Privacy Claim Against Jews For Jesus Survives On Appeal In Florida

Yesterday a Florida state appellate court decided Rapp v. Jews for Jesus, Inc., (FL 4th Dist. Ct. App., Nov. 29, 2006). In the case, plaintiff Edith Rapp, a traditional Jew, claimed that Jews for Jesus (JFJ) falsely portrayed her in an online newsletter as a convert to the group's beliefs. The article was written by Rapp's stepson who is a member an employee of JFJ. The appellate court's decision rejected the trial court's holding that the the First Amendment barred it from deciding plaintiff's tort claims. According to the appeals court, the publication of false statements about a non-member of a religious group does not implicate a tenet of religious belief. Nevertheless, the court found that Rapp's complaint did not allege facts that would support either a defamation claim or a claim for intentional infliction of emotional distress. However, the court reversed the trial judge's dismissal of Rapp's "false light invasion of privacy" claim-- a tort that involves a major misrepresentation of a person’s character, history, activities or beliefs.

The court of appeals invited review by the state Supreme Court of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. It did so by certifying this question as one of "great public importance", thereby giving discretionary jurisdiction for review to the Supreme Court pursuant to Fla. Rules Appellate Procedure , Rule 9.030.

The court of appeals also upheld the trial court's decision to strike numerous paragraphs in Rapp's complaint, describing the paragraphs as redundant and bellicose descriptions of Rapp's theological animosity toward JFJ. [Thanks to Brian D. Wassom for the lead.]

Islamic Scholars Say Female Circumcision Not Part Of Islamic Law

Last week, participants in an international conference of leading Islamic scholars held in Egypt agreed that female circumcision has never been mandated by Islamic law. South Africa's Mail & Guardian today reports on the conference that was funded by the German government and was publicized in Arabic under the title "Eliminating the Violation of Women's Bodies". Mohammed Sayyed Tantawi, the Grand Sheikh of Egypt's prestigious al-Azhar, the leading Sunni university, said that "circumcising girls is just a cultural tradition in some countries that has nothing to do with the teachings of Islam". The conference called on international organizations, educational institutions and the media to "explain the damage and the negative effect of this practice on societies".

San Diego Kept As Defendant In Latest Soledad Cross Case

A California federal judge has refused to dismiss the city of San Diego as a defendant in the latest lawsuit challenging the acquisition of the Mt. Soledad Cross by the federal government. Today's San Diego Union-Tribune reports that the city argued that since it no longer owns the cross, it should not be a party to the lawsuit-- this one a consolidation of suits brought by two veterans' groups. Judge Barry Ted Moskowitz, however, said that the city should remain in the case. If he rules in favor of plaintiffs, the city will be adversely affected. If it is not a party, it could not appeal his decision. Challenges over the 27-foot cross that marks a veterans' memorial have been in the courts since 1989. (See prior related posting.)

Morocco Sentences Christian Tourist To Jail For Conversion Efforts

A court in Morocco has sentenced a 64-year old tourist to six months in jail for attempting to covert Muslims to Christianity, according to a report today by Reuters. Moroccan law prohibits employing "incitements to shake the faith of a Muslim or to convert him to another religion". Sadek Noshi Yassa, a German of Egyptian descent, was charged with distributing books and CDs about Christianity to young Muslims in the streets of the southern resort town of Agadir where local media claimed Christians had launched a broad conversionary campaign.

Humanist Legal Center Sues Over Polling Place In Church

The American Humanist Association yesterday officially announced the creation of the Appignani Humanist Legal Center (AHLC), the first non-theistic legal center operating in Washington, D.C. At a press conference, AHLC said that it has filed a lawsuit to challenge the locating of polling places in churches without requiring them to remove or cover religious symbols in areas frequented by voters. The complaint (full text) in Rabinowitz v. Anderson, (SD FL, Nov. 29, 2006) alleges that Palm Beach County, Florida violated the Establishment Clause by choosing as a polling place a church building that had many religious symbols in plain view around the election judges and above the voting machines. The suit claims that the state has an obligation to ensure that polling places are in secular settings. (See prior related posting.)

Pakistani Christians Sentenced For Allegedly Burning Quran Pages

The Pakistan Christian Post this week reported that the Anti-Terrorism Court in the Pakistani city of Faisalabad has sentenced two Christian men to 10 years in prison on charges of blasphemy against the Quran. James Masih, 65, and his neighbor, Buta Masih, 70, were charged with burning pages of the Quran. Shortly after the rumored incident last October, a mob of 500 Muslims attempted to kill the two men. Christian families from the area fled after police arrested the two men and held off a crowd outside the police station through the night. The defendants' attorney, Khalil Tahir Sindhu, says that his clients are innocent. He plans an appeal. Blasphemy convictions by lower courts have often been reversed on appeal.

Michigan Buddhist Group Agrees To Fines For Zoning Infraction

Yesterday's Grand Rapids (MI) Press reports on an Olive Township, Michigan Buddhist group that reacted in a surprising way when it was cited for violating a township zoning ordinance. When charged with worshiping in a home in a residential area without first obtaining township approval for the gathering, seven men pled guilty and each paid a $50 fine. Wat Siriphanyo Aram-Lao Temple official Chris Liravongsa said, "We are a peaceful people. We know we violated the ordinance. We don't want to fight." The Temple has received a permit to build a new 4,000-square-foot building and parking lot, but it has not yet raised the funds needed for construction.

Spain To Debate Wearing Of Hijab In Public Institutions

The government of Spain earlier this week announced that it will launch a debate on the wearing of religious symbols, including hijab, in public institutions, according to yesterday's Islam Online. The Federation of Islamic Religious Entities (FEERI) said that it will engage in the debate "to prove that Muslims are keen to integrate into society". However, it said, "Muslims oppose any restrictions on religious freedoms and demand respect for symbols that reflect religious identities."

Reargument To Be Requested In New York Contraceptive Coverage Case

The New York State Catholic Conference and other groups will ask New York's Court of Appeals (its highest court) to permit reargument of the case it decided last month in which it upheld a requirement that faith-based social service organizations and religiously affiliated hospitals include contraceptive coverage for women in any prescription plan that they offer their employees. (See prior posting.) The Westchester Journal News today says the Catholic Conference is arguing that the state court misinterpreted the U.S. Supreme Court's 1990 decision in Employment Division v. Smith, and that the state court's decision may cause church-affiliated groups to completely drop insurance coverage to avoid the requirement in the Women's Health and Wellness Act.

South Carolina School Board Approves Opening Prayer

The Charleston County (SC) School Board voted 8-1 Monday to replace the moment of silence at the beginning of its meetings with a prayer. The Charleston Post and Courier yesterday reported that the change was spearheaded by new board member Arthur Ravenel Jr., a former congressman and state senator. Ravenel said the school board was probably the only political body in the county that did not begin meetings with a prayer, and remarked that "if any political entity needs help, it's the Charleston County School Board". However the new policy will now go to a committee to decide exactly what kinds of prayer will be permitted. The Post and Courier reports that some other South Carolina school boards open with the Lord's Prayer or with an invocation rotated among board members, each of whom can decide the content of his or her statement.

Pope Addresses Ankara Diplomatic Corps

On the first day of his visit to Turkey, Pope Benedict XVI delivered a wide-ranging address to the diplomatic corps accredited to represent their countries in Turkey. Zenit has published the full text of the Pope's remarks. Benedict renewed his call for a dialogue between religions and cultures. Promoting religious liberty, he said:

Turkey has always served as a bridge between East and West.... During the last century, she acquired the means to become a great modern State, notably by the choice of a secular regime, with a clear distinction between civil society and religion, each of which was to be autonomous in its proper domain while respecting the sphere of the other. The fact that the majority of the population of this country is Muslim is a significant element in the life of society, which the State cannot fail to take into account, yet the Turkish Constitution recognizes every citizen's right to freedom of worship and freedom of conscience. The civil authorities of every democratic country are duty bound to guarantee the effective freedom of all believers and to permit them to organize freely the life of their religious communities.

Florida County Permits New 10 Commandments Monument At Courthouse

Yesterday's Gainesville, Florida Sun reports that Dixie County, Florida commissioners have set up another potential high profile Ten Commandments challenge. Last January, after then-county attorney Joey Lander agreed to defend any lawsuits over the decision without charge, the County Commission approved a request by citizens to permit them to place a Ten Commandments monument at the county courthouse. The proponents agreed that the full cost of the monument would come from private funds. This weekend, the monument appeared on the courthouse steps-- a 6-ton, $12,000, block of black granite inscribed with the Commandments and with the verse "Love God and keep his commandments". Joey Lander says that even though he is no longer county attorney, his offer to defend the county still stands. [Thanks to How Appealing for the lead.]

British Airways Will Revise Dress Policy Under Government and Church Pressure

Over the weekend, it appears that British Airways gave in and agreed to re-examine its policy on employee uniforms that requires jewelry to be worn out of sight. A storm of criticism has been directed at the airline after it applied its policy to prevent check-in worker Nadia Eweida from openly wearing a small cross around her neck. (See prior posting.) British Airways Chairman Martin Broughton had attempted to get the support of Prime Minister Tony Blair, arguing that the police, the Army and other Government uniformed staff have an identical policy. However Blair urged Broughton to "do the sensible thing" and stop fighting the case. Blair told him, "One of the things I learnt in politics is that there are some battles really, really worth fighting, and there are battles really, really not worth fighting." (The Universe, Nov. 29).

The Daily Mail reported on Saturday that Cabinet members, members of Parliament, bishops of the Church of England, and the Archbishop of Cantebury all criticized the airline's stance. Some MP's had begun to boycott the airline's flights. The Archbishop of Cantebury even threatened to sell off the large block of stock in British Airways held by the Church of England's financial arm. Airline chief Willie Walsh finally agreed that BA will examine how its rules can be adapted "to allow symbols of faith to be worn openly".

Texas Diocese Records On Abusive Priests Unsealed

Yesterday a Dallas federal judge unsealed 700 pages of documents that show how the Fort Worth Catholic Diocese kept seven priests charged with sexual abuse in the ministry. Many of the instances of abuse date back to the 1970's and 1980's. Yesterday's Dallas Morning News reports that the release comes after a request last year by two Texas newspapers for the documents. The diocese and other priests had argued that the release would chill the free exercise of religion and invade the privacy of the priests, most of whom are now not in the ministry. However after redacting names of accusers and lay people who served on church review boards, as well as health and financial information about the priests, the documents have been made publicly available. Today's Dallas Morning News has published a summary of the information in them.

In D.C. Circuit, Navy Chaplain Loses Constructive Discharge Suit

Today in Veitch v. England, (DC Cir., Nov. 28,. 2006), the U.S. Court of Appeals for the D.C. circuit rejected a claim by a fundamentalist Protestant Navy chaplain that he had been constructively discharged in violation of his First Amendment rights. Philip Veitch claimed that he was being required to endorse "pluralism" in his religious practices, and that this violated his religious beliefs. The majority, however, held that Veitch lacked standing to raise this issue because his resignation from the Chaplain Corps was voluntary. In addition, it found that the Navy did not act unreasonably in refusing to permit Veitch to withdraw his resignation. Judge Rogers' concurring opinion said that because Veitch's resignation was voluntary, there was no need to discuss, as the majority did, whether Veitch met the burden of showing that he was constructively discharged. [Thanks to How Appealing for the lead.]

Cert. Denied In Maine School Voucher Case

The United States Supreme Court yesterday denied certiorari in Anderson v. Town of Durham, (No. 06-132), a case from Maine's Supreme Judicial Court upholding the state's school voucher system that excludes private religious parochial schools. (See prior posting.) Maine Today reports on the case that involves the state's funding for students from 145 small towns without high schools to attend a public high school or any non-religious private high school elsewhere.

"In God We Trust" Moved From Face To Edge Of New $1 Coins

WorldNet Daily reported yesterday that the new presidential dollar coins to be released next month will no longer have the motto "In God We Trust" on the face of the coin. Instead the motto will be moved to the thin edge of the new gold-colored dollars, as will the minting date and the motto "E Pluribus Unum". (Artist's rendering of the coin.) The U.S. Mint says the change will permit larger portraits of the presidents on the face of the coins. Some conservatives have found more sinister motives. Judicial Watch's blog, Corruption Chronicles, headlined its posting on this "US Mint Appeases Atheists".

The new dollar coin series will be issued over several years. Each three months, a gold-tinted dollar portraying a different president will be issued. The reverse side of each coin portrays the Statute of Liberty, replacing the word "Liberty" now on all coins. [Thanks to Ed Brayton at Dispatches from the Culture Wars for the information.]

Las Cruces Case Tried Yesterday

Yesterday in federal district court in New Mexico, the remaining Establishment Clause claims challenging the use of three crosses as a symbol in Las Cruces, New Mexico was tried. The claims involved the use by the public schools of three crosses as a logo on maintenance vehicles and in a mural at an elementary school. (See prior posting.) Plaintiff Paul Weinbaum, a retired teacher represented himself at the trial, according to today's Las Cruces Sun-News. At trial, Weinbaum introduced little in the way of factual evidence, other than his own opinion, to support his claim that the schools were attempting to promote religion by using the logo, or that those who created the mural were attempting to proselytize.

Charter School's Renting of Space From Religious Groups Questioned

Denver's Rocky Mountain News today reports that state funds used by the Hope Online Learning Academy Coop to rent space from churches across Colorado appears, in some cases, to be significantly supporting a church's existence. Hope is an online charter school targeting at-risk children. It operates 81 learning centers across Colorado. Half of its centers have some religious affiliation. Each learning center receives over $3500 per student from Hope to cover rent, as well as employment of a director and of mentors who are essentially classroom aides. Hope policies say that state funds given to learning centers cannot be used for religious purposes, but at one private Christian school the rent received from Hope is almost twice the school's annual mortgage payments. At several other religious schools that run Hope centers, twice as much is spent on overhead as on instruction. The article also raises questions about the supervision of Hope by the small school board that chartered it.

"Observant Jews" Sue Over Pork Casings On Beef Hot Dogs

The Wall Street Journal Law Blog reported yesterday on a law suit filed against Vienna Beef by several "observant Jews". The class action, Gershengorin v. Vienna Beef, Ltd., (Cook Co. IL Cir. Ct., Nov. 20, 2006) (full text of complaint) alleges that Vienna's "all-beef" hot dogs with natural casings use pork intestine casings without disclosing that fact in any of its retail advertising or labeling. The information appears only on wholesale box labeling. The suit, seeking damages and injunctive relief, alleges breach of warranty, non-conformity of goods to contract terms, consumer fraud and common law fraud. Vienna publicizes that its hot dogs are not kosher; however many Jews who do not strictly observe kosher food rules nevertheless avoid eating pork products. Plaintiffs' lawyer Lance Raphael, said: "The case isn't about Jews suing Vienna beef. The case is about Vienna beef not telling consumers that their all-beef hot dog contains pork, whether they're Jews, Muslims, or Samuel L. Jackson." [Thanks to Steven H. Sholk for the lead.]

Nativity Film Promo Dropped From Chicago's Christkindlmarket

One of the special events scheduled between Thanksgiving and Christmas in Chicago's downtown Daley Plaza is Christkindlmarket, organized by the German American Chamber of Commerce. One of the sponsors was to have been New Line Cinema, but according to the Associated Press yesterday, New Line has been dropped. It had planned to run a preview promoting its new film, "The Nativity Story", on television sets at the event. However, the Mayor's Office of Special Events urged the organizers to drop the film promotion, saying that it would be contrary to suggested advertising standards for events held on Daley Plaza, and would be insensitive to the many people of different faiths who come to enjoy Christkindlmarket for its food and unique gifts.

Intelligent Design Trial Headed For the Big Screen

The York (PA) Daily Record reports today that Paramount Pictures is planning to produce a movie on last year's Dover, Pennsylvania intelligent design trial. The studio has hired Ron Nyswaner to write the screenplay. He is using trial transcripts, interviews and news coverage as background for his work.

Anti-Semitic Incident Following Paris Soccer Match Leads To Fatal Shooting

French government officials are reacting to an ugly anti-Semitic incident that followed a soccer game last Thursday in which an Israeli team, Hapoel Tel Aviv, defeated a French team, Paris Saint-Germain. Yesterday's Jerusalem Post reports that overt racial incidents have become common at PSG's Parc des Princes Stadium. Four young people from the Paris Jewish community had gone to the game to support the Israeli team. Afterwards, outside the stadium, they were cornered by a mob of some 100 right wing fans of the French team who were shouting "filthy Jew", making Nazi salutes and shouting "Le Pen president". Jean-Marie LePen is the head of the right-wing National Front party. A French policeman, a native of the Caribbean, came to the assistance of one of the Jewish youngsters, Yaniv Hazout, who was being chased. The mob yelled at him, "filthy black, we're going to get you". The policeman used tear gas and later fired into the crowd to protect himself and Hazout. His bullet hit two of the attackers, killing one of them.

The AP reported Sunday that Antoine Granomort, the plainclothes officer who fired the shot, had been released from custody after an investigation. Paris prosecutor Jean-Claude Marin said that Granomort did not fire his gun until after he had been pushed to the ground, lost his glasses, and saw his assailants jumping on top of him. French Interior Minister Nicolas Sarkozy said on Sunday that he would eradicate violence and racism from the PGS soccer stadium, even if it meant having empty stands. (Today's Australian.)

Michigan Cities Eliminate Religious Holiday Displays

The Detroit Free Press this morning reports that two Michigan cities are modifying their traditional holiday displays. Southfield is removing a Menorah that has been part of its display for the last three years. A member of St. Michael's Catholic Church learned that the city had purchased the Menorah in 2000, and requested the city to likewise buy a creche to include in the display. City attorney Jack Beras said that it was inappropriate for the city to own either religious symbol. The city will try to find a buyer for the Menorah. Meanwhile, this year's display will include only secular symbols-- toy soldiers, a sleigh, a snowman, a lantern, grazing deer, a Christmas tree and a dreidel.

And in Berkley, Michigan, the city transferred the creche it has displayed for 20 years to to the Berkley Clergy Association. That group will lend the nativity scene to churches that want to display it. Last year, after an ACLU challenge, the city added secular symbols to its display of the creche and a Star of David, but city council did not like that as a permanent solution. (See prior posting.)

Sectarian Invocations By North Carolina Local Governments Questioned

Governmental bodies in Winston-Salem and Forsyth County, North Carolina, continue to open their meetings with sectarian Christian prayers. Today's Winston-Salem Journal reports that the ACLU of North Carolina has written the city and county governments objecting to the invocations that often refer specifically to Jesus Christ. In a memo to city council, Winston-Salem city attorney Ron Seeber says that the ACLU is correct in asserting that council may not open its meetings with a sectarian prayer. It may use a moment of silence or a prayer that does not refer to a particular diety. Forsyth County Attorney Davida Martin agreed. However, Gloria Whisenhunt, the chairwoman of the Forsyth County board of commissioners said: "I don't see us banning prayer, and I don't see us asking ministers to change the way they pray. I don't think we're bothering anyone, quite frankly."

Report on Antisemitism in Australia

A Report on Antisemitism in Australia from Oct. 2005 to Sept. 2006 (full text) has been presented to the annual conference of the Executive Council of Australian Jewry. It says that 440 incidents were recorded during the year. Statements in fringe publications and from extremist organizations remain a serious concern; however anti-Jewish language was sometimes also part of mainstream discussion of public issues. On the positive side, during the year a number of speeches in Australian parliaments condemned antisemitism, and the ECAJ successfully challenged an article in the One Nation political party’s newspaper as being in breach of the Federal Racial Hatred Act. An apology was ordered.

Recent Articles and Books-- Religion & State In U.S. and Abroad

Articles: (from SmartCILP):

• Robert John Araujo, S.J., The Transnational Perspective of the Church: The Embryonic Cloning Debate and Stem Cell Research, 22 Journal of Contemporary Health Law & Policy 497-507 (2006).
  
• Jonathan F. Wills, My God My Choice: The Mature Minor Doctrine and Adolescent Refusal of Life-Saving or Sustaining Medical Treatment Based Upon Religious Beliefs, 22 Journal of Contemporary Health Law & Policy 233-300 (2006).

Recent Books on Church-State Issues in the U.S.:

• Tracy Fessenden, Culture and Redemption: Religion, the Secular, and American Literature, (Princeton University Press, Nov. 2006).
  
• Christopher L. Eisgruber & Lawrence G. Sager, Religious Freedom and the Constitution, (Harvard University Press, Jan. 2007).

Recent Books on Religion and State In Europe and Asia:

• John T. Sidel, Riots, Pogroms, Jihad: Religious Violence in Indonesia, (Cornell University Press, Dec. 2006).
  
• Paul A. Hanebrink, In Defense of Christian Hungary: Religion, Nationalism, and Antisemitism, 1890–1944, (Cornell University Press, Aug. 2006).
  
• Genevieve Zubrzycki, The Crosses of Auschwitz: Nationalism and Religion in Post-Communist Poland, (University of Chicago Press, Fall 2006).
  
• Mujiburrahman, Feeling Threatened: Muslim-Christian Relations in Indonesia’s New Order, (Amsterdam University Press, 2006).

Countries Object To U.S. Listing Them As Religious Freedom Violators

Uzbekistan's Ministry of Foreign Affairs last week issued a statement (full text) objecting to the country's inclusion on the U.S. State Department's list of countries of particular concern-- the most egregious violators of religious liberty. (See prior posting.) Charging that the U.S. takes a one-sided approach and uses a double standard, the statement says: "Religious toleration and forbearance have always been and remain to be the most important component of the state policy of the Republic of Uzbekistan. " It concludes that the State Department's action constitutes "interference into internal affairs of sovereign Uzbekistan". MosNews covers the story. Also last week, a spokesman for China's foreign ministry registered similar objections to his country's inclusion on this year's list. (Times of India).

Scottsdale Churches Oppose New Zoning Proposals

In Scottsdale, Arizona, a coalition of churches is opposing the most recent proposals by the city to restrict the location of new churches and religious schools. Yesterday's East Valley Tribune reported that the city is proposing that new schools in residential areas be at least a quarter-mile apart, and that "large assemblies" such as churches and religious schools be required to obtain a permit to operate in residential areas. The general proposals were a response to a suit filed by SonRise Community Church that was denied a permit to build a church and private school on a 9-acre site it owned. Church leaders say that the city's proposals would prohibit a church from founding an on-premise school if another school was close by. They also fear that the permit requirement will let the city regulate when services can be held and how large churches can grow. Scottsdale leaders are now drafting a white paper to try to come up with a compromise. They plan to release the compromise proposals next Friday. (See prior related posting.)

Episcopal Church Has Task Force On Property Disputes

The Episcopal Church is sufficiently concerned over defections by traditionalists who object to church policies such as the 2003 ordination of an openly gay bishop that it has formed a special task force to monitor dioceses that it considers a problem. The Associated Press reports that the House of Bishops Task Force on Property Disputes is remaining in contact with Episcopalians who want to remain loyal to the Episcopal Church in at least six dioceses that have distanced themselves from policies of the national body. The goal is to be ready for legal battles that may ensue.

Poll Finds No Difference In Religiosity In Muslim Radicals and Moderates

This month's Foreign Policy carries an article titled What Makes a Muslim Radical?. It reports on a Gallup World Poll of more than 9,000 interviews in nine Muslim countries. The poll shows that Muslim radicals have more in common with Muslim moderates than previously thought. It finds that there is no significant difference in religiosity, or attendance at religious services, between moderates and radicals. The main difference between the two groups seems to be that radicals are more likely to feel that the West threatens and attempts to control their way of life, while moderates want to build economic ties with the West.

Movement To Legalize Polygamy In US

The Providence (RI) Journal yesterday carried an article on the movement in the United States to legalize polygamy. A sign of their progress is the fact that Utah's attorney general, Mark Shurtleff, no longer prosecutes bigamy between consenting adults. He has promoted meetings between Utah law enforcement officials and representatives of polygamous groups. Shurtleff does go after members of polygamous groups that violate other laws such as rape laws and laws prohibiting sexualcontactst with minors.

British Muslim Teacher Who Insisted On Veil Is Dismissed

Aishah Azmi, the teaching assistant in a British school who brought high profile litigation last month in her attempt to veil her face while teaching children (see prior posting), has now been dismissed from her position. After claiming that her religious beliefs meant she had to wear a niqab in the presence of male colleagues, including when working with pupils, she was suspended without pay by Headfield Church of England School, in Dewsbury, West Yorks. School officials claimed that the veil interfered with her ability to communicate with students. (See prior posting.) An employment tribunal rejected her claim of discrimination, but awarded her damages for injury to her feelings. Her one-year fixed term contract was renewed in August, even though she had been suspended for the past six months. But now, after a disciplinary hearing before education officials, she has been terminated, according to yesterday's Telegraph. Her lawyers are waiting for a written decision before they decide whether to appeal.

25th Anniversary Of UN Declaration On Religious Freedom

Today is the 25th anniversary of the adoption by the United Nations of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Marking the day, the United States Commission on International Religious Freedom called on countries around the world to review their policies in order to promote religious freedom and support the work of the United Nations and other international bodies in this area.

Sect Leaders Convicted For Resisting Restaurant Inspection

In Costa Mesa, California, three members of a small born-again Christian religious sect were convicted this week on multiple misdemeanor counts for refusing to let health inspectors into their tea room to carry out a normally-routine restaurant inspection. The Associated Press today reports that the Piecemakers have resisted health inspectors since the early 1990's, arguing that the law of God takes precedence over the law of man. Inspectors say the Piecemakers are selling unpackaged foods, such as homemade sandwiches and soup, without a permit. They were ordered to stop doing so and placed on probation in 2000, but undercover inspectors found continuing violations. Last October, inspectors arrived with a court order and faced a loud confrontation. 85-year old Marie Kolasinski and two others were arrested after they wrestled with inspectors and let loose with a barrage of profanity. Defendants each face up to a year in jail.

Indiana Released-Time Suit Nears Settlement

A settlement appears to have been reached in a law suit filed last month by the ACLU of Indiana against the Mooresville, Indiana school system challenging the Weekday Religious Education Program offered to Neil Armstrong Elementary School students. (See prior posting.) The Indy Star today reports that the primary concern of the parents challenging the released-time program has been met by moving the voluntary weekly classes from a trailer on school property to a church across the street.

Yemeni Editor Sentenced For Publishing Mohammed Cartoons

A court in Yemen today found newspaper editor Kamal al-Olufi guilty of "publishing blasphemous drawings offending the Prophet Mohammed and Islamic religion." The controversial cartoons were first run in a Danish newspaper last year. M&C News reports that al-Olufi was sentenced to one year in prison, and a six-month ban was imposed on his newspaper for violations of Yemen's Press and Publications Law.

Marine Now In Iraq Sues As Conscientious Objector

A Philadelphia Inquirer story from yesterday reports that a habeas corpus action has been filed in federal court in Washington, D.C. on behalf of Marine Lance Corporal John Rogowskyj, Jr. The Pennsylvania man is seeking to be discharged as a conscientious objector. The 22-year old Marine who joined the National Guard in 2002, says he is a religious humanist who does not belong to any organized religion. His CO claim was rejected by a C.O. Status Screening Board in August. The Board said it believed that his claim was merely a means to avoid deployment to Iraq. He was deployed to Iraq on Nov. 2 in a non-combat assignment—serving on an armed patrol boat protecting hydroelectric plants along the Tigris and Euphrates Rivers and Lake Qadisiyah.

Turkey In Uncertain Times On Relation of Islam To State as Pope's Visit Nears

Pope Benedict XVI will visit Turkey next week. The Los Angeles Times reports that many Muslims in the country remain angry over the Pope’s speech in Regensburg, Germany last September that was seen by many as unfairly critical of Islam. (See prior posting.) Turkey’s Prime Minister Recep Tayyip Erdogan, who will be away at a NATO summit during part of the Pope’s visit, will not be meeting with the Pope. The Pope’s planned visit to Istanbul's St. Sophia, built in the 6th century as a Byzantine church and converted into a mosque 900 years later, has also created controversy as an Islamic newspaper charged that the Pope was planning to bless the former church in an attempt to "revive Byzantium". Actually, the main purpose of the Pope’s trip is to bridge the split between the Vatican and the world’s Orthodox Christians led by Ecumenical Patriarch Bartholomew I in Istanbul. (Houston Chronicle).

This week, Turkey’s leading think tank, the Turkish Economic and Social Studies Foundation, released a poll suggesting that political Islam is not taking hold in the country. It shows that while religion is flourishing in Turkey, it is undergoing modernization and liberalization. (Turkish Weekly.)

Meanwhile, in what is seen as a precedent-setting decision, a Turkish court this week ruled that a student who was a member of Turkey’s Alevi community was exempt from mandatory religion courses taught in Turkish schools. The case was brought by Ali Kenanoglu, Deputy Chairman of the Alevi-Bektashi Foundation, in order to get the exemption for his son. Turkey’s Religious Affairs Directorate has insisted that Alevis are not members of a separate religious faith. In a separate case, an appeal is pending before the European Court of Human Rights by an Alevi challenging mandatory religion classes in Turkish schools. (Reports from Sabah and from the Turkish Daily News.)

UPDATE: Zenit on Sunday carried an interesting interview with Raphaela M.T. Schmid, the Rome director of the Becket Institute for Religious Liberty on The State of Religious Liberty in Turkey. She says: "Christian churches want more religious freedom but they too are aware that the secularism of the Turkish state may also be a bulwark against a more radical form of Islam."

Religious Bias Claim Growing Out Of Child Neglect Proceeding Moves Ahead

In Starkey v. Boulder County Social Services, 2006 U.S. Dist. LEXIS 84768 (D CO, Nov. 21, 2006), a Colorado federal district court permitted a husband and wife and their children to move forward with their claim against state social workers. Plaintiffs alleged that the defendants during the course of a Colorado state court dependency and neglect proceeding took action to deprive plaintiff parents of custody and visitation rights, motivated by disapproval of their fundamentalist Christian beliefs. The court dismissed claims against the social service agency itself on 11th Amendment grounds, but permitted claims against individual defendants to proceed over their claim of qualified immunity.

Hong Kong Court Upholds Regulation Of Religious Schools Getting State Aid

The High Court of Hong Kong yesterday decided Catholic Diocese of Hong Kong v. Secretary for Justice, (HCAL 157/2005, Nov. 23, 2006), upholding a 2004 law on the governance of religious schools receiving state aid in Hong Kong. Hong Kong's Basic Law protects the right of religious organizations to continue to run seminaries and other schools "according to their previous practice". The Catholic Diocese c