Steven H. Sholk for the lead to the Weekly Standard.]

Chicago Suburb Sued Over Design Of Vehicle Stickers

In the Chicago suburb of Burbank, Illinois, Nichole Schultz filed suit this week because the city is requiring her to display a sticker on her automobile that she says endorses Christianity. The sticker depicts a soldier with a rifle, kneeling before a grave marked a cross. City officials say the cross is a generic symbol, while Shultz argues that the city is forcing her to Christianize her car. Today's Chicago Tribune reports that Schultz-- who apparently is an atheist-- is not asking the city to change the sticker, but instead is seeking an exemption from the requirement to display it. Earlier attempts to reach an out-of-court solution with the city failed. Now however the city says that Schultz could cover or cut out the cross on the sticker.

New York High Court Upholds Women's Health Act Under New State Constitutional Test

Yesterday in Catholic Charities of the Diocese of Albany v. Serio, NY Ct. App., Oct. 19, 2006), New York's highest court upheld a provision in the state's Women's Health and Wellness Act (WHWA) that requires faith-based organization to include contraceptive coverage for women in any prescription plan that they offer employees. (See prior posting.) The statute includes an exemption for most churches and religious schools where contraception is contrary to the institution's religious tenets. However, the exemption does not cover religiously affiliated social service agencies or hospitals. In this case, a group of ten faith-based social service agencies claimed that the law requires them to violate their religious beliefs by supporting conduct they believe to be sinful. However the court rejected both federal and state constitutional challenges to the law.

The court held that a First Amendment free exercise challenge failed under the Smith test, since this was a neutral law of general applicability. The fact that it exempts a narrow group of religious institutions from its coverage does not make it non-neutral. The more important part of the decision was the court's creation of a new test for free exercise of religion claims under Art. I, Sec. 3 of the New York constitution-- a test that is more protective of religion than the U.S. Supreme Court's Smith decision, but less protective than a "strict scrutiny" rule.

The court held that when general legislation creates an incidental burden on the free exercise of religion, "substantial deference is due the Legislature, and ... the party claiming an exemption bears the burden of showing that the challenged legislation, as applied to that party, is an unreasonable interference with religious freedom." In the court's view, plaintiffs here failed to show that the WHWA imposed an unreasonable interference. The state has a substantial interest in providing women with health care and institutions could ultimately avoid violating their religious principles by not offering prescription drug coverage at all. The court said that it would be a more difficult case if these institutions only hired employees who shared their views on the sinfulness of contraception.

Today's New York Law Journal carries an extensive analysis of the case.

Canadian Marriage Commissioner Appeals Gay-Marriage Requirement

LifeSite News yesterday reported on a case pending in a Manitoba (Canada) Court of Queen's Bench brought by a former provincial marriage commissioner who was forced to surrender his license after he refused to perform same-sex marriages. After the legalization of same-sex unions in Canada in 2004, Manitoba adopted a policy requiring commissioners to perform them. However Ken Kisilowsky says that the policy violates his evangelical Christian beliefs. Clergy are not required to perform same-sex marriage, but others who hold licenses as marriage commissioners are. After the Manitoba Human Rights Commission rejected his religious discrimination claim, he filed the pending appeal. A number of marriage commissioners in Manitoba, Saskatchewan, Newfoundland and British Columbia have resigned over similar requirements. [Thanks to Alliance Alert for the lead.]

Missouri School Board Asked To Reinstitute "Christmas" Break

In Strafford, Missouri, supported by 30 people in attendance at the meeting, Dee Wampler last week asked the Strafford School District to change the name of "Winter Break" to "Christmas Break". The Springfield, Missouri News Leader reported today that Wampler told the board: "I'm not here today to say this is a religious thing. I'm saying this is our history, our national tradition, that we should recognize." However, others clearly thought it was a religious issue. Dennis Gromer, husband of a Strafford teacher and a local said, "This is a chance for us as Christians to make a stand on what we say that we stand for." No action will be taken until the Board discusses next year's calendar at its January meeting.

IRS Complaint Filed Against Church For Pastor's Political Endorsement

Citizens for Responsibility and Ethics has filed a complaint with the Internal Revenue Service against a Brooklyn Park, Minnesota church alleging that the church violated the terms of its tax exempt status when its minister personally endorsed a Congressional candidate from the pulpit last Saturday night. Yesterday the Associated Press reported that Rev. Mac Hammond of the Living Word Christian Center says that he misunderstood IRS guidelines, and says that this will not happen again. Speaking at the church, Republican candidate Michele Bachmann said that God had called on her to run for Congress. Videos of Bachmann's speech at the church can be viewed on YouTube.

New York Court of Claims Lacks Jurisdiction Over RLUIPA Cases

In a decision handed down two months ago, the New York State Court of Claims held that it lacks jurisdiction over a damage claim brought under the Religious Land Use and Institutionalized Persons Act alleging that a state prisoner's right to religious freedom was violated. In Gill v. State of New York, (NY Ct. Cl., Aug. 28, 2006), the court held that while state courts have concurrent jurisdiction with federal courts to adjudicate RLUIPA claims, New York law has not given jurisdiction in such cases to the Court of Claims. The court also held that damages from the state are not available for a violation of the New York constitution's protection of free exercise of religion, and that the state Supreme Courts, and not the Court of Claims, have jurisdiction over violations of New York's Correction Law, Sec. 610, that protects the free exercise of religion by prison inmates.

European Court OKs Turkish School's Required Photo Without Headscarf

On Monday, the European Court of Human Rights rejected an attack on regulations promulgated by Turkey's Higher Education Council, according to a report in Zaman. After losing in Turkey's administrative courts and State Council, Emine Arac, a student at the Marmara University Theology Faculty, appealed to the European Court claiming that her school required her to submit a picture of herself without her headscarf when she registered for classes. However the court held that the requirement does not violate the protections for religion and expression, or infringe the right to an education, guaranteed by the European Convention on Human Rights.

Christian Agency Entitled To Hire On Basis of Religion Under Title VII

In Jackson v. Light of Life Ministries, Inc., 2006 U.S. Dist. LEXIS 75265 (WD PA, Oct. 16, 2006), a Pennsylvania federal district court rejected a Title VII religious discrimination claim that was brought by a part-time program aide at a Christian social service agency that provided food, shelter and outreach to the homeless. Raymond Jackson, a Jehovah's Witness, claimed that he was not hired full-time because of his religion, and then was fired in retaliation for filing an EEOC complaint. The court found that Light of Life was clearly a religious organization entitled to hire on the basis of religion under Title VII, and that the exemption applied even though Jackson's job did not require him to engage in religious counseling or religious activities.

Politician Promises Restoring Of Land To Bulgarian Orthodox Church

In Bulgaria, popular nationalist politician Volen Siderov, chairman of the National Union Attack party, recently met with the acting head of the Bulgarian Orthodox Church, Metropolitan Bishop Kiril, promising legislation to restore properties of the Church that were nationalized in 1945. The Sofia Weekly reported on Tuesday that Siderov and the Bishop have also discussed introducing religious studies in schools, and proposals to make the Orthodox Church Bulgaria's official religion.

DC Circuit Upholds Terrorist Designation Of Jewish Website

On Tuesday, the U.S. Court of Appeals for the DC Circuit upheld the Secretary of State's decision to designate Kahane Chai as a Foreign Terrorist Organization and to designate its website, Kahane.org, as an alias of the organization. In Kahane Chai v. Department of State, (DC Cir., Oct. 17, 2006), among other things, the court rejected claims by Kahane.org that the government had discriminated against it on religious grounds because websites of other Foreign Terrorist Organizations were not targeted. Jurist yesterday reported on the decision.

Muslim Scholars Write Pope On His Regensburg Speech

Earlier this week, 38 Muslim scholars from 20 countries-- some of the who are also government officials-- sent a letter to Pope Benedict XVI criticizing the interpretation of Islam in the Pope's recent speech at the University of Regensburg, in Germany. A report by the Catholic News Services points out that one focus of the scholars' letter was on the Pope's remarks about the concept of jihad. The letter also said to the Pope: "We share your desire for frank and sincere dialogue, and recognize its importance in an increasingly interconnected world. Upon this sincere and frank dialogue we hope to continue to build peaceful and friendly relationships based upon mutual respect, justice, and what is common in essence in our shared Abrahamic tradition." The full text of the letter, and the list of its signers, has been published by Independent Catholic News.

Air Force Changes Chaplain Guidelines As Mandated By Congress

As a previous posting notes, last month, a Conference Committee report on the Defense Authorization Act called for both the Air Force and the Navy to repeal their recent regulations governing the activity of chaplains and reinstate policies from earlier rules. Now Jews On First reports that on October 2, three days after Congress passed and the President signed the Defense Appropriations Act, the Air Force issued new guidelines for chaplains. The new rules appear to implement the mandate to reinstate policies from the Air Force's 1999 guidelines. The guidelines now provide that the Chaplain Service "requires awareness of, and sensitivity to, the diverse religious needs of Air Force members". They define the Chaplain Service's Global Ministry as one that is sensitive to the "religiously pluralistic environment" in which it operates, and state that "chaplains adhere to the requirements of their endorsing religious organizations while providing for the spiritual and religious needs of all Air Force members, their families, and other authorized personnel".

However, according to the same report by Jews On First, Mikey Weinstein, president of the Military Religious Freedom Foundation, charges that "Air Force leadership went about issuing these [new] guidelines in a subversive manner, without engaging in an open dialogue about the proper role of religion and chaplains within the Air Force."