Animal Rights Activists Disrupt Eid al-Adha Animal Slaughter In Poland

In Poland yesterday, animal rights activists disrupted Eid al-Adha celebrations that traditionally involve the slaughter of live animals. AlJazeera reports that in the village of Bohoniki, activists tried to require Muslim Tatars to comply with the  requirement that animals be stunned before they are slaughtered. (See prior posting.) However religious leader Tomasz Miśkiewicz said at least one animal was killed to keep the culture of Muslim Tatars alive.

Cert. Filed In Contraceptive Mandate Case

The Thomas More Society announced that a petition for certiorari (full text) was filed today in the U.S. Supreme Court seeking review of the 6th Circuit's decision in Autocam Corp. v. Sebelius.  In the case, the 6th Circuit denied  a preliminary injunction in an Affordable Care Act contraceptive coverage mandate challenge by two related small businesses and their Catholic owners (See prior posting.)

North Carolina County Official Takes Step To Advance Same-Sex Marriage [Corrected]

In North Carolina, AP reports that Buncombe County Register of Deeds Drew Reisinger said yesterday that he will begin accepting marriage license applications from same-sex couples, but will then merely hold the applications and seek legal advice from state Attorney General Roy Cooper. The county official's statement came just hours after Attorney General Cooper said he personally supports same-sex marriage, but will defend the state's constitutional ban on same-sex marriage in court. [An earlier version of this posting incorrectly referred to South Carolina.]

Suit Challenges Lay-Off of Contract Military Chaplains During Government Shut-Down

The Thomas More Law Center announced yesterday that it has filed a suit on behalf of Catholic priest Fr. Ray Leonard, who is a civilian under contract with the Department of Defense to provide Catholic religious services at a naval submarine base.  The suit was also filed on behalf of one of Leonard's congregants.  The complaint (full text) in Leonard v. U.S. Department of Defense, (D DC, filed 10/14/2013) contends that plaintiffs' rights under the 1st Amendment and RFRA are violated because Leonard is unable to continue to celebrate daily mass at the naval base during the government shutdown. As interpreted by the Department of Defense, the recently enacted Pay Our Military Act is not broad enough to cover civilian contract chaplains, and the Anti-Deficiency Act, 31 USC 1342, prohibits the government from receiving Leonard's services free of charge. The suit seeks to enjoin application of the Anti-Deficiency Act to Leonard's speech and activities as a Catholic priest. CNN Wire reports on the case.

UPDATE: In an Oct. 16 press release, the Thomas More Law Center reports that the Justice Department and Department of the Navy decided that Fr. Leonard could resume all his religious duties as of that date.  However the lawsuit will continue to prevent a recurrence of the ban in any future government shutdown.

Malaysia Appeals Court Upholds Ban On Catholic Newspaper Using "Allah"

As reported by Reuters, the Court of Appeal of Malaysia today, in a 3-0 decision, reversed the High Court (see prior posting) and upheld a licensing condition imposed by the Minister of Security prohibiting the Catholic newspaper The Herald from using the word "Allah" in its Malay language edition to refer to God.  In Negeri v. Titular Roman Catholic Archbishop of Kuala Lumpur, (Malay. Ct. App., Oct. 14, 2013), the judges' views were encapsulated in a Summary of Decision, which was accompanied by separate opinions by Judges Mohamed Apandi Bin Ali (full text), Abdul Aziz Bin Abd Rahim (full text), and Mohd Zawawi Bin Salleh (full text).  The court held:

It is our common finding that the usage of the name “Allah” is not an integral part of the faith and practice of Christianity. From such finding, we find no reason why the respondent is so adamant to use the name “Allah” in their weekly publication. Such usage, if allowed, will inevitably cause confusion within the community.....

[T]he welfare of an individual or group must yield to that of the community.... [T]his is how the element of “in peace and harmony” in Article 3(1) is to be read with the freedom of religion in Article 11(1) of the Federal Constitution....

[S]ufficient material have been considered by the Minister in discharging his function and statutory power under the Printing Presses And Publications Act 1984. Although the test under the written law is subjective, there are sufficient evidence to show that such subjective decision was derived by considering all facts and circumstances in an objective manner. Thus, there is no plausible reason for the High Court to interfere with the Minister's decision.

In the case, (See prior related posting.)

Nazi War Criminal Erich Priebke Dies; Church, Italian and Argentine Governments, Refuse Funerals For Him

Convicted Nazi war criminal Erich Priebke died Friday at age 100 while serving a life sentence under house arrest in Rome at the home of his lawyer. As reported by AP, Priebke (after living nearly 50 years in Argentina) was extradited in 1995 to stand trial in Italy for the 1944 massacre at the Ardeatine Caves outside Rome in which 335 civilians were killed.  Pope Francis' vicar for Rome, Cardinal Agostino Vallini, has prohibited any church in Rome from celebrating a funeral mass for Priebke. The Rome archdiocese says his funeral must be held at home in strict privacy. Rome's police and civil officials said they would also bar any public ceremony out of security concerns. Meanwhile, Argentine Foreign Minister Hector Timerman said that Priebke's body would not be allowed into Argentina either. However Priebke' lawyer Paolo Giachini argued that as a practicing Catholic, Priebke deserves a Catholic funeral as a matter of his religious liberty. He suggested that Priebke might be buried in Germany, and a German Foreign Ministry spokesman said that German citizens had that right, though no request has been made by any of Priebke's family members.

Court Upholds Enforcement of Christian Arbitration Agreement In Wrongful Death Suit

In Spivey v. Teen Challenge of Florida, Inc. (FL App., Oct. 11, 2013), a Florida state appellate court upheld a trial court's enforcement of a Christian-based arbitration/ mediation agreement, requiring a mother to resolve her wrongful death action against a residential substance abuse program under the agreement that invoked rules of the Association of Christian Conciliation Services. The court observed that "private religious arbitration ... is exceedingly common in our pluralistic religious society...."

Holding that the mother, as the personal representative of her deceased 19-year old son, was bound by the agreement he signed, the court rejected several constitutional challenges to enforcement of the arbitration agreement.  The mother argued that she should not be required to engage in mediation that includes prayer as a part of the process, but the court held that "a personal representative generally cannot object that fulfilling the deceased’s wishes offends the religious sensibilities of the personal representative." The court concluded:

Indeed, had the trial court determined that the arbitration agreement was unenforceable due to its religious nature, its action “could itself arguably constitute an impermissible entanglement” under religion clause jurisprudence.

Recent Articles and Books of Interest

From SSRN:

• Muhammed Tawfiq Ladan, Managing Diversities for Peaceful Co-Existence in a Democratic Nigeria: A Human Rights Perspective, (August 20, 2013).
• Andrew Koppelman, 'Freedom of the Church' and the Authority of the State, (Journal of Contemporary Legal Issues, Forthcoming).
• Stephen M. Bainbridge, Must Salmon Love Meinhard? Agape and Partnership Fiduciary Duties, (UCLA School of Law, Law-Econ Research Paper No. 13-17, 2013).
• Perry Dane, Nature, Equality, and Same-Sex Marriage, (Buffalo Law Review Forthcoming).
• Benjamin L. Berger, Religious Diversity, Education, and the 'Crisis' in State Neutrality, (Canadian Journal of Law and Society, Forthcoming).

From SmartCILP:

• Julia Halloran McLaughlin, Taking Religion Out of Civil Divorce, 65 Rutgers Law Review 395-446 (2013).
• Symposium. In Search of a 'Grand Unified Theory': Thirty Years with the Endorsement Test. Articles by Carl H. Esbeck, Edward M. Gaffney, Jr., Patrick M. Garry, William M. Janssen and Andrew Koppelman. 7 Charleston Law Review 607-725 (2013).

Recent  Books:

• Daniel Jonah Goldhagen, The Devil That Never Dies: The Rise and Threat of Global Antisemitism (Little Brown, Sept. 2013), reviewed by the New York Times.
• Robert L. LaCosta, Gamaliel’s Advice: Taking Down God, (WestBow Press, June 2013), reviewed by the La Jolla Light.
• Denise A. Spellberg, Thomas Jefferson's Qur'an: Islam and the Founders, (Knopf, Oct. 1, 2013).

Hajj Begins; Fewer Visas Because of Health Concerns

In Saudi Arabia, the hajj began yesterday. AP reports that the Saudis cut the number of hajj visas by 20% for each country out of concern over a respiratory virus that has killed over 50 people in Saudi Arabia this year. The more than 2 million pilgrims this year (a 1 million reduction from last year) reflects fewer visas for the elderly, pregnant women and those with chronic illnesses.

Traditional Marriage Group Sues IRS Alleging Illegal Release of Tax Returns To Opponents

Earlier this month, the National Organization for Marriage-- an organization whose purpose is to protect traditional marriage and the faith organizations that support it-- announced that it has filed suit against the Internal Revenue Service over the alleged illegal release of its 2008 confidential tax return to ideological opponents. The complaint (full text) in National Organization For Marriage, Inc. v. U.S. Internal Revenue Service, (ED VA, filed 10/3/2013) alleges:

In March 2012, individuals employed by the IRS ... disclosed NOM's confidential ... 2008 IRS Fonn 990, Schedule B, which contains the names, home addresses, and contribution amounts of NOM's 2008 donors, to one or more third parties, including NOM's ideological opponent, the Human Rights Campaign....  On information and belief, the individuals from the IRS chose to make this disclosure ... specifically intending that those third parties would widely publish the information.... NOM's confidential return information was subsequently published on the Internet by third parties, including HRC and the Huffington Post ... making it available to millions of people. These disclosures are part of a deliberate attempt to chill the First Amendment activity of NOM, its donors, and others who associate with NOM.

The complaint seeks damages and injunctive relief.

9th Circuit Hears Oral Arguments By Proposition 8 Backers For Disclosure Exemption

On Friday, the U.S.9th Circuit Court of Appeals heard oral arguments in ProtectMarriage.com - Yes on 8 v. Bowen. (Audio of full arguments.) As reported by the San Francisco Chronicle, at issue is the attempt by backers of California's 2008 Proposition 8 to avoid California's required filing of the names of contributors of $100 or more to the campaign to pass the now-overturned Prop 8 ban on same-sex marriage. Appellants say that backers have already suffered vandalism, hate mail, boycotts and death threats. While the names of contributors have already been released by state court order, appellants want the federal court to order the state to remove the names from its website, seal its files, and grant a filing exemption for future elections.

Recent Prisoner Free Exercise Cases

In Smith v. City of New York, 2013 U.S. Dist. LEXIS 144122 (SD NY, Sept. 26, 2013), eight Rikers Island inmates sued alleging that unlike other religions, Muslims were not given dedicated prayer space, religious materials or adequate Halal meals.  One plaintiff was dismissed because of a prior settlement; and 4 more were dismissed for failing to exhaust administrative remedies.  An exhaustion hearing was scheduled for the other three.

In Brown v. Fischer, 2013 U.S. Dist. LEXIS 145586 (WD NY, Oct. 8, 2013), a New York federal district court dismissed a Jewish inmate's claim that his free exercise rights were infringed when one of his kosher meals contained a package of what he believed was non-kosher salami.

In Israel, Women of the Wall Leaders Split On Concessions

In Israel, there has been a policy split among leaders of Women of the Wall, the group that has been pressing for equal rights for women to pray at the Western Wall wearing prayer shawls and reading from the Torah. Haaretz reported yesterday that last Sunday the WOW board, on the recommendation of the group's chair Anat Hoffman, voted to move their religious services from the women's section of the Western Wall Plaza to a new egalitarian section set up by the government, subject to a number of conditions. Among the conditions are that there be one entrance to a contiguous area encompassing all three sections of the Plaza, there be equal funding, and that the egalitarian space be run by a board that includes equal representation for women.  Yesterday a dozen long-time WOW activists-- most now in the United States-- released a letter taking issue with the decision of the WOW board.  The dissenters insist that the group pursue its original goal of equal rights to pray in the original women's section at the Wall.  Some of the dissenters are Orthodox and object to praying in the same space as men.

Vatican Recalls Medals After Embarrassing Misspelling Is Discovered

The Vatican on Tuesday abruptly recalled more than 6000 medals it had commissioned to commemorate the pontificate of Pope Francis.  As reported by the Huffington Post, just as the medals produced by the Italian Mint went on sale it was discovered that the name of Jesus had been misspelled in the Latin quotation around the edge of the reverse side.  The coin read "Vidit ergo Lesus..." instead of "Vidit ergo Jesus...." Four of the coins, however, were sold before they were recalled. Those are now valuable collectors' items.

More Arrests In Forced Jewish Divorce Kidnappings

In New Jersey, a superseding criminal complaint (full text) was issued yesterday in United States v. Epstein,(D NJ, Oct.10, 2013), adding 6 defendants to the 4 previously named (see prior posting) in a federal kidnapping case against men who allegedly operated an arrangement under which recalcitrant Orthodox Jewish husbands were seized and physically threatened or injured to force them to grant a religious divorce (get) to their wives who had already obtained a civil divorce decree. The 6 additional defendants are alleged to be the "'tough guys' and/or witnesses who participate in the actual kidnapping and assault of the recalcitrant husbands...."  The Newark Star-Ledger reports:

Most of those arrested were taken into custody at a Middlesex County warehouse Wednesday night — some wearing Halloween masks and one in a Metallica T-shirt — as they waited to grab a supposed victim....

U.S. Attorney Paul Fishman said at least one of those charged admitted he had participated in similar kidnappings in the past and investigators believe there may have been as many as several dozen assaults conducted by the same group over a period of many years.

Failed Messiah reports that more arrests are likely to follow "as dominoes."  Meanwhile, Haaretz yesterday carried an interesting op-ed titled Rabbis who beat men into divorcing their wives: villains or heroes?. [Thanks to Steven H. Sholk for the lead.]

Brazil Launches Campaign To Promote Religious Tolerance

Religion News Service reported yesterday on a new diversity campaign launched by the government of Brazil designed to combat religious discrimination by public officials and religious abuse by individuals. Intolerance has been directed particularly at adherents of Candomble and the closely related Umbanda African religious faiths. In the highest profile incident a year ago,  Marcos Antonio Marcelino, a practitioner of Candomble, was shot and killed by his neighbor after police ignored complaints from him and his wife about religious abuse.  The rise in incidents, to 109 last year, coincides with changing religious demographics in Brazil. The number of Catholics is declining while the number of evangelicals is increasing, with some neo-Pentecostal churches preaching hate of African religions.

New Jersey Judge Refuses Stay Pending Appeal of Same-Sex Marriage Ruling

A New Jersey trial court judge yesterday refused to grant a stay pending appeal of her decision that beginning Oct. 21,  New Jersey must extend the right to marry to same-sex couples. (See prior posting.)  According to the New York Times, in her decision Judge Mary C. Jacobson wrote that the state had not shown that is is likely to succeed on appeal, and a stay would delay the ability of same-sex couples to become eligible for federal tax and retirement benefits, spousal coverage under Medicare and the ability to sponsor a non-citizen spouse for residency.  The state immediately appealed the denial of a stay.

UPDATE:  The New Jersey Supreme Court on Oct. 11 issued an order granting a direct expedited appeal of the decision, and also taking jurisdiction over the motion to stay pending appeal. [Thanks to Volokh Conspiracy for the lead,]

Cert.Filed In German Home Schooling Asylum Case

Yesterday the Home School Legal Defense Association announced that it had filed a petition for certiorari with the U.S Supreme Court in Romeike v. Holder.  In the case, the 6th Circuit  denied asylum to a German family that claimed persecution because of Germany's ban on home schooling which the family favored largely for religious reasons.. (See prior posting.) Charisma News reports on developments.

Feds Charge 2 Orthodox Rabbis, 2 Others, In Kidnap and Torture Plans Against Husbands Who Refuse Wives A Religious Divorce

Two Orthodox rabbis and two other men were arrested last night in New York and New Jersey on federal charges (full text of criminal complaint) of plotting to kidnap and torture a man to force him to grant his wife a Jewish divorce (get).  AP, the New York Daily News and the Newark Star-Ledger all have stories on the arrest of 68-year old Brooklyn Rabbi Mendel Epstein and Rabbi Martin Wolmark  who allegedly charged women tens of thousands of dollars to use violence against their recalcitrant husbands who refuse to grant a Jewish divorce after a civil divorce has been obtained.  An Orthodox woman cannot remarry in a religious ceremony without a get.

Police also arrested two other men-- Ariel Potash whose role was to act as the wife's agent to accept the get in the religious divorce ceremony, and a man identified only as "Yaakov" who was apparently one of the "toughs."  As many as 6 other people may also be charged in the case which grew out of a similar 2011 case brought against Rabbi David Wax and his wife. (See prior posting.) Wax is now apparently cooperating with authorities. Last night's arrests came after two undercover agents-- one posing as a wife and the other as her brother-- were charged $10,000 for approval by a rabbinical court of a kidnapping and $50,000 to $60,000 to pay those who roughed up the purported husband.  A rabbinical court in Monsey, New York, presided over by Rabbi Wolmark, actually approved the kidnapping plan last week by issuing a ruling (psak din) after the purported husband failed to respond to a contempt order (seruv) issued by the religious court. [Thanks to Failed Messiah blog for the link to the complaint and to Scott Mange for the lead.]

UN Committee Says France Violated Sikh's Rights By Demanding Turban Be Removed For Passport Photo

The United Nations Human Rights Committee, in a decision dated Sept. 26 and released last week has ruled (full text of decision in French) that France violated the religious freedom of a Sikh man by requiring that he remove his turban for his passport photo. The Committee monitors compliance with the International Covenant on Civil and Political Rights. United Sikhs and the Wall Street Journal report on the decision.