Anniversary of Only Holy Communion On The Moon

Today's Daily Mail reports on a often forgotten anniversary.  On July 20, 1969, Buzz Aldrin aboard the Apollo 11 lunar module, about to follow Neil Armstrong onto the moon's surface, became the first, and only, person to celebrate Holy Communion on the moon. Armstrong's church, Western Presbyterian in Houston, Texas supplied him with the small plastic container of wine and the bread used. Aldrin, an elder in the church, had permission from the church's general assembly to administer communion to himself. Aldrin had wanted to broadcast his acts back to earth, but NASA vetoed the idea after atheist Madalyn Murray O'Hair had sued over astronauts on Apollo 8 reading a quote from Genesis while in orbit.

Recent Articles of Interest

From SSRN:

• Liav Orgad, Liberalism, Allegiance, and Obedience: The Inappropriateness of Loyalty Oaths in a Liberal Democracy, (Canadian Journal of Law and Jurisprudence, 2014, Forthcoming).
• Michael J.T. McMillen, Islamic Capital Markets: Overview and Select Shari`ah Governance Matters, (Inside the Minds: Financial Services Enforcement and Compliance, Forthcoming).
• Michael J.T. McMillen, Islamic Banking: Shari'a Governance, (Oman Client Alert: Curtis, Mallet-Prevost, Colt & Mosle LLP, 2012).
• Christopher C. Lund, Church Autonomy Reconceived: The Logic and Limits of Hosanna-Tabor, (Northwestern University Law Review, Vol. 108, No. 2, 2014 Forthcoming).
• Leslie Green, Should Law Improve Morality?, (Criminal Law and Philosophy, Forthcoming).
• Patrick McKinley Brennan, 'The Pursuit of Happiness' Comes Home to Roost? Same-Sex Union, the Summum Bonum, and Equality, (BYU Journal of Public Law, Vol. 27, Issue 2, 2013).
• Anthony C. Infanti, The Moonscape of Tax Equality: Windsor and Beyond, (Northwestern University Law Review Colloquy, 2013, Forthcoming).

From SmartCILP and elsewhere:

• Thomas E. Rutledge, A Corporation Has No Soul-- The Business Entity Law Response to Challenges to the Contraceptive Mandate of the PPACA, William and Mary Business Law Review, Vol. 5, Issue 1, 2014, Forthcoming.
• W. Wesley Hill, Thou Shalt Opt Out: Reforming the Religious Conscience Exemption from Social Security and the Affordable Care Act Based on State Experience, [Abstract], 43 University of Memphis Law Review 659-710 (2013).
• Nimer Sultany, Against Conceptualism: Islamic Law, Democracy, and Constitutionalism in the Aftermath of the Arab Spring, 31 Boston University International Law Journal 435-463 (2013).

Recent Prisoner Free Exercise Cases

In Manning v. Meinzer, 2013 U.S. Dist. LEXIS 98417 (ED AR, July 15, 2013) an Arkansas federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 98419, June 20, 2013) and dismissed an inmate's claims that he was denied the opportunity to receive full-immersion baptism within a reasonable time after his request.

In Munson v. Gaetz, 2013 U.S. Dist. LEXIS 99468 (SD IL, July 17, 2013), an Illinois federal district court rejected an inmate's claim that a vegetarian diet containing soy substantially burdened his religious practice. The magistrate's report in the case is at 2013 U.S. Dist. LEXIS 99871, Feb. 4, 2013.

In Shatner v. Atchison, 2013 U.S. Dist. LEXIS 100318 (SD IL, July 17, 2013), and Illinois federal district court permitted an inmate to proceed with claims that his free exercise rights were infringed when prison authorities seized his deck of religious tarot cards, religious books, artwork and cassette tapes. However the court dismissed claims that his free exercise rights were infringed by seizure of his typewriter that he used to write religious magazine articles, and his radio.

In Thompson-Jones v. Gossage, 2013 U.S. Dist. LEXIS 100513 (ED WI, July 18, 2013). a Wisconsin federal district court permitted a jail inmate who claims to embrace the Hebrew-Israelite to proceed with his claim that his free exercise and equal protection rights are infringed when authorities required that he prove that he practices the faith in order to receive a kosher diet.

In Draper v. Mascher, 2013 U.S. Dist. LEXIS 100585 (D AZ, July 16, 2013), an Arizona federal district court dismissed, with leave to amend, an inmate's claim that his religious exercise rights were infringed when authorities failed to provide him with Jehovah's Witness materials and denied him a vegetarian diet.

In Dayson v. Caruso, 2013 U.S. Dist. LEXIS 99621 (WD MI, July 17, 2013), a Michigan federal district court dismissed a Native American inmate's complaint regarding restrictions on tobacco, herbs, and other ingredients of smudging, and his complaint that he was deprived of his Native American flute.

In Glenn v. N.H. State Prison Family Connections Center, 2013 U.S. Dist. LEXIS 99777 (D NH, July 17, 2013), a New Hampshire federal district court dismissed complaints by a Muslim inmate that while the state's prison system employs two chaplains who are both Christian, it does not employ an Imam qualified to conduct Jum'ah services but instead relies on Approved Religious Volunteers when they are available.

In Osgood v. Amato, 2013 U.S. Dist. LEXIS 99514 (ND NY, July 17, 2013), a New York federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 99866, June 10, 2013) and dismissed an inmate's complaint that prisoners in involuntary protective custody are prevented from practicing religion.

In Hamilton v. Fischer, 2013 U.S. Dist. LEXIS 100672 (WD NY, July 18, 2013), a New York federal district court held that allegations by an inmate that authorities ripped out his dreadlocks adequately stated a free exercise claim.

In Wright v. Smith, 2013 U.S. Dist. LEXIS 100815 (ED CA, July 18, 2013), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies an inmate's claims for denial of religious meals, denial of access to a rabbi, and lack of Jewish materials in the chapel, but recommended that plaintiff be permitted to proceed on claims for denial of access to his religious prayer items.

In Banks v. Beard, 2013 U.S. Dist. LEXIS 99905 (MD PA, July 17, 2013), a Pennsylvania federal district court, while denying most of the discovery requests by a Muslim inmate in a suit over holiday meals and prayer oils, ordered prison officials to provide plaintiff a breakdown by category of the 42 grievances based on religious issues filed by inmates during a 4-year period.

6th Circuit: County's Invocation Policy Facially Valid; But Continues For Decision On "As Applied" Challenge

In Jones v. Hamilton County Government, Tennessee, (6th Cir., July 19, 2013), the U.S. 6th Circuit Court of Appeals rejected a facial constitutional challenge to the invocation policy of the Hamilton County (TN) Commission.  Shortly after a lawsuit was filed challenging the opening of meetings with prayers that were often Christian, the Commission adopted a new invocation policy inviting religious leaders throughout the county to offer invocations. Focusing on the facial challenge to that policy, the court said:

On its face, the Policy complies with Marsh and does not advance one faith or belief over another. Thus, the district court properly denied to issue a preliminary injunction on this basis.

Turning to an "as applied" challenge to the policy, the court also upheld the district court's denial of a preliminary injunction, noting that only two Commission meetings occurred under the revised Policy prior to the district court's hearing on the matter.  The court said:

Based on two instances in a relatively short period of time, the Court cannot say whether the Commission’s application of its Policy proselytizes or advances Christianity or disparages other beliefs. ... 

However it concluded that the case should proceed in the district court since now almost a year had passed and there would be a sufficient record to decide whether the policy as applied is constitutional. AP reports on the decision.

St. Louis Archbishop Sued By Teenage Girl's Family Over Sexual Contacts By Priest and Alleged Evidence Tampering

AP and the St. Louis Post-Dispatch report on a lawsuit filed recently in state court in Lincoln County, Missouri by parents of a teenage girl who was sexually fondled by a 29-year old priest. The priest, Rev. Xiuhui “Joseph” Jiang, has already been charged criminally with endangering the welfare of a child. (St. Louis Post Dispatch.)  The civil lawsuit  against the Archdiocese of St. Louis and Archbishop Robert Carlson alleges that the Archbishop "knew that Father Jiang was dangerous to children" and "that allowing Father Jiang access to minors as part of his duties as a priest would result in Father Jiang harming minors."  The suit also charges Carlson with attempting to tamper with evidence by asking for the return of a $20,000 check that Jiang had left on the plaintiff family's car in apology for his actions. Reacting to the lawsuit, the Archdiocese issued a statement saying: "These new allegations against the archdiocese and the archbishop are false and will be denied in an answer to the lawsuit filed in court."

District Judge Reluctantly Grants Hobby Lobby Preliminary Injunction In Contraceptive Mandate Challenge

As previously reported, a divided en banc 10th Circuit last month held that Hobby Lobby Stores and Mardel, Inc. had demonstrated a likelihood of success on their claim that the Affordable Care Act contraceptive coverage mandate substantially burdens their free exercise rights. The case was remanded to the district court for findings on the balance of equities and the public interest before issuing a preliminary injunction. Yesterday, as reported by The Oklahoman, Oklahoma federal district court Judge Joe Heaton issued a preliminary injunction to prevent enforcement of the mandate against the two businesses. However, in his ruling from the bench, he indicated his disagreement with the 10th Circuit's reasoning, calling the 10th Circuit's view that corporations have religious exercise rights an “exotic definition of personhood.” and a "political fiction."

British Appeals Court Upholds Asylum Denial; Returning Boy To Be Circumcised and Rasied As Muslim Does Not Violate His Rights

In SS (Malaysia) v. Secretary of State, (EWCA, July 18, 2013), Britain's Court of Appeal, upheld the denial of asylum to a Roman Catholic woman from Malaysia visiting England and to her 6 year old son.  The woman, whose husband (still in Malaysia) had recently converted to Islam, objected to the fact that if she returned her husband would insist their son be raised as a Muslim and circumcised.  The court concluded that returning the mother and her son to Malaysia would not violate their rights under the European Convention on Human Rights. The court said in part:

C himself is only 6 years of age and although he has been baptised a Christian and admitted into the Roman Catholic church, there is no reason to think that he has as yet formed any independent religious faith. He will be able to make his own decisions about religious matters when he grows up..... 

Male circumcision is a widespread religious and cultural practice which has ancient origins....  Although invasive in nature and not commanding universal approval, it is regarded as an acceptable practice among communities of all kinds, provided it is carried out under appropriate conditions.... It is not necessary for the purposes of this appeal to decide whether circumcision may under certain circumstances involve an infringement of the child's rights under article 3 or 8 of the Convention. The tribunal's findings make it clear that in this case C would have the positive emotional support of his father and that he would be conforming to the broad expectations of the culture and society in which he would grow up.

[Thanks to Paul de Mello for the lead.] 

Ohio Board Approves Statehouse Holocaust Memorial Over Church-State Objections To Design

AP reports that in Ohio, the state's Capitol Square Review and Advisory Board yesterday approved a privately-funded $1.8 million Holocaust memorial to be placed on the statehouse grounds.  The winning design by famed architect Daniel Libeskind has become controversial after the Freedom From Religion Foundation in June raised church-state objections to the design which includes a Star of David as a prominent part of the memorial.  FFRF wrote (full text of letter and press release) in part:

FFRF believes with the state of Ohio it is important to memorialize the Holocaust. We also believe that the solemnity and import of the task can be accomplished without permanently placing a religious symbol on government property.

As reported by Tablet Magazine (which carries a photo of the memorial's design), long-time chairman of the Capitol Square advisory board, Richard Finan, has also strongly opposed the monument, even ordering a mock-up of the design made from plastic pipes, barrels and a tarp to be constructed at the last minute to show how it will look.  It appears that Finan's original objections to the monument were its clash with the historical Civil War theme of the statehouse grounds.  He also warned that the state might be sued over the monument.  After the Board approved the monument over his objections yesterday, Finan's church-state concerns seemed to increase. Finan told AP that  "a reasonable memorial, something smaller" would have been all right, "but this is just too much to the Jewish religion." Finan has submitted his resignation as chairman of the Capitol Square Review and Advisory Board effective in October.

Court Dismisses Suit Alleging Dearborn Teachers Were Discriminated Against Because They Were Not Muslim

In Purcell v. Fadlallah, (ED MI, July 17, 2013), a Michigan federal district court dismissed a lawsuit that had been brought by two teachers who claimed they suffered discrimination in the Dearborn, Michigan schools because they were neither Muslim nor Arab.  The court said in part:

This case began with highly alarming allegations of gross misconduct and nearly unimaginable religious intolerance manifested, most shockingly, by the highest-ranking officials in a public school. If it were true that a public school was being transformed into a religiously restricted, unconstitutionally discriminatory environment, and that objecting employees were made to suffer for their opposition to it, such information should have been proved up and substantial penalties imposed upon the responsible parties. With the complaint, the fuse to this explosive case was lit. But it eventually fizzled out in the absence of evidence, or perhaps in the wake of inattention-the court knows not which.....

Suit Claims Sunday Hunting Ban Violates Religious Freedom Rights and Other Constitutional Protections

In Pennsylvania this week, a sportsmen's group known as Hunters United for Sunday Hunting filed a lawsuit in federal district court seeking to void on constitutional grounds Pennsylvania's ban on most Sunday hunting.  The complaint (full text) in Davis v. Pennsylvania Game Commission, (MD PA, filed 7/16/2013) contends, among other things, that the ban has a religious, not a secular basis.  It also contends in general terms that the ban "compels conduct that violates specific tenets of the religious beliefs of some H.U.S.H members" in violation of Pennsylvania's Religious Freedom Protection Act.  The complaint additionally alleges that the ban violates plaintiffs' right to bear arms as well as their equal protection rights under the state and federal constitutions.  Yesterday's Central Pennsylvania Patriot-News reports on the filing of the lawsuit.

Catholic Church Is Opposing California Bill to Create Another Limitations Window For Child Sex Abuse Suits

AP reported yesterday that in California the Catholic Church is actively opposing state Senate Bill 131 which would which would create a one-year window for filing of childhood sexual abuse cases that are currently barred by the state's statute of limitations.  A similar one-year window was enacted in 2003. An Action Alert by the California Catholic Conference urges Californians to contact their State Assembly member to urge a "no" vote on the bill, arguing that: "The change in statute of limitations only applies to private or non-profit employers like the YMCA or the Church.  It does not apply to public schools, other public agencies or even to the perpetrator himself." AP says that the Catholic Conference has spent more than $70,000 so far to oppose the bill. The current statute of limitations has an absolute cutoff of age 26 for bringing child sex abuse claims.

RI Governor Vetoes Bill Authorizing "Choose Life" Plate On Church-State Grounds

As reported by Fox News, on Tuesday Rhode Island Gov. Lincoln Chafee vetoed (full text of veto message) H 5053 (full text) which authorized a "Choose Life" specialty license plate with a portion of the proceeds from its sale gong to Care-Net- Rhode Island. In his veto message, Chaffee said that Care-Net was originally founded by the Christian Action Council and Care-Net's aim is "to share the love and truth of Jesus Christ...." Chaffee continued:

The Framers of the United States and Rhode Island Constitutions constructed strong walls of separation between church and state. This bill compels the state to collect and distribute funds to an organization that advocates a particular religious and political viewpoint. It is my belief that state participation in the transmission of funds to this organization would violate the separation of church and state, one of the fundamental principles upon which our state was founded.

 [Thanks to Blog from the Capital for the lead.]

Israel Approaches Chief Rabbinate Elections Amid Flood of Legal Charges and Personal Bitterness

Haaretz today profiles the 6 candidates running for the position of Ashkenazi Chief Rabbi and the 4 running to become the next Sephardi Chief Rabbi in Israel. Elections are scheduled for July 24. The chief rabbis are elected by a 150-person Special Election Committee that includes municipal rabbis, religious court judges, mayors, council heads, the IDF chief rabbi, and several Knesset members. (Jewish Press.) The two Chief Rabbis make up the Chief Rabbinate that has legal authority in the country over many Jewish religious and personal status issues, as well as over Israel's Rabbinical Courts. The Chief Rabbis are elected for 10 year terms. This year's election has been filled with political and legal intrigue, as well as bitter personal campaigning.  Here are just a few examples:

On the Sephardi slate, Yitzhak Yosef, son of the current Sephardi Chief Rabbi, won his father's endorsement only after his brother (whom his father preferred) was interrogated by police on  suspicion of breach of trust, conflict of interests and inappropriate conduct. The candidacy of Safed Chief Rabbi Shmuel Eliyahu is being challenged before Israel's High Court of Justice because he has made a series of allegedly racist anti-Arab statements and religious rulings over the years. Israel's Attorney General has urged Eliyahu to step down as a candidate.

On the Ashkenazi side, much of the focus is on the candidacy of David Stav, a moderate religious Zionist rabbi who is supported by the Habayit Hayehudi party which is an important component of Benjamin Netanyahu's coalition government. Currently both Chief Rabbi positions are held by non-Zionist haredi rabbis who staunchly oppose Stav.  As reported by Arutz Sheva earlier this week, Rabbi Shalom Cohen, a senior member of the Council of Sages of the Sephardic Shas party, in a sermon over the weekend delivered in the presence of Shas party spiritual leader Rabbi Ovadia Yosef, referred to religious Zionist rabbis as "Amalek."  That reference is a particularly volatile one because of the Biblical command to annihilate the Amalekites. Meanwhile the current Ashkenazi Chief Rabbi, Yona Metzger, is under investigation by the police on charges of fraud, money laundering and accepting bribes. (See prior posting.) As reported by JTA, Metzger has suspended himself from the presidency of the  Chief Rabbinate Council and from his position as a Rabbinical High Court judge while the investigation is under way.

Court Enjoins Veterans Memorial Containing Religious Symbols

In American Humanist Association v. City of Lake Elsinore, (CD CA, July 16, 2013), a California federal district court held that the design of a monument to military veterans that was to be installed at the city of Lake Elsinore-owned Diamond Stadium likely violates the Establishment Clause.  The monument, as finally approved by city council, depicts a soldier kneeling before a Christian cross, with several more crosses and a Star of David in the background.  Reviewing at length the history of the design of the monument, the court concluded: "it is likely that Plaintiffs will be able to demonstrate that the Latin crosses and Star of David were included ...because of their religious symbolism," and that "Plaintiffs are likely to prevail on their contention that a reasonable observer would perceive [the monument] as 'sending primarily a message of' endorsing religion." The court issued a preliminary injunction barring the City of Lake Elsinore, California from displaying the monument in front of the stadium. American Humanist Association issued a press release announcing the decision, and Opposing Views reports on the decision. (See prior related posting.)

USCIRF Chronicles Religious Violence In Pakistan

The U.S. Commission on International Religious Freedom today issued a Fact Sheet on Pakistan’s History of Violence: A Chronology of Targeted Violence against Religious Communities (January 2012-June 2013). The 40-page report, produced by USCIRF's Pakistan Religious Violence Project, found that during that time period there were:

203 incidents of sectarian violence resulting in more than 1,800 casualties, including over 700 deaths. The Shi’a community bore the brunt of attacks from militants and terrorist organizations, with some of the deadliest attacks occurring during holy months and pilgrimages.

However Christians, Ahmadis, Hindus, Sikhs and others were also targets of violence.

British House of Commons Gives Final Approval To Same-Sex Marriage; Authorizes Study of Humanist Ceremonies

In Britain yesterday, the House of Commons approved the House of Lords amendments to the Marriage (Same Sex Couples) Bill (full text of bill), sending the bill to the Queen for Royal Assent-- a formality in Britain. Here is the full text of the debate in the House of Commons on the Lords' Amendments. Section 2 of the bill provides broad religious protections, assuring that no one may be compelled to participate in any way in conducting or authorizing a same-sex marriage.

On a separate issue, Section 14 of the bill provides for the Secretary of State to review whether humanist marriage ceremonies should be authorized in England and Wales (as they already are in Scotland). The debate in Commons includes the following as part of an exchange on the amendments relating to humanist ceremonies:

Does [a fellow-MP] agree that there are important protections in the amendments made in the other place to prevent the possibility of crazy things such as Jedi weddings? This is about humanist weddings, which are very specific. It is not about commercial weddings, Jedi weddings or any of the other scaremongering that we have heard.

(See prior related posting.)

UPDATE: July 17 Canadian Press reports that the Queen has given formal royal assent to the bill.

Israeli Lawsuit Seeks Damages For Closing of Temple Mount to Jews On 9th of Av

In Israel in the Old City of Jerusalem, the Temple Mount is administered by the Muslim Wakf in coordination with the Jerusalem police.  Today, which is Tisha B'Av (9th of Av), the day in the Jewish calendar commemorating the fall of the First and Second Temples, Jerusalem police prevented Jews, including a number of prominent Israeli politicians, from entering the site on which those Temples formerly stood because of fear of Muslim rioting. The Dome of the Rock, holy to Muslims, now sits on the Temple Mount. The Jerusalem Post reports that the tension always surrounding the site-- was exacerbated as Tisha B'Av coincided this year with Ramadan. The police decision, made after security assessments, was criticized by a number of politicians.  The Joint Staff of the Temple Har Habayit filed a lawsuit seeking compensation of NIS 5000 ($1400 US) for travel costs, lost wages and pain and suffering for every Jew denied entry.  Apparently border police had promised in advance that the site would be open to Jews today.

With Approval By Lords, Britain Moves Close To Final Approval of Same Sex Marriage Bill

The Telegraph reports that in Britain yesterday the House of Lords approved the Marriage (Same Sex Couples) Bill.  The transcript of all the House of Lords debates on the bill, along with links to other information on it, are available on Parliament's website.  The bill passed the House of Commons in May. (Report on House of Commons debates.)  The bill now goes back to Commons for approval of amendments that were made in the House of Lords. According to The Telegraph, unless unexpected objections arise in Commons, it is expected that the bill will receive Royal Assent within days, opening the way for the first same-sex marriages in England and Wales by next summer.

Russian Orthodox Church Strikes Back At Rock Group Through Video Game

As previously reported, in Russia last year two members of the punk group Pussy Riot were sentenced to two-years in prison for 'hooliganism motivated by religious hatred" after the band's an anti-Putin protest performance in Christ the Savior Cathedral. Now, according to Radio Free Europe, the Russian Orthodox Church has found an interesting way to strike back at the punk rock group:

A video game was showcased at a recent Russian Orthodox youth festival in Moscow that encourages players to "kill" members of the feminist punk-rock collective Pussy Riot. 

In the game, "Don't Let Pussy Riot Into The Cathedral," players use an Orthodox cross to snuff out the balaclava-clad women before they enter a domed white church.... When the Pussy Rioters enter the church in the game, they reappear atop the church with horns on.

Grant Funding Denial Raises Issue of When Content of Youth Programs Is Religious

A dispute is simmering in Bossier Parish, Louisiana over the denial of further state-administered federal grant funding to two youth programs operated by the Bossier Parish Sheriff's Office.  After an audit, the Justice Department's Office of Civil Rights concluded that the Young Marines program, and the related Youth Diversion program, contained religious content that could not be funded by federal grant money.  Details are set out in July 3 and  July 12 press releases from the Liberty Institute, as well as in a demand letter [.pdf] sent by Liberty Institute to the Louisiana Commission on Law Enforcement and to DOJ.

The main concern of DOJ seems to be a moment of silence that is included in each Youth Diversion program meeting.  Sheriff Julian Whittington refuses to sign a letter stating that there will be no prayer activities conducted during the Youth Diversion program. He says: "Enough is enough. This is the United States of America – and the idea that the mere mention of God or voluntary prayer is prohibited is ridiculous." It is unclear how much concern DOJ has also with the Young Marines Obligation and Creed which includes the following: "I shall never do anything that would bring disgrace or dishonor upon my God, my Country and its flag, my parents, myself, or the Young Marines."

UPDATE: Wall of Separation blog yesterday had more on the program, suggesting a greater religious component is involved.