Sex Offender Challenging NC Law Barring Church Attendance Near Child-Care

Yesterday's Charlotte (NC) Observer reports that James Nichols, a sex offender who has completed his prison sentence, has enlisted the ACLU to help him challenge a North Carolina law barring registered sex offenders from being within 300 feet of a school, playground, day care or children's museum. The law took effect last December. Nichols was arrested by a Chatham County sheriff's deputy in March for attending Moncure Baptist Church, where he had disclosed his past to the pastor. The church has a child-care facility on premises.

Nichols also faces a second charge because he was staying with a friend who later took a 14-year old girl into her home. Nichols has now moved to Sanford where police officials allow him to attend Try Jesus Ministries, even though the church has children's programs.

A coalition of psychologists and social workers are supporting a bill in the North Carolina legislature that would allow sex offenders to attend adult programs at churches if they have written permission from church leaders. Many think churches can play an important role in rehabilitating sex offenders. However Sen. David Hoyle who sponsored the existing sex offender law says: "As far as I'm concerned, they've lost all their rights -- to go to church ... to go to McDonald's to get a cheeseburger if they've got the slides."

Group Opens San Francisco Office, Calling Area Hostile To Religious Liberty

The Pacific Justice Institute has opened a new office in Oakland, California to serve the San Francisco Bay area. Yesterday's San Franciso Business Times interviewed Kevin Snider who will head the office. Snider said: "The San Francisco region is without a doubt one of the most hostile places in the country toward religious liberties and values." PJI's website says it focuses on religious freedom issues such as "curtailments to evangelism by the government, ... students and teachers rights to share their faith at public schools [, and] ... the rights of parents ... to homeschool, review and have notice of public school curriculum and presentations, and opt out their children from objectionable material...."

2010 Census Again Will Not Count Overseas Mormon Missionaries

Sunday's Salt Lake (UT) Tribune reported that, as in past years, the 2010 census will not count the estimated 11,000 Mormon missionaries living overseas. The only individuals not in the U.S. who are counted by the census are federal civilian and military personnel and those on merchant vessels. A test in 2004 to determine the feasibility of counting other Americans overseas was unsuccessful. The issue is of great concern to the state of Utah. In the 2000 census, it would have been entitled to an additional seat in the House of Representatives if it had 857 more people. Instead that seat went to North Carolina, home of many military bases. Utah's court challenges to census procedures have failed. Utah v. Evans (Sup. Ct. 2002). Only Congressional legislation can change the Census Bureau's decision, and that is unlikely in time for next year's census. An alternative approach was part of the proposal earlier this year to give the District of Columbia a voting representative in the House of Representatives. The bill (S. 160) would also have awarded an additional seat to Utah. That bill, however, stalled in the House over attempts by some in Congress to use the bill to also invalidate most of D.C.'s firearms regulations. (Background.)

US Catholic Bishiops Unveil Health Care Reform Website; Oppose Abortion Coverage

The U.S. Conference of Catholic Bishops has created a new website on Health Care Reform. Zenit yesterday reported that the site includes letters from bishops to Congress, videos, statistics, FAQ's , and links to legislators. While the bishops view health care as a basic right, they raise concerns that it not become a vehicle for promoting abortion rights or reversing the present ban on federal funding of abortions. A letter on the website from Philadelphia's Cardinal Justin Rigali raises questions regarding the House bill, arguing that its provisions for individuals to pay an additional premium for plans that cover abortions has merely created a "legal fiction."

Sri Lanka Proposes Ban On Religious-Themed Political Parties

In Sri Lanka, in the wake of the government's victory in May in its 25-year civil war with the Tamil Tigers, President Mahinda Rajapaksa has proposed changes in the country's Parliamentary Elections Act. Aiming at small and regional political parties, he has proposed a ban on political parties whose names signify an ethnic or religious group. The Island today reports that the proposal calling for the Election Commissioner to deny legal recognition to such parties is an attempt to create a national identity in the multi-ethnic, multi-religious country.

Salvation Army Drug Treatment Employee Is Not State Actor

In Cain v. Caruso, 2009 U.S. Dist. LEXIS 70009 (ED MI, Aug. 11, 2009), a Michigan federal district court adopted the recommendations of a magistrate judge in lawsuit filed by a parolee who failed to complete his drug treatment program that was a condition of his parole. The magistrate judge, at 2009 U.S. Dist. LEXIS 71692 (July 23, 2009), recommended that defendant Margaret Tursak be found not to be a "state actor" in her position with a faith-based drug treatment program operated by the Salvation Army. Defendant Tursak separately raised the defense of qualified immunity. The magistrate judge rejected that defense, finding that the policies underlying qualified immunity do not extend to staff employed by a private drug treatment center.

Tensions Increase This Summer In Catskills Between Hasidim and Locals

Last week the Forward carried an article detailing tensions in Sullivan County, in New York's Catskill Mountains, between local residents and the Skver Hasidim, a Orthodox Jewish sect currently based in New Square, New York. In 2006, the Skvers bought the 450-acre former Homowack property which they initially operated as a summer resort for their members and operated this summer as a girls' camp. In 2007 the Skvers announced plans to invest tens of millions of dollars to turn the property into a new town, Kiryas Skver, as "a twin community to the current shtetl" of New Square which the group is outgrowing. The Skvers' purposely isolate themselves from outside culture to devote themselves to "traditional Torah values." This summer, however, the girls' camp that the Skvers were operating on the Homowack site was cited for numerous safety violations and ordered closed down by the Department of Health. The camp closed on Aug. 9. The Skvers were also charged by the Department of Environmental Conservation over an oil spill, and have a large back tax bill for failing to pay hotel occupany taxes in 2007 and 2008. All of this has increased tensions between the largely non-Jewish year-round residents of Sullivan County and the tens of thousands of Hasidim who visit the area each summer.

Pagan Group's Right To Use Park For Ceremony Is Questioned

KERO News yesterday reported on a confrontation of sorts that occurred in a Bakersfield, California park last week when a group of pagans chose the park to use for their harvest ritual. Ravens Folk Kindred, a group of Odinists, apparently frightened neighbors as they raised their tattooed arms into the air. Some of the onlookers thought they were white supremacists giving the Nazi salute. A park ranger and two sheriff's deputies arrived to investigate and initially told the group that they were breaking no laws. But later the ranger with 5 deputies returned to Standard Park and ordered the group to leave.

Appeal Filed In Challenge To Texas Agency's Neutrality on Creationism

Earlier this Spring, an appeal was filed with the U.S. 5th Circuit Court of Appeals in Comer v. Scott. In the case the district court had rejected an Establishment Clause challenge to a policy of the Texas Education Agency (TEA) that required its Director of Science to remain publicly neutral regarding the teaching of creationism. The Director, Christina Comer, was fired for forwarding to two listservs and seven science educators an announcement about an anti-Creationism talk that was being presented in Austin. (See prior posting.) In her appellate brief filed with the 5th Circuit on Aug. 5 (full text), Chris Comer argues that TEA's policy of equating creationism with science violates the Establishment Clause. The National Center for Science Education last week reported on the appeal.

Idaho Charter School Barred From Using Bible As Textbook

The Idaho Public Charter School Commission on Friday ruled that an Idaho charter school cannot use the Bible as one of its textbooks, according to the Idaho Press-Tribune. The Nampa Classical Academy had planned to use the Bible and other religious texts, but not to teach religion. The Commission said that Idaho's constitution expressly limits the use of religious texts. Art. IX, Sec. 6 of the state's constitution provides: "No books, papers, tracts or documents of a political, sectarian or denominational character shall be used or introduced in any schools established under the provisions of this article...." The Alliance Defense Fund had filed a legal memorandum with the Commission arguing that the drafters of the Idaho constitution had not intended to preclude use of the Bible in schools. It argues that the framers did not consider the Bible to be a "sectarian" book. [Thanks to Blog from the Capitol for the lead.]

Nigerian Police Remove Muslim Sect Members From Compound

Concerned about a repeat of religious violence that occurred last month (see prior posting), authorities in Nigeria yesterday raided the compound of a Darul Islam sect in the central state of Niger and removed some 4000 members. AFP reported yesterday that 1500 police from Abuja carried out the operation after state officials expressed concern that the existence and activities of the sect in the town of Mokwa could cause a "religious crisis." The sect members were taken to a technical college building for questioning. Members of the sect did not resist and no weapons were found.

Recent Articles of Interest

From SSRN:

• Steven Douglas Smith, The Establishment Clause and the 'Problem of the Church', (San Diego Legal Studies Paper No. 09-024, Aug. 5, 2009).
• Roberta F. Mann, Is Sharif's Castle Deductible?: Islam and the Tax Treatment of Mortgage Debt, (William & Mary Bill of Rights Journal, Vol. 17, pp. 1139-1169, 2009).
• Lauren E. Schroeder, The Rights of Muslim Women in the Middle East: A Pathfinder, (Islamic Law and Law of the Muslim World Paper No. 09-68, May 18, 2009).
• Aminu Adamu Bello, Binding Precedent and Shari'a/Islamic Law in Nigeria: An Attempt at a Civil-Criminal Distinction, (Islamic Law and Law of the Muslim World Paper No. 09-67, May 1, 2009).
• Paul Finkelman, School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities, (2008 Brigham Young University Law Review 525).
• Michael J. Perry, Religious Freedom and Beyond: The Right to Moral Freedom, (Emory Public Law Research Paper No. 09-60, Aug. 10, 2009).
• Shelley Ross Saxer, Assessing RLUIPA's Application to Building Codes and Aesthetic Land Use Regulation, (Albany Government Law Review, Vol. 2, 2009).
• Robert J. Yetman & Michelle Yetman, Does the Incentive Effect of the Charitable Deduction Vary Across Charities?, (July 22, 2009).

Other recent articles:

• AALS Symposium on Institutional Pluralism: The Role of Religiously Affiliated Law Schools, 59 Journal of Legal Education 125-168 (2009).

Cape Cod Town Allows Prayer Station At Beach Parking Lot

Today's Cape Cod Times editorializes on a recent 4-0 decision by the Falmouth (MA) Board of Selectmen to allow four local churches to combine to set up a "prayer station" in the parking lot at Old Silver Beach in North Falmouth. Volunteers staffing the booth can only talk to those who approach them, and no solicitation or proselytizing is allowed. Observers question whether the town has now turned the parking lot into a public forum which all others must now also be permitted to use for speech activities.

Numerous New Prisoner Free Exercise Cases Have Become Available This Week

In Berryman v. Granholm, (6th Cir., Aug. 12, 2009), the U.S. 6th Circuit court of Appeals upheld a Michigan prison's suspension of plaintiff from its kosher meal program (with the ability to reapply after 60 days) after he ordered and signed for non-kosher food. He claimed he had done so for a non-Jewish fellow inmate. Friday's New York Times reported on the decision.

Shariff v. Coombe, 2009 U.S. Dist. LEXIS 69119 (SD NY, Aug. 7, 2009), is a case challenging various prison conditions impairing accessibility of disabled inmates in wheelchairs. Among the claims was one that plaintiffs' free exercise rights were infringed because of difficulties they encountered in using restrooms while attending religious services. The New York federal district court said it doubted that the claim would survive summary judgment, but ordered plaintiffs to brief the issue first.

In Littlejohn v. New York City Department of Corrections, 2009 U.S. Dist. LEXIS 69347 (SD NY, Aug. 7, 2009), a New York federal district court rejected plaintiff's free exercise challenge to restrictions on his attending religious services while in closed custody/ protective custody. It concluded that the detention center's policy allowing inmates in this situation to be visited twice per week by clergy was sufficient.

In Benson v. Corrections Corporation of America, 2009 U.S. Dist. LEXIS 69336 (ND OH, July 14, 2009), an Ohio federal magistrate judge recommended dismissal of claims by a Muslim inmate in federal custody that his free exercise and equal protection rights were infringed. Plaintiff complained that the meals offered Muslim prisoners do not contain Halal meat, but instead are either merely pork-free, or are vegetarian and fish.

In Copeland v. Livingston, 2009 U.S. Dist. LEXIS 69564 (ED TX, June 30, 2009), a Texas federal magistrate judge recommended dismissing as frivolous a lawsuit raising a variety of free exercise and RLUIPA claims by a Muslim prisoner. Among other things, plaintiff complained about disruption of a Muslim service by correctional officers, disciplinary action against him that denied him the right to attend Muslim services, requiring Muslim services to be held in a Christian chapel, the prison's refusal to allow minimum custody and medium custody prisoners to have joint religious services, failure to provide cleaning services for inmates' prayer rugs, and monitoring of Muslim services by recording them.

In Shields v. Skipper, 2009 U.S. Dist. LEXIS 69885 (D OR, Aug. 7, 2009), an Oregon federal district court rejected a claim by a former inmate that his free exercise rights and his rights under RLUIPA were infringed when he was denied access to a Native American religious clergyman.

In Harris v. Schriro, 2009 U.S. Dist. LEXIS 70180 (D AZ, Aug. 11, 2009), an Arizona federal district court dismissed a former inmate's challenge to the Arizona Department of Corrections kosher food policy. The court held that Plaintiff cannot bring individual or official-capacity damage claims under RLUIPA and the claims for injunctive relief are moot. It also rejected plaintiff's free exercise claims under which he sought modification of the kosher diet policy to require serving kosher food in its original package and serving uncut vegetables that have not been touched by prison staff. (See prior related posting.)

In Jacobs v. Strickland, 2009 U.S. Dist. LEXIS 70563 (SD OH, Aug. 11, 2009), an Ohio federal district court accepted a magistrate's recommendations and dismissed an inmate's claim that his rights as a Sunni Muslim had been violated at the former institution in which he had been housed. It held that damages are not available in official capacity RLUIPA suits. It also agreed with the magistrate that defendants had qualified immunity and that there was no allegation of involvement of the defendants in the alleged unlawful conduct. Finally it concluded that plaintiff's claim for an injunction and declaratory relief are moot.

In Vigil v. Jones, 2009 U.S. Dist. LEXIS 70749 (D CO, Aug. 4, 2009), a Colorado federal magistrate judge ordered a pro se plaintiff inmate who had broadly alleged interference with free exercise of his Judaeo-Christianity to file an amended complaint suing the proper parties and alleging specific facts.

In Jordan v. Keim, 2009 U.S. Dist. LEXIS 70881 (SD IL, Aug. 7, 2009), an Illinois federal district court rejected a free exercise and religious discrimination claim by a Hebrew Israelite prisoner. Prison authorities in 2002 denied his request to participate in the Feast of the Unleavened Bread. The prison chaplain erroneously ruled that plaintiff's request to participate was late because the chaplain had the wrong date for the beginning of the festival. The court held that the advance notice rule to apply for special holiday observances was permissible and that that there was no discriminatory intent involved in rejecting plaintiff's application as late.

In Willard v. Hobbs, 2009 U.S. Dist. LEXIS 71244 (ED AR, July 23, 2009), an Arkansas federal magistrate judge recommended rejecting a challenge under the equal protection clause, the free exercise clause and RLUIPA by a Wiccan inmate in maximum security who complained that he was denied sea salt, an altar cloth, a ritual feather, essential oils, a ritual bell, and a special notebook or binder for creating a "Book of Shadows."

In Young v. McNeil, 2009 U.S. Dist. LEXIS 70885 (ND FL, June 11, 2009), a Florida federal magistrate judge recommended rejecting an inmate's free exercise, 8th amendment and equal protection challenges to Florida Department of Corrections' total elimination of its Jewish Dietary Accommodation Program, requiring inmates who observe kosher restrictions to instead choose vegetarian or vegan meals. The opinion concluded that the state had shown legitimate budgetary, logistical and security concerns, as well as concerns over appearing to favor certain classes of inmates. Jewish inmates had alternative meal plans available that lessened the impact on their religious observance. (See prior related posting.)

In Majid v. Fischer, 2009 U.S. Dist. LEXIS 71616 (SD NY, July 31, 2009), a New York federal district court rejected inmates' free exercise, RLUIPA and equal protection claims objecting to the type of meals served to Muslim prisoners and failure to provide separate utensils. The court similarly rejected complaints regarding the closure of a portion of a mosque at New York's Green Haven Correctional Facility.

AP last week reported on a settlement in a case brought by a former Muslim prisoner against federal prison officials in Illinois charging that guards had placed his Quran on a spit-stained floor and had mistreated him when he complained to authorities. Former inmate Hakeem Shaheed, who spent nine years in federal prison, received $48,000 in the settlement.

Principal Chosen For NY Hebrew Language Charter School

The Forward earlier this week carried an interesting profile of Maureen Campbell, the principal of New York City's first Hebrew language charter school. Campbell attended Vassar, spent a semester at Oxford, and then graduated from Columbia University's Teachers College. Yeshiva Rambam School in southern Brooklyn continues to be the center of church-state questions as critics say it is an attempt to promote Jewish identity with public funding. Questions are intensified by the fact that the school is located in a building that also houses a synagogue. Campbell, who grew up in Manhattan’s Harlem area, the child of Jamaican immigrants, however is not Jewish and does not know Hebrew-- though she insists she is going to learn the language. A significant percentage of the school's entering students this year are children either of Israelis or of Russian Jews who live in Brooklyn's Sheepshead Bay and Brighton Beach areas.

EEOC Sues Puerto Rico Hospital Claiming Religious Discrimination

The EEOC announced on Thursday that it has filed a religious discrimination lawsuit against Puerto Rico’s largest medical center, Hospital Auxilio Mutuo. The hospital refused to accommodate a male registered nurse whose Santeria religious beliefs requires him to wear his hair long. EEOC alleges that the hospital suspended the male nurse, even though it allows women nurses to wear their hair in any length.

Hamas Fights Islamist Group In Gaza Over Declaration of "Islamic Emirate"

Jerusalem Post reports that fighting today in the Gaza Strip between Hamas forces and the radical Islamist group Jund Ansar Allah killed 5 and wounded at least 50. The fighting, which began near a mosque in Rafah, was triggered when Islamist leader Abdel-Latif Moussa (also known by his nom de guerre, Abu al-Nour al-Maqdessi) declared "the birth of the Islamic Emirate" in Gaza. Jund Ansar Allah apparently has links to Al Qaida. Islamists seeking to impose shariah law in Gaza are increasingly challenging Hamas, whose goals are more nationalistic than religious. The Hamas's Interior Ministry described Maqdessi as "crazy."

UPDATE: When the fighting between Hamas and Jund Ansar Allah finally came to an end on Saturday, 24 people had been killed according to Haaretz. Among the dead was Jund Ansar Allah leader Abdel-Latif Moussa whose explosive vest went off killing him and a Hamas negotiator during a stand off at Moussa's home. Also killed in the fighting was Hamas official, Abu Jibril Shimali, whom Israel said was responsible for the high-profile capture three years ago of Gilad Shalit, who is still being held by Hamas.

Court Dismisses Civil Rights Claim Against Mormon Church By FLDS Member

In Cooke v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2009 U.S. Dist. LEXIS 70192 (D AZ, Aug. 11, 2009), a member of the FLDS Church filed a federal civil rights action against the mainstream Church of Jesus Christ of Latter Day Saints claiming that it acted in collusion with the states of Arizona and Utah to engage in religious persecution of the FLDS Church. Plaintiff's amended complaint alleges in part that "[t]he Mormon Church has used the state of Utah [to conduct a] religious war against Warren Jeffs and his people," has "launched a successful media campaign to label us child abusers and polygamists," and "labled [sic] Warren Jeffs a terrorist [and] taken away our homes and our property."

While rejecting a res judicata defense, the Arizona federal district court dismissed plaintiff's complaint for failure to state a claim under 42 USC Sec. 1983. It found that, under the Iqbal standard, plaintiff has not plausibly alleged facts showing that the Latter Day Saints church was involved with state officials in a way that made it a state actor. However, the court indicated that plaintiff could still file an amended complaint to cure his pleading deficiencies.

British Borough Council Warns of Health Dangers In Purported Muslim Holy Water

In Britain, the London borough of Wandsworth's Council on Wednesday issued a public health alert warning Muslims of imitation holy water containing potentially lethal concentrations of arsenic. Sellers in the area claim that the bottled water comes from the holy Well of Zam Zam in Mecca. However Saudi Arabia has banned the commercial export of Zam Zam water. Yesterday's Wandsworth Guardian reported that tests showed the water, being sold in the Tooting area of London, contains twice the permissible level of arsenic and three times the permitted level of nitrates. This can be particularly harmful for children and pregnant women.

Court Rejects Challenge To Recitation of Pledge By Judge

Missouri's attorney general, Chris Koster, released a statement on July 30 praising a decision by the St. Francois County (MO) Circuit Court to dismiss a lawsuit challenging another judge's practice of opening his courtroom session with the recitation of the Pledge of Allegiance. The lawsuit unsuccessfully alleged that the practice of Washington County (MO) Judge Kenneth Pratte, inviting those in the courtroom to remain standing for the Pledge, violates the Establishment Clause as well as free speech rights.

Muslim Group Sues Portland, Maine Over Zoning Restrictions

The Maine Civil Liberties Union announced yesterday that it has filed suit on behalf of the Portland Masjid and Islamic Center, challenging the city of Portland's zoning determination that a group of Afghani Muslims may not use a former television repair shop they purchased as a site for prayer services and religious study. The MCLU says that the Religious Land Use and Institutionalized Persons Act trumps the city's zoning restrictions, pointing out that there are already eight churches within one mile of the Islamic Center's property-- none of which had to meet the heightened zoning requirements now being applied.

UPDATE: WCSH6 News reported on Aug. 17 that the city and the Islamic Center have reached an agreement that the former TV repair shop can be used for religious purposes while the lawsuit moves forward. The agreement comes in time for the start of Ramadan on Friday. Talks will continue between the two parties over possible zoning law changes.

Italian Court Bars School Favoritism For Courses In Catholicism

In Italy, an Administrative Tribunal in the district of Lazio (which includes Rome) has ruled that schools may no longer give credit for students who study Catholicism during public school "religion hours,"since schools deny academic credit to students who study other religions. JTA reported yesterday that the ruling came in a lawsuit filed by 24 secular and non-Catholic religious groups. Church leaders and some politicians have sharply criticized the court's ruling. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Jehovah's Witnesses Lose Challenge To Puerto Rico Controlled Access Laws

In Watchtower Bible Tract Society of New York, Inc. v. Sanchez-Ramos, 2009 U.S. Dist. LEXIS 69837 (D PR, Aug. 10, 2009), a federal district court in Puerto Rico rejected an "as applied" constitutional challenge by Jehovah's Witnesses to a Puerto Rico law that permits neighborhoods to close off access to streets by using walls and gates. Controlled access communities often exclude Jehovah's Witnesses who wish to proselytize door-to-door. The court rejected plaintiffs' speech, press and free exercise of religion challenges, finding that the Controlled Access Laws are content neutral and narrowly tailored to further an important governmental interest in preventing crime. The laws also leave open other channels of communication, such as mail, e-mail, telephone and television. The court also rejected plaintiffs' freedom of association, unreasonable search and seizure, right to travel and due process claims. (See prior related posting.)

South African Broadcast Commission Rejects Complaint Against Radio Islam

On Tuesday, South Africa's Broadcasting Complaints Commission dismissed a complaint against Radio Islam that had been filed by a member of the Jewish community. In I and Apolakow v. Radio Islam, (BCCSA, Aug. 11, 2009), the Commission held that broadcasts which, among other things, said that Jews could not be trusted and that Zionists control the Western media, had not overstepped the bounds of bona fide religious speech. The Commission said: "Ultimately, to decide otherwise, would amount to a rejection of the inherent and often vehement differences among religions and other similar viewpoints and expressions of opinion as protected by section 15 of the Constitution." BCCSA also published a summary of its decision, and South Africa's Star reported on it yesterday.

Tulsa Mayoral Candidate Wants Creationism Exhibit Added To Zoo

Anna Falling, one of eleven candidates running in the Republican primary for mayor of Tulsa, Oklahoma, says that her top priority is placing a Christian creationism display in the Tulsa zoo. Asked about problems of crime, budget concerns and street repairs, she said: "If we can’t come to the foundation of faith in this community, those other answers will never come. We need to first of all recognize the fact that God needs to be honored in this city." Tuesday's Tulsa World also quotes Falling as saying that the next mayor needs to appoint people to city boards, authorities and commissions who will "honor God." Buzzflash has a more extensive posting on Falling's views.

Study Finds Less Press Coverage of Obama's Faith-Based Initiative

The Pew Forum yesterday released a study comparing newspaper coverage of President George W. Bush's Faith-Based Initiative with coverage of President Barack Obama's Faith-Based and Neighborhood Partnerships program during the first 6 months of each administration. The study finds that Bush's program received seven times more press coverage than Obama's. Also coverage of President Obama's program has been much less contentious, in part because of a different political climate and other issues commanding attention of the public.

President Awards Medal of Freedom To 16 Amidst Some Controversy Over One Awardee

At a White House ceremony yesterday, Barack Obama awarded the Presidential Medal of Freedom to 16 recipients. (Full text of President's remarks). Among the recipients were Archbishop Desmond Tutu and Rev. Joseph Lowery. The decision to include Mary Robinson, former President of Ireland and former U.N. High Commissioner for Human Rights, as a recipient has drawn criticism from a number of Jewish groups. As reported by the Washington Post yesterday, critics focused particularly on her role as chair of the United Nations 2001 World Conference Against Racism in Durban, South Africa. She failed to keep the conference from becoming a forum for promoting anti-Semitic and anti-Israel bias. The White House, though, insisted it is honoring Robinson for her advocacy of women's rights and equal rights. A JTA op-ed does a good job of explaining the objections of those who oppose the award to her. However there have been some Jewish defenders of Robinson's record. (JTA).

Michigan City Rejects Anti-Discrimination Ordinance; Alaska City Passes Ban

The Jackson, Michigan City Council on Tuesday defeated by a vote of 5-2 a proposed anti-discrimination ordinance. The proposed law would have banned discrimination on the basis of "race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family responsibilities or status, educational association, sexual orientation, gender identity, gender expression or HIV status." Yesterday's Jackson Citizen-Patriot reports that opposition centered around the sexual orientation language and concern over potential of lawsuits and added costs for business owners and employers. The proposal had been brought forward by Jackson's Human Relations Commission. An attempt ten years ago to pass similar legislation also failed.

Meanwhile, in Anchorage, Alaska, the Anchorage Assembly Tuesday night, by a vote of 7-4, approved an anti-discrimination ordinance that bans discrimination in employment, credit, public accommodations and housing based on sexual orientation or gender identity. However it contains exemptions for religious organizations. The Fairbanks News-Miner reports that Mayor Dan Sullivan has not decided whether he will veto the measure.

Vermont Town Rejects Proposed Policy On Religion In Schools

In the village of Benson, Vermont, the school board on Tuesday unanimously rejected a proposed policy on religious expression in the schools. The policy was drafted by a task force made up of teachers, administrators, parents and community members after a principal last year removed from walls students' artwork showing holiday symbols. Yesterday's Rutland (VT) Herald reported that the new policy would have banned religious celebrations in the schools, but would have permitted curriculum-related discussions of religion and the use of religious images in activities such as student art projects. One resident said the proposed policy was too complicated, calling it a document "written for attorneys by attorneys." Controversy over religious symbols and celebrations in school has bitterly divided the town.

French Swimming Pool Bars Muslim Woman Wearing Full-Body "Burquini"

In France, a public swimming pool in Paris has refused to allow a young Muslim woman to swim wearing a "burquini"-- a wet suit and hood designed for women who want to swim without revealing their body. The suits are becoming increasingly popular in the West. The AP and today's Kuwait Times both report that pool staff told the woman-- a French convert to Islam-- that hygiene rules prohibit swimming while clothed. The incident comes as members of France's Parliament hold hearings on whether to ban wearing of burqas in public. (See prior posting.) The woman involved in the incident says she will go to court to challenge the pool's decision as discriminatory. She attempted to file a complaint with local police, but they refused to accept it saying it was groundless. [Thanks to Scott Mange for the lead.]

India Added To USCIRF's Watch List

The U.S. Commission on International Religious Freedom yesterday added India to the 11 countries already on its "watch list," a notch below the 13 designated as "countries of particular concern. (See prior posting.) The move came as USCIRF released its country report on India-- added as a chapter to its 2009 annual report. In a press release announcing its action, USCIRF said that the new concern about India stems from "the disturbing increase in communal violence against religious minorities– specifically Christians in Orissa in 2008 and Muslims in Gujarat in 2002 – and the largely inadequate response from the Indian government to protect the rights of religious minorities." A planned visit by USCIRF members to India never materialized as India delayed approving visas for those scheduled to go. (See prior posting.)

Profile of WallBuilders Head Who Is On Texas Education Review Panel

AlterNet yesterday carried a long profile of WallBuilders founder David Barton, who in June was appointed a member of a Texas State Board of Education Panel charged with reviewing the state's social studies curriculum. (See prior posting.) Here are some excerpts from the AlterNet piece:

From his base in Aledo, a town of about 2,000 just west of Fort Worth, Barton runs an outfit called WallBuilders that issues a steady stream of books, videos, DVDs, pamphlets and other materials designed to "prove" that the United States was founded to be a Christian nation. Barton argues that American law should be based on the Bible (or, more accurately, his fundamentalist interpretation of the Bible) and says church-state separation was never intended by our Founders....

Despite his thin academic credentials, Barton has managed to become a celebrity in the world of the Religious Right based on his research allegedly "proving" America’s Christian character.... Barton gives hundreds of lectures every year, rallying fundamentalist shock troops to oppose secular government and church-state separation.

Florida Court Gives 17-Year Old Protective Custody After Her Conversion To Christianity

In Orlando, Florida on Monday a judge ordered a 17-year old Rifqa Bary into emergency custody of the state's Department of Children and Families. The girl fled her Muslim family in Ohio saying she was afraid her father would hurt or kill her or send her back to their native Sri Lanka because she had converted to Christianity. Yesterday's Orlando Sentinel reports that the girl sought refuge with Florida pastor Blake Lorenz and his wife Beverly who she met through an online prayer group. According to WBNS-TV News , an attorney representing the girl's mother said the parents were allowing their daughter to explore her Christianity. The parents say that Rifqa was not afraid of her family until she made contact with Orlando Pastor Blake Lorenz.

UPDATE: YouTube has a 6 minute video of Rifqa Bary emotionally explaining her fear of returning to her parents' home. [Thanks to PewSitter for the lead.]

Kmiec Confirmed As US Ambassador To Malta

Blog of Legal Times yesterday reported that the U.S. Senate last week unanimously confirmed Pepperdine Law School Professor Douglas Kmiec as the U.S. ambassador to Malta. Kmiec previously served as dean of Catholic University Law School and on the faculty of Notre Dame Law School. A press release on Pepperdine's website points out: "As recorded in the book of Acts, the Apostle Paul shipwrecked onto the island nation [of Malta]. Malta has a long legacy of Roman Catholicism, which continues to be the official and dominant religion in the country."

EEOC Says Catholic College Discriminated By Dropping Contraception Coverage

Last year, Charlotte, North Carolina's Belmont Abbey College got its health insurance carrier to drop coverage for voluntary sterilization, abortion, and contraception because the coverage is contrary to Catholic teaching. That led eight faculty members to file a complaint with the Equal Employment Opportunity Commission charging the college, run by Benedictine monks, with religious and gender-based discrimination in violation of Title VII of the 1964 Civil Rights Act. (See prior posting.) Inside Higher Education yesterday reported that, after rejecting the discrimination charges last March, the EEOC has now changed its position. On July 30, it issued a determination letter (full text) concluding that dropping prescription coverage for contraceptive drugs amounts to gender discrimination because it impacts only women, and not men. However the EEOC rejected religious discrimination charges because the benefits were removed for all employees, regardless of their religious beliefs. The EEOC will move ahead with efforts at conciliation, while the college indicated it would challenge the ruling.

UPDATE: According to the Aug. 15 Washington Times, Belmont Abbey College president William K. Thierfelder says he would close the college down before he would offer health care benefits that violate Catholic doctrine.

Indonesia May Be Moving Toward Imposing More Islamic Restrictions

Today's Malaysian Insider carries an article on developments in Indonesia that some argue are moving it away from its secular and multi-religious foundations. Indonesia's Parliament is debating a draft law that would require all businesses to obtain halal certification for products they sell. Currently businesses can voluntarily register their products with the Indonesian Ulama Council (MUI). Surprisingly, MUI opposes the new draft law, fearing that halal certification under it will be taken away from MUI and transferred to the government's Ministry of Religion. The article also discusses initiatives under way in three municipalities around Jakarta to turn them into "Halal cities." It is unclear how far restrictions will go. It will mean that restaurants will need to alert customers if their food contains non-halal ingredients, but it my go beyond this, for example, to a ban on raising pigs that will affect non-Muslims as well. In one of the municipalities, Bogor, there is a growth of Muslim housing developments, open only to Muslims. They contain their own mosques, and have bathrooms designed so toilets do not face Mecca.

Religious Right and Left Spar Over Health Care Reform

Religious liberals and conservatives are weighing in on opposite sides of the health care reform debate. The religious left, including leaders such as Jim Wallis of the Sojourners, began a campaign on Monday titled "40 Days for Health Care Reform" (Reuters, 8/7.) Wallis asked supporter to sign his Christian Creed on Health Care Reform. Meanwhile the conservative Institute on Religion & Democracy reacted. A press release yesterday quoted the group's president, Mark Tooley:

The new Evangelical Left, like the old Social Gospel Religious Left of decades ago, always materialistically equates Big Government and centralized control with the Kingdom of God. They learned no lessons from the 20th century, when Big Government again and again wreaked destruction and was often the antithesis of Christian teachings. For the Religious Left, Obamacare is just one more opportunity for coercion and eradication of private initiative.

6th Circuit: Deportee Failed To Prove Falun Gong Status

In Jiang v. Holder, (6th Cir., Aug. 7, 2009), the U.S. 6th Circuit Court of Appeals upheld the ordered deportation of a citizen from China who came to the U.S. on a fiancee visa but never married her sponsor. Qiao Zhen Jiang however claimed that her removal should be withheld because she would face religious persecution upon her return. She contended that after entering the U.S. she began practicing Falun Gong. The court upheld the finding of the Immigration Judge that Jiang had failed to adequately prove her status as a Falun Gong practitioner.

Muslims In Germany Find Their Role As New Mosque Is Built

Yesterday's Christian Science Monitor examines the attitudes of Germans as the country's largest mosque is being built in Cologne. Cologne's Muslim population of 120,000 has its roots in immigration of Turkish "guest workers" in the 1960's who then stayed. Prof. Claus Leggewie says: "Mosques demonstrate the presence and self-confidence of Muslim immigration in Europe – the attitude is now, 'We're building because we want to stay here'. " The $40 million building in Cologne is described by social activist Necla Kelek as "a political statement from Islam in concrete."

Army Reaches Out To Jewish Soldiers At Ft. Benning After Discrimination Charge

JTA reported yesterday that the army base at Ft. Benning, Georgia, has taken steps in response to discrimination claims by a Jewish soldier who was told by one drill sergeant to remove his yarmulke in the mess hall and was subjected to anti-Semitic taunts by others. He was also beaten by a fellow recruit during basic training, though apparently the assault was not religiously motivated. (See prior posting.) Since then Fort Benning has created religious diversity classes for its drill sergeants. Two weeks ago it added a rabbi as its full-time Jewish chaplain. Also kosher MRE meals are now available in the mess hall. Additionally, Jewish services for the Sabbath and the High Holidays will now be held on base, instead of busing Jewish soldiers to a nearby synagogue. Typically about 20 Jewish soldiers are stationed at Ft. Benning at any one time. Last week's Army Times also reports on Ft. Benning's response. [Thanks to Institute on Religion & Public Policy and to Blog from the Capitol for the leads.]

Virginia Jail Reverses Policy On Censorship of Religious Material

The ACLU announced yesterday that Rappahannock Virginia's Regional Jail has changed its policy so that it no longer censors religious material sent to inmates. Responding to an earlier complaint from the ACLU (see prior posting), the jail's superintendent explained in a letter (full text) to the ACLU that originally its policy banned inmates receiving mail that included material copied from the Internet, whether that was religious or other material. Its concern was the large quantity of material that was sometimes sent. Under the new policy, inmates will be allowed to receive material copied from the Internet, including religious material. However inmates can only keep in their cell material that can be stored neatly in the storage bin of their bunk. The rest will be placed in storage with their other property. Also in the future the jail will not censor Biblical passages in letters sent to inmates (including material cut and pasted from the Internet), as apparently it had done in the past.

"In God We Trust" Proposal Withdrawn By City Commission In Florida

Kissimmee, Florida's City Commission last week changed its mind about a proposal to add "In God We Trust" to the city's logo. While the proposal passed on the first of two readings, public and business reaction caused the Commission to pass another resolution instructing city staff to stop work on designing the new logo. The Orlando Sentinel reported last week that the proposed ordinance was withdrawn after comments by its proponent, Commissioner Art Otero, caused the city to be ridiculed. Otero told a reporter that he proposed the change because he feared the country was moving toward "liberal postures such as homosexuality, gay marriage, abortion and the legalization of marijuana." Supporters of the ordinance are angry that they were not given notice of the proposal to kill the change, and they threaten a drive to get a referendum on the issue. [Thanks to Scott Mange for the lead.]

Activists Force Syrian Government To Shelve Proposed Personal Status Law

The August issue of Syria Today reports that civil rights activists have gotten the government to shelve a new secretly-drafted personal status law that would have codified conservative principles of sharia law. Opponents successfully argued that the proposed law violated Syria's constitution, interfered with rulings of religious courts and reversed progress on women's and children's rights. Among the proposed provisions were the creation of a new body that could involuntarily order a couple divorced if one of them converted out of the Muslim faith. It would have allowed interfaith marriages to be registered only if the husband agrees, and would have barred those without a religious faith from marrying. It would have lowered the permissible age for marriage to 13 for girls and 15 for boys, and would allow a husband to avoid paying for his wife's education if the education interfered with her "family obligations." The draft was seen as an attempt to force moderates to accept conservative interpretations of Islamic law.

Senate Rejects Charitable Donation of "Clunkers" In Extending Program

The U.S. Senate last Thursday approved a House bill that extended the "cash of clunkers" automobile purchase incentive program by appropriating an additional $2 billion for it. The Senate considered and defeated seven amendments. Unless the Senate passed the House bill without amendment, the program would effectively have been killed since the bill would have to go back to the House which is already in recess until September. (Washington Independent.) Among the amendments defeated was one by Oklahoma Sen. Tom Coburn that would have permitted car dealers to donate clunker trade-ins to 501(c)(3) non-profit organizations. (Full text of defeated amendment.)

Recent Articles of Interest

From SSRN:

• William A. Wooten, The Coach’s Pre-Game Prayer: Probably Wrong But Feels Right, (August 3, 2009).


• Thomas Charles Berg, Lemon v. Kurtzman: The Parochial-School Crisis and the Establishment Clause, (in Law and Religion Cases in Context, Leslie Griffin ed., Aspen Publishers, Forthcoming).


• Scott M. Noveck, The Promise and Problems of Treating Religious Freedom as Freedom of Association, (May 12, 2009).


• Carl H. Esbeck, Why the Supreme Court has Fashioned Rules of Standing Unique to the Establishment Clause, (Engage, Vol. 10, p.115, October 2009).


• Barbara P. Billauer, First Things, First - In the Creation of the Universe: A Conciliatory Translation of Genesis, (August 4, 2009).


• Leslie C. Griffin, Review Essay, (Journal of Law and Religion, Vol. 25, 2009).

From SmartCILP:

• Federalist Society's Church Autonomy Conference: "The Things that are Not Caesar's: Religious Organizations as a Check on the Authoritarian Pretentions of the State." Articles by Patrick McKinley Brennan, Carl H. Esbeck, Nicholas Wolterstorff, Ira C. Lupu, Robert W. Tuttle, Thomas C. Berg, Michael P. Moreland, John H. Mansfield & Douglas Laycock. 7 Georgetown Journal of Law & Public Policy 29-278 (2009). [Video of conference presentations from Federalist Society website.]
  

Recent Prisoner Religion and Free Exercise Cases

In Sterr v. Baptista, 2009 U.S. Dist. LEXIS 66039 (CD CA, July 20, 2009), a California federal district court rejected a challenge by a prisoner who practices Asatru/Odinism to the prison's decision to replace vegetation on sacred ground used by "earth-based religions" to all grass, and a change in schedule for access to classrooms and a sanctuary.

In Yaacov v. Collins, 2009 U.S. Dist. LEXIS 66479 (ND OH, July 31, 2009), an Ohio federal magistrate judge upheld a former prison policy that limited kosher meals to inmates who registered as Jewish when they entered the prison.

In Sokolsky v. Voss, 2009 U.S. Dist. LEXIS 67070 (ED CA, July 24, 2009), a California federal district court allowed a Jewish inmate to move ahead with his damage claim against officials (but only in their individual capacities) of a mental hospital to which he had been criminally committed. Plaintiff alleged that his rights under RLUIPA were infringed when during Passover he was furnished standard, rather than kosher-for-Passover, meals. He also claimed that he was subjected to discipline when he complained about the matter. In the lawsuit, plaintff seeks compensatory damages of $1 million and punitive damages of $4 million.

In Kaiser v. Shipman, 2009 U.S. Dist. LEXIS 67596 (ND FL, Aug. 4, 2009), a Florida federal magistrate judge recommended summary judgment for defendant in an inmate's challenge to prison regulations that allegedly interfered with his religious practices as an eclectic pagan. Plaintiff had claimed that denying him permission to possess tarot cards, runes, and an altar cloth or, alternatively, supervised access in the chapel at night to these items violated his rights under the 1st Amendment and RLUIPA. He also claimed equal protection violations because other inmates could possess secular items (playing cards and Scrabble tiles) and religious articles (Islamic prayer rugs) that were similar to the items he wanted.

In Aguirre v. Corrections Corporation of America, 2009 U.S. Dist. LEXIS 67771 (ND OH, June 5, 2009), an Ohio federal magistrate judge recommended dismissal for failure to exhaust administrative remedies objections by an inmate who changed his religious preference from Catholic to Jewish that he had not been allowed to participate in the kosher meal program or Jewish holidays.

In Boles v. Bartruff, (CO Ct. App., Aug. 6, 2009), a Colorado Court of Appeals in a 2-1 decision rejected a claim by a Jewish prisoner that he was denied due process at a disciplinary hearing when he was not allowed to question the complaining officer about her alleged anti-Semitism.

Christians- Muslims Disagree Over Kadhi Proposal For Kenyan Constitution

In Kenya, disagreement between majority Christians and the 10% Muslim population has broken out over a proposal to place in Kenya's new constitution provisions regarding Kadhi courts. According to yesterday's Christian Post, the proposal would go beyond confirming the existing regional Kadhi courts that adjudicate family law and inheritance matters for Muslims. The provisions would elevate the courts to a national level and extend their jurisdiction to civil and commercial matters between Muslims. However in an interview in The Nation, the secretary general of the Supreme Council of Kenya Muslims suggests that the proposal does not expand Kadhi jurisdiction.

Paper Profiles Principal Facing Contempt Charges Over Prayer

Today's Pensacola (FL) News Journal carries a fascinating lengthy profile of Frank Lay, long-time principal of Santa Rosa County (FL) Pace High School who faces criminal contempt charges for defying a temporary injunction against prayer and religious activity at his school. (See prior posting.) A large portrait of Gen Robert E. Lee hangs on the wall of Lay's office, and his credenza holds patriotic items and a Christian cross. Lay's 1800-student high school has been referred to by some over the years as "the Baptist Academy." School events featured prayers led by teachers, staff or outsiders they invited. Teachers offered Biblical interpretations, talked about their churches, gave assignments related to religion and encouraged students to attend religious clubs.

Obama Nominations for 3rd and 6th Circuits: What Do We Know of Their Views On Religion Issues?

President Barack Obama on Friday sent two nominations for vacant Court of Appeals judgeships to the Senate. (White House press release.) Nashville attorney and ERISA specialist Jane Stranch has been nominated for the 6th Circuit. Stranch has been active in the Episcopal Church, serving as a Vice-Chancellor for the Episcopal Diocese of Tennessee.

Federal district judge Thomas I. Vanaskie has been nominated for a vacancy on the 3rd Circuit. As a district judge since 1994 (chief judge since 1999) for the Middle District of Pennsylvania, he has written several opinions dealing with free exercise issues.

• The most important is Black Hawk v. Commonwealth of Pennsylvania, (2002), in which he held that a Native American holy man's free exercise rights were violated when Pennsylvania refused to grant him an exemption from a permit fee requirement for two black bears he kept. The bears were used by Dennis Black Hawk to perform religious ceremonies. The decision was affirmed by the 3rd Circuit, in an opinion (full text) written by now Supreme Court Justice Samuel Alito who at that time was a judge on the 3rd Circuit. In 2000, Vanaskie also wrote the opinion (full text) granting a preliminary injunction in the Black Hawk case.

Other free exercise opinions written by Vanaskie are:

• Williams v. Myers, (2000), [LEXIS link], rejecting an inmate's claim that he was denied parole for refusing to attend a religious-based drug and alcohol treatment program;
• Shahin v. College Misericordia, (2006) [LEXIS link], finding that Muslim faculty member failed to show religious or national origin discrimination in Title VII case;
• Khouzam v. Hogan, (2008), holding that an Egyptian Coptic Christian should have been given an opportunity to challenge Egypt's assurance that he would not be tortured if he was returned to Egypt where he had been convicted in abstentia of murder. The decision was vacated by the 3rd Circuit (full text of opinion) which agreed with the substance of Vanaskie's findings but disagreed with the remedy he granted; and
• Smith v. Kyler, (2008), [LEXIS link], rejecting a prisoner's claim under the constitution and RLUIPA that the prison should have furnished Rastafarian prisoners a weekly group prayer service led by a prayer leader. The decision was affirmed by the 3rd Circuit (full text of opinion).

11th Circuit Remands Asylum Case For Further Findings on Religious Persecution

In Kazemzadeh v. U.S. Attorney General, (11th Cir., Aug. 6, 2009), the U.S. 11th Circuit Court of Appeals in a 2-1 decision remanded for further fact finding a petition for asylum and withholding of removal filed by an Iranian man who had converted from Islam to Christianity. Judge Pryor, writing the majority opinion, said:

A denial of review will return the petitioner to the theocratic regime in Iran, but an erroneous grant of review could establish a precedent that rewards less than genuine fears of persecution based on religious conversion. ... The right course between the threats of Scylla and Charybdis is for the Board to reconsider the record, which contains important evidence that the Board failed to mention.... There is evidence that the law against apostasy is not often enforced in Iran, but neither the Board nor the Immigration Judge considered Kazemzadeh's testimony that Iranians who convert from Islam to Christianity avoid punishment by instead suffering persecution by practicing underground.

Judge Marcus concurred, but also wrote a separate opinion stressing, among other things, that "it is legal error to deny asylum on the basis of well-founded fear of religious persecution on the theory that an individual may escape discovery by abandoning his faith or hiding it and practicing his religion underground."

Judge Edenfield dissented on the religious persecution issue, arguing that having to practice religion underground to avoid punishment should not be seen as a form of persecution. He went on to conclude that the Board of Immigration Appeal acted reasonably in concluding that appellant had failed to demonstrate a pattern or practice of persecution against Christian converts in Iran. Finally he urged that on remand the Board of Immigration Appeals make a credibility determination as to the issue of the genuineness of appellant's conversion. Volokh Conspiracy discusses this latter point more fully. [Thanks to Alliance Alert for the lead.]

Feelings Run High Over Lodi CA Prayer Policy

Passions seem to be running high over Lodi, California City Council's decision that prayers delivered at the beginning of Council meetings should be non-sectarian. Yesterday's San Jose Mercury News reports that Council postponed Wednesday's scheduled discussion of the policy to a special meeting scheduled for Sept. 30. However competing demonstrators lined the sidewalk-- one side carrying signs saying "Keep them separate" and "Lodi is not a Christian town." The larger group-- some 300-- were on the other side of the issue, chanting "Jesus" and "Amen." The rally against current policy was sponsored by the national group, The Pray In Jesus Name Project. A 13-year old demonstrator said: "It's becoming harder and harder for the Christians. ... It's only because we support God that our country is as blessed as it is." Meanwhile inside Methodist minister, Rev. Alan Kimber, delivered a non-sectarian invocation-- a moment of silence and then thanks for our country's freedom to express different beliefs. When he ended with a simple "Amen", some members in the audience yelled out: "in Jesus name." (See prior related posting.)

County Wants Return of Settlement From Church of Universal Love and Music

After last week's drug raid at the Church of Universal Love and Music (see prior posting), Fayette County, Pennsylvania has now filed a motion in federal court seeking to recover from the Church the $75,000 the county paid in a settlement of a RLUIPA zoning lawsuit against it. The motion also seeks to enjoin the Church's holding any more concerts. According to yesterday's Pittsburgh Post Gazette , the county argues that the settlement agreement was violated when the church permitted drug use at the concert it sponsored. In the case the Church claimed denial of a zoning permit amounted to religious discrimination.

UPDATE: The Pittsburgh Tribune-Review reports that on Friday the court denied Fayette County's request for a temporary restraining order after church founder William Pritts agreed to not hold any events at the church over the weekend. The court set a hearing on a preliminary injunction for Thursday.

UPDATE 2: On Aug. 13, the federal district court issued a temporary injunction barring the church from holding any events that involve amplified music until a hearing on a permanent injunction is held in several months. (Pittsburgh Post-Gazette, 8/13).

Conservative Rabbi Sues Challenging Georgia's Kosher Food Labeling Act

Yesterday in Atlanta, Georgia, a rabbi filed a state court lawsuit challenging the constitutionality of Georgia's Kosher Food Labeling Act (OCGA Sec. 26-2-330 ff.). The complaint (full text) in Lewis v. Perdue, (Super. Ct. Fulton Co., filed 8/9/2009), claims that by defining "kosher food" as "food prepared under and of products sanctioned by the orthodox Hebrew religious rules and requirements," Sec. 26-2-330 ignores the different interpretations in different streams of Judaism as to what is kosher. This, the lawsuit contends, violates the constitutional rights of Rabbi Shalom Lewis who applies Conservative Jewish standards. The suit contends that the law as currently written violates the free exercise, establishment, equal protection and due process clauses of the U.S. and Georgia constitutions. The ACLU which filed the suit on behalf of Rabbi Lewis has issued a press release on the case.

Harvard Dean, Expert on Religion and Pluralism, Nominated for LSC Board

Martha L. Minow, who earlier this year was named Dean of the Harvard Law School, has now also been nominated by President Barack Obama to be a board member of the Legal Services Corporation. One of Minow's major research interests has been religion and pluralism. A White House press release yesterday announced that she is one of 5 individuals that have been nominated to the 11-member LSC board.

Iowa Bus System Removes Atheist Ads After Complaints Received

The controversy over ads on the side of buses placed by atheist groups has now moved to Des Moines, Iowa. WHO-TV News reported Wednesday that DART, the agency which operates buses in the city, is removing ads already on buses reading: "Don't believe in God? You are not alone." Even though conservative Christian ministers in the area have no objections to DART running the ads, DART acted after receiving a number of phone calls from individuals who were offended. DART says its advertising commission never approved them. Iowa Atheists and Freethinkers will receive a full refund of ad fees they paid. [Thanks to Scott Mange for the lead.]

UPDATE: The Des Moines Register reported Friday that DART has decided to put the ads back up, and to update its advertising policies to make clear that only ads that are obscene or profane will be banned.

Korea's Constitutional Court Upholds Ban on Columbaria Near Schools

Korea's Constitutional Court on July 30 upheld a law that bans locating a columbarium within 200 meters of a school. Indian Catholic reports the court held that the law can be applied to columbaria owned by religious organizations as well as those owned privately. The court said that a nearby columbarium is likely to have a negative emotional impact on students. The law banning construction near schools was enacted in 2007 after a Catholic Church won its battle in the Supreme Court under prior law to build a columbarium in the basement of its new building next to a school. The Catholic Diocese of Seoul issued a statement criticizing the court's decision, saying it infringes religious freedom.

Court Permits Forfeiture Of Dinosaur Adventure Land Properties For Taxes Due

In United States v. Hovind, (ND FL, July 29, 2009), a Florida federal district court permitted the federal government to move ahead with its criminal forfeiture of properties that make up Dinosaur Adventure Land (as well as related bank accounts) to cover back taxes of Christian evangelist Kent Hovind. Hovind is serving a 10 year prison sentence for failing to deduct payroll taxes for the employees of his Creation Science Evangelism organization. His wife was sentenced to one year. Hovind, operating as a corporation sole with a license from the "Kingdom of Heaven" under an arrangement set up by his associate, Glenn Stoll, claimed no taxes were due on his employees who he said were missionaries. (See prior posting.) Stoll had intervened in the forfeiture case to claim that he, as trustee, owned nine of the properties being forfeited. The court rejected that claim, finding that Stoll was merely the nominal owner of the properties for Hovind. However it upheld the claim of Hovind's son, Eric Hovind, to one piece of property. The court ordered sale of the properties piecemeal to realize the $430,400 due the government, with remaining properties returned to the Hovinds. A Pensacola News Journal article Tuesday gave further background.

Suit Claims Free Exercise Right For Parochial School Student To Be In Public School Band

In Burrell, Pennsylvania, a talented eighth-grade saxophone player and his family have filed a federal lawsuit against the Burrell School District alleging that musician Alexander Trefelner's free exercise rights are being infringed by school district policy. Yesterday's Pittsburgh Post-Gazette reports that Trefelner has decided to attend a Catholic high school next year instead of continuing in public school. Because of that, he will not be able to continue to participate in the public school's extracurricular band programs, even though home schooled and cyber-schooled students can. A bill pending in the state legislature would permit private school students to participate in these kinds of extracurricular activities, but it has not yet passed. Currently the decision is left to each school board. The lawsuit contends that the district is discriminating against Trefelner because he chose to pursue religious education. The school district says the issue is not that he attends a religious school, but rather that it is a private school.

Suit Charges Jewish Majority On School Board With Establishment Clause Violations

In Long Island, New York, attorneys for public school children have filed a federal lawsuit against the Lawrence School District claiming that the Orthodox Jewish majority on the board have implemented policies that violate the Establishment Clause. 5Towns Jewish Times yesterday reported that a major issue of contention is the decision by the board to close school Number 6 in Woodmere, the newest school in the district. Woodmere is also seen as being in the best physical condition and is the only handicapped accessible elementary school. Six of the seven Orthodox Jews on the board send their own children to Jewish religious schools. It is rumored that the closed school will be sold or leased to a yeshiva, or that proceeds from sale of the school will be used to pay for tax reductions for parents who send their children to non-public schools. However the school district says there are currently no plans for disposition of the school. The court denied a temporary restraining order that would have kept the school open, saying plaintiffs had little likelihood of success on the merits. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Criminal Contempt Charges Unsealed In Santa Rosa School Prayer Case

Yesterday's Pensacola (FL) News Journal reported that a federal judge on Monday unsealed criminal contempt charges against a high school principal and its athletic director who are charged with ignoring an injunction against faculty-led prayer. In January, nine days after U.S. District Judge Casey Rodgers issued a temporary injunction prohibiting the Santa Rosa County (FL) School District officials from promoting prayers during school-sponsored events, principal Frank Lay asked athletic director Robert Freeman to lead a prayer at the beginning of a luncheon at Pace High School. Lay was one of the named defendants in the lawsuit that led to a consent decree enjoining prayer at school activities and barred school personnel from promoting their own religious beliefs at school. Another contempt action, brought by the ACLU, is pending against a school district clerk who enlisted her husband to offer a prayer at a school banquet. (See prior posting.)

AT&T Pays $1.3 M In Religious Discrimination Case

The EEOC announced last week that a Satisfaction of Judgment was entered in an Arkansas federal district court in EEOC v. Southwestern Bell Telephone, LP. In the case, the EEOC sued AT&T alleging religious discrimination in violation of Title VII of the 1964 Civil Rights Act. In 2005, AT&T refused to allow the two Jehovah's Witness employees to take a vacation day to attend their annual religious convention, and then fired them when they took the time off anyway. In 2007, a jury awarded $756,000 in back pay and damages. The 8th Circuit rejected an appeal on procedural grounds. (See prior posting.) With interest, the judgment amount has grown to over $1.3 million. AT&T has now paid that amount.

Sudanese Woman Reporter Challenging Sharia Indecency Punishment

In Sudan, where sharia law is widely applied (background), journalist Lubna Ahmed al-Hussein wants to challenge the validity of applying public indecency laws-- with flogging as punishment-- to women who wear trousers. Middle East Online reported yesterday on Hussein's arrest, along with 12 other women who were wearing trousers, at a Khartoum restaurant. They are subject to punishment of up to 40 lashes. Ten others have already received this punishment. Hundreds of activists and political opponents have been demonstrating outside the court in support of al-Hussein. She argues that the indecency law is inconsistent with both the constitution and Islamic law. She says defiantly: "if the constitutional court says the law is constitutional, I'm ready to be whipped not 40 but 40,000 times." Hussein worked with the United Nations media office in Sudan, and may be entitled to immunity. She says she wants to waive her immunity to challenge the law, and has resigned her position. However one of her attorneys asserted her immunity anyway. The judge has adjourned the trial until September while the Sudanese foreign ministry rules on the immunity issue.

Minister Sentenced On Tax and Bank Fraud Charges

The Maryland U.S. Attorney's Office announced yesterday that former pastor Otis Ray Hope was sentenced to 37 months in prison, followed by 3 years of supervised release, on criminal tax charges and for conspiracy to commit bank fraud. He was also ordered to pay over $2.4 million in restitution. Hope was hired in 1996 as the senior pastor for Montrose Baptist Church in Rockville, Maryland where he supervised the Montrose Christian School and the parish's "English as a Second Language" Program. Hope formed his own company to take over the ESL program, and diverted over $950,000 of student tuition payments to his own and his family's personal use. He also failed to pay taxes on those amounts. Separately he filed a false application for exemption from federal taxes for Shiloh Ministries, and fraudulently obtained a $1.75 million bank loan for a Conference and Retreat Center for Shiloh Ministries.

Pro-Life Group Gets Non-Profit Status After IRS Questions

A press release issued yesterday by the Thomas More Society reports that the Internal Revenue Service has issued a Determination Letter granting Section 501(c)(3) tax exempt status to the newly formed Coalition for Life of Iowa. Earlier the IRS questioned the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities. Apparently the IRS also suggested that in order to receive 501(c)(3) status, the Coalition had to agree to limit its "picketing" and "protesting" of Planned Parenthood. (See prior posting.) (Full text of IRS correspondence.) A legal memorandum on behalf or the Coalition argued that the IRS requests "come perilously close to violating the First Amendment constitutional rights of the Coalition's supporters...."

En Banc Rehearing Sought In Washinton State Pharmacy Board Conscience Case

Last week, a Washington state pharmacy filed a petition and an accompanying legal memorandum (full text) with the 9th Circuit Court of Appeals seeking an en banc rehearing in Stormans Inc. v. Selecky. Last month, a 3-judge panel in the case refused to preliminarily enjoin enforcement of Washington State Pharmacy Board regulations that require pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. (See prior posting.) A press release from Becket Fund reports on the filing.

IRS Proposes Rules To Clarify Who May Authorize Church Audit

BNA Daily Report for Executives [subscription required] reports that the Internal Revenue Service, in proposed regulations that will be published in tomorrow's Federal Register, is attempting to clarify which high level Treasury official has authority to make a determination under IRC Sec. 7611 that there are reasonable grounds to begin a church tax inquiry. [Full text of REG-112756-09 via BNA (subscription required)]. The Code section, in an attempt to obtain an objective appraisal of the need for this type of delicate examination, requires that a "reasonable belief" determination be made by an official whose "rank is no lower than that of a principal Internal Revenue officer for an internal revenue region." A 1998 IRS reorganization created confusion over who that official should be. In February, a Minnesota federal district court held that the Director of Exempt Organization Examinations was not a high enough official to satisfy the statutory requirement. (See prior posting.) The new regulations propose giving the authority to the Director of Exempt Organizations. BNA's Daily Report for Executives [subscription required] reports that there are likely to be many comments from the non-profit sector on the proposal.

UPDATE: Here is the full text of the proposal from the Aug. 5 Federal Register.

Virginia Saudi Academy Gets Zoning Exemption

Yesterday, by a vote of 6-4, the Fairfax County, Virginia, Board of Supervisors agreed to grant the Islamic Saudi Academy a zoning exemption so it can expand its second campus. The Washington Post reports that this will allow the school to eventually enroll 500 more students. Currently around 1000 attend, 80% of whom are U.S. citizens. The Academy is the only Saudi-government funded school in the U.S. It has revised its curriculum several times in recent years after high-profile criticism of references in textbooks to intolerance and violence. (See prior posting.) However the curriculum is still guided by Wahhabist ideas. (See prior related posting.)

Rabbi Pleads Guilty In Charitable Tax Fraud Scheme

The U.S. Attorney's Office for the Central District of California announced yesterday that a Brooklyn, New York rabbi has pled guilty to conspiring to obstruct the Internal Revenue Service by soliciting charitable donations with secret promises to refund up to 95% of the funds to the donors. Naftali Tzi Weisz, the Grand Rabbi in Boro Park of the Spinka Hasidic dynasty, along with several associates and five charitable organizations, were indicted in 2007 in the scheme under which donors falsely claimed the entire amount of their "donations" as tax deductions. Spinka realized over $744,000 from the scheme. Three of the donors have already pled guilty to tax evasion, and Weisz’s assistant, Gabbai Moshe E. Zigelman, has already been sentenced to 2 years in prison for his part in the conspiracy. Four California men who were part of the money laundering scheme were also scheduled to plead guilty yesterday.

Federal Magistrate Rejects Free Exercise Challenge To Marijuana Laws

In Hutchinson v. State of Maine, (D ME, July 20, 2009), a Maine federal magistrate judge recommended rejecting a free exercise challenge to Maine's prohibition on the cultivation of marijuana. Plaintiff James Hutchinson, who had been convicted on marijuana charges, brought a civil suit challenging the law. He claimed to be a member of The Religion of Jesus Church which has as a sacrament the use of cannabis. The court concluded that prior precedent precludes relying on the First Amendment or on the Maine Constitution's free exercise protections to invalidate marijuana laws. Today's Lewiston (ME) Sun Journal reports on the decision.

Israeli Gays Say Orthodox Created Culture That Led To Shooting Last Week

Time reported yesterday that in Israel, police are conducting a manhunt throughout Tel Aviv seeking the masked gunman who killed two and wounded 15 at a gay youth organization's headquarters on Saturday night. Haaretz said that the gunman stormed into a basement room in the Tel Aviv Gay and Lesbian Association building and opened fire on teenagers attending a weekly support group meeting. The gay community charges that anti-gay incitement by Orthodox Jewish rabbis and politicians created an atmosphere conducive to the shooting. Tel Aviv is a favorite vacation spot for gay tourists, and the Israel Ministry of Tourism has a marketing campaign specifically directed to the gay community. However Tel Aviv is just west of the ultra-Orthodox city of Bnei Brak. While Israel's chief rabbis, and the Orthodox Shas Party, have all strongly condemned the shootings, there has been an ongoing culture war between gays and the Orthodox. Last year, a former Shas Party Health Minister blamed a series of small earthquakes on the rise in homosexual activity.

Jewish School's Appeal Will Be One of the First In Britain's New Supreme Court

In Britain beginning Oct. 1, a new Supreme Court will take over the appellate jurisdiction that has traditionally been exercised by the House of Lords. The change was authorized by the Constitutional Reform Act 2005. (Background.) One of the first case that will be heard by the new court is an appeal by London's Jewish Free School of a controversial decision striking down its admissions policy. In June, the Court of Appeal held that the school's admissions criterion that favors only children considered Jewish by the Office of the Chief Rabbi amounts to racial, rather than religious, discrimination. Faith schools receiving public funding are exempted from legal prohibitions on religious discrimination, but not racial discrimination. At issue is whether the school can use the traditional Orthodox Jewish definition of who is Jewish that requires either the individual be born of a Jewish mother, or else that the person has been converted in accordance with Orthodox Jewish law. (See prior posting.) The Jerusalem Post reports that the House of Lords on Monday agreed to allow an appeal by the school. [Thanks to Steven H. Sholk for the lead.]

New Iqbal Pleading Standard Leads To Dismissal of Part of School-Music Lawsuit

In S.D. v. St. Johns County School District, (MD FL, July 29, 2009), a Florida federal district court applied the Supreme Court's new pleading standards announced in Ashcroft v. Iqbal to dismiss a portion of a lawsuit claiming that a school's music program violated free exercise and establishment clause constraints. The suit alleged that three Florida public school music teachers chose songs that were religious in nature for students to perform. (See prior posting.) The lawsuit was brought against the school district. It was also brought against the school principal and three teachers in their individual, as well as their official, capacities. (Full text of amended complaint.) The court held that the claims against defendants in the individual capacities did not meet the Iqbal test and so dismissed them as defendants. However the court refused to dismiss claims against the school district. Yesterday's Jacksonville (FL) News reported on the decision.

Russian Supreme Court Bans Radical Islamic Group

Interfax reported yesterday that the Appeal Board of the Russian Supreme Court has banned all activities in Russia of the Islamic group, Tablighi Jamaat. Upholding a finding by the Prosecutor General's Office that Tablighi Jamaat is an extremist group, the Court found that the group's advocacy of a Global Caliphate "threaten[s] interethnic and inter-religious stability in Russian society and territorial integrity of the Russian Federation."

USCIRF Writes Clinton Urging Her To Raise Religious Freedom Issues In Africa

Secretary of State Hillary Clinton will begin a ten-day trip to seven African countries beginning August 4. (State Department briefing.) The U.S. Commission on International Religious Freedom has written Clinton asking her to raise religious freedom issues when she visits Nigeria, and when she meets with Somalian officials at the AGOA Forum in Kenya. The letter (full text) points to sectarian violence in Nigeria and the introduction of Sharia law in some Nigerian states. In Somalia, USCIRF is concerned about infringements of religious freedom and issues relating to the implementation of Sharia law.

Italy Approves Use of RU-486 Amidst Threats of Excommunications

CathNews today reports that the Italian Pharmaceuticals Agency (AIFA) on Thursday approved the use of the abortion drug Mifepristone, also known as RU-486. AIFA required that it be administered only in a hospital setting. Monsignor Elio Sgreccia, Pope Benedict XVI's top expert on bioethical issues, said that the Church would excommunicate any doctor who prescribes the drug and any woman who takes it.

Drug Raid On Church of Universal Love and Music Leads to 22 Arrests

In Fayette County, Pennsylvania on Saturday, the County Drug Taskforce arrested 22 people in a raid on the Church of Universal Love and Music. Yesterday's Pittsburgh Post-Gazette reports that the raid took place during a 3-day music festival attended by around 800 people. Earlier this year, the church entered a settlement in a suit brought by it under RLUIPA challenging the county's denial of zoning permission for it to use property in an agricultural area for religious concerts. Under the settlement the Church may host up to 12 event per year, with a maximum crowd of 1,500 at each. The county claimed that the organization was actually operating as a music business rather than as a church. (See prior posting.)

UPDATE: Monday's Pittsburgh Tribune-Review has a more detailed story, indicating that 23 people were arraigned overnight Saturday as a result of the raid. It reports that the raid "resulted in ... the seizure of enough marijuana, hash brownies, hallucinogenic mushrooms, LSD, laughing gas and drug paraphernalia to pack two storage trailers with a capacity of about 3,000 pounds."

Court Says Atheists Challenging School Program May Not Proceed Anonymously

In Freedom from Religion Foundation v. Creek, 2009 U.S. Dist. LEXIS 65818 (D CO, July 22, 2009), a Colorado federal magistrate judge denied plaintiffs' request that they be allowed to proceed using pseudonyms. Plaintiffs were atheists who were challenging as a violation of the Establishment Clause a Colorado school district's adoption of a program known as "40 Developmental Assets." Plaintiffs cited public views toward atheists and the fact that their children were parties to the case. The court held that a mere unsubstantiated potential for adverse public reaction does not justify proceeding anonymously. In particular, the court concluded that the children were not necessary parties to the litigation and criticized plaintiffs for bringing them in unnecessarily to justify the parents' proceeding under pseudonyms. The amended complaint in the case was filed after an earlier complaint challenging the same program was dismissed. (See prior posting.)