Paper Says Minnesota's Funding of Drug Program Raises Church-State Issues

Yesterday's Minnesota Independent features an investigative article on state funding of Minnesota Teen Challenge's faith-based drug treatment centers. MnTC has received nearly $2.4 million in state funding since 2007, primarily from the Minnesota Department of Human Services' Consolidated Chemical Dependency Treatment Fund. County agencies, using state guidelines, determine which clients need treatment and then pay state-licensed providers (such as Teen Challenge) for the treatment on a fee-for-service basis. The state Fund reimburses counties for much of their costs. Teen Challenge says that state funds are not used for evangelical programming. However, according to the newspaper's report: "most of the language about the program — coming from its managers, Web site and clients — references the transformational power of Jesus Christ, as opposed to chemical health and behavior therapy." Last year, American United called for termination of federal grants to Minnesota Teen Challenge because of Establishment Clause concerns. (See prior posting.)

New Saudi University, Sponsored By King, Moves Away From Strict Islamic Norms

UAE's The National reports that today in Thuwal, Saudi Arabia, the King Abdullah University for Science and Technology (KAUST) will be dedicated. Long the dream of King Abdullah, KAUST--a graduate university dedicated to scientific research and innovation-- has been set up with an endowment of over $10 billion. The King has organized the University so that it is independent and has freed it somewhat from the religious influences that dominate in other Saudi universities. In particular, the country's conservative religious establishment has been critical that the KAUST will be co-educational, with men and women studying and working together. On campus, women will not have to wear the traditional abaya and they will be permitted to drive on campus. University officials are not aiming to spread these freedoms for women elsewhere in the Kingdom, but do hope that KAUST will force the national education system to replace rote learning with creative thinking.

Uganda's Government Will Propose Creation of Khadi Courts

Uganda's Constitution, Sec. 129, provides for various courts to be established, including "qadhis' courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by Parliament." New Vision reported yesterday that Uganda's Attorney General, Freddie Ruhindi, told a committee of Parliament that the Government will soon propose a bill to implement this provision. The bill will provide for the creation of Islamic Khadi courts in which Muslims will be able to apply Sharia law.

Rockland County Health Officials Again Monitoring Kapparot Ritual Site

The Jewish holy day of Yom Kippur begins Sunday evening. Again this year, the Rockland County (NY) Health Department is giving close attention to the site where Orthodox Jews are carrying out the pre-Yom Kippur ritual of kapparot-- the symbolic passing off of sins by circling a live chicken above one's head three times. The chicken is then slaughtered, and donated for food for the needy. According to today's Lower Huson Valley Journal News, for the third year in a row authorities have found sanitary code violations by Moshe Lefkowitz who is bringing some 11,000 chickens to a site in front of a former drive-in move theater in Rockland County, New York. The tradition of kapparot is controversial, both in terms of its theology and its treatment of animals. Many Orthodox Jews substitute funds equal to the value of the chicken, using that in the ceremony and then donating the funds to charity for the poor. (Background.) [Thanks to Vos Iz Neias? for the lead.]

Jediism Founder Accuses British Supermarket Chain of Religious Discrimination

In Britain, the founder of the Jedi religion (inspired by the Star Wars films) has accused Tesco supermarkets of religious discrimination. The London Guardian reported last Friday that Daniel Jones was ordered by staff at a Tesco store in north Wales to remove his hood while in the store. Jones, also known by his Jedi name Morda Hehol, said his religion requires him to wear the hood while in public. He is considering legal action against Tesco. Tesco though was undaunted in enforcing its rules, saying: "Obi-Wan Kenobi, Yoda and Luke Skywalker all appeared hoodless without ever going over to the Dark Side and we are only aware of the Emperor as one who never removed his hood. If Jedi walk around our stores with their hoods on, they'll miss lots of special offers."

Jewish Groups Protest Plans For Saturday Iowa Caucuses In 2010

On Friday, the Jewish Council for Public Affairs released the text of a letter sent to the chairmen of Iowa's Republican and Democratic parties by a coalition of 18 national Jewish groups. The letter protests plans to hold the January 2010 Iowa party caucuses on a Saturday (the Jewish Sabbath), saying: "Saturday caucuses will force members of the Iowa Jewish community to choose between their faith and their civic duties." Caucuses do not permit absentee voting. Friday's Chicago Tribune reports that the change to Saturday was made by the parties to enable more working people to attend the caucuses. Party leaders say the change is an experiment, and that it does not necessarily mean that the 2012 Iowa Presidential caucuses would also be moved to Saturday.

Teenager Will Stay In Florida For Now As Clarifications Are Sought

A court in Orlando, Florida yesterday held another hearing in the case of Rifqa Bary, the 17-year old who fled her Muslim parents' home in Ohio and came to Florida claiming that she feared her father would kill her because she had converted to Christianity. (See prior posting.) WBNS TV 10 reports Circuit judge Daniel Dawson ordered that for now Rifqa will remain in Florida, but that she may have no contact with Pastor Blake Lorenz's family with whom she had been staying. According to the St. Petersburg Times, Dawson will confer with a judge in Ohio to determine if a legitimate dependency action has been filed. Rifqa's guardian ad litem is concerned that the petition filed in Ohio is merely a ploy, and the case will be dropped once Rifqa is returned.

According to Central Florida News 13, a report by the Florida Department of law Enforcement found a number of misrepresentations in Rifqa Bary's story. She did not hitch hike to the Greyhound bus station to flee, but instead she was driven to the bus station by the man who baptized her in Ohio. Her bus ticket was actually purchased in Orlando under a false name. Currently four different attorneys claim to be representing Rifqa. The Florida Department of Children and Families has filed a motion asking the court to determine who should be recognized as her attorney.

UPDATE: WBNS TV10 reported on Tuesday that Pastor Blake Lorenz and his family are under criminal investigation for possibly helping Bary flee from Ohio.

Georgetown's Feldblum Nominated To EEOC

Last week, President Obama nominated Chai Rachel Feldblum to be a member of the Equal Employment Opportunity Commission. (White House release.) The EEOC enforces employment discrimination laws, including the ban on religious discrimination in employment. Feldblum currently is Professor of Law and Director of the Federal Legislation Clinic at Georgetown University Law Center. The nomination to one of the five positions as Commission member must still be confirmed by the Senate.

Recent Prisoner Free Exercise Cases

In Timbuktu v. Malone, 2009 U.S. Dist. LEXIS 82053 (ED WI, Sept. 9, 2009), a Wisconsin federal district court refused to grant summary judgement to two Muslim inmates who alleged that in a number of instances their prayers were interrupted or stopped, the location of their prayers were changed and that there were infringements on their observance of Ramadan and other religious feasts.

In Norton v. Kootenai County, 2009 U.S. Dist. LEXIS 82863 (D ID, Sept. 11, 2009), an Idaho federal district court dismissed plaintiff's claim that his First Amendment rights were violated when he was ordered to attend Alcoholics Anonymous meetings as a condition of his probation. The court concluded that while there was a religious component to the program, plaintiff never notified his probation officer of his objections to it.

In Parnell v. Tucker, 2009 U.S. Dist. LEXIS 83103 (ND CA, Aug. 27, 2009), a California federal district court permitted plaintiff to move ahead with claims against certain of the defendants that restrictions on his exercise of his Islamic religion, such as denying him access to the chapel or yard for congregational prayers and study, violate his First Amendment rights and his rights under RLUIPA.

In Hodgson v. Fabian, 2009 U.S. Dist. LEXIS 83134 (D MN, Aug. 19, 2009), a Minnesota federal magistrate judge recommended dismissing claims by a Wiccan prisoner that his rights are violated by prison policies that resulted in confiscation of issues of a Wiccan magazine, refusing to allow him and the Wiccan group to smudge or burn incense in the prison chapel, limiting the herbs that inmates could order for religious use, and prohibiting keeping or using prayer oil in inmate cells.

In Jordan v. Caruso, 2009 U.S. Dist. LEXIS 83575 (ED MI, Sept. 14, 2009), a Michigan federal district court rejected a claim by a prisoner who was a member of the Moorish Science Temple of America that his rights were violated when prison officials refused to use the term "El" as part of his name on his cell door card, as required by his religious beliefs. The magistrate's recommendations in the case are at 2009 U.S. Dist LEXIS 83584 (June 11, 2009).

In Hundal v. Lackner, 2009 U.S. Dist. LEXIS 83814 (CD CA, Sept. 15, 2009), a California federal magistrate judge held that a Sikh prisoner who was denied an exemption from beard length restrictions had not stated a claim under the First Amendment, but had stated a claim under RLUIPA. However the complaint was dismissed with leave to refile to eliminate the RLUIPA claims for damages against defendants in their individual capacities which the court held were not authorized under the statute.

In Cromer v. Unknown Chaney, 2009 U.S. Dist. LEXIS 84726 (WD MI, Aug. 26, 2009), a Michigan federal magistrate judge recommended dismissal of a claim that plaintiff's rights were violated when prison authorities confiscated Five Percent Nation religious materials from his cell.

In Robinson v. Meyers, 2009 U.S. Dist. LEXIS 84202 (D SC, Aug. 10, 2009), a South Carolina federal magistrate judge recommended granting summary judgement to defendants in a case in which a pre-trial detainee who was a member of the House of Yahweh complained about a 5-month delay in obtaining a diet meeting his religious requirements. The delay resulted from confusion about Plaintiff's religious affiliation and the type of diet required under the beliefs of that religion.

South Carolina High Court Rules For Break-Away Anglican Parish

Last week the South Carolina Supreme Court issued an interesting decision in litigation stemming the 2004 vote by members of All Saints Parish, Waccamaw, to break away from the Episcopal Church USA and instead affiliate with the more conservative Episcopal Church of Rwanda. A small group of members remained loyal to ECUSA and the South Carolina Episcopal Diocese and purported to elect a new vestry for the congregation. In All Saints Parish Waccamaw v. The Protestant Episcopal Church in the Diocese of South Carolina, (SC Sup. Ct., Sept. 18, 2009), the court, applying neutral principles of civil law, held that the Parish's property belongs to the break-away group and that the vestry elected by the majority break-away group are the true officers of the Parish.

The court's decision on property ownership held that the Statute of Uses converted beneficial ownership of Parish property under a 1745 Trust Deed into legal title for the Congregation of All Saints Parish. The Court went on to hold that while the Diocese of South Carolina amended its Constitution in 1987 to add the Dennis Canon-- which declares a trust in favor of the ECUSA and the Diocese on all real and personal property held by any congregation-- the action did not affect property of All Saints Parish. The Court said that the Dennis Canon could only impose a trust on property owned by the Diocese. A comment on the decision on Episcopal Cafe makes the interesting point that "the decision simply assumes (without considering the matter) that South Carolina can switch from being a 'deference' state to a 'neutral principles' state without thereby interfering with anybody's established property rights." [Thanks to John B. Chilton for the lead.]

Recent Articles Of Interest

From SSRN:

• Brian Leiter, Foundations of Religious Liberty: Toleration or Respect?, (September 16, 2009).
• Brian D. Galle, Foundation or Empire? The Role of Charity in a Federal System, (FSU College of Law, Law, Business & Economics Paper No. 1473107, Sept. 14, 2009).

From SmartCILP:

• A Symposium on God and the Land: Conflicts Over Land Use and Religious Freedom. (Table of Contents.) 2 Albany Government Law Review 354-652 (2009).

Value Voters Summit Held Last Week End

The Value Voters Summit was held this past weekend in Washington, D.C., bringing together Christian conservatives from around the country. CQ Politics reports on the Summit's straw poll for 2012 Presidential candidate. The winner was former Arkansas Governor Mike Huckabee. On issues, 41% said that abortion was the primary issue that would determine their choice for President. 18% chose religious liberty as their primary concern.

FLDS Member Sues For Religious Discrimination

Friday's Salt Lake Tribune , as well as Fox 13 News, report on the first-ever civil rights action by a member of the FLDS Church, filed Friday in Maricopa County (AZ) Superior Court. The complaint (full text) in Barlow v. Goddard, (AZ Super. Ct., filed 9/18/2009) alleges that the decertification of former police officer Preston Barlow by the Arizona Police Officer Standards and Training Board violated various federal and state constitutional and statutory provisions. Barlow claims that he was misled about the purpose of an investigation during which he refused to answer a number of questions about his FLDS faith. In fact the investigation was designed to look into whether Barlow and other FLDS officers had failed to protect property belonging to the United Effort Plan Tust which holds property of FLDS members (and which is now being reorganized under court supervision). Barlow claims that the investigation and his decertification placed a burden on his free exercise of religion, imposed a religious test for state employment, and were carried out under unconstitutionally broad and vague standards.

Settlement Reached In Lawsuit Challenging FaithGuard Homeowners' Insurance

The U.S. Justice Department announced on Friday that it had reached a settlement with GuideOne Mutual Insurance Company and two of its agents in connection with the company's FaithGuard endorsements on homeowners policies. The endorsement offered special benefits and discounts only to churchgoers and "people of faith," a practice which the Department of Housing and Urban Development claimed violated the Fair Housing Act. A complaint was filed along with the proposed settlement on Friday in a Kentucky federal district court. Under the settlement, which still must be approved by the court, defendants will pay damages of $29,500 to three victims of discrimination and will pay a civil penalty to the government of $45,000. In addition, GuideOne will stop selling homeowners and renters insurance policies with the FaithGuard endorsement, train GuideOne insurance agents on their responsibilities under the Fair Housing Act and provide periodic reports to the Justice Department. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Mississippi Supreme Court Rules In Challenge By Members of Church Damaged By Katrina

In Schmidt v. Catholic Diocese of Biloxi, (MS Sup. Ct., Sept. 17, 2009), members of St. Paul Catholic Church in Pass Christian, Mississippi brought suit after the diocese effectively closed the church that had been damaged by Hurricane Katrina and merged the parish into a newly created one. In this decision, the Mississippi Supreme Court held that plaintiffs lack standing to assert that St. Paul's property was held in trust for them. However, it held that the courts do have jurisdiction over claims that Church funds were improperly diverted and that one of the defendants, a priest, made intentional misrepresentations in soliciting funds for the rebuilding of St. Paul's. A concurring opinion by Justice Randolph, joined in part by Justice Pierce, concluded that the ecclesiastical abstention doctrine removes jurisdiction from courts over whether or not St. Paul's property was held in trust. (See prior related posting.)

White House and State Department Messages Mark Eid-ul-Fitr

Yesterday the White House issued a statement from President Obama and the First Lady extending greetings to Muslims on the ending of Ramadan and the celebration of Eid-ul-Fitr. A posting on the White House blog from D. Paul Monteiro, Deputy Associate Director, White House Office of Public Engagement, indicated that several government agencies have participated this year in events to mark Ramadan. Earlier this week, Secretary of State Hillary Clinton issued a message for Eid-ul-Fitr, stating in part: "the United States seeks a new beginning with Muslims around the world, one based on mutual interest and mutual respect." A video of the message, as well as transcripts in English and 15 other languages are posted on the State Department's website.

Bankruptcy Judge Accommodates Hindu Temple In Chapter 11

Yesterday's Atlanta Journal Constitution reports that a Georgia federal bankruptcy judge has found a creative solution to what could have become a troublesome church-state problem. After the Hindu Temple of Georgia defaulted on a $2.3 million loan and faced foreclosure on its 9-acre property in Norcross, Georgia, it filed for a Chapter 11 bankruptcy protection. The bankruptcy judge ordered an inventory of the Temple's property, however Temple priests are undergoing a 216-day period of ritual cleansing during which non-Hindus are barred from entering the Temple. So Judge James E. Massey ordered that creditors send someone of the Hindu faith to inventory and photograph Temple rooms. Meanwhile the Temple may drop a $26 million lawsuit it filed earlier this month against police and those who cooperated with them in charging its swami, Annamalai Annamalai, with practicing medicine without a license and theft. The charges were later dropped for lack of evidence.

President Reaches Out Internationally With Rosh Hashanah Greetings

Rosh Hashanah begins this evening. It has become standard practice for the U.S. President to issue holiday greetings to those celebrating the Jewish holy days. This year the White House broke new technological ground in reaching out to Jews around the world. The President recorded video greetings which can be viewed online with French, Hebrew, Russian, Spanish, Turkish, Arabic or Persian subtitles. In addition to an English language transcript of President Obama's remarks, transcripts are also available in these same seven languages. In his message, the President said in part:

Let us work to extend the rights and freedoms so many of us enjoy to all the world's citizens – to speak and worship freely; to live free from violence and oppression; to make of our lives what we will. And let us work to achieve lasting peace and security for the state of Israel, so that the Jewish state is fully accepted by its neighbors, and its children can live their dreams free from fear.

Jewish Newspaper Interviews Scalia On Religion and State

In an interview this week with the Jewish newspaper Hamodia, U.S. Supreme Court Justice Antonin Scalia spoke about the Court's Establishment Clause jurisprudence and about the role religion should play in American life. He said:

My court has a series of opinions that say that the Constitution requires neutrality on the part of government, not just between denominations ... but neutrality between religion and non-religion. I do not believe that. That is not the American tradition.

He also remarked:

I am not sure how Orthodox Jews feel about the Establishment Clause, but I assume they do not like driving G-d out of public life.

State Department Hosts Iftar

Earlier this week, the U.S. State Department hosted its annual Iftar dinner in honor of Ramadan. The State Department has posted the full text of remarks at the dinner by Farah Anwar Pandith, Special Representative to Muslim Communities, and by Secretary of State Hillary Clinton. Clinton said in part:

I think that American embassies have been holding Iftars for decades. Our diplomatic posts have held hundreds of events to celebrate Ramadan this year alone. And I am proud that we have so many Muslims serving in our Foreign Service and our Civil Service who are playing an important role in advancing our nation’s foreign policy interests and strengthening the bonds of cooperation and understanding with Muslims at home and abroad.

Pakistan's The News reported on the dinner.

Creationist Views of Florida Mayoral Candidate Debated

The St. Petersburg (FL) Times reported on Wednesday that the Creationist views of St. Petersburg mayoral candidate Bill Foster have become an election issue. Foster believes that the earth was created in literal six days, and that dinosaurs and humans lived at the same time. Supporters of Kathleen Ford, Foster's opponent, argue that Foster's views will make it more difficult for the city to recruit scientific firms to locate there. Foster insists that he will not let his personal religious beliefs interfere with governing the city and that he will eagerly recruit science-based companies.

EEOC Sues Clothing Chain Over "Look Policy" Barring Head Coverings

The EEOC announced yesterday that it has filed a federal religious discrimination lawsuit against the retail clothing chain Abercrombie & Fitch for refusing to hire a 17-year old Muslim because she wore a hijab (head scarf). The complaint filed in an Oklahoma federal district court alleges that an Abercrombie Kids store in a Tulsa, Oklahoma mall interviewed Samantha Elauf for a sales position, but refused to hire her because wearing of a head covering violated the company's "Look Policy." The suit was filed after attempts to reach a negotiated settlement failed.

School Principal, Athletic Director Acquitted of Contempt In Prayer Case

Late yesterday afternoon, a Florida federal district court judge acquitted a Santa Rosa County (FL) high school principal and the school's athletic director of criminal contempt charges growing out of their failure to follow the terms of a temporary injunction against faculty-led school prayer. In January, nine days after U.S. District Judge Casey Rodgers issued the injunction, principal Frank Lay asked Pace High School athletic director Robert Freeman to lead a prayer at the beginning of a school luncheon at which students were present. According to yesterday's Pensacola News-Journal: "[Judge] Rodgers said the prayer at a field house dedication during the school day that was held on church property was spontaneous, and there was seemingly no intent to violate the order." AP reports that Judge Rodgers decision "was greeted with a roar of approval followed by rounds of religious hymns from the hundreds of protesters who had stood outside the Pensacola Federal Court House for the daylong trial." The contempt charges against the two officials of the rural Florida Panhandle school had become the center of national attention, in part through press releases from Liberty Counsel that was representing Lay and Freeman. (See prior posting.)

National Groups Want Bush Administration's RFRA Memo Withdrawn

Yesterday 58 national civil rights and religious groups sent a letter (full text) to U.S. Attorney General Eric Holder seeking a change in an interpretation of the Religious Freedom Restoration Act issued by the Bush administration in 2007. In the 2007 memo, the Justice Department's Office of Legal Counsel concluded that RFRA trumps the religious anti-discrimination provisions of the Juvenile Justice and Delinquency Prevention Act, allowing a Christian youth program to receive a federal grant even though the organization hires only Christian staff. (See prior posting.) The letter to Attorney General Holder reads in part:

The OLC Memo wrongly asserts that RFRA is “reasonably construed” to require that a federal agency categorically exempt a religious organization from an explicit federal nondiscrimination provision tied to a grant program. Although the OLC Memo’s conclusion is focused on one Justice Department program, its overly-broad and questionable interpretation of RFRA has been cited by other Federal agencies and extended to other programs and grants. The guidance in the OLC Memo is not justified under applicable legal standards and threatens to tilt policy toward an unwarranted end that would damage civil rights and religious liberty....

We accordingly request that the Obama Administration publicly announce its intention to review the OLC Memo, and that at the end of that review, withdraw the OLC Memo and expressly disavow its erroneous interpretation of RFRA....

The Anti Defamation League (one of the signatories) issued a press release calling attention to the letter. [Thanks to Michael Lieberman for the lead.]

Court Says Congregation Cannot Disaffiliate From National Church Body

In Classis of Central California v. Miraloma Community Church, (CA Ct. App., Sept. 15, 2009), a California Court of Appeals held that a local congregation of the Reformed Church in America lacked authority to amend its governing documents to disaffiliate from the national church in order to avoid a takeover by its hierarchical governing body, the classis. Under church rules, the classis could appoint an administrative body to supersede the congregation's trustees if the congregation's membership declined significantly. The congregation's bylaws included a provision that that its articles could not be amended in any manner-- including to disaffiliate-- without prior written consent of the classis.

Today Is Constitution Day, As Contempt Trial In School Prayer Case Begins

Today is Constitution Day, marking the 222nd anniversary of the signing of the 1787 Constitution. Liberty Counsel is circulating a press release noting that the criminal contempt trial of the principal and athletic coach of Pace High School in Santa Rosa County, Florida, begins today. They are charged with ignoring a court injunction against faculty-led prayer. (See prior posting.) Liberty Counsel's founder, Matthew Staver, commented: "What a sad state of affairs, when on the day we celebrate the oldest and most enduring Constitution in the world, that honorable public servants are tried as criminals for praying over a meal." Some 61 members of Congress, many from the Congressional Prayer Caucus, sent a letter (full text) to the defendants in the case saying that the country's founders would be astonished that someone would be charged criminally for engaging in prayer. Americans United commenting on the case last month had a different take, arguing that school officials "should be teaching their students to respect the law and the Constitution, not to ignore it when they don’t agree."

City Council Acts To Keep Invocations Non-Sectarian

Yet another city council has reacted to a letter from the Freedom from Religion Foundation objecting to sectarian invocations. With almost no discussion, the Tracy, California City Council voted Tuesday to take steps to assure that invocations are non-sectarian. The Tracy (CA) Press reports that Council will send out a letter to those who sign up to deliver prayers telling them to keep their prayer non-sectarian. Council also will write to several dozen religious groups, including three that are non-Christian, inviting them to participate in delivering invocations.

Florida Church's Lawsuit Challenges Zoning Denial

Yesterday's Jacksonville (FL) News reports that the predominantly African-American First Baptist Church of Mandarin has filed a federal lawsuit-- apparently under RLUIPA-- against St. Johns County, Florida challenging the county's denial of its zoning application to build a sanctuary, ancillary buildings and a commercial retail area to support its mentoring program, the Jesus Christ Institute. Neighbors said the 249,000 square foot project is too large for the proposed site on a two-lane rural road. The church's lawsuit alleges that the zoning decision was based on religious prejudice, burdening its religious practice through unequal and discriminatory treatment.

Do Government Economic Incentives Trigger Church-State Limits For Grocery?

In St. Louis (MO), some are arguing that a new downtown grocery store, Culinaria (owned by the Schunck's grocery chain), should be subject to church-state separation requirements because more than half of its funding came from government sources. Funding sources included tax credits and a leasing arrangement which results in the Missouri Development Finance Board owning the building in which the store is located. Yesterday's St. Louis Post-Dispatch reports that the issue arose because of a decision by Culinaria's Catholic manager to display a crucifix on a wall behind the customer service counter, opposite the store's checkout registers. Manager Tom Collora says the crucifix "is not meant to promote one faith over another. It's just an opportunity to share a part of myself and my life with people I work hard to serve every day."

Dutch Supreme Court Says Football Chant Violated Ban on Insulting of Religious Group

The Netherlands Supreme Court on Tuesday upheld a lower court's conviction and sentence of a football fan under Section 137c of the Dutch Penal Code that prohibits "insulting of a group of people because of their ... their religion or belief..." The conviction grew out of an odd football tradition in the country (explained by Counter Jihad). Before World War II, the Amsterdam team Ajax had many Jewish supporters from Amsterdam's large Jewish community. Supporters of other teams referred to Ajax fans as Jews as a term of abuse. After the Holocaust and World War II, Ajax supporters adopted the term Jews as a "badge of honor" and often used the Israeli flag as a symbol of support. However this led to the phenomenon of fans from opposing teams waving the Palestinian flag in opposition and engaging in anti-Jewish chants.

The chants are now banned in stadiums, but it was one of those chants by a fan in the street nearby that led to the conviction upheld this week. A supporter of the Hague football club ADO was arrested in 2006 for chanting: "Hamas, Hamas, Jews to the gas." The Supreme Court upheld his sentence of 80 hours of community service and two years' probation. According to Dutch News, the court rejected his defense that the chant was merely a way to provoke Ajax fans, and was not intended to be anti-Semitic.

Treatment Of Muslims By French Army Criticized

World Bulletin yesterday reported that the France's Defense Ministry is exerting additional control over Muslim officers in the French army by arranging their travel this year for the Hajj. The Ministry will provide a plane to fly them to Saudi Arabia and will organize their stay. In another attempt to influence Muslims in the military, last year the French army sent two of its imams to a government-sponsored class on citizenship and secular values. Another six imams will attend the course this year. Some French Muslim leaders have criticized this as an inappropriate attempt by the state to train imams. At the same time, Muslims in the Army have complained that no accommodation was made for their meals during Ramadan this year.

Teacher Awarded Qualified Immunity In Suit For Remark Against Creationism

A long-running lawsuit in which a California high school student and his parents sued history teacher James Corbett for making remarks hostile to religion has finally come to a close. In May, the court found that one of the teacher's comments-- calling Creationism "superstitious nonsense"-- violated the Establishment Clause. (See prior posting.) Then in July, the court held that plaintiffs were not entitled to declaratory or injunctive relief. (See prior posting.) Now, in C.F. v. Capistrano Unified School District, (CD CA, Sept. 15, 2009), a federal district court dismissed the remaining claim for nominal damages after finding that the teacher was entitled to qualified immunity. The court wrote in part:

Public officials must be able to do their jobs without fear that every misstep, however slight, will subject them to liability and the paralysis which goes with such a fear. Thus, the doctrine of qualified immunity looks to whether there was a clearly established right in issue.... The law as it existed in the fall of 2007 did not make clear that a single statement in an area of the law which lacks precision could violate the Constitution. The decision here on the merits advances the clarity of Farnan’s right to be free of anti-religious comments, but the extent of the advance and the results of future applications of the doctrine of qualified immunity in this area are for another day and another court.

The court's disposition of the case also bars future claims by plaintiff for attorneys' fees and costs. The OC Register reported on the decision and indicated that plaintiffs plan an appeal to the 9th Circuit.

Israeli Student's Legalistic Protest of Hametz Law Fails

YNet News yesterday reported on the results of the trial in Israel growing out of an incident earlier this year that attracted significant attention. Yeshiva student Aryeh Yerushalmi protested an Israeli court's interpretation of the law that prohibits the public display of leavened products for sale or consumption during Passover. He entered a Tel Aviv grocery store, went to the bread section, and stripped, claiming that if a grocery is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. (See prior posting.) The Rishon Lezion Magistrates' Court apparently does not agree. While this week it acquitted him of indecent assault, it convicted him of indecent conduct in a public place. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Missouri Court Says Negligence Is Enough In Sex Abuse Case Against Church

Yesterday's Missourian reports that in a lawsuit against a St. Joseph Missouri Methodist church, a state trial court has held for the first time under Missouri law that a church can be sued for negligence in a clergy sexual abuse case. Earlier Missouri cases had required plaintiffs to show that a church actually knew the abuser was going to harm children and failed to take actions to prevent it, in order to recover against the church.

Cuba Will Now Permit Group Christian Services Inside Prisons

AP reported yesterday that Cuba's Communist government has relaxed tensions with religious groups by extending opportunities for prison inmates to worship. Authorities have agreed they will allow inmates to attend Roman Catholic Mass and Protestant services inside prisons. Previously inmates could only pray personally, and could meet individually with religious advisers. Now the group services will be able to make use of hymnals, Bibles and crosses. Authorities are considering as a next step extending the new rules to Jewish and Santeria inmates. [Thanks to Scott Mange for the lead.]

New Poll Compares Conservative and Progressive Religious Activists

Public Religion Research yesterday released a 40-page report titled Faithful, Engaged, and Divergent: A Comparative Portrait of Conservative and Progressive Religious Activists in the 2008 Election and Beyond. Religion Dispatches accurately describes the study (based on extensive polling) as revealing few surprises. For example, the study concludes:

In terms of future public engagement, both conservative and progressive activists strongly emphasized the importance of being publicly visible and politically active. Conservative activists were more likely to emphasize the importance of prayer, whereas progressive activists were more likely to emphasize the importance of civility, pluralism, and social justice.

Christian Citizenship Applicant Protests Vaccination Requirement

Yesterday's Christian Post reports on Simone Davis, a 17-year old British citizen, who has been living with her grandmother in Florida since 2000. Now she is attempting to obtain U.S. citizenship, but objects on religious and moral grounds to the requirement that applicants for permanent residence show they have received a list of vaccinations, including Gardasil that protects against cervical cancer from sexually transmitted viruses. Simone and her grandmother (who teaches at a Christian school) applied for a waiver of the requirement, but were refused. Simone says that her Christian beliefs prohibit premarital sex, so she does not need the vaccine. Simone's grandmother says they cannot afford to appeal the waiver denial. Simone has been accepted to Pensacola Christian College in Florida for next year, but cannot attend unless she is a U.S. citizen.

City's Settlement of RLUIPA Lawsuit Leaves Challenged Ordinance In Effect

The city of Bellmead, Texas (under prodding from a federal judge as trial approached) is close to settling a RLUIPA lawsuit brought against it by the Church of the Open Door which was refused zoning permission to move its halfway house for released prisoners into a former nursing home building it had purchased. According to yesterday's Waco (TX) Tribune-Herald, a month after the church bought the former nursing home property for its House Where Jesus Shines ministry, the city passed a zoning law prohibiting halfway-house facilities within 1000 feet of any residence, school or public park. Under the settlement, which still has to be formally approved by City Council, the city will pay the Church damages of $550,000, but the zoning law will remain into effect and the Church will need to find a different location if it still wants to expand its operations. $250,000 of the settlement will be paid by the city's insurer. The city said its main concern is that the ordinance remain in effect.

EEOC Sues On Behalf of Jehovah's Witness Fired For Refusing Halloween Participation

Yesterday's Charleston Regional Business Journal reports that the EEOC has filed a religious discrimination lawsuit against the former owner of an ambulance company that was based in Orangeburg, South Carolina. The EEOC alleges that in 2006 the company fired a Jehovah's Witness employee who refused on religious grounds to represent the company at a local Halloween carnival. The lawsuit seeks back pay, damages, reinstatement and an injunction against future discriminatory practices.

10 Commandments on City Hall Property Is Problematic

A new molded concrete depiction of the Ten Commandments has gone up on the city-owned Veterans Plaza next to the city building in Baker, Louisiana. According to the Baton Rouge (LA)Advocate last week, both this monument and an identical one nearby on the grounds of the Baker First Baptist Church face the Baker High School campus across the street. The monument on city property, as well as installation costs, were paid for personally by former city councilman A.T. Furr. Mayor Harold Rideau did not consult with the city attorney first, and city council never formally approved the installation. Instead it was approved informally "by word of mouth." Rideau said: "We’re a Christian-based community." Former councilman Furr says the monument is constitutionally acceptable because it is in a park that pays tribute to veterans, but City Attorney Ron Hall says that if it was put up with knowledge of city officials, it is probably illegal. [Thanks to Bob Ritter for the lead.]

Teens Sue After Ejection From Stadium For Refusing To Stand During "God Bless America"

The Newark (NJ) Star-Ledger last week reported on a federal lawsuit filed by three high school students against Thomas Cetna, owner of the minor league baseball team, the Newark Bears. The students claim that Cetna cursed them and had security officers eject them from the stadium when they refused to stand during the 7th inning stretch while "God Bless America" was being sung. Plaintiffs argue that Cetna's actions violated their Constitutional rights, as well as their rights under federal and state statutes barring discrimination in public accommodations. The suit was filed on behalf of the students by the father of one of them who is an attorney.

Proposed Landmark Law Would Protect Church Slated For Closing

The Cleveland, Ohio Catholic Diocese has ordered fifty churches to close by next Summer as part of a downsizing plan. However the city of Lakewood is about to pass an ordinance to limit the impact of the closing on historic and ornate St. James Church. Yesterday's Cleveland Plain Dealer reports that the city of Lakewood is about to enact an historic landmark law that will ban tearing down or gutting the interior of buildings designated as historic or cultural landmarks. The city will then move quickly to give St. James that designation.

3rd Circuit Hears Oral Arguments On School Holiday Concert Policy

The U.S. 3rd Circuit Court of Appeals yesterday heard oral arguments in Stratechuk v. Board of Education, South Orange Maplewood School District. In the case, a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. (See prior posting.) The New York Times, reporting on yesterday's arguments, quoted attorney Robert Muise who represented those challenging the school's policy. He thinks the 3rd Circuit panel is not sympathetic to the challenge.

Goa Rejects Christian Requests For Burial Grounds

In the Indian state of Goa, Christian leaders are criticizing a statement made by the mayor of the Corporation of City of Panjim. Today's Times of India reports that in rejecting applications of various religious groups for burial grounds in the city, Mayor Carolina Po declared: "The corporators feel that people who have converted to other religious sects should ask those people who led them to convert to provide them with burial grounds also." Christian pastors argue that all citizens should have the right to be buried.

Advocacy Group Launching Campaign To Encourage Religious Speech On Public Campuses

Arizona Republic's Livewire Blog reported yesterday that Alliance Defense Fund is using a $9.2 million anonymous donation as the catalyst to launch its $20 million "University Project." The Project is a legal campaign to get public colleges and universities to encourage religious speech on campuses.

Paper Reports On Parallel Orthodox Jewish Social Service System

Saturday's Asbury Park (NJ) Press reports on the parallel system of social services maintained by the large Orthodox Jewish community in Lakewood, New Jersey:

With their own judicial order, ambulance brigade, civilian patrol, school system and political force, Orthodox Jews here live, in large part, in a parallel society, with dual public services mirroring those municipal bodies that officially govern. When they collide, controversy is often sparked.

[Thanks to Steven H. Sholk for the lead.]

Religious Homeless Shelter and Treatment Program Not Limited By Fair Housing Act

In Intermountain Fair Housing Council v. Boise Rescue Mission Ministries, 2009 U.S. Dist. LEXIS 82459 (D ID, Sept. 10, 2009), an Idaho federal district court held that the homeless shelter component of the Boise Rescue Mission is not a "dwelling" and therefore is not subject to the religious anti-discrimination provisions of the federal Fair Housing Act. It also held that both in the homeless shelter and in the Rescue Mission's second component-- a residential recovery program for individuals with drug or alcohol dependency-- the Religious Freedom Restoration Act bars application of the Fair Housing Act to prohibit the Rescue Mission's religious activities or religious favoritism of certain participants. Plaintiffs in the case challenged preferential treatment of homeless shelter residents who participated in the shelter's religious programs, and and also complained of required participation in Christian religious activities for those in the New Life Discipleship/Recovery Program. Expanding on its RFRA holding, the court wrote:

The court ... finds the following to be core ecclesiastical matters with which the government may not interfere: a religious organization's teaching, preaching, and proselytizing to individuals on its own property; a religious organization's preferential treatment of guests on its property who attend religious services; a religious organization's limiting participation in a residential addiction recovery program to individuals who are or who wish to be of the same faith; and a religious organization's imposing requirements that guests and residents on its property attend and/or participate in religious services and activities.

Recent Articles of Interest

From SSRN:

• Wilbren Van der Burg & Frans W.A. Brom, In Defense of State Neutrality, (in: K.P. Rippe (Hrsg.), Angewandte Ethik in der Pluralistischen Gesellschaft, Freiburg, CH: Freiburger Universitätsverlag, 53-82).

From SmartCILP and elsewhere:

• Brooke Goldstein & Eitan Meyer Aaron, "Legal jihad": How Islamist Lawfare Tactics are Targeting Free Speech, 15 ILSA Journal of International & Comparative Law 395-410 (2009).
• Eugene K.B. Tan, From Clampdown to Limited Empowerment: Soft Law in the Calibration and Regulation of Religious Conduct in Singapore, 31 Law & Policy 351-379 (2009).
• I.CON Debate! on The Crisis of the Secular State, Article by Lorenzo Zucca; response by Andras Sajo. 7 I.CON: International Journal of Constitutional Law 494-528 (2009).
• Journal of Law and Religion, Vol. XXIV, No. 2, 2008-09 has recently appeared.

Suit Challenging Star of David In US Supreme Court Dismissed As Frivolous

In Smith v. Roberts, (IN Ct. App., Sept. 8, 2009), an Indiana state Court of Appeals rather easily dismissed as frivolous an unusual lawsuit filed by an Indiana resident against U.S. Chief Justice John Roberts. According to the court, plaintiff's "complaint alleges there is a Star of David carved into the Supreme Court building and 'alleges that Roberts has acted negligently in his officials [sic] duties by allowing and continuely [sic] establishing, advocating, and advancing the Jewish religion in violation of the First Amendment to the United States Constitution of America [sic].'" The Indiana appellate court said that plaintiff had essentially conceded that relief was not available under either the Federal or Indiana Tort Claims Acts, the statutes he had invoked. At any rate, the court said, it could not grant relief against the U.S. Supreme Court.

Court Blocks Release of Names of Referendum Petition Signers

In Washington state, a group called Protect Marriage Washington obtained enough signatures on petitions to place Referendum-71 on this fall's ballot. The Secretary of State certified the referendum earlier this month. It seeks to overturn SB 5688, Washington's recently-enacted domestic partnership law. Two groups supporting gay rights, Whosigned.org and KnowThyNeighbor.org sought copies of the referendum petitions under Washington's Public Records Act, intending to post on the Internet the name and address of every petition signer, apparently with the intent to get gay rights supporters to contact the signers to complain. In John Doe #1 v. Reed, (WD WA, Sept. 10, 2009), a Washington federal district court granted a preliminary injunction against any public release of documents showing the names and contact information of individuals who signed petitions. The court concluded:

Plaintiffs have established that it is likely that supporting the referral of a referendum is protected political speech, which includes the component of the right to speak anonymously.... In light of the State’s own verification process and the State’s own case law, at this time the Court is not persuaded that full public disclosure of referendum petitions is necessary as "an important check on the integrity of the referendum election process." ... Therefore, the Court finds that Plaintiffs have established that it is likely that the Public Records Act is not narrowly tailored to achieve the compelling governmental interest of preserving the integrity of the referendum process.

AP reported on the decision on Friday. According to Friday's Seattle Times, Washington's Attorney General will appeal the decision to the 9th Circuit.

Recent Prisoner Free Exercise Cases

In Searles v. Werholtz, 2009 U.S. Dist. LEXIS 79719 (D KS, Sept. 2, 2009), a Kansas federal district court granted a prison food service provider's motion for summary judgment, finding that plaintiff had not produced evidence he was denied a properly prepared kosher diet.

In Sosa v. Lantz, 2009 U.S. Dist. LEXIS 79677 (D CT, Sept. 2, 2009), a Connecticut federal district court, finding little likelihood of success on the merits, refused to grant a preliminary injunction to an inmate who alleged that authorities forced him "to participate and support the Muslim religion" by assigning him to a cell with a Muslim prisoner who prayed aloud five times each day.

In Henderson v. Kennell, 2009 U.S. Dist. LEXIS 80752 (CD IL, Sept. 4, 2009), an Illinois federal district court rejected an inmate's claim that his free exercise rights were violated when the prison chaplain refused to permit him to change his religion from Christianity to Al-Islam, after previously changing it from Al-Islam to Christian. the court held that the prison: "has obvious reasons for preventing inmates from switching religions frequently and without following the specified rules. Correctional facilities have limited resources and must be able to plan on the number of inmates who may participate in religious services and holidays as well as those which require a specific religious diet."

In Collins v. Sisto, 2009 U.S. Dist. LEXIS 81318 (ED CA, Sept. 8, 2009), a federal magistrate judge permitted plaintiff to move ahead with his claim that his First Amendment rights were violated when prison authorities refused to provide him, as a Muslim, with kosher instead of vegetarian meals. However the court held that defendants had qualified immunity as to the same claim under RLUIPA because at the time it was not clearly established that RLUIPA guaranteed this right.

In Mouton v. Gold, 2009 U.S. Dist. LEXIS 81928 (ED OK, Sept. 9, 2009), an Oklahoma federal district court held that jail officials did not violate plaintiff's free exercise rights when they refused to provide him a copy of the Qur'an that he wanted not because he was a Muslim, but simply because he had a general interest in reading it.

In Thornton v. Hill, 2009 U.S. Dist. LEXIS 81651 (WD OK, May 27, 2009), an Oklahoma federal magistrate judge allowed a pre-trial detainee to move ahead with his complaint that authorities confiscated two Bibles and other Christian literature from his cell.

In Slice v. Ferriter, 2009 U.S. Dist. LEXIS 81934 (D MT, May 27, 2009), a prisoner complained she was required to participate in a faith-based "Therapeutic Community" program. A Montana federal magistrate judge recommended that the claim be dismissed because plaintiff had already lost her challenge on the same matter before the Montana Human Rights Bureau and had failed to appeal that decision.

British Court Allows Appeal of Order Barring Church's Anti-Gay Ad

In Belfast, Northern Ireland, the Sandown Free Presbyterian Church has been granted permission by a High Court judge to appeal a ruling against it issued in April by the U.K.'s Advertising Standards Authority. According to yesterday's Belfast Telegraph the court concluded that ASA order may have infringed the church's rights to religious belief and freedom of expression. At issue is an ad taken out by the church in the Belfast News Letter objecting to last year's gay pride parade. It was captioned: "The Word of God Against Sodomy." ASA ruled that the ad should not appear again in its current form because it violated a provision of Britain's advertising code that bars ads likely to cause serious or widespread offence on the basis of sexual orientation. The court, however, urged both sides to seek a compromise, saying: "It would seem there's not a great deal of change required in the wording and tone, perhaps, in order to meet the objections made by the ASA."

India's Supreme Court Orders Reconsideration of Decision on School's No-Beards Policy

On Friday, a two-judge panel of India's Supreme Court ordered reconsideration of a decision on enforcement of a Catholic schools' grooming policy that was handed down by a different panel of the Court in March (see prior posting). At issue is a Muslim student's challenge to his dismissal from Nirmala Convent Higher Secondary School because he refused to shave his beard. According to yesterday's The Hindu, the new decision stayed the school's order dismissing Mohammad Salim, saying that the order "needs to be reviewed afresh as the core issue of a Muslim's right to sport a beard as guaranteed by Article 25 of the Constitution [right to practise and profess one’s religion] was violated by the school." The Court's earlier oral decision was controversial because of comments by Justice Markandey Katju who said: "We don't want to have Taliban in the country."

Moves Seek Return of 17-Year Old Convert To Ohio

Extensive press attention has been given to the case of 17-year old Rifqa Bary who last month fled her home near Columbus, Ohio after converting from Islam to Christianity. A Florida court ordered that Rifqa remain in temporary foster care with the Christian family with whom she has been placed while the Florida Department of Law Enforcement investigates her allegations that her father threatened to kill her because of her conversion. (See prior posting.) Now, however, it appears that Ohio authorities would like Rifqa returned to their jurisdiction. A spokesperson for Ohio Gov. Ted Strickland said on Friday that the Governor believes the case should be handled by Ohio authorities. (AP) In what appears the first step toward obtaining Rifqa's return to Ohio, her parents filed a complaint in court in Columbus, Ohio charging Rifqa with being incorrigible. (UPI). The complaint says that Rifqa cut school and disappeared from home before fleeing by bus to Florida.

Lame Duck Hardliners In Indonesian Province Press For Strict Sharia Criminal Code

From the Brisbane Times, ABC News and the Jakarta Post this week we piece together the following story. In Indonesia's province of Aceh in 2005, separatist rebels and the government signed a peace accord after 29 years of conflict. (Background.) Four years earlier, the government had granted broad elements of autonomy to the province which proceeded to adopt a code partially enforcing Islamic law. This past April, however, the secular Partai Aceh (the former independence fighters) won elections and will take control of the legislative council in a few weeks. It wants to repeal portions of the province's Islamic code, which has been enforced with less rigor in recent years. However religious fundamentalists are attempting to get the lame duck legislature to enact a new jinayat, or strict Islamic criminal law, before they finally leave office. Apparently a vote will be held in the legislative council on Monday.

The jinayat covers consumption of alcohol, gambling and rape. However the greatest attention has been given to its punishments for adultery. Unmarried couples would receive 100 lashes with a cane, while married adulterers would be stoned to death. Now though opposition is growing to the death penalty for married adulterers from government officials. The new law would also punish those who give assistance to others violating the sharia law on adultery, such as beauty salons, motels or hotels.

Dawkins, Armstrong Debate Evolution and God In the Wall Street Journal

Under the caption Man vs. God, today's Wall Street Journal publishes a lengthy and interesting exchange between biologist Richard Dawkins and religious historian Karen Armstrong on evolution and the existence of God. Here is an excerpt from Dawkins article:

Making the universe is the one thing no intelligence, however superhuman, could do, because an intelligence is complex—statistically improbable —and therefore had to emerge, by gradual degrees, from simpler beginnings: from a lifeless universe—the miracle-free zone that is physics....

Where does that leave God? The kindest thing to say is that it leaves him with nothing to do, and no achievements that might attract our praise, our worship or our fear. Evolution is God's redundancy notice, his pink slip. But we have to go further. A complex creative intelligence with nothing to do is not just redundant. A divine designer is all but ruled out by the consideration that he must at least as complex as the entities he was wheeled out to explain. God is not dead. He was never alive in the first place.

Here is an excerpt from Armstrong's response:

Most cultures believed that there were two recognized ways of arriving at truth. The Greeks called them mythos and logos. Both were essential and neither was superior to the other; they were not in conflict but complementary, each with its own sphere of competence. Logos ("reason") was the pragmatic mode of thought that enabled us to function effectively in the world and had, therefore, to correspond accurately to external reality. But it could not assuage human grief or find ultimate meaning in life's struggle. For that people turned to mythos, stories that made no pretensions to historical accuracy but should rather be seen as an early form of psychology; if translated into ritual or ethical action, a good myth showed you how to cope with mortality, discover an inner source of strength, and endure pain and sorrow with serenity.

In the ancient world, a cosmology was not regarded as factual but was primarily therapeutic; it was recited when people needed an infusion of that mysterious power that had—somehow—brought something out of primal nothingness: at a sickbed, a coronation or during a political crisis..... The Genesis creation hymn, written during the Israelites' exile in Babylonia in the 6th century BC, was a gentle polemic against Babylonian religion. Its vision of an ordered universe where everything had its place was probably consoling to a displaced people....

Religion was not supposed to provide explanations that lay within the competence of reason but to help us live creatively with realities for which there are no easy solutions and find an interior haven of peace; today, however, many have opted for unsustainable certainty instead. But can we respond religiously to evolutionary theory? Can we use it to recover a more authentic notion of God?

8th Circuit Says No Damage Claims Against States Under RLUIPA Prisoner Provisions

The U.S. 8th Circuit Court of Appeals has joined the 4th, 5th, 6th and 7th Circuits in holding that while RLUIPA's prisoner provisions are an appropriate use of Congress' spending power, states do not waive their sovereign immunity from damage claims under the Act by accepting federal prison funds. The 11th Circuit has taken the opposite position. In Van Wyhe v. Reisch, (8th Cir., Sept. 10, 2009), the court also held that the Civil Rights Remedies Equalization Act of 1986 (42 USC Sec. 2000d-7) which provides for the waiver of sovereign immunity by states for claims under any "Federal statute prohibiting discrimination by recipients of Federal financial assistance" does not apply to the institutionalized persons section of RLUIPA. The case involved claims by a Jewish inmate in the South Dakota State Penitentiary who wanted time and facilities to study Hebrew and who wanted to eat his meals outside in a sukkah during the Jewish holiday of Sukkkot.

In an amusing confusion of Hebrew terms, in denying plaintiff's request for an injunction giving him additional group study time to learn Hebrew, the court said: "his religion considers learning Hebrew to be a 'mikvah,' or 'good deed'." The court, of course meant "mitzvah". A "mikvah" is a ritual immersion pool. (See prior related posting.)

Suit Challenges Brooklyn Housing Project As Favoring Hasidic Residents of Area

The Brooklyn Paper reported yesterday on a state court lawsuit filed in New York by a coalition of forty excluded community groups in North Brooklyn claiming religious and racially discriminatory impacts from a proposed Broadway Triangle rezoning plan. The plan calls for converting 31 acres of former industrial land in East Williamsburg into a mixed-income community with much of the area reserved for below-market-rate housing. Two non-profit groups-- United Jewish Organizations of Williamsburg and Ridgewood Bushwick Senior Citizen Council-- were given no-bid contracts to develop the area.

There is a long history of tension between the Hispanic and Hasidic communities in the area. Plaintiffs claim that the Williamsburg Hasidic community has been the beneficiary of racial quotas despite federal court orders calling for an end to discriminatory practices. The waiting list for low-income housing is 90% Hispanic and African-American, while almost 50% of the 2,000 public housing units in the area are occupied by Hasidic Jews. (See prior related posting.) According to the New York Daily News, the lawsuit charges, among other things, that limiting buildings in the rezoned area to 8-stories favors Orthodox Jews who cannot ride elevators on the Sabbath, while taller buildings would create more housing. The rezoning project however does have support from both Catholic and Hasidic groups and from some politicians. The rezoning still has to be approved by the City Planning Commission. [Thanks to Steven H. Sholk for the lead.]

House Resolution Marks Today's Anniversary of 9-11

The House of Representatives on Wednesday marked today's anniversary of the 9/11 terrorist attacks by passing H. Res. 722 by a vote of 416-yes; 0-no; 18-not voting. The Resolution mourns and remembers those killed on that day. It also: "asserts, in the strongest possible terms, that the fight against terrorism is not a war on any nation, any people, or any faith," and "calls on all Americans to renew their devotion to the universal ideals that make the Nation great: freedom, pluralism, equality, and the rule of law."

CNN reports on other major events that will take place today to mark the anniversary-- memorial services in New York, Washington and Pennsylvania and a moment of silence at 8:46 a.m. (the time the first hijacked plane hit the World Trade Center) led by President Obama, Michelle Obama and White House staff on the South Lawn of the White House

Appeal To Utah Supreme Court Filed By FLDS In Trust Reformation Case

Yesterday's Salt Lake Tribune reports that five members of the FLDS Church, including two of its bishops, have asked the Utah Supreme Court to review a trial court ruling that refused to permit them to intervene in proceedings brought by Utah's Attorney General to reform the United Effort Plan trust. The trust holds lands of church members in Hildale, Utah; Colorado City, Ariz., and Bountiful, British Columbia. In In the Matter of the United Effort Plan Trust, trial court Judge Denise Lindberg held that potential beneficiaries of charitable trusts do not have a legally cognizable interest that permits them to assert claims. (See prior posting.) The petition for review, filed last month, argues that church members have an interest in the matter distinct from the public at large represented by the attorneys general of Utah and Arizona.

Ramdadan Brings Arrests For Eating In Egypt; Ridicule of Bachelors In Nigeria

For the first time this year, Egypt's Ministry of Interior has begun arresting those caught eating or drinking in public during Ramadan. Al Arabiya reported Wednesday that in the governorate of Aswan, 150 Egyptians were charged with the misdemeanor of publicly breaking the fast. Many others were arrested in the Red Sea resort town of Hurghada where the governor ordered all restaurants closed during the day. Human rights groups criticized the arrests. One lawyer also said that the ban on eating "in public" might not cover those eating in a restaurant or cafe, since they are a closed place not seen by everyone.

Meanwhile Al Arabiya yesterday reported on a rather unusual Ramadan activity in Nigeria that apparently has received official sanction. The country's mainly-Muslim city of Kano each Ramadan holds a carnival title "kamun gwauro" (meaning "bachelor catch" in the local Hausa language). The hereditary Nalako (bachelors' hunter), wearing amulets, an animal skin, woven shirt and cap wanders around the city with a noose looking for unmarried men. Bachelors who are found are paraded around with singing and drumming and are forced to dance and sing a "bachelor song" to embarrass them into taking a wife.

Admissions Criteria of British Jewish School Bend After Court Decision

Yesterday's London Jewish Chronicle reports that for the first time London's Jewish Free School has admitted a student who was not considered Jewish under Orthodox religious law as interpreted by the Office of Britain's Chief Rabbi. The student's mother was converted to Judaism by a rabbi from one of the non-Orthodox movements in Judaism. Earlier this year, Britain's Court of Appeal ruled that the school's traditional admission criteria amounted to unlawful racial discrimination, and said that publicly supported Jewish schools could favor Jewish students only if they base their selections on a student's faith, and not his or her ethnicity. (See prior posting.) The case is being appealed. (See prior posting.) Apparently the decision to admit this student was made after the student's parents appealed to an independent panel of the Brent Council, which is the school’s local authority. Unless the Court of Appeal decision is overturned, beginning next year Jewish schools will have to rewrite their admissions policies. Britain's United Synagogue says that parents who will need certificates of synagogue attendance for their children to show their Jewish faith should register at their local synagogue by next week. [Thanks to Rabbi Michael Simon for the lead.]

Chabad Group Sues Connecticut Town Over Zoning Refusal

Yesterday's Litchfield County (CT) Times reports that a RLUIPA lawsuit was filed in federal district court in Connecticut on Wednesday by Chabad Lubavitch of Litchfield County and its rabbi, Joseph Eisenbach, challenging the refusal by the town of Litchfield to allow Chabad to restore and add onto a Victorian house on the edge of the town's Historic District. Chabad wants to use the building as a synagogue, community center and classrooms. The proposed 21,000 square foot renovation would also contain living quarters for the rabbi, his family and guests, a mikveh, kitchens, offices and a swimming pool. (See prior posting.) The Historic District Commission says the size of the building would have overwhelmed the town's central historic district. But the lawsuit says that the zoning denial was motivated in large part by anti-Hasidic animus as reflected in a number of public statements by officials. The Hartford Courant says: "The lawsuit raises the specter of one of the most scenic villages in this wealthy state being accused of using its strict architectural standards to help it violate a group's right to practice its religion."

Britain Appoints First Jewish Civilian Chaplain For Military Forces

Britain's Ministry of Defence announced Tuesday that Rabbi Arnold Saunders has been appointed the first Jewish Civilian Chaplain to the British military. He will be responsible for serving Jewish personnel in all three branches of the military services. The Ministry says that some 130 Jewish personnel currently serve in the British armed forces, while other reports put the number at around 200. The British military in recent years has appointed only Christian chaplains as part of the regular Chaplains' corps, though the Jewish community has appointed an honorary chaplain and Jewish chaplains serve in the Territorial Army (the reserves). In 2005, the military appointed civilian chaplains to serve Buddhist, Muslim, Hindu and Sikh members of the armed forces. (Background). YNet News has more on Rabbi Saunders appointment. [Thanks to Joel Katz (Relig & State in Israel) for the lead.]

Plea Deal Entered In Charges of Importation of Monkey Parts

Yesterday's Staten Island (NY) Advance reports that a plea deal in federal court in New York brings to a conclusion the 3-year old case against Liberian native Mamie Manneh who had been charged with importing parts of endangered African primates without the permit required by the Convention on International Trade in Endangered Species and failing to disclose to border officials the true nature of the product she was importing. In a decision last year, the court rejected Manneh's free exercise defense to the charges, concluding that her religious claims were not sincere. (See prior posting.) On Tuesday, Manneh pled guilty to smuggling illegal monkey parts ("bushmeat") into the U.S. Manneh has been on parole since last October in an unrelated case in which she was convicted of running over her husband's girlfriend in a parking lot.

Suit Challenges Mississippi's Use of Religious Themes In Abstinence Teen Summits

The ACLU of Mississippi yesterday announced that it has filed a federal lawsuit seeking to end religious messages that are part of state-sponsored and state-funded "abstinence-only-until-marriage" programs. The complaint (full text) in Robinson v. Thompson, (SD MI, filed 9/9/2009), alleges that an annual teen summit held by the state to promote National Teen Pregnancy Prevention Month has featured Christian prayer, religious themes and overtly Christian comments as part of speakers' presentations. For example, this year's Summit featured a lengthy presentation about the Ten Commandments from Adams County (MS) Court Judge John N. Hudson. The lawsuit seeks a declaratory judgment that these practices violate the Establishment Clause, an injunction and a return to the federal government of any federal funds used to pay for the annual teen summits.

Finland Convicts City Council Member for Anti-Islam Blog Posting

A trial court in Helsinki, Finland has convicted Jussi Halla-aho, a member of Helsinki's City Council, of violating the sanctity of religion through an anti-Islamic posting on his blog last June. Today's Helsingin Sanomat reports that the court fined Halla-aho 330 Euros. The posting at issue claimed that Islam sanctifies pedophilia and that the Prophet Muhammad was a pedophile because he had an underage wife. The court however acquitted Halla-aho of another charge of incitement against an ethnic group, finding that an anti-Somali posting was an attempt at satire. Halla-aho-- who commented on his sentence and repeated his statements on an Internet bulletin board-- plans to appeal.

Muslim Prayer Rally Planned For D.C.; Some Christians Object

A New Jersey mosque is organizing a national prayer rally in Washington, DC on Sept. 25. Hassen Abdellah, president of Dar-ul-Islam mosque, expects 50,000, mostly Muslims, from around the country to attend the event on Capitol Hill whose focus will be a Friday prayer service at 1:00 p.m. Organizers though have a permit for access to the West Front of the Capital for the full day. Reporting last week on the planned event, the Newark Star-Ledger says that the event is not political. Abdellah says: "This is not a protest. Never has the Islamic community prayed on Capitol Hill for the soul of America. We're Americans. We need to change the face of Islam so people don't feel every Muslim believes America is 'the great Satan,' because we love America."

Apparently some Christians are objecting to the planned Muslim rally. Charisma Magazine yesterday reported on an e-mail circulating virally on the Internet from Mosy Madugba, head of Spiritual Life Outreach in Port Harcourt, Nigeria, calling for Christians to use prayer to oppose Islam's growing influence in the U.S. He ask Christians to fast from midnight on Sept. 25 until the Muslim prayer event ends at 7:00 p.m. His letter says in part: "It is warfare time. Do not joke with this. If Christians fail to frustrate this game plan in the spirit, you will regret the outcome."

Poll On Views of Religious Similarities and Religious Discrimination Released

The Pew Forum yesterday released a poll of Americans' views of religious similarities and differences. 65% of those surveyed say that Islam is either very different or somewhat different from their own religion. 58% of those surveyed view Muslims as being subject to much discrimination. 45% say Islam is no more likely than other religions to encourage violence, and 45% say they personally know someone who is Muslim. The full survey also asks about perceptions of various other religious traditions. 19% of all those surveyed, and 24% of white Protestant evangelicals, say that they think of themselves as part of a religious minority. A Time Magazine article discusses the poll results.

City Council Substitutes Pledge of Allegiance For Prayer

The Freedom from Religion Foundation continues to write to city councils around the country objecting to their opening their sessions with sectarian prayers, and the cities continue to respond in various ways. In Tehachapi, California on Tuesday, City Council opened its meeting with recitation of the Pledge of Allegiance instead of the usual prayer. KERO News reports that the change was implemented after a letter from FFRF charged that "prayers currently given during the Council meeting impermissibly advance Christianity." Council member Ed Grimes said, "First and foremost, we need to protect the city from litigation..." Conservative candidate for state assembly, Ken Mettler, however charged FFRF with relying on intimidation: "they like to bully some of the smaller cities, but they've picked on the wrong small city.... [W]e like our heritage, and they're messing with the wrong folks here."

Maryland Town Will Buy Land In Religious Bias Settlement

Today's Frederick (MD) News-Post reports that the town of Walkersville, Maryland has agreed in general on a settlement in a lawsuit against it brought by the owners of land that the Ahmadiyya Movement of Islam had hoped to buy to construct a mosque. In the lawsuit the seller alleged that his sale of the land was blocked by government officials and private citizens in concerted actions motivated by anti-Muslim hostility. A March 2009 federal court decision allowed plaintiff to proceed with most of his claims. (See prior posting.) Under the settlement-- which has not yet been reduced to writing or signed-- the city will purchase the land from owner David Moxley for $4.7 million. At the Walkersville town council meeting tonight, an ordinance will be introduced to appropriate the funds, and a public hearing on the settlement is scheduled for Sept. 23.

USCIRF Faces Some Opposition In Congress

The Washington Post yesterday reports that the U.S. Commission on International Religious Freedom could disappear in 2011 when its current authorization sunsets. Earlier this year the Commission survived attempts to cut its funding as some in Congress think other approaches to international religious freedom would be more productive. Some sources say there is friction among Commission members. USCIRF however also has its defenders and its new chairman, Leonard Leo has been making the agency's case to influential members of Congress.

Lawsuit Seeks To Halt Baptist Group's National Election

In Washington, D.C. yesterday, Rev. Henry J. Lyons of Tampa, Florida filed a lawsuit attempting to enjoin Thursday's scheduled election for president of the National Baptist Convention USA-- the oldest and largest predominantly Black religious denomination in the U.S. The election is being held in connection with the Convention's Annual Session in Memphis. AP reported yesterday on the move by Lyons who was forced out as president of the denomination in 1999 after he was charged with stealing for personal use some $4 million of the church group's funds. He was convicted and served nearly 5 years in prison. An earlier AP story has more background on Lyon's run for office. Lyons' lawsuit claims that the denomination's new bylaws governing who can vote in the election violate its constitution.

UPDATE: AP reports that at a hearing on Wednesday, D.C. Superior Court Judge Jeanette J. Clark denied Lyons motions for a temporary restraining order and a preliminary injunction. This allows the election to proceed as scheduled on Thursday. The judge concluded there is no conflict between the Convention's bylaws and constitution, and that Lyons waited until the "last minute" to raise issues regarding election procedures.

UPDATE2: Press of Atlantic City reports that Delegates at the annual meeting of the National Baptist Convention USA on Thursday elected Rev. Julius R. Scruggs as president, defeating Rev. Henry Lyons, by a vote of 4,108 to 924.

California Legislature Orders More Police Training On Dealing With Sikh Kirpan

Last week, the California legislature passed and sent to the Governor for his signature AB 504 mandating additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. Yesterday's Oakland Tribune says that Sikhs have been arrested for wearing the kirpan-- a ceremonial dagger-- by officers who approach them in a disrespectful way and assume they have been involved in a crime. The bill requires the Commission on Peace Officer Standards and Training to develop training material on recognizing and interacting with Sikhs possessing articles of faith. The updated training material is to include "the alternatives to arrest and detention that have been successfully used by law enforcement officers when contacting a Sikh carrying a kirpan with a benign intent and in accordance with an integral part of his or her recognized religious practice." Around 100,000 Sikhs live in the San Francisco Bay area.

Arizona Supreme Court Rejects Free Exercise Defense To Marijuana Charges

In State of Arizona v. Hardesty, (AZ Sup. Ct. Sept. 8, 2009), the Arizona Supreme Court rejected an atempt by a member of the Church of Cognizance to raise a defense under Arizona's Free Exercise of Religion Act to prosecution for possession of marijuana. Marijuana is a sacrament of the church, and defendant claimed an unlimited religious right to use it anywhere in any quantity. The court held that the state's total ban on marijuana is the least restrictive means to carry out its compelling interest in protecting health, its interest in protecting against the threat to safety that arises from marijuana trafficking and its interest in preventing driving while under the influence of drugs. AP yesterday reported on the decision.

9th Circuit: It Was OK To Ban Ave Maria From High School Graduation Ceremony

In a 2-1 decision yesterday in Nurre v. Whitehead, (9th Cir., Sept. 8, 2009), the U.S. 9th Circuit Court of Appeals held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. Responding Judge Smith's dissent, the majority in an opinion written by Judge Tallman said:

... [W]e do not seek to remove all religious musical work from a school ensemble's repertoire. Nor do we intend to substantially limit when such music may be played. We agree ... that religious pieces form the backbone of the musical arts. To ignore such a fact would be to dismiss centuries of music history. Instead, we confine our analysis to the narrow conclusion that when there is a captive audience at a graduation ceremony, which spans a finite amount of time, and during which the demand for equal time is so great that comparable non-religious musical works might not be presented, it is reasonable for a school official to prohibit the performance of an obviously religious piece.

Bay City News yesterday reported on the decision.

Magistrate Says Remove "Five Percenters" From Prison "Security Threat Group" List

The Nation of Gods and Earths / Five Percenters (NGE) -- an offshoot group of the Nation of Islam -- is classified by many prison systems as a Security Threat Group (STG). (Background.) Last month in Hardaway v. Haggerty, (ED MI, Aug. 17, 2009), a Michigan federal magistrate judge recommended that the STG designation be removed from the group. Magistrate Judge R. Steven Whalen said that the crucial issue in the case is whether NGE is a "religion" or merely a "secular gang." Finding on the basis of competing expert testimony that NGE fits the definition of a religion, he went on to apply the struct scrutiny test of RLUIPA to the burden placed on NGE adherents by the designation and by the concomitant prison ban on all the group's publications. Finding that the STG designation was based on the group's racialist ideology which is religious in nature, he concluded that "outlawing the entire religion and imposing a total ban on the group’s publications does not further an otherwise compelling state interest in prison security." AP today reported on the decision.

Defiant Sudanese Journalist Sentenced For Wearing Pants

In Khartoum, Sudan yesterday the high profile trial of a defiant woman journalist who is challenging the country' sharia-based laws relating to dress requirements resumed. (See prior posting.) The Los Angeles Times reports that journalist Lubna Ahmed al-Hussein was convicted of public indecency for wearing pants at an outdoor cafe. At her trial Hussein wore the same pants. After the conviction, the judge, instead of sentencing defendant to the expected 40 lashes, merely imposed a fine of $200. Hussein however refused to pay and was then sentenced to a month in jail. When she was charged, Hussein worked for the United Nations. Wanting to make a public issue of Sudan's laws, she resigned so that her case would not be dismissed on immunity grounds. She also sent e-mail invitations to journalists and diplomats asking that they attend her sentencing. Not surprisingly, Hussein's lawyer says that the conviction will be appealed to Sudan's Supreme Court.