Scottish Appeals Court Says Government Did Not Adequately Consider Refugees' Claim of Conversion To Christianity

In TF and MA v. Secretary of State for the Home Department, (Scot. Ct. Sess., Aug. 30, 2018), Scotland's Inner House, Court of Session, held that the Secretary of State and appellate tribunals had failed to adequately consider certain evidence that Iranian asylum seekers had genuinely converted to Christianity after leaving Iran. All the parties agreed that individuals who converted from Islam to Christianity face a risk of persecution of forced to return to Iran. At issue however was:

the status of evidence from church leaders (or others holding positions of responsibility within a church) about the conduct of a person who has begun the process of admission into the church and as to the sincerity of his conversion to Christianity; as to the weight to be given to such evidence; and whether the usefulness of such evidence as a guide to the genuineness of the sur place conversion is undermined by findings that, in relation to other matters, the appellant, the applicant for asylum, has given evidence which is untrue or unreliable and/or may be said to undermine his basic credibility.

Law & Religion UK has more on the decision.

Pakistan Court Orders Public Release of Report On Temporary Election Law Amendments That Favored Ahmadis

In Pakistan last year, a change in the election law that apparently would have permitted members of the Ahmadi sect to run for political office created major controversy until the legislature restored the oath that precludes anyone who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad from being a candidate. (See prior posting.)  A 3-person committee headed by headed by Pakistan Muslim League-Nawaz chairman Raja Zafarul Haq was appointed to determine who was responsible for the pro-Ahmadi legislative change. The report was submitted by the government to the Islamabad High Court, but was not released publicly. As reported by Geo News, yesterday the Islamabad High Court, in a 172-page opinion, ordered the report made public. Pakistan Today reports more extensively on the High Court's opinion which concluded that every citizen has the right to know the religion of persons holding key governmental posts. The Court expressed concern that Ahmadis can disguise their beliefs to gain access to political posts reserved for Muslims.

Suit Over School's Curriculum on Islam Survives Motion To Dismiss On Pleadings

Hilsenrath v. School District of the Chathams, (D NJ, June 13, 2018), involves a disagreement between a school board and a parent over whether the curriculum in the middle school World Cultures and Geography course unconstitutionally promotes or endorses Islam. According to the court:

plaintiff alleges, C.H. has been exposed to two videos and a worksheet that contain materials that members of the Islamic faith use to express religious beliefs or proselytize others.’ The Complaint begins with a quotation from those materials: “May God help us all find the true faith, Islam. Ameen.” This is captioned as the Chatham school authorities’ “call for the conversion of 7th grade students.” Such materials, the Complaint alleges, have a primary purpose of promoting and advancing the Islamic religion. The Complaint also alleges that the curriculum gives insufficient attention to the Christian and Jewish religions.

The school board responded that:

The videos on Islam ... occupied a small part of the school year. They were part of a curriculum that covered many cultures and religions and would have been understood in that context.

The court refused to dismiss the complaint at the pleading stage, concluding:

However valid, or not, the defendants’ arguments may turn out to be, they furnish no basis for dismissal of the complaint. The information about the totality of the curriculum, for example, does not appear on the face of the complaint. And the sensitive balancing required by Lemon cannot be performed on the basis of mere allegations. Such considerations are simply premature.

Austria Closes 7 Mosques, Targets Up To 60 Foreign-Funded Imams

CNN  and the New York Times report that yesterday Austria's Chancellor Sebastian Kurz for the first time invoked the country's 2015 Islam Law (full text) (summary) to close seven mosques and expel up to 60 imams. The law aims at barring radical Islam and prohibits foreign funding of Islamic communities.  The Arab Cultural and Religious Community, and six mosques it operates, were ordered closed on suspicion of promoting radical Islam.  A seventh mosque operated by a far right-wing group known as the Gray Wolves was also ordered closed.  The influx of refugees from Syria since 2015 has increased the Muslim population, and Turkish-trained imams, who continue to receive funding from Turkey, now work in Austria. They are the imams being targeted.

No Spousal Privilege When Only Religious Marriage Was Entered

In Springfield, Massachusetts, a state trial court judge has ruled that the ex-wife of Ayyub Abdul-Alim may testify against him in his trial on firearms charges.  As reported by MassLive, the judge held inapplicable here the normal rule that bars a witness from testifying to private conversations with her spouse that occurred during their marriage. The parties were married in an Islamic religious ceremony, but never obtained a state-issued marriage certificate.  The court said:

While the court acknowledges that a marriage between the defendant and Ms. Stewart took place in the religious sense, there is no evidence that this marriage was sanctioned by the state through the fulfillment of the legal requirements.

European Court Says Bektashi Community Should Have Been Recognized

In Bektashi Community v. The former Yugoslav Republic of Macedonia, (ECHR, April 12, 2018), the European Court of Human Rights, in a Chamber Judgment, held that the Bektashi Community had wrongfully been denied registration as an officially recognized religious organization under Macedonia's 2007 Legal Status of Churches, Religious Communities and Religious Groups Act.  The Court held in part:

[T]he ground for refusing re-registration of the applicant association was purely formal, notably that it had not been registered by the Commission as a religious entity prior to 1998, but only listed in 2000. The Government omitted to indicate any legitimate aim which this formal restriction may have pursued....

After the registration court refused to re-register the applicant association under section 35 of the 2007 Act, the applicant association launched new proceedings for its registration under the name "Bektashi Religious Community of the Republic of Macedonia"....

The Court also rejected a name-confusion argument, finding that the name is "sufficiently specific to distinguish it from the 'Ehlibeyt Bektashi Religious Group of Macedonia'".  The Court went on:

The other ground relied on by the domestic courts concerned the doctrinal sources of the applicant association, which they found to be identical to the doctrinal sources of the already registered "Islamic Religious Community". That conclusion was made on the basis of an assessment by the domestic courts of the applicant association's fundamental precepts and their comparison with the precepts of the "Islamic Religious Community" .... In the Court's view, such an assessment and interpretation of the applicant association's basic tenets of creed was incompatible with the State's role as a neutral and impartial organiser of the exercise of various religions, faiths and beliefs, which excludes, save for very exceptional cases, any discretion on the part of the State to assess the legitimacy of religious beliefs or the ways in which those beliefs are expressed....

 Law & Religion UK has more on the decision.

Challenge To Teaching Islam In History Curriculum Is Rejected

In Wood v. Arnold, (D MD, March 26, 2018), a Maryland federal district court dismissed a lawsuit by a high school graduate and her father complaining (1) that the school violated the Establishment Clause by teaching Islam in its World History course; (2) violated the student's free speech rights by requiring her to "confess" the Shahada; and (3) engaged in retaliation and suppression of speech in banning the student's father from school grounds after he expressed opposition to the school's curriculum. Summarizing its holding, the court said:

the First Amendment does not afford the right to build impenetrable silos, completely separating adherents of one religion from ever learning of beliefs contrary to their own, Nor, in this Court's view, does it prohibit a high school teacher from leading a purely academic study of a religion that may differ from the religious beliefs of some of his students.

Plaintiffs' Establishment Clause argument centered on a statement made by the World History teacher that "most Muslims faith is stronger than the average Christian". The court rejected plaintiffs'argument that the statement should be taken in isolation from the remainder of the curriculum, but concluded that even taken alone the statement, in the context it was made, did not violate the Establishment Clause.

Rejecting plaintiffs' compelled speech argument, the court held that requiring students to fill in the blanks in a quiz on the Shahda was merely aimed at fostering an understanding of the significance of the statements to Muslims.

Finally the court rejected the father's complaint about his exclusion from school grounds, finding that the father's statements on Facebook suggested that he was planning to cause disruption at the school.

Suit Claims University Employee Dismissed Because of Anti-Muslim Discrimination

A former employee of Youngstown State University's Center for Student Progress filed suit this week claiming that his termination stemmed from discriminatory treatment against him because he is a Muslim.  The complaint (full text) in Jadun v. Youngstown Sate University, (ND OH, filed 1/23/2018) claims that the employee's dismissal violated Title VII of the 1964 Civil Rights Act as well as Ohio anti-discrimination law (ORC 4112.02). WFMJ News reports on the lawsuit.

School District Sued Over Middle East Geography Curriculum

The parent of a New Jersey middle school student filed suit this week against The Chathams school district claiming that the Middle East and North Africa unit of the 7th-grade Geography class violates the Establishment Clause by promoting Islam.  The complaint (full text) in Hilsenrath v. School District of the Chathams, (D NJ, filed 1/23/2018), alleges that an Intro to Islam Video on the Google Classroom assigned to the geography class was a "nearly five-minute long video [which] seeks to convert viewers to Islam and is filled with the religious teachings of Islam presented, not as beliefs, but as facts."  It also contends that an assigned animated presentation on the 5 Pillars of Islam seeks to convert students to Islam.  Thomas More Law Center issued a press release announcing the filing of the lawsuit.

Saudi Decree Will Allow Women To Obtain Divers Licenses

Saudi Arabia's King Salman yesterday issued a Royal Decree (full text) which for the first time allows the issuance of drivers licenses to women.  As reported by Reuters, Saudi Arabia has been the only country that bars women from driving.  The new rules will be implemented by June 2018 after a high-level committee of ministries recommends how to implement the changes. The decree reads in part:

We also refer to what the majority of the Council of Senior Scholars agreed on, which is that the original Islamic ruling in regards to women driving is to allow it, and that those who have opposed it have done so based on excuses that are baseless and have no predominance of thought. The scholars see no reason not to allow women to drive as long as there are legal and regulatory guarantees to avoid the pretexts (that those against women driving had in mind), even if they are unlikely to happen.

And because the country - with the help of God - is the guardian of Islamic values, it considers preserving those values one of its priorities, in this matter and in others, and will not hesitate to take any means to ensure the security and safety of its society.

Malaysian Prime Minister Urges Trump To Support Moderate Muslim Regimes

Yesterday President Trump welcomed Malaysian Prime Minister Najib Abdul Razak to the White House.  Both leaders spoke briefly (full text of remarks) in the Cabinet Room before their private meeting. Among other things, Razak urged Trump to support progressive Muslim regimes, saying in part:

Daesh, IS, Al-Qaeda, Abu Sayyaf  ... are the enemy of the United States, they are also the enemy of Malaysia, and we will do our part to make sure that our part of the world is safe.

We will also contribute in terms of the ideological warfare because you need to win the hearts and minds.  And the key to it is to support moderate and progressive Muslim regimes and governments around the world, because that is the true face of Islam; that is the authentic face of Islam.  The more you align with progressive and moderate regimes, the better it would be in terms of winning the hearts and minds of the Muslim world.

President Trump responded: "Right".

Turkey Removes Evolution From High School Curriculum

The New York Times reported yesterday that in Turkey the Education Ministry has decided to eliminate the teaching of evolution to ninth graders, removing the chapter on the topic from ninth grade text books because it is controversial.  A government spokesman said:

Our students don’t have the necessary scientific background and information-based context needed to comprehend [the debate about evolution].

Critics see this as the latest step by President Erdogan's government to move away from the secular character of the state and give more recognition to concerns of religious Muslims.

In Mosque's Factional Dispute, Ohio Court Orders Dissolution and Reincorporation

In State of Ohio ex. rel. DeWine v. Omar Ibn El Khattab Mosque, Inc., (OH App., June 22, 2017), an Ohio appeals court exercising its original jurisdiction in quo warranto actions granted the state attorney general a writ allowing him to pursue the dissolution of the non-profit corporation which operates a Columbus, Ohio mosque. The court further granted the attorney general authority to oversee the creation of a successor entity to take over the mosque.  Two factions had both claimed to represent the mosque, and were involved in five years of litigation over which of the successive boards is the legitimate governing body of the mosque. The court agreed with a magistrate who initially heard the case, saying:

Omar Mosque, Inc. has violated many statutory requirements of [the Ohio Non-Profit Corporation Law] ... in failing to maintain a record of its members from the period of 2007 through 2011... [and] the failure to conduct an annual or special meeting of voting members for the election of directors in either 2009 or 2010.

These basic statutory requirements that Omar Mosque, Inc. violated would protect a corporation from the confusion and internal paralysis that this case has shown resulted when an internal division arose. Without a defined voting membership, regular meetings, and up-to-date membership roster, the authority of the board, and thus the legitimacy of the corporation itself, is no longer supported through recordable action.

The court added:

In light of the stable management provided by the Reash/Brey respondents, and the Khan/Ball board's willingness to efface itself from the day-to-day operation of the mosque, the oversight of the trustees or a receiver in this case may be limited to resolution of the current corporate dysfunction and need not intrude into the religious affairs of the mosque.

Muslim Scholars Are Target of Taliban

A New York Times report (May 28) is titled Taliban Target: Scholars of Islam.  It recounts in part:

The scholars have long been targets, of one kind or another, in Afghanistan. Their words carry weight across many parts of society, and they are assiduously courted for their support — and frequently killed for their criticism.

Hundreds are believed to have been killed over the past 16 years of war, and not always by the Taliban. But there has been a definite uptick in the targeted killing of scholars — widely known as ulema — as the Taliban have intensified their offensives in the past two years, officials say.

It is being taken as a clear reminder of the weight the insurgents give not just to military victories but also to religious influence in their campaign to disrupt the government and seize territory.

Pence In Jakarta Praises Moderate Islam

Vice President Mike Pence's comments at his press conference in Jakarta, Indonesia on Thursday led Haaretz to run an article titled Pence's Visit to Indonesia Another Strike in Internal White House Battle Over Islam.  In his remarks to the press (full text), Pence said in part:

As the second and third largest democracies in the world, our two countries share many common values -- including freedom, the rule of law, human rights, and religious diversity.

 The United States is proud to partner with Indonesia to promote and protect these values, the birthright of all people....

Later today I’m greatly humbled to have the privilege to visit Indonesia’s national mosque, where I’ll have the opportunity to speak with leaders of many faiths.

And, Mr. President, I’m very much looking forward to that visit and that honor.  

 As the largest majority Muslim country, Indonesia’s tradition of moderate Islam, frankly, is an inspiration to the world.  And we commend you and your people. 

In your nation, as in mine, religion unifies -- it doesn’t divide.  It gives us hope for a brighter future, and we are all grateful for the great inspiration that Indonesia provides for the world.

Pakistani Court Bans Public Valentine's Day Celebrations

AP reports that a court in Pakistan's capital of Islamabad has banned all Valentine's Day celebrations in public places or at official levels in the capital city. The court, whose ruling applies only in the capital city, said that the celebrations violate Islamic law.  Pakistan's media regulator instructed all media outlets not to print or broadcast any Valentine's Day promotions.

Trump's Immigration Executive Order Faces 1st Amendment Challenges

As reported by the Washington Post, yesterday President Trump signed an Executive Order (full text) suspending for 90 days immigrant and non-immigrant entry into the U.S. of aliens from seven Muslim-majority countries-- Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia. (It should be noted that the countries to which the Executive Order is applicable is discoverable only by elaborate cross references in Sec. 3(c) of the Order that ultimately lead to this list developed last year by the Department of Homeland Security under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of travelers not eligible to participate in the visa waiver program). The Executive Order does not apply to those entering under various diplomatic visas.

The Executive Order also suspends admission of all refugees for 120 days, and of Syrian refugees for an indefinite period.  It provides that when refugee admissions are resumed:

the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality.

Following up on this provision, Trump told the Christian Broadcasting Network that priority will be given to persecuted Christians in the Middle East, particularly Syria. The Legal Director of the ACLU in a post earlier today argued that the Executive Order's targeting of Muslims and favoring of Christians violates the Establishment Clause. Meanwhile CAIR announced that it will be holding a news conference Monday on a lawsuit that it will file in federal district court in Virginia to "challenge the constitutionality of the order because its apparent purpose and underlying motive is to ban people of the Islamic faith from Muslim-majority countries from entering the United States."

4th Circuit Upholds City Policy Requiring Civil Marriage Certificate To Get Spousal Health Care

In Abdus-Shahid v. Mayor & City Council of Baltimore, (4th Cir., Jan. 4, 2017), the U.S. 4th Circuit Court of Appeals upheld Baltimore's policy of requiring city employees to submit proof of their recorded civil marriage certificate to establish a spouse as eligible for health insurance coverage. Plaintiff, a civil engineer employed by the city's Department of Transportation married his wife in an Islamic religious ceremony. They did not obtain a civil marriage license, claiming that to do so would be contrary to their religious beliefs.  The court rejected plaintiff's 1st Amendment free exercise claim, as well as his state constitutional and Title VII claims.

German Top Court Says Muslim School Girl Must Take Part In Mixed Swim Classes

Germany's Federal Constitutional Court-- the country's highest court-- yesterday ruled that an 11-year old Muslim school girl must take part in mixed gender swim classes. According to The Guardian, the girl's parents objected to her taking part even wearing the full-body burkini, saying it still revealed the shape of her body in violation of Islamic law.  The court concluded that there are no binding rules in Islam to define proper clothing.

British Court Rejects Imam's Defamation Claim Against BBC

In Begg v. British Broadcasting Corp., (EWHC, Oct. 28, 2016), a British trial court dismissed a defamation claim brought against the BBC by the chief imam of a London mosque.  The claimant,  Shakeel Begg, sued over a description of him included in a BBC current affairs television program. The court concluded however that:

the words complained of ... are substantially true in their meanings: (1) The Claimant is an extremist Islamic speaker who espouses extremist Islamic positions. (2) The Claimant had recently promoted and encouraged religious violence by telling Muslims that violence in support of Islam would constitute a man’s greatest deed.

In an interesting portion of its analysis, the court said:

I turn to consider what is properly to be considered “extreme” in the context of Islam and Islamic doctrinal positions. It is necessary to do so in order to determine that the BBC’s plea of justification for the [words complained of] is made out, viz. “The Claimant is an extremist Islamic speaker who espouses extremist Islamic positions”. The various speeches and posts relied upon by the BBC were given by the Claimant on Islamic issues in his capacity as an Imam and directed to predominantly Muslim audiences. The analysis of what is “extreme” and what are “extremist Islamic positions” is, therefore, necessarily to be judged initially through the prism of Islam.

Then the court (beginning in paragraph 118) sets out ten teachings or beliefs that meet the definition of Islamic extremism. Out-Law.com reporting on the decision notes that this is one of the last cases based on laws that preceded the 2013 Defamation Act.  That Act changed the defense of "justification" to the defense of "truth".