Newest Charlie Hebdo Cover Generates Demonstrations-- Some Violent

Voice of America reports that the newest issue of Charlie Hebdo depicting a weeping Muhammad on the cover in  response to the Paris terrorist attacks generated new demonstrations yesterday in much of Muslim Asia, Africa and the Middle East.  The most violent of the demonstrations was in Niger where  four people were killed and demonstrators set fire to a French cultural center and Christian churches, and attacked Christian shops. (Daily Mail reports five were killed.) Violent demonstrations also occurred in Pakistan, while peaceful demonstrations took place in many other countries.  Islamic law prohibits physical representations of the Prophet Muhammad and other prophets as well. (See prior related posting.)

Meanwhile, as reported in Sunday's The Independent, British Prime Minister David Cameron has criticized remarks made made by Pope Francis at a press conference on Thursday (full text of Pope's press conference).  The Pope said that people who make fun of, or make others' religion into toys, provoke and may find that "a punch awaits" them.

Carson To Become First Muslim On House Intelligence Committee

According to Politico, House Minority Leader Nancy Pelosi shortly will name Indiana Rep. André Carson to the House Permanent Select Committee on Intelligence. Carson will be the first Muslim to serve on the Intelligence Committee. He currently serves on the House Armed Services Committee and worked for the Department of Homeland Security’s Fusion Center.

Guantanamo Military Judge Orders End To Use of Female Guards For Objecting Muslim Defendants

AP reports that a military judge at Guantanamo Bay yesterday issued an order that, pending a final decision, authorities should stop using female guards to move 5 defendants held in a top-secret Guantanamo unit back and forth to meetings with their lawyers. Defendants have been refusing to meet with counsel because physical contact with the female guards violates their Muslim religious beliefs.

Ghana's Top Shia Imam Calls For Political Steps

GhanaWeb yesterday published the New Year message from the Shia National Imam of Ghana. The message set out a political agenda, calling for support of Palestinians in Gaza and promoting the battle against Muslim extremists. The Imam made an extensive appeal to fight corruption in Ghana, contending: "Corruption seems to have permeated our society from governments, politicians, religious leaders, government functionaries and top public servants."  While congratulating the government on 2014 Hajj arrangements, he additionally called for reform:

I reiterate and hope that government will harness more capabilities and commit Hajj under the full control of Muslims by setting up a permanent National Hajj Commission to organize Hajj in Ghana as previously promised.

Former Navy Instructor Sues Claiming Anti-Muslim Bias

CAIR has announced the filing last week of a religious discrimination lawsuit against the United States Navy on behalf of a former barracks instructor whose reenlistment was blocked.  The complaint (full text) in Berts v. Mabus, (ED CA, filed 12/23/2014) alleges that the plaintiff Jonathan Berts, an African-American Muslim, was denied his request to wear a beard as a religious accommodation. For four years prior to making has religious accommodation request, Berts had worn a beard under a medical waiver. He alleges that after his religious accommodation request was denied, his commander refused to promote him, subjected him to questions about his beard, to racist and anti-religious jokes, and questioned his loyalty to the United States.  He was removed from his teaching duties and assigned to watch duty in a roach-infested building guarding piles of old office equipment.  Berts claims his treatment burdened his religious exercise in violation of RFRA and the Administrative Procedure Act and seeks a return to active duty along with an accommodation to allow him to grow a beard.

Employment Discrimination Claim Filed By Muslims Against Hertz In Minneapolis

The Minneapolis Star-Tribune reports on an employment discrimination lawsuit filed Tuesday against Hertz Corp. by five Somali-American Muslims and an Ethiopian Muslim, all of whom were fired in 2007 from their jobs cleaning and servicing Hertz vehicles at Minneapolis-St. Paul International Airport after a dispute about overtime. The suit claims that Hertz managers interrupted their prayers, regularly demeaned their religion and imposed arbitrary prayer times and rules on Muslims. The EEOC issued plaintiffs a right-to-sue letter in September after years reviewing complaints.

Court Says Muslim Witness Cannot Take Oath On Quran

Today's Legal Intelligencer reports on a decision by a Pennsylvania trial court judge holding that a Muslim woman could not take her oath as a witness using the Quran. In Musaitef v. Musaitef, (Philadelphia County, PA Common Pleas), the court read 42 PA.C.S. Sec. 5901 strictly to require that the witness either take the oath on the Christian Bible or else make a non-religious affirmation. The case, a custody dispute between a Muslim mother and Muslim father, is still ongoing.  The father, who took his oath on the Bible, raised the objection to the mother using the Quran.  Apparently the mother's insistence on a Quran was intended to suggest that the father's testimony was untruthful because his Islamic faith included the belief that oaths taken on non-Muslim religious books do not bind him to tell the truth.

DOJ Announces Settlement of RLUIPA Zoning Suit On Behalf of Minnesota Mosque

The Minnesota United States Attorney's Office announced yesterday that a settlement agreement in principle has been reached in its RLUIPA lawsuit against the City of St. Anthony Village (MN).  The suit challenges the city's refusal to issue a conditional use permit to the Abu Huraira Islamic Center-- with its largely Somali Muslim membership-- that sought to purchase an existing business center in an area zoned "light industrial," use the basement for worship space and continue to rent the remainder of the building to existing business tenants. (See prior posting.)  The agreement, which must still be approved by the St. Anthony City Council, the Justice Department and the federal district court, calls for the city to create a Planned Use Development that will allow the Islamic Center to use the basement space for worship. The city will also undertake various other initiatives to prevent future religious discrimination.  The Minneapolis Star-Tribune reports in more detail on the settlement terms.

9th Circuit En Banc Hears Arguments In "Innocence of Muslims" Case

The U.S. 9th Circuit Court of Appeals yesterday, sitting en banc, heard arguments in Garcia v. Google Inc.  Ten of the 11 judges on the en banc panel heard the oral arguments live.  It was announced that Judge Berzon was unable to be in the courtroom, but would listen to the video of arguments at a later date. The video of the full oral arguments is available on the 9th Circuit's YouTube channel.  In the case, the 3-judge panel, in a 2-1 decision, held that a preliminary injunction should be granted to require the controversial film "Innocence of Muslims" to be removed from YouTube. The suit was filed by Cindy Lee Garcia who acted in a portion of the film, had received death threats because of it, and claimed that the video posting amounted to a copyright infringement of her performance. (See prior posting.)  All the pleadings and amicus briefs filed with the 9th Circuit are available here. Courthouse News Service reports on yesterday's oral arguments. [Thanks to How Appealing for the lead.]

Mosque Proponents Sue Pennsylvania Township Over Zoning Variance Denial

CAIR-Philadephia announced yesterday that it has filed a federal lawsuit against Bensalem Township, Pennsylvania challenging its refusal to grant a zoning variance to a Muslim congregation, Bensalem Masjid, which seeks to build a mosque on property that it currently leases with an option to purchase. The complaint (full text) in The Bensalem Masjid Inc. v. Bensalem Township, (ED PA, filed 12/8/2014), contends that the Township's zoning ordinances allow houses of worship only in areas zoned Institutional (IN), and that there are no available properties zoned IN that could be used for a mosque. The complaint contends that the Township's zoning ordinances and regulations, and its action refusing a variance, violate RLUIPA, the 1st and 14th Amendments and the state's Religious Freedom Protection Act. Philadelphia Daily News reports on the lawsuit.

False Anti-Muslim Speech Protected By 1st Amendment

In American Freedom Defense Initiative v. Southeastern Pennsylvania Transportation Authority ("SEPTA"), (ED PA, Nov. 25, 2014), a Pennsylvania federal district court granted a motion to exclude expert testimony on the falsity of language in an anti-Islam ad which an advocacy group wants to place on public buses. SEPTA refused to accept the ad under its policy to refuse copy that, among other things, disparages on the basis of religious belief.  AFDI sued claiming this rejection violates its free speech rights.  In the lawsuit, SEPTA sought to offer expert testimony that the ad's referring to Haj Amin al-Husseini as the “leader of the Muslim world” is false and that the statement “the Quar’an teaches Jew-Hatred” is “unfair and erroneous.” The court concluded however that the proposed testimony is irrelevant because the 1st Amendment protects false speech as well as accurate expression. The court also rejected as too attenuated the argument that the ad amounts to a fraudulent charitable solicitation.  The website listed in the ad links to a second website at which charitable contributions can be made. WND's report on the decision includes a photo of the disputed ad.

Israeli Rabbis Debate Jewish Prayer On Temple Mount

Today's Jerusalem Post reports on the halachic (Jewish religious law) dispute between haredi and national religious rabbis in Israel over whether it is permissible for Jews to visit the Temple Mount, now the location of Muslim holy sites.  The issue has taken on new urgency since the attempted assassination last month of Rabbi Yehudah Glick, leader of the Temple Mount Heritage Foundation that promotes the right of Jews to pray on the Mount in preparation for restoring of a third Jewish Temple there. (Background). In recent weeks there have been increased clashes between Arab demonstrators and police in Jerusalem. (Background).

Overview of Malaysian Dispute On Use of "Allah" By Non-Muslims To Refer To God

Today's New York Times carries an interesting overview of the conflict in Malaysia regarding non-Muslims speaking or writing in the Malay language using the word "Allah" to mean "God."  Christians , who make up 10% of Malasia's population, regularly use the term, while the country's Islamic councils say it is reserved for Muslims.

Extremist Hindu Groups In India Using Violence To Prevent Hindu-Muslim Marriages

Today's New York Times carries an opinion piece on right-wing extremist Hindu groups in India that are using violence to stop marriages between Hindu women and Muslim men, saying in part:

right-wing politicians have used the boogeyman of love jihad in states with sizable Muslim populations like Gujarat and Maharashtra to present themselves as the protectors of Hindu virtue and win Hindu votes. Their behavior fit the descriptions of a hate crime, although no charges have ever been filed against them. 

Buddhist Group Presses Burma Parliament To Restrict Interfaith Marriage

According to a report yesterday from The Irrawaddy, in Burma the influential Association for the Protection of Race and Religion (known as  Ma Ba Tha) is organizing demonstrations calling for passage of the Interfaith Marriage Bill that the Buddhist nationalist organization first proposed last year.  Prompted by concerns over Buddhist women marrying Muslim men, the bill would require Buddhist women to obtain permission from their parents and government authorities before marrying a man of another faith.  It would also require the man to convert to Buddhism. The bill is strongly opposed by women's rights and other civil society organizations.

Court Allows NYC Muslim Bus Driver To Move Ahead With Challenge To Headwear Policy

In Muhammad v. New York City Transit Authority, (ED NY, Sept. 30, 2014), a New York federal district court denied the Transit Authority's motion for summary judgment in a suit filed against it by a female Muslim bus driver who was reassigned to a less desirable position after she refused to remove her khimar or cover it with a Transit Authority uniform cap. Originally filed in 2004, the lawsuit alleges violations of Title VII and the First Amendment. The court concluded that a reasonable jury could find that the Transit Authority failed to offer plaintiff a reasonable accommodation of her religious beliefs. It also concluded that plaintiff had presented a prima facie case of disparate impact under Title VII and religious discrimination in violation of the First Amendment. Two years ago, the Transit Authority settled a parallel suit brought against it by the U.S. Department of Justice. (See prior posting.)

Muslims In Europe Concerned About Names Used To Refer To ISIS/ ISIL

The New York Times reported last week that Muslims in France and Britain have been urging their governments to find a name other than "Islamic State" to refer to ISIL. French Muslims say that using "Islamic State" stigmatizes the country's Muslims and gives unwarranted legitimacy to ISIL. French Foreign Minister Laurent Fabius announced last month that his government would refer to the terrorist group as "Daesh", an acronym for the group's Arabic name "Al-Dawla al-Islamiya fi al-Iraq wa al-Sham." Some experts warn, however, that Daesh creates negative reactions because it sounds like the Arabic word "daes" that means to trample or crush. American Muslim groups generally agree that any name that does not actually use the workd "Islamic" is acceptable, so that they generally do not object to "ISIS".

Suit Filed In US Court Against Indian Primie Minister Over 2002 Anti-Muslim Riots

Reuters reports on a lawsuit filed last Thursday in the Southern District of New York federal district court against Indian Prime Minister Narenda Modi over his alleged lack of action as Chief Minister of Gujarat during anti-Muslim rioting in 2002. Modi is a member of the Hindu nationalist BJP Party.  The person behind the lawsuit is 70-year old Joseph Whittington, a member of the Harvey, Illinois City Council. Whittington, who is African-American, says some of his constituents or their families were victims of the Gujarat riots, which reminded him of the U.S. civil rights movement. Whittington worked with a group of New York lawyers to found a non-profit, American Justice Center, which filed the suit against Modi. AP reports that American Justice Center is offering a $10,000 reward to anyone who can serve process on Modi while he is in the United States for a visit. Normally sitting heads of state enjoy immunity from lawsuits in American courts and cannot be served.

American Muslims Seek U.S. Protection During Hajj

Last week, a coalition of 28 Muslim groups in the United States wrote Securetary of State John Kerry (full text of letter) asking for U.S. action to protect the safety of American Muslims who will travel to Saudi Arabia in October on Hajj.  According to the letter, in the past protection was lacking:

In 2013, a group of American Muslims from Dearborn, Michigan, was attacked during the Hajj by a group of Australian pilgrims because they are Shias, a minority denomination within Islam. The Americans were physically and verbally assaulted—including men being strangled and women threatened with rape—and alleged that though Saudi authorities were present, these authorities did not intervene or take their complaints seriously. Further, the victims allege that Saudi authorities deleted cell phone video recordings of the attack.  The victims sought assistance from the U.S. Embassy, but disturbingly their phone calls were not returned.

RNS reports on the letter.  On Sunday, without mentioning the letter, the State Department posted a Hajj Fact Sheet on its website. The section on Safety mentions problems of fraud and theft, but does not allude to physical attacks. The State Department's website also has a general page on "Help for U.S. Citizen Victims of Crime Overseas."

Groups Ask White House To End Anti-Muslim Training Material In Federal Agencies

Last week, a coalition of 75 religious and civil rights groups sent a letter (full text) to the White House asking it to " to take immediate action to end the use of anti-Muslim training materials and address anti-Muslim conduct exhibited by agencies throughout the federal government."  The Aug. 14 letter to Lisa Monaco, President Obama's advisor on homeland security and counterterrorism, cites especially the findings in a  July 9, 2014 article in The Intercept.