The U.S. Supreme Court yesterday, in a 6-3 decision, interpreted the federal Prison Litigation Reform Act to made it harder for prisoners to get into court to challenge their treatment while incarcerated. The case, Woodford v. Ngo (June 22, 2006), involved a complaint by Viet Mike Ngo, who was placed in administrative segregation for "inappropriate activity" in the prison chapel, and later was prohibited from participating in various religious activities, such as confession, Holy Week services and Bible study. Yesterday's Washington Post reported on the decision.
42 USC 1997e(a) requires a prisoner to exhaust "such administrative remedies as are available" before bringing suit in federal court. The majority, in an opinion written by Justice Alito, held that this means that a prisoner who has missed a deadline for filing an administrative remedy is precluded from suing in federal court. Otherwise, they said, a prisoner could ignore the prison's internal grievance system. Chief Justice Roberts and Justices Scalia, Kennedy and Thomas joined the opinion. Justice Breyer wrote a concurring opinion generally agreeing, but saying that the exhaustion principle has some exceptions.
The dissent, written by Justice Stevens, and joined by Justices Souter and Ginsburg, said that all Congress meant was that the prisoner's grievance had to be turned down administratively before he sues. An administrative denial of a prisoner's claim because he failed to comply with some procedural deadline meets the exhaustion requirement and should allow the prisoner to proceed to federal court to vindicate his constitutional rights. The dissenters said that prisoners have little incentive to purposely evade using the prison's internal grievance system before filing suit.
Friday, June 23, 2006
Thursday, June 22, 2006
New Jersey Court Refuses To Enforce Islamic Marriage Contract Provision
Newsday reported yesterday that an Essex County, New Jersey trial court has refused to enforce a previous agreement between a divorcing husband and wife that if the marriage broke up, the wife would get $50,000 as the mahr-- a payment to the wife that is part of the traditional marriage contract under Islamic law. American Muslims are increasingly asking civil courts to intervene in religious disputes such as this. In a similar case in 2002, a court in Passaic County upheld a $10,000 mahr as a legally enforceable contract between the husband and wife.
UPDATE: The case is Attia v. Amin (20-4-4287, Chancery Div., Essex County). Apparently the court's refusal to enforce the agreement stemmed from its conclusion that the amount of the payment was unfair and inequitable. Also important to the court was its finding that the agreement had been signed by the husband under duress, out of fear that if he did not do so the marriage would not take place and he would be deported. [From Daily Decision Alert forwarded by Steven Sholk, from Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.]
UPDATE: The case is Attia v. Amin (20-4-4287, Chancery Div., Essex County). Apparently the court's refusal to enforce the agreement stemmed from its conclusion that the amount of the payment was unfair and inequitable. Also important to the court was its finding that the agreement had been signed by the husband under duress, out of fear that if he did not do so the marriage would not take place and he would be deported. [From Daily Decision Alert forwarded by Steven Sholk, from Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.]
Indian Court Reverses Ban On Da Vinci Code
The Hindu reports that in India yesterday, the Andhra Pradesh High Court quashed the state government's order prohibiting the screening of The Da Vinci Code. The court said, "Freedom of speech and expression contributes to the richness and equilibrium of human existence." It also said that the Home Department officials who banned the film had not even seen it. Instead, the official "mechanically certified" the veto of a few objectors. The court ordered the government to pay damages of Rs. 10,000 each of the two film distributors who brought suit, and Rs. 2,500 to an individual plaintiff in the case.
10th Circuit Issues Slightly Revised Opinion In Land Use Case
On Tuesday, the U.S. 10th Circuit Court of Appeals vacated its former opinion in Grace United Methodist Church v. City of Cheyenne, (10th Cir., June 20, 2006), and issued a revised opinion with minor changes in it, again rejecting a church's appeal of a ruling that prevented it from constructing a day care center on property it owned. The Court of Appeals also upheld the district court's decision that Mountainview Homeowner's Association had standing to intervene in the case.
Court Upholds Secret Service Seizure Of Gospel Tracts That Look Like Currency
Religion News Service reports that on Tuesday a federal district court in Dallas, Texas denied a preliminary injunction to the Great News Network in its dispute with the U.S. Secret Service. The evangelical ministry based in Denton, Texas has been handing out gospel tracts that resemble $1 million bills. The tracts, that are the same size as a dollar bill, feature feature "1,000,000," a picture of President Grover Cleveland and, in small type, the words "This is Not Legal Tender" and "Department of Eternal Affairs." On the back, around the edge, the tract says: "The million-dollar question: Will you go to heaven?" The United States does not issue a $1 million bill.
Secret Service agents seized the tracts earlier this month after a North Carolina resident tried to deposit one in his personal bank account. (GNN release.) Great News Network argued to the court that the seizure violated its freedom of speech, press and religion. Brian Fahling, senior trial attorney with the American Family Association Center for Law & Policy, said that millions of the tracts have been distributed by Great News Network and others who have ordered them from Living Waters Publications, based in Bellflower, Calif.
Mt. Soledad Appeal Rejected By 9th Circuit
The San Diego UnionTribune reports that yesterday the U.S. 9th Circuit Court of Appeals turned down San Diego's appeal of a district order to remove the Mt. Soledad Cross or face a fine of $5000 per day. (See prior posting.) San Diego Mayor Jerry Sanders said that the city would comply with the order district court order if no other way of preserving the cross can be worked out.
UPDATE: Apparently the 9th Circuit's action was a refusal to grant a stay of the district court's order during the appeal of the case. At the same time, the 9th Circuit scheduled oral argument in the case for the week of October 16, 2006, long after the district court's deadline for removing the cross. (Release by Thomas More Law Center.)
UPDATE 2: The city of San Diego announced on Thursday that it will ask the U.S. Supreme Court to review the 9th Circuit's decision. (AP report.)
UPDATE: Apparently the 9th Circuit's action was a refusal to grant a stay of the district court's order during the appeal of the case. At the same time, the 9th Circuit scheduled oral argument in the case for the week of October 16, 2006, long after the district court's deadline for removing the cross. (Release by Thomas More Law Center.)
UPDATE 2: The city of San Diego announced on Thursday that it will ask the U.S. Supreme Court to review the 9th Circuit's decision. (AP report.)
Appellate Arguments In Satmar Dispute Heard
On Tuesday, a New York state appellate court in Brooklyn heard arguments in litigation that will determine which of the sons of the recently deceased Satmar Rebbe, Moses Teitelbaum, will control the group's $500 million of property. Yesterday's New York Sun says that the issue before the court was whether Rabbi Moses Teitelbaum had the power in 2001 to expel the president of the Satmar congregation from the community, and whether a civil court can decide this question. A decision will help determine whether Rabbi Zalman or Rabbi Aaron will have control over assets ranging from cemetery plots to one of the world's largest synagogues which is under construction. (See prior posting.)
Religious Objections To Union Membership Interpreted By Washington AG
Washington state Attorney General Rob McKenna has issued an Opinion (AGO 2006 No. 14) interpreting RCW 41.80.100. The statute provides that state employees with a religious objection to union membership need not join the union representing an agency's employees. Instead, the objecting employee can make payments to the union for purposes that would be in harmony with his or her individual conscience. The AG's Opinion ruled that a state employee may assert a strongly held private religious objection to union membership, even if the objection is not based on the teachings of an established church or religious body. However, the worker's objection to union membership must be a religious one, and not merely a philosophical, sociological, ethical, or moral objection. Yesterday's Olympian reports on the issuance of the AG's Opinion.
Wednesday, June 21, 2006
Molestation Conviction Reversed For Excessive Focus On Victim's Religious Beliefs
In State of West Virginia v. Bolen, (W.Va. Sup. Ct., June 16, 2006) (majority opinion; dissent), the Supreme Court of Appeals of West Virginia ordered a new trial in the case of Matthew Bolen who had been sentenced to prison for first degree sexual assault. The state charged that when Bolen was 16, he repeatedly engaged in oral sex with a 7 year old neighbor boy.
Throughout the trial, the prosecution made extensive remarks about the victim's spiritual commitment, faithful church attendance and missionary activities. In his closing statement to the jury, the prosecutor suggested that a person as religious as the victim would not lie and risk burning in Hell for doing so. The Supreme Court found the trial judge committed plain error and the prosecutor acted improperly in ignoring West Virginia Rule of Evidence 610 which provides: "Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced."
Justice Maynard dissenting said that Bolen's counsel never objected at trial to the state's references toBolen'ss religion. Today's Charleston (W. Va.) Daily Mail reports on the decision.
Throughout the trial, the prosecution made extensive remarks about the victim's spiritual commitment, faithful church attendance and missionary activities. In his closing statement to the jury, the prosecutor suggested that a person as religious as the victim would not lie and risk burning in Hell for doing so. The Supreme Court found the trial judge committed plain error and the prosecutor acted improperly in ignoring West Virginia Rule of Evidence 610 which provides: "Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced."
Justice Maynard dissenting said that Bolen's counsel never objected at trial to the state's references toBolen'ss religion. Today's Charleston (W. Va.) Daily Mail reports on the decision.
Religious Coalition Formed To Oppose US Use Of Torture
Earlier this month, a group of religious leaders announced the formation of a new group, the National Religious Campaign Against Torture. Its first project was an ad published in the New York Times and elsewhere beginning June 13, urging the United States to abolish torture without exceptions. The Washington Post last week reported that the signers of the ad came from a broad range of religious groups and include a number of conservatives. Deputy White House press secretary Dana Perino, in response to the ad, said: "this government does not torture, and we adhere to the international conventions against torture. That is our policy, and it will remain our policy." The new group supports applying a torture ban to every arm of the U.S. government; closing secret U.S. prisons around the world; ending the rendition of suspects to countries that use torture; and granting the Red Cross access to all detainees.
3rd Circuit Grants Rehearing In Title VII "Ministerial Exception" Case
The U.S. Third Circuit Court of Appeals yesterday, sitting en banc, vacated the original 3-judge decision and granted a rehearing before a new 3-judge panel in Petruska v. Gannon University, (3rd Cir., June 20, 2006). The original decision, handed down last month, expanded the ability of ministerial employees to bring Title VII employment discrimination claims against churches and religious institutions that employ them through interpreting the "ministerial exception" to Title VII more narrowly than other circuits have. (See prior posting.) Among the issues that may be raised on rehearing is that one of the two judges in the majority in the original decision-- Judge Edward R. Becker who wrote the majority opinion-- died after the opinion was written but before it was formally issued by the court. [Thanks to How Appealing and to Marty Lederman via Religionlaw.]
Two Prisoner Free Exercise Cases Dismissed
Federal courts have summarily dismissed two recent prisoner free exercise cases. In Foley v. Schriro, 2006 U.S. Dist. LEXIS 40438 (D. Ariz., June 15, 2006), an Arizona federal district court dismissed without prejudice a prisoner's claim that he was being denied the diet required by his religion. The court found that the prisoner had failed to allege the specific religion he practices, that his religion mandates that he receive specific food items for a religious diet, or that the refusal to supply him with the requested diet substantially burdens his practice of religion.
In Berberich v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 40180 (ED Mich., May 30, 2006), a Michigan federal district court dismissed on res judicata grounds a federal inmate's claim that authorities burdened his free exercise of religion by refusing to permit him to possess wooden rune staves. Plaintiff had already lost a case making the same claim against the Federal Bureau of Prisons in a South Dakota federal court.
In Berberich v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 40180 (ED Mich., May 30, 2006), a Michigan federal district court dismissed on res judicata grounds a federal inmate's claim that authorities burdened his free exercise of religion by refusing to permit him to possess wooden rune staves. Plaintiff had already lost a case making the same claim against the Federal Bureau of Prisons in a South Dakota federal court.
Scottish University Recognizes Student Wiccan Group
St. Andrews University in Scotland-- Prince William's alma mater-- has agreed to officially recognize the student Wiccan group on campus. This permits the Wiccans to use University facilities just like other recognized student groups. The Universe Newsroom today reports that the University was concerned that refusing to recognize the group could subject the school to prosecution under Britain's human rights laws. Apparently the university did place some conditions on recognition. At Wiccan events, participants may not utter incantations or spells that might harm others, raise spirits or to call up dark forces, or engage in ritual nudity.
Last-Minute Problems In Adoption of New Red Cross Symbol So Israel Can Join
Yesterday the White House announced that President Bush was transmitting to the Senate for ratification Protocol III to the Geneva Conventions of 12 August 1949 relating to the Adoption of an Additional Distinctive Emblem. In simple terms, Protocol III (full text) recognizes a new symbol, the red crystal, for use by the International Red Cross in addition to the currently recognized red cross and red crescent used by humanitarian bodies in various countries.
Behind this announcement lay a long history of political disputes within the International Red Cross. When the state of Israel was formed, it did not feel it appropriate to adopt a cross or crescent for its humanitarian organization. So instead it adopted a red star of David as the symbol for its equivalent group, the Magen David Adom (MDA). This became an excuse for Arab countries to exclude Israel from membership in the International Committee of the Red Cross, arguing that there is a risk of confusion in the proliferation of symbols by ICRC organizations. Nevertheless, the MDA, which has particular expertise in disaster relief, has cooperated closely with the IRC since the 1990's. Under pressure from the American Red Cross which has withheld millions of dollars in dues to protest MDA's exclusion, in 2005 a compromise was reached. By a vote of 98-27 with 10 abstentions, the Red Cross Movement voted to create a new third neutral symbol- the red crystal.
The Red Crystal will actually serve two purposes. It will be able to be used alone in countries where use of a religious symbol is problematic. But it will also be able to be used by national Red Cross organizations that can place their own symbol inside the diamond shaped red crystal. So MDA will be able to use the crystal with the star of David inside as its internationally recognized symbol.
The final step in approving all of this, which was supposed to be pro forma, is the vote at the International Conference of the Red Cross and Red Crescent being held in Geneva yesterday and today. A 2/3 vote of approval is needed. At the last minute, a new problem occurred. Pakistan and Tunisia have insisted on adding language that would effectively condemn Israel's occupation of the West Bank. Conference organizers had hoped that they had a compromise that would avoid this kind of dispute. The group was planning to admit the Palestinian Red Crescent as a member at the same time they adopted the new symbol. But now the prospects for all of this remain uncertain. These developments are covered in stories yesterday and today by the Washington Times, the Gulf Times, and SwissInfo.
UPDATE: U.N. Watch says that as of 4 pm Wednesday afternoon in Geneva, Islamic countries at the ICRC Conference have rejected attempts at compromise, to the dismay of ICRC President Dr. Jakob Kellenberger.
Behind this announcement lay a long history of political disputes within the International Red Cross. When the state of Israel was formed, it did not feel it appropriate to adopt a cross or crescent for its humanitarian organization. So instead it adopted a red star of David as the symbol for its equivalent group, the Magen David Adom (MDA). This became an excuse for Arab countries to exclude Israel from membership in the International Committee of the Red Cross, arguing that there is a risk of confusion in the proliferation of symbols by ICRC organizations. Nevertheless, the MDA, which has particular expertise in disaster relief, has cooperated closely with the IRC since the 1990's. Under pressure from the American Red Cross which has withheld millions of dollars in dues to protest MDA's exclusion, in 2005 a compromise was reached. By a vote of 98-27 with 10 abstentions, the Red Cross Movement voted to create a new third neutral symbol- the red crystal.
The Red Crystal will actually serve two purposes. It will be able to be used alone in countries where use of a religious symbol is problematic. But it will also be able to be used by national Red Cross organizations that can place their own symbol inside the diamond shaped red crystal. So MDA will be able to use the crystal with the star of David inside as its internationally recognized symbol.
The final step in approving all of this, which was supposed to be pro forma, is the vote at the International Conference of the Red Cross and Red Crescent being held in Geneva yesterday and today. A 2/3 vote of approval is needed. At the last minute, a new problem occurred. Pakistan and Tunisia have insisted on adding language that would effectively condemn Israel's occupation of the West Bank. Conference organizers had hoped that they had a compromise that would avoid this kind of dispute. The group was planning to admit the Palestinian Red Crescent as a member at the same time they adopted the new symbol. But now the prospects for all of this remain uncertain. These developments are covered in stories yesterday and today by the Washington Times, the Gulf Times, and SwissInfo.
UPDATE: U.N. Watch says that as of 4 pm Wednesday afternoon in Geneva, Islamic countries at the ICRC Conference have rejected attempts at compromise, to the dismay of ICRC President Dr. Jakob Kellenberger.
Tuesday, June 20, 2006
Louisiana Gives Up On Redrafting Of Ten Commandments
The Louisiana legislature has withdrawn from its attempt to edit the Ten Commandments. 2theadvocate.com reports that on Monday the legislature passed an amended version of Senate Bill 476. The bill, sent to the governor for her signature, provides for the Louisiana Secretary of State's office to make available for display in public buildings a group of historical documents containing religious references, including the Ten Commandments, along with an explanatory statement about the relevance of these documents to America's religious history. The bill, as finally enacted, sets out the precise text of the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance that is to be used, as well as the exact text of the accompanying explanatory document. However, it merely says that the displays may include "the Ten Commandments, as extracted from the Bible." This language was agreed upon after an embarrassing debate earlier this month on which wording of the Decalogue should be used.
Wal Mart Brings Jewish Population To Bible Belt County
The New York Times this morning carries a report on an unexpected kind of impact that Wal-Mart has had on Benton County, Arkansas, where its headquarters, as well as offices of many of its suppliers, are located. These businesses have brought a significant number of Jewish residents to this traditionally conservative Christian Bible Belt county. Two years ago Etz Chaim, the county's first synagogue, was opened, and Jewish residents are beginning to impact the life of their neighbors. Schools are attempting to avoid scheduling PTA meetings on Jewish holidays and the high school choir may incorporate some Jewish songs into its repertoire. The Jewish population has also had a culinary impact on the county. Ron Haberman has opened a restaurant that serves knishes, matzo ball soup and latkes next to a new 140,000-square-foot glass-enclosed Baptist church. And in a uniquely American twist, two local D.J.'s in Bentonville broadcast across the county Etz Chaim synagogue's first bar mitzvah.
Israeli Chief Justice Criticizes Lack Of Civil Marriage Option
The Jerusalem Post reported yesterday that Israeli Supreme Court President Aharon Barak has told a visiting delegation of American Conservative Jews that "The lack of civil marriage in Israel is a major violation of human rights." Barak was referring to the fact that under Israeli law, marriages are performed only by various religious authorities, and Jewish marriages are controlled by the Orthodox rabbinate. Marriages between members of different religions are not recognized. Irit Rosenblum, head of an organization called New Family, says his group plans to ask Israel's High Court to order the Interior Ministry to register any Israeli couple married in a civil ceremony.
UN Human Rights Council Holds Inaugural Session
Yesterday, the United Nations new Human Rights Council met for the first time in Geneva. Today's Financial Times reports that Secretary General Kofi Annan told the group that it ""must recognise . . . the importance of universality and objectivity and the need to eliminate double standards" in its work. Among the 47 newly-elected Council members are some with their own human rights problems-- China, Russia, Saudi Arabia and Cuba. The United States did not stand for election to the Council after complaining that the General Assembly had not built in sufficient safeguards to prevent countries that violate human rights from becoming members. (See prior posting.) Muslim countries plan to urge a debate in the Council on respect for religion after the recent controversy over published caricatures of the Prophet Mohammed.
Judge Denies Group's Petition To Intervene In Mt. Soledad Cross Case
In San Diego California, today's Union-Tribune reports that federal District Judge Gordon Thompson Jr. has, not unexpectedly, denied the request of San Diegans for the Mount Soledad National War Memorial to intervene in the litigation challenging the constitutionality of the Mt. Soledad Cross, saying that the group is much too late to become a party to the litigation that has been in the courts for 17 years. The petitioning group was behind Proposition A, a referendum last summer on donating the cross to the federal government for a national park. Currently the city of San Diego is involved in a last-ditch appeal of Judge Thompson's order to remove the cross or face fines of $5000 per day.
China Arrests Pastor For Printing Bibles
The Epoch Times reports that in China earlier this month Wang Zaiqing, a disabled family church pastor from Huainan city, was arrested for printing and distributing the Bible and other Christian literature. The arrest was based on a memo issued by the State Council on Religion Affairs and the Public Security Department in 1988 titled "Notice on Preventing and Dealing with Illegal Activities by Using Christianity". The document requires government approval for publication of Christian classics, books, or training activities of preachers. Dr. Li Boguang, a lawyer in Beijing representing Pastor Wang said that the 1988 document violates the Chinese constitution. A similar case was reported last November.
Monday, June 19, 2006
ADF Trying To Shape Foreign Law, In Case US Courts Cite It
The Alliance Defense Fund is a conservative Christian legal advocacy group whose usual cases involve the defense of religious freedom, the sanctity of human life and traditional family values in the United States. U.S. News & World Report this past week focuses on a new strategic direction being taken by ADF. Like other conservative organizations, ADF has become increasingly concerned about the citation of foreign law by U.S. courts. So now ADF is moving to try to shape foreign law so that if it is cited, it will be cited for the side of the issue that ADF favors. This has led the group to assist plaintiffs, like British citizen Stephen Copsey, who was fired from his job for refusing to work on Sundays. Benjamin Bull, ADF's chief counsel remarked: "It's crystal clear to us that unless we get involved in the outcome of foreign law then we're going to be at grave risk."
Organization Pushes For End To Death Penalty In Muslim Countries
Inter Press Service News Agency reports that the annual conference of the World Coalition Against the Death Penalty was held this past weekend in Casablanca, Morocco. Part of the conference focused on how to abolish the death penalty in Muslim countries that adhere to Sharia law. Some progress has been made. Senegal abolished capital punishment in 2004, and it is expected that Morocco-- which hasn't executed anyone for 13 years-- will abolish capital punishment in the future. Speakers at the conference said that misconceptions about the extent to which Muslim law requires the death penalty will need to be overcome in order to make progress toward abolition. Five of the top nine countries that retain the death penalty are Muslim.
IRS Checking On Non-Profit Hospitals
Today's New York Times reports that the Internal Revenue Service has begun an investigation of non-profit hospitals-- many of them religiously affiliated-- to determine whether they are meeting the standards for tax-exempt status. The agency has sent a compliance questionnaire to 550 hospitals asking about their operations, community services, medical research, furnishing of care for uninsured patients, pricing of services for the uninsured and executive compensation. Results could be used to decide whether the IRS should change any of its current Regulations. Before 1969, the agency specifically required hospitals to provide charity care to qualify for tax-exempt status. Now I.R.S. Regulations merely require that hospitals provide benefits to the community, which may be done in other ways as well.
Newly Available Scholarly Articles
From SmartCILP:
Ian Ward, Headscarf Stories, 29 Hastings International & Comparative Law Review, 315-341 (2006).
From SSRN:
Melynda Price, God's Will or Linked Fate: Race and Religion in African American Views of the Death Penalty (A Qualitative and Quantitative Approach) (2006).
Ian Ward, Headscarf Stories, 29 Hastings International & Comparative Law Review, 315-341 (2006).
From SSRN:
Melynda Price, God's Will or Linked Fate: Race and Religion in African American Views of the Death Penalty (A Qualitative and Quantitative Approach) (2006).
Tomorrow Religious Freedom Day On Capitol Hill
Tomorrow Senator Rick Santorum, Chairman of the Senate Republican Conference, will host a panel discussion on the status of religious freedom around the world as part of Religious Freedom Day on Capitol Hill. U.S. Commission on International Religious Freedom (USCIRF) Vice Chair Nina Shea will moderate the panel of government officials, members of Congress and religious freedom activists, according to a USCIRF news release.
UPDATE: Here is more on the conference from Sen. Santorum.
UPDATE: Here is more on the conference from Sen. Santorum.
Sunday, June 18, 2006
Da Vinci Censorship By American Samoa Would Be Unconstitutional
The Attorney General of American Samoa, Sialega Malaetasi Togafau, last Tuesday issued an opinion finding that any governmental censorship of the movie, The DaVinci Code, would be unconstitutional. Today's Pacific Magazine reports that the islands' governor, Gov. Togiola Tulafono, requested the opinion after members of clergy asked the governor to ban the movie's scheduled opening in Pago Pago on June 30th. Attorney General Togafau said that both the Constitution of American Samoa, and the U.S. Constitution, whose basic guaranties of fundamental rights apply to the island, ban this kind of interference with freedom of expression. (As to the applicability of the U.S. Constitution's guaranties of fundamental rights to American Samoa, see King v. Morton, 172 U.S. App. D.C. 126 (DC Cir., 1975) [LEXIS link].
Role Of Islam In Constitution For Kurdish Iraq Debated
IRIN reports today that discussions are under way on the drafting of a constitution for the northern, majority-Kurdish, region in Iraq. And as with the drafting of a national constitution for all of Iraq, the question of the role of Islamic law is becoming a contentious issue. Islamic parties in the Kurdish region want the constitution to provide that Islam will be a principal source of legislation, something that the current proposed draft does not do. The current draft, soon to be released by Parliament, merely provides: "This constitution safeguards the Islamic identity of the people of Kurdistan and respects other religions and guarantees their freedom." Some human rights advocates argue that including Islamic law in the constitution will limit women's rights, particularly in family law matters such as divorce and inheritance.
New U.S. Muslim Seminary Seeks To Train Moderate American Clergy
Today's New York Times features a long story about two American Muslims intellectuals, Sheik Hamza Yusuf and Imam Zaid Shakir, who have founded the Zaytuna Institute -- a seminary in Hayward, California to train Islamic clergy. The school aims to train a new generation of imams and scholars who will reconcile Islam with American culture. Its founders say that Islam must be rescued from extremists who selectively cite Islamic scripture to justify terrorism.
South African Equality Court Upholds Anti-Semitism Complaint
In the first case of its kind to come before an Equality Court in South Africa, Gerhard Barkhuizen was found guilty of anti-Semitic hate speech for painting a swastika and the phrase Habrizo Mamzer ("spiteful Hebrew bastard") on a wall facing the home of his neighbor, Yaron Fishman. Today's South Africa Sunday Independent reports on the case. The anti-Semitic incident was the culmination of a dispute between the two neighbors over a dog kennel that Barkhuizen was building on his property. Fishman, the son of a Holocaust survivor, took the incident to the country's Human Rights Commission last August. Barkhuizen, who is also facing criminal charges, has refused to apologize, claiming that the painting formed part of a mural depicting the Second World War and that South Africa's constitution affords him the right to freedom of expression. The magistrate hearing the case ruled that Barkhuizen knew that Fishman was Jewish and had deliberately chosen to paint the swastika facing his home.
Blasphemy Defendant In Pakistan Murdered Outside Court House
Pakistan's Daily Times today reports that in Multan, Pakistan, Abdul Sattar Gopang (also known as Tari) was stabbed to death outside the Muzaffargarh district court as he was about to attend the trial in a blasphemy suit brought against him. The killing occurred even though Gopang was being protected by a team of policemen. On Saturday, Muslim clerics refused to officiate at Gopang's funeral and his family had to hire a religious seminary teacher to perform the funeral. Charged in the killing are Muhammad Imran Waheed, a student, and Muhammad Iqbal Khan, a vendor. A spokesman for the Muslim group, Tehrik Khatm-e-Nabuwat said that his group will provide full financial and legal support to the accused assassins. He said: "We are proud of them for accomplishing this noble task."
Meanwhile, Gopang's younger brother has also been arrested for hurling a brick at Maulana Abdul Rasheed, the complainant in the blasphemy case, and Rasheed has been taken into protective custody.
Meanwhile, Gopang's younger brother has also been arrested for hurling a brick at Maulana Abdul Rasheed, the complainant in the blasphemy case, and Rasheed has been taken into protective custody.
South Carolina Released Time Credit Act Becomes Law
On June 2, the governor of South Carolina signed the state's Released Time Credit Act which permits high schools to give students an elective credit for participating in off-site religion classes. (See prior postings 1, 2.) Here are excerpts from the text of the new law:
The State reports that now released time groups are quickly moving to get more high schools to approve their programs.Whereas, the South Carolina General Assembly finds that: ...The free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise must be conducted in a constitutionally appropriate manner.
Be it enacted by the General Assembly of the State of South Carolina: Section 59-39-112. (A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction ... if:
(1) ... the released time classes ... are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes.... and
(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.
(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to ... (1) number of hours of classroom instruction time; (2) review of the course syllabus ...; (3) methods of assessment used in the course; and (4) whether the course was taught by a certified teacher.
Saturday, June 17, 2006
Funding Of Hunger Program OK'd With Disclaimer
Earlier this week, Americans United for Separation of Church and State filed suit to stop the city of Baltimore, Maryland from funding today’s Bags of Love outreach program designed to furnish food to the hungry in Baltimore. The program is sponsored by the United Baptist Missionary Convention as a lead-in to the National Baptist Convention's 2006 Congress on Christian Education that begins Monday. (See prior posting.) Now that UBMC has eliminated most of the overtly religious aspects of Bags of Love, the court has refused to interfere with the funding of the event, according to today’s Baltimore Sun. However the court did order organizers to read a statement to all participants before the food distribution began to make clear that there is no effort to use the event to proselytize.
New York Governor Signs Law On Swastikas, Burning Crosses
On June 7, New York Governor George Pataki signed Assembly Bill 7027 that makes placing a swastika on another person’s property without permission a Class E felony. It similarly punishes burning a cross in public view. UPI reported on the new law yesterday.
Las Vegas School Cuts Mike On Valedictorian
In Las Vegas, Nevada, officials of the Clark County School District are defending the action taken by administrators at Foothill High School’s graduation ceremony Thursday when the class valedictorian departed from her prepared speech that had been approved by administrators and began reading from a version that contained religious and Biblical references. Administrators cut off the microphone. This drew jeers from the audience in attendance at the graduation being held in a Las Vegas casino. Today's Las Vegas Sun reports on the events.
Administrators had earlier reviewed Brittany McComb’s speech and cut out six references to God or Christ, two biblical references, and a detailed reference to Christ’s crucifixion. The high school’s policy does not permit the school to censor religious references by speakers who have been chosen "on the basis of genuinely neutral, evenhanded criteria'. However, school district lawyer Bill Hoffman said that while the regulation allows students to talk about religion, they cannot cross over into the realm of preaching or proselytizing. School officials said that permitting McComb to continue would have amounted to school sponsored proselytizing. McComb responded: "People aren't stupid and they know we have freedom of speech and the district wasn't advocating my ideas. Those are my opinions. It's what I believe.'
Administrators had earlier reviewed Brittany McComb’s speech and cut out six references to God or Christ, two biblical references, and a detailed reference to Christ’s crucifixion. The high school’s policy does not permit the school to censor religious references by speakers who have been chosen "on the basis of genuinely neutral, evenhanded criteria'. However, school district lawyer Bill Hoffman said that while the regulation allows students to talk about religion, they cannot cross over into the realm of preaching or proselytizing. School officials said that permitting McComb to continue would have amounted to school sponsored proselytizing. McComb responded: "People aren't stupid and they know we have freedom of speech and the district wasn't advocating my ideas. Those are my opinions. It's what I believe.'
Preliminary Injunction In Church Challenge To Rec Area Fees
Alliance Defense Fund reports that yesterday a San Diego, California federal district court issued a preliminary injunction (full text of order) in a suit challenging the policy of the city of San Diego in charging higher rentals to religious groups for their use of the Kearney Mesa Recreation Area that it charges secular community groups. (See prior postings 1, 2.) The injunction will require the city to charge Canyon Ridge Baptist Church the lower Community Group rate until the merits of the church’s claims are decided by the court.
Jewish School Fits Unemployment Tax Exemption
In Bleich v. Maimonides School, (Mass Sup. Ct., June 16 2006), the Massachusetts Supreme Judicial Court yesterday ruled that Maimonides School, an Orthodox Jewish day school, is exempt from the state’s unemployment tax as "an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches." The court held that even though the school is largely self-governing, it still meets the requirement that it is “principally supported” by Jewish religious organizations. It “derives substantial support from area synagogues and other Jewish organizations” in recruiting students, faculty and administrators as well as obtaining funding.
Japanese Lawmakers Urge Secular Shrine For War Dead
According to yesterday’s Shanghai Daily, an organization of 135 members of Japan's Parliament have asked the government to build a non-religious memorial to Japan's war dead to replace the controversial Yasukuni Shrine which is also a Shinto Temple. The shrine's Book of Souls lists the names of 2,466,532 Japanese and former colonial soldiers killed in Japan's various wars since the middle of the 19th century. (Wikipedia.) A number of court suits have challenged Prime Minister Koizumi Junichiro's visits to the current shrine as a violation of Japan's separation of religion and state. Also China has objected to Junichiro's visits to the shrine because it also honors 14 convicted Japanese war criminals.
Racketeering Claim Filed Against Philadelphia Archdiocese
Yesterday's Washington Post reports that a federal racketeering suit has been filed against the Archdiocese of Philadelphia accusing it of covering up sexual abuse by Catholic priests. The thirteen plaintiffs, barred from bringing a state personal injury claim by Pennsylvania’s two-year statute of limitations, hope to convince the court that the cover-up still continues.
Friday, June 16, 2006
Former Waqf Leader Breaks With Muslim Views On Historicity Of Jewish Temples
WoldNetDaily reported Wednesday on an interview with a former senior leader of the Waqf-- the Islamic custodians of the Temple Mount in Jerusalem who have elaborate arrangements with the Israeli government to govern the site. He revealed that he has come to believe that the First and Second Jewish Temples existed at the current location of the Al Aqsa Mosque-- a fact that is hardly newsworthy to Western scholars and archeologists, but which contradicts statements that have long been made in much of the Muslim world. The leader being interviewed-- who insisted that his name not be published-- was dismissed from his Waqf position after he quietly made his beliefs known. He says that Muslim denial of the existence of the Temples is political and not rooted in historical fact. The Palestinian Authority's Office for Religious Affairs claims that the Temple Mount is Muslim property, and that the Western Wall was where Muhammed tied his horse before ascending to heaven. The Temple Mount was open to the general public until September 2000, when the Palestinians started the first intifada. It was reopened to non-Muslims in August 2003. Waqf agents watch tours closely and alert nearby Israeli police to any rule violations.
Singapore Police Investigate Jesus Cartoons On Website
Ekklesia today reports that police in Singapore are investigating a 21-year old man who has posted caricatures of Jesus on his website. One depicts Jesus as a zombie biting a boy's head. Depicting famous individuals as monsters and zombies has become popular on the Internet, and the cartoonist is puzzled by the official reaction. However Singapore police say: "It is a serious offence for any person to distribute or reproduce any seditious publication which may cause feelings of ill-will and hostility between different races or classes of the population of Singapore." Violators may be imprisoned for up to three years, fined up to 5,000 Singapore dollars, or both.
Spokane Diocese Wins Appeal In Bankruptcy Case
The Catholic Diocese of Spokane, Washington has successfully appealed a bankruptcy judge's August 2005 decision that said parish churches, schools and similar properties were all assets that could be liquidated to pay off Diocese creditors in its bankruptcy proceedings. Yesterday's Washington Post reports that U.S. District Judge Justin Quackenbush in Spokane has overturned the bankruptcy judge's decision. Quackenbush apparently agreed with the Diocese that while the Bishop holds formal title to parish properties, the beneficial interest is held by each parish. Quackenbush sent the case back to the bankruptcy court for it to determine the status of each individual parish. Shaun Cross, a lawyer for the Diocese, predicted that the decision will lead to serious settlement negotiations.
Arapaho Tribal Courts Ignored On Sun Dance
In Concho, Oklahoma, a dispute over the Arapaho Indian tribe's Sun Dance Ceremony is back in tribal court. The controversy is the subject of two recent articles by the Associated Press. The Shoshone and Arapaho Tribal Court and the Cheyenne-Arapaho Tribal Court previously issued injunctions prohibiting the Cheyenne-Arapaho Tribe of Oklahoma from holding the Sun Dance Ceremony because it violated the ceremony's secrecy when it permitted an anthropologist to attend and write about the dance. The Bureau of Indian Affairs has refused, however, to enforce the tribal court orders. Last week Patrick Spottedwolf was among a group of Oklahoma Arapahos who ignored the tribal court injunctions and began to build a ceremonial arbor to conduct the ceremony. This led some 20 to 50 people, including members of the Northern Arapaho Tribe in Wyoming, to take the law into their own hands. They attacked the group preparing the ceremony, cut down the arbor with chain saws and set it on fire. Then Spottedwolf was charged with contempt for violating the tribal court injunctions. He has pled not guilty, claiming that the injunctions unconstitutionally violate his freedom of religion.
The Indian Civil Rights Act, enacted by Congress in 1968, requires that Indian tribes exercising their rights of self government abide by most of the provisions of the Constitution's bill of rights. The Act prohibits tribes from making or enforcing any law that prohibits the free exercise of religion. It does not impose establishment clause constraints on tribes.
The Indian Civil Rights Act, enacted by Congress in 1968, requires that Indian tribes exercising their rights of self government abide by most of the provisions of the Constitution's bill of rights. The Act prohibits tribes from making or enforcing any law that prohibits the free exercise of religion. It does not impose establishment clause constraints on tribes.
Suit Filed In Pakistan Over Destruction Of Hindu Temple
GulfNews.com today reports that in Lahore, Pakistan, lawyers are asking the High Court to order builders of a commercial plaza who have demolished the city's only Hindu temple to stop the construction and rebuild the Krishna shrine. The suit charges that the country's Evacuee Property Trust Board had an obligation to protect the Hindu temple, and that instead it permitted the construction project. The petitioners say that those responsible should be tried under Section 295 of the Pakistan Penal Code which prohibits the demolition of the places of worship.
EEOC Faces Large Budget Cut
The Labor Research Association reported earlier this week that the federal Equal Employment Opportunity Commission faces a $4.2 million budget cut for the coming year. The EEOC, which is the major federal agency charged with enforcing laws against religious and other discrimination in employment, has lost 20% of its staff since 2001. The agency currently has a backlog of more than 30,000 discrimination cases (over one-third involve racial discrimination) and it takes an average of 180 days to process a case.
Wisconsin Gets Faith-Based Office
Wisconsin Democratic Governor Jim Doyle yesterday announced that he has issued an executive order (full text) setting up an Office of Community and Faith-Based Partnerships. The Duluth News Tribune yesterday reported that the office will be funded by $100,000 in federal funds granted to the state. As in the 32 other states that have similar agencies, the Minnesota office will help local social service organizations access and effectively use federal grants. Doyle's Republican challenger in the governor's race, current U.S. Rep. Mark Green. said that Doyle was appropriating his idea. Annie Laurie Gaylor, co-founder of the Freedom From Religion foundation, said "The whole thing is just a very uneasy union between church and state. You can't separate the politics out."
Finland Debates Unsolicited Religious Mailings
In May, Jukka Lindstedt, one of the Finnish Parliament's two deputy ombudsmen, issued a decision invalidating the general distribution of parish publications that includes sending them to homes that have not requested them. Lindstedt ruled that this was an unconstitutional infringement of freedom of religion of those who do not wish to receive the publications. NewsRoom Finland reported yesterday that a constitutional scholar, Veli-Pekka Viljanen, disagrees with Lindstedt's conclusion.
Thursday, June 15, 2006
Accommodating Muslim High Schoolers In Seattle
How to accommodate the religious needs of Muslim high school students to offer prayer 5 times each day has become a difficult problem for schools. Today's Seattle Times details some of the techniques being used in the Seattle School District. These include setting aside an empty classroom for Muslim student prayer sessions, and excusing students early on Friday afternoon so they may attend prayer services at a nearby mosque. Some, like Andy McDonald on the blog Sound Politics, criticize the setting aside of classrooms saying that this places Islam in a privileged position by making it the only religion that may be practiced officially during the school day.
Court Permits Religious Profiling In Immigration Enforcement
Yesterday in Turkmen v. Ashcroft, (EDNY, June 14, 2006), New York federal district Judge John Gleeson issued a lengthy decision in a class action brought by illegal aliens of Arab and Middle Eastern origin who were detained for several months in the aftermath of the September 11 terrorist attacks. The court permitted plaintiffs to proceed with various claims relating to their conditions of confinement, including claims of illegal interference with their religious practices by denying them copies of the Koran, denying halal food, refusing to give them information on dates or time of day so plaintiffs could pray, and constantly interrupting their prayers.
However on a broader equal protection issue, the court seemed to hold that it is permissible for the government to engage in religious (as well as racial) profiling in its enforcement of the immigration laws. Relying on language from a 1999 U.S. Supreme Court case, Reno v. American-Arab Anti-Discrimination Committee, the judge wrote:
However on a broader equal protection issue, the court seemed to hold that it is permissible for the government to engage in religious (as well as racial) profiling in its enforcement of the immigration laws. Relying on language from a 1999 U.S. Supreme Court case, Reno v. American-Arab Anti-Discrimination Committee, the judge wrote:
This is, of course, an extraordinarily rough and overbroad sort of distinction of which, if applied to citizens, our courts would be highly suspicious. Yet the Supreme Court has repeatedly held that the political branches, "[i]n the exercise of [their] broad power over naturalization and immigration ... regularly make[] rules that would be unacceptable if applied to citizens." Mathews v. Diaz, 426 U.S. 67, 79-80 (1976);....Today's New York Times reports on the decision, quoting Georgetown law professor David Cole's take on the decision: "What this decision says is the next time there is a terror attack, the government is free to round up every Muslim immigrant in the U.S. based solely on their ethnic and religious identity, and hold them on immigration pretexts for as long as it desires."[Thanks to How Appealing for the case link.]Similarly, I do not believe the plaintiffs’ claims of selective enforcement on the basis of their race and religion provide any cause to depart from the general rule laid out in AADC. In the investigation into the September 11 attacks, the government learned that the attacks had been carried out at the direction of Osama bin Laden, leader of al Queda, a fundamentalist Islamist group; some of the hijackers were in violation of the terms of their visas at the time of the attacks. In the immediate aftermath of these events, when the government had only the barest of information about the hijackers to aid its efforts to prevent further terrorist attacks, it determined to subject to greater scrutiny aliens who shared characteristics with the hijackers, such as violating their visas and national origin and/or religion. Investigating these aliens’ backgrounds prolonged their detention, delaying the date when they would be removed.
As a tool fashioned by the executive branch to ferret out information to prevent additional terrorist attacks, this approach may have been crude, but it was not so irrational or outrageous as to warrant judicial intrusion into an area in which courts have little experience and less expertise.
Illinois Village And Church Spar Over Building Requirements
The village of Wadsworth, Illinois has granted a temporary occupancy permit so that Cornerstone Community Church can continue to use its new building even though landscaping has not been completed, according to a release yesterday from the Alliance Defense Fund. Earlier this month the village board voted to support an order from village President Ken Furland requiring that landscaping, required by the church's special use permit, be completed. This had the effect of reversing informal permission to begin using the building given by the village's inspector. The city's order threatened cancellation of today's memorial service for for Staff Sergeant Edward G. Davis III who died in April while serving in Iraq. The village relented only after a federal lawsuit was filed claiming that the village's action infringed the church's First Amendment rights and the protections granted by RLUIPA. (Full text of complaint.)
The Associated Press report on the controversy earlier this week had a somewhat different slant. It quotes village officials as saying that there has been a long series of attempts by Cornerstone Community Church to get around the village's permit requirements.
The Associated Press report on the controversy earlier this week had a somewhat different slant. It quotes village officials as saying that there has been a long series of attempts by Cornerstone Community Church to get around the village's permit requirements.
Secretary Rice Talks About Religious Faith and Freedom
U.S. Secretary of State Condoleezza Rice yesterday was interviewed by Tampa, Florida radio talk show host Bill Bunkley just before she spoke to the Southern Baptist Convention in Greensboro, North Carolina. BP News has released the full transcript of her interview that focuses on the role of faith in her life and moves toward religious freedom in the Muslim world.
UPDATE: Here is another interview with Secretary Rice on similar topics, this time with the editor of SBC Life.
UPDATE: Here is another interview with Secretary Rice on similar topics, this time with the editor of SBC Life.
California Supreme Court Will Review Doctors' Religious Defense
The Associated Press reports that yesterday the California Supreme court agreed to review the court of appeals decision in North Coast Women's Care Medical Group v. Superior Court. The case raises the question of whether two doctors being sued by a lesbian woman for refusing to perform intrauterine insemination on her can defend on the basis of their religious beliefs. The lower court held that the doctors could introduce evidence of their religious beliefs to show that their refusal was based on the fact that the patient was unmarried, rather than on the fact she was a lesbian. (See prior posting.)
Egypt To Ban Both Da Vinci Code Film And Book
Egypt's Minister of Culture, Farouk Hosni, told Parliament this week that Egypt will ban the film The Da Vinci Code for insulting religion. Ali Abu Shadi, director of Egypt's censorship board, said official action has not yet been taken because copies of the film have not yet been received in Egypt. Culture Minister Hosni also said that the government will go further and confiscate copies of the book version of The Da Vinci Code, even though it has been on sale in the country for over two years. The Associated Press reported yesterday that the moves come after Georgette Qelliny, a Coptic Christian member of Parliament, demanded that the action be taken. There has been increased tension between Muslims and Christians in Egypt recently. (See prior related posting.)
Wednesday, June 14, 2006
US Muslim Women Seek Religious Accommodations
USA Today carries an article on the efforts of some Muslim women in the United States to get both private and public groups to accommodate their belief in separation of the sexes in most contexts. Issues have arisen in connection with public swimming pools, gyms and women's basketball teams. In the American Muslim community there are disagreements on whether these requests for accommodation are an appropriate exercise of religious freedom, or are unduly alienating to non-Muslim Americans.
Bolivian Constitutional Rewrite Focuses On State Religion Issue
In March, Bolivian President Evo Morales signed a law calling for a special assembly to rewrite the country's constitution. (BBC News.) That has led to a lively debate on whether Catholicism should remain Bolivia's official religion, or whether the country should become a secular State. Spero News yesterday reviewed the competing positions. The ruling party, Movement to Socialism (MAS), wants to eliminate the special privileges enjoyed by the Catholic Church and move to a fully secular constitution. Another group, Democratic and Social Power, wants the current constitutional provision recognizing the Catholic Church to remain unchanged. The Catholic Church takes an intermediate position. It supports a provision granting "broad religious freedom," but with recognition of "the Catholic Church and perhaps other religions as part of the history of the formation of Bolivia." This general approach is also supported by the Bolivian Episcopal Conference and evangelical Christians organized as National Unity".
Temporary Injunction Saves Church Services In School Gym
A South Carolina federal district judge has granted a temporary injunction to the members of Gracepointe (Southern Baptist) Church, ordering Woodland High School in Dorchester, SC to continue renting its gymnasium to the group for Sunday services pending trial in a lawsuit filed by the Church. The Church has rented the gym for Sunday services at the rate of $250 per week since August 2005. The school has asked the Church to leave, saying that the rental arrangement was never intended to be a long-term one and that the Church is being subsidized through below-market rent. Yesterday's Charleston Post and Courier reports that Judge David Norton's ruling says that the school district's rental policy distributed to community groups says nothing about time limits for renting facilities and all community groups get the same low rental fee.
Ugandan Police Arrest Muslim Groom After Marriage To Hindu Bride
Police in Uganda have arrested Syed Sadiq, a Muslim, after he married Anju Bala in a mosque in Nsambya, Arua Municipality, on Friday according to the (Kampala) Monitor. That ceremony followed a civil ceremony before the Arua District Registrar. The bride is Hindu. Her family and the Hindu community complained to authorities that the marriage is illegal. They consider it impermissible for a Hindu to marry a non-Hindu. During the wedding ceremony the bride's family actually stormed the mosque, but they were held back by police. Then the two families filed competing complaints at the Central Police Station. The groom's family says the bride converted to Islam before the wedding. The bride's family says that if this is so, it was a forced conversion or the bride was mentally incompetent. The groom is still in jail, but the rival groups are besieging the police station arguing for and against his continued incarceration.
Recent Developments In Religious Land Use Cases
Newspapers around the country report on developments in a number of RLUIPA and other religious land use cases.
In Boulder County, Colorado, Rocky Mountain Christian Church is seeking permission for a 15 to 20 year construction plan that would add an education building, a multipurpose chapel building, a gymnasium, a connecting gallery, and about 500 parking spaces. Yesterday's Longmont (CO) Daily Times-Call reported that the U.S. Justice Department has now entered the pending litigation in which Boulder County is challenging the constitutionality of RLUIPA's land use provisions.
The Orange County (CA) Register today reports that in Huntington Beach, California, lawyers for the city and Praise Christian Center are negotiating in a final attempt to settle a lawsuit, now on appeal, in which the church charges that the city violated RLUIPA in 2003 when it required the church to make various changes to a warehouse before using it a a church. These included a sprinkler system, soundproofing, and relocation of 3 parking spaces. The city prevailed at trial, but Praise Christian Center is appealing because the court refused to hear expert testimony on other situations in which the city did not require businesses to make like changes.
In Bedminster Township, New Jersey, under the prodding of a federal judge, the township is attempting to reach a settlement with Church of the Hills that has filed a RLUIPA suit because the township zoning board denied it a crucial variance it needs to proceed with its plans to quadruple the size of its facilities. Last fall, the U.S. Department of Justice filed a brief supporting the church. Yesterday, the Bernardsville News reported that the church has agreed to scale back its plans, and the township may now have more incentive to settle because its insurance carrier is no longer supporting its defense.
Finally, in Washington state, the Seattle Times reports today that a state court of appeals is being asked to grant an emergency stay of the order obtained by the city of Woodinville evicting 60 residents of Tent City 4. The tent city, sponsored by SHARE/WHEEL (a non-profit homeless advocacy group), is being hosted by Northshore United Church of Christ. One of the arguments on appeal is that the city's land-use code unconstitutionally infringes the church's right to religious expression. The city claims that Tent City 4 promoters did not follow proper permit procedures. In November, a RLUIPA claim was filed to challenge another Seattle suburb's regulation of a Tent City 4 encampment. (See prior posting.)
In Boulder County, Colorado, Rocky Mountain Christian Church is seeking permission for a 15 to 20 year construction plan that would add an education building, a multipurpose chapel building, a gymnasium, a connecting gallery, and about 500 parking spaces. Yesterday's Longmont (CO) Daily Times-Call reported that the U.S. Justice Department has now entered the pending litigation in which Boulder County is challenging the constitutionality of RLUIPA's land use provisions.
The Orange County (CA) Register today reports that in Huntington Beach, California, lawyers for the city and Praise Christian Center are negotiating in a final attempt to settle a lawsuit, now on appeal, in which the church charges that the city violated RLUIPA in 2003 when it required the church to make various changes to a warehouse before using it a a church. These included a sprinkler system, soundproofing, and relocation of 3 parking spaces. The city prevailed at trial, but Praise Christian Center is appealing because the court refused to hear expert testimony on other situations in which the city did not require businesses to make like changes.
In Bedminster Township, New Jersey, under the prodding of a federal judge, the township is attempting to reach a settlement with Church of the Hills that has filed a RLUIPA suit because the township zoning board denied it a crucial variance it needs to proceed with its plans to quadruple the size of its facilities. Last fall, the U.S. Department of Justice filed a brief supporting the church. Yesterday, the Bernardsville News reported that the church has agreed to scale back its plans, and the township may now have more incentive to settle because its insurance carrier is no longer supporting its defense.
Finally, in Washington state, the Seattle Times reports today that a state court of appeals is being asked to grant an emergency stay of the order obtained by the city of Woodinville evicting 60 residents of Tent City 4. The tent city, sponsored by SHARE/WHEEL (a non-profit homeless advocacy group), is being hosted by Northshore United Church of Christ. One of the arguments on appeal is that the city's land-use code unconstitutionally infringes the church's right to religious expression. The city claims that Tent City 4 promoters did not follow proper permit procedures. In November, a RLUIPA claim was filed to challenge another Seattle suburb's regulation of a Tent City 4 encampment. (See prior posting.)
Tuesday, June 13, 2006
British Religious Groups Urge Enforcement Of School Prayer Requirements
In Great Britain, a group of religious leaders has written the new Secretary of State for Education, Alan Johnson, urging him to make sure that secondary schools carry out their obligation to provide daily collective worship for students. Britain's School Standards and Framework Act of 1988, Sec. 70 and Schedule 20, requires daily organized school prayer that is "wholly or mainly of a broadly Christian character". Parents can request to have their children excused from prayer, and religiously-affiliated schools have prayer in their faiths' traditions. The religious leaders said, according to today's Guardian Unlimited, that many secondary schools are ignoring the daily worship requirement, even though it makes a "major contribution ... to the spiritual and moral development of pupils". They said that more teacher training is required and that the government needs to issue a clear statement to schools setting out their legal obligations. However the British Humanist Association has urged the education secretary to press for a change in the law that would allow schools to have more inclusive student assemblies.
9th Circuit Permits Religious Health Care Providers To Intervene In Weldon Amendment Challenge
In State of California v. United States, (9th Cir., 2006), the U.S. 9th Circuit Court of Appeals has permitted the Alliance for Catholic Health Care, the American Association of Pro-Life Obstetricians and Gynecologists, the Christian Medical Association and the Fellowship of Christian Physician Assistants to intervene in a case challenging the constitutionality of the Weldon Amendment-- a federal provision preventing federal, state and local governments from receiving certain federal funds if they discriminate against health care providers that refuse to provide, pay for, provide coverage for or refer for abortions. California sued to challenge the constitutionality of the Weldon Amendment because arguably its law requiring emergency health care providers to furnish medical services for any condition posing a threat to life or a threat of serious injury or illness would cause California to lose federal funds. Finding that the United States will not adequately represent the intervenors' position, the Court of Appeals reversed the district court and ordered that the intervenors be made parties defendant.
Today's Sacramento dBusiness News reports on a statement issued by the Alliance of Catholic Health Care praising the court's decision.
Today's Sacramento dBusiness News reports on a statement issued by the Alliance of Catholic Health Care praising the court's decision.
Alaska Tax Exemption Challenged As Favoring One Religion
The American Civil Liberties Union of Alaska is suing the state challenging a law passed in May that broadens the property tax exemption for clergy housing to include housing occupied by religious teachers who are not members of the clergy. The Associated Press says that the suit was filed Monday in state court in Anchorage. The broadened exemption in fact benefits only the Anchorage Baptist Temple. The Alaska ACLU says that the new law not just favors religion, but favors one religious institution.
Baltimore Funding of Faith-Based Hunger Program Opposed
After issuing a statement last week opposing the state of Maryland's spending $150,000 on transportation to attract the National Baptist Convention to Baltimore, now Americans United for Separation of Church and State has sued the city of Baltimore that is planning to give the United Baptist Missionary Convention of Maryland (UMBCM) $297,500 to support its Bags of Love outreach program. Today's Baltimore Sun says that funds will be spent to distribute over 1,000 bag lunches at area shelters and missions on Saturday before the Convention begins. The suit claims that funding the anti-hunger program violates the separation of church and state because the bags of food being distributed also contain a Bible and "salvation tracts". (AU Release.) However, Rev. Theresa Mercer says now that city finding is being used, that UMBCM is no longer planning to include Bibles or other religious materials in the food bags. Rev. Barry W. Lynn, executive director of Americans United, said that his group would need to look at the revised plans to decide whether to withdraw the suit.
Newdow Loses "In God We Trust" Challenge; Pledge Case Still Pending
Yesterday in Newdow v. Congress of the United States, (E.D. Cal., June 12, 2006), a California federal district court rejected Michael Newdow's challenge to the constitutionality of "In God We Trust" as the national motto and its use on coins and currency. The court held that Newdow had standing to bring the challenge, finding that Newdow adequately alleged injury-in-fact, causation and redressability. The court dismissed Congress and its Law Revision Counsel as defendants, finding that they are immune from suit under the Speech and Debate Clause of the Constitution (Art. I, Sec. 6), since the claim against them is merely that they enacted and published an unconstitutional law. However the court proceeded to the merits of the claim against other defendants (the Secretary of Treasury, the Director of the Mint, the Director of the Bureau of Engraving and Printing, and the Pacific Justice Foundation which intervened as a defendant).
In passing on the merits, the court held that it was bound by a 1970 Ninth Circuit decision (Aronow v. United States, 432 F.2d 242 [LEXIS Link]). Relying on that, the court rejected Newdow's Establishment Clause claim, finding that the motto has no theological or ritual impact, but rather merely has spiritual, psychological and inspirational value. The court similarly rejected Newdow's Free Exercise and RFRA claim that his right to exercise his Atheistic beliefs has been burdened by the government's endorsement of monotheism. It said that "In God We Trust" is a secular motto. It also rejected Newdow's attempt to rely on a 1977 Supreme Court decision striking down a New Hampshire requirement that auto owners display license plates with the motto "Live Free or Die".
Meanwhile Michael Newdow has another important case pending before the 9th Circuit-- a challenge to the inclusion of "under God" in the Pledge of Allegiance. (See prior posting.) Howard J. Bashman has an interesting article in Law.com yesterday discussing the technical question of whether the panel of 9th Circuit judges who hear this appeal will be bound by a prior 9th Circuit decision that found the Pledge's use of "under God" to be unconstitutional. That decision was reversed by the U.S. Supreme Court on the ground that Newdow lacked standing. Bashman argues that this had the effect of erasing the 9th Circuit's prior determination on the merits, even though the district court in the case now on appeal upheld Newdow's claim on the ground that it was sill bound by the 9th Circuit determination. If the Supreme Court's dismissal on standing grounds did not wipe out the 9th Circuit's substantive holding, the current 3-judge panel is also bound by the holding of the earlier 3-judge panel.
In passing on the merits, the court held that it was bound by a 1970 Ninth Circuit decision (Aronow v. United States, 432 F.2d 242 [LEXIS Link]). Relying on that, the court rejected Newdow's Establishment Clause claim, finding that the motto has no theological or ritual impact, but rather merely has spiritual, psychological and inspirational value. The court similarly rejected Newdow's Free Exercise and RFRA claim that his right to exercise his Atheistic beliefs has been burdened by the government's endorsement of monotheism. It said that "In God We Trust" is a secular motto. It also rejected Newdow's attempt to rely on a 1977 Supreme Court decision striking down a New Hampshire requirement that auto owners display license plates with the motto "Live Free or Die".
Meanwhile Michael Newdow has another important case pending before the 9th Circuit-- a challenge to the inclusion of "under God" in the Pledge of Allegiance. (See prior posting.) Howard J. Bashman has an interesting article in Law.com yesterday discussing the technical question of whether the panel of 9th Circuit judges who hear this appeal will be bound by a prior 9th Circuit decision that found the Pledge's use of "under God" to be unconstitutional. That decision was reversed by the U.S. Supreme Court on the ground that Newdow lacked standing. Bashman argues that this had the effect of erasing the 9th Circuit's prior determination on the merits, even though the district court in the case now on appeal upheld Newdow's claim on the ground that it was sill bound by the 9th Circuit determination. If the Supreme Court's dismissal on standing grounds did not wipe out the 9th Circuit's substantive holding, the current 3-judge panel is also bound by the holding of the earlier 3-judge panel.
Monday, June 12, 2006
Will Britain Require Clergy To Bless Gays and Give Them Communion?
A posting last week discussed some of the concerns that religious groups in England have about proposed British government regulations banning discrimination on the basis of sexual orientation in furnishing goods and services. Those concerns related to services offered by religiously affiliated organizations. Today LifeSiteNews reports the Church of England is suggesting that the regulations could have a much more direct impact on core functions of the Church itself. It says that under the proposed regulations it will be illegal for churches to deny gay and lesbian couples use of churches for civil commitment ceremonies, and clergy would be required to bless same-sex couples. It says that communion falls under the definition of services, so it would be illegal for a clergyman to deny communion to homosexuals.
In fact it seems unlikely that the final regulations will be this broad. Here is what the March 2006 Consultation Paper said about the issue:
In fact it seems unlikely that the final regulations will be this broad. Here is what the March 2006 Consultation Paper said about the issue:
Churches, mosques and many other religious organisations advance their faith or belief through activities such as worship, teaching and preaching, officiating in marriage, conducting baptisms and giving sacraments to members of their religious community. We recognise that there may be circumstances where the new regulations could impact on aspects of religious activity or practice in the light of the doctrines of some faiths concerning sexual orientation and the beliefs of their followers. We need to consider therefore the application of the regulations in these areas.
We are interested to hear views on the impact that the regulations may have in these areas, particularly where the regulations may impede religious observance or practices that arise from the basic doctrines of a faith. Any exceptions from the regulations for religious organisations would need to be clearly defined and our starting point is that these should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith.
Fallaci Trial On Defaming Islam Begins Today In Italy
In Italy today journalist and author Oriana Fallaci goes on trial charged by Muslim activist Adel Smith with defaming Islam, according to Mainichi Daily News. The charges grow out of a 2004 book, The Force of Reason, in which Fallaci says "To be under the illusion that there is a good Islam and a bad Islam or not to understand that Islam is only one ... is against reason." Fallaci is being tried under an Italian law that prohibits "outrage to religion". The author, who lives in New York, will not attend today's hearing in the city of Bergamo. The AP reported earlier that Italy's Justice Minister sides with Fallaci, saying that she has expressed deep criticism of Islam, but not defamation.
A La Carte Cable Proposal Splits Evangelicals From Christian Broadcasters
The Washington Post reported on Saturday that a plan to change cable television rules to require "a la carte" service is strongly supported by evangelical Christians, but is opposed by Christian broadcasters. Sen. John McCain is likely to introduce legislation to mandate the approach which is backed by a February Federal Communications Commission report. A la carte packaging would permit cable subscribers to pay only for channels they wish to receive, and would preclude cable providers from forcing customers to take packages which include other channels. Evangelicals see this as a way to avoid receiving and paying for channels that carry programming they find offensive. Christian broadcasters, however, fear that this will prevent channel surfers from having conversion experiences after accidentally coming across a Christian broadcast. Only those who are already Christians are likely to pay for these channels in advance.
Recent Law Review Articles
Recent articles (from SmartCILP):
Anthony R. Benedetto, The Impact on "The Vanishing Trial" If People of Faith Were Faithful To Religious Principles of Settling Disputes Without Litigation, 6 Pepperdine Dispute Resolution Law Journal 253-278 (2006).
Jenna Blackwell, The Role of Religion In Child Custody Disputes, 5 Appalachian Journal of Law 17-33 (2006).
Toni M. Massaro, Religious Freedom and "Accommodationist Neutrality": A Non-neutral Critique, 84 Oregon Law Review 935-1000 (2005).
Shelley Ross Saxer, Government and Religion As Landlord and Tenant, 58 Rutgers Law Review 409-450 (2006).
David Hollander, Jewish Law For the Law Librarian, 98 Law Library Journal 219-252 (2006).
Anthony R. Benedetto, The Impact on "The Vanishing Trial" If People of Faith Were Faithful To Religious Principles of Settling Disputes Without Litigation, 6 Pepperdine Dispute Resolution Law Journal 253-278 (2006).
Jenna Blackwell, The Role of Religion In Child Custody Disputes, 5 Appalachian Journal of Law 17-33 (2006).
Toni M. Massaro, Religious Freedom and "Accommodationist Neutrality": A Non-neutral Critique, 84 Oregon Law Review 935-1000 (2005).
Shelley Ross Saxer, Government and Religion As Landlord and Tenant, 58 Rutgers Law Review 409-450 (2006).
David Hollander, Jewish Law For the Law Librarian, 98 Law Library Journal 219-252 (2006).
Sunday, June 11, 2006
Court Upholds Refusal To Transport Prisoner For Religious Conversion
Beasley v. Konteh, 2006 WL 1554582 (N.D.Ohio, June 8, 2006) is an interesting prisoner free exercise case decided by a federal district court in Toledo, Ohio. Convicted murderer James Beasley claims that he is an Orthodox Jew. However because he was neither born Jewish nor converted, local Jewish organizations do not consider him Jewish for purposes of furnishing him pastoral care services. So Beasley seeks to be formally converted, which a local rabbi is willing to do. However this requires that Beasley be transported to a local synagogue where he can undergo immersion in a mikvah as part of the conversion ceremony. Prison authorities refuse to transport Beasley out of the prison because of administrative and security concerns. The court upheld the warden's decision, saying that neither the Constitution nor federal statutes require that a prisoner be allowed to leave prison to participate in a religious ceremony.
The court, however, did permit Beasley to move ahead with his claim that prison authorities threaten to cut his beard and sidelocks in violation of his religious beliefs, though prison officials say they are now treating him as Jewish and have granted him an exception to the prison's grooming regulations. Yesterday's Toledo Blade covered the decision.
The court, however, did permit Beasley to move ahead with his claim that prison authorities threaten to cut his beard and sidelocks in violation of his religious beliefs, though prison officials say they are now treating him as Jewish and have granted him an exception to the prison's grooming regulations. Yesterday's Toledo Blade covered the decision.
Iran Sets Up "Office of Religious Blogs"
The American Foreign Policy Council's newsletter, Iran Democracy Monitor , in its June 9, 2006 edition, reports that the Iranian government has created an "Office of Religious Blogs". Based in Qom, the Office provides research, training, and support to clerical bloggers operating inside Iran. It says it has already trained 500 bloggers to use of the Internet to disseminate a pro-regime message to Iranians who are increasingly using the Internet.
Texas Democrats Appeal To Progressive Christians
Following the Texas Republican Party Convention last week that was filled with appeals to conservative Christians, this weekend the Texas Democratic Party held its convention and sought ways to identify with progressive Christians. Today's Dallas Morning News reports that buttons worn by delegates featured the religious symbol of a fish along with the Democratic Party donkey. At a workshop sponsored by the Texas Freedom Network, Rev. Brett Young said, "Caring for the poor is a religious issue. Feeding the hungry, watching out for the indigent, standing up for people who are hurting – from a religious perspective, the way we respond to poverty is a litmus test of true morality." Young said that Republicans are trying to define moral values as merely opposition to abortion and gay marriage. Democrats need to emphasize that social justice, programs for the needy and protection of the environment are also moral values.
Indian State Ends Brahmin Monopoly On Priesthood
In another blow to the traditional caste system, the Indian state of Tamil Nadu last month announced that persons of all castes could become Hindu temple priests (archakas). Presently only Brahmins are permitted to become priests. The government's decision was prompted by a decision of the Supreme Court in 2002. Chennai yesterday reported that the government has now set up a seven-member committee, headed by a retired judge of the Madras High Court, to decide on qualifications and training for appointment as a priest. At least one blogger worries that these developments turn the appointment of priests into a secular matter.
Chabad Suit Against Hollywood, Fla. May Settle As Judge Says Zoning Law Is Vague
In a pending federal lawsuit brought by a Jewish Chabad Congregation and the U.S. Department of Justice challenging Hollywood, Florida's removal of a special zoning exception that had been granted for operating a synagogue, the judge has informally announced that she plans to rule that the city's zoning law is too vague. (See prior posting.) In light of this, one member of Hollywood City Council is urging a special meeting to discuss settling the case, according to yesterday's South Florida Sun-Sentinel. Chabad's attorney has sent the city a settlement offer. Officials fear that if the court issues a formal ruling, this will tie their hands in trying to protect neighborhoods from disruption by religious institutions.
CSCE Still Concerned Over Romania's Draft Religion Law
The U.S. Helsinki Commission (CSCE) last week expressed continuing concern about the draft legislation being considered by the Judicial Committee and the Human Rights Committee of Romania's lower house of Parliament, after the bill's rushed passage last year by Romania's Senate. (See prior posting.) It is reported that legislative committees have approved an amendment criminalizing "aggressive proselytizing" with fines or jail terms of up to three years. The Senate-passed draft would create a burdensome registration system. In order to gain the most preferential status, religious communities would need to wait 12 years and show their membership exceeds 0.1% of the population of Romania, or 23,000 persons. Approximately 25% of the 18 currently registered religious groups would not have enough members to meet that requirement.
Saturday, June 10, 2006
Liquor Licenses Threaten Quiet At Native American Religious Site
In Sturgis, South Dakota, for the third time since April the Meade County Commission approved alcohol licenses for the annual August Black Hills Motorcycle Rally, according to today’s Rapid City (South Dakota) Journal. The licenses are opposed by Native American groups who say they need peace and quiet at Bear Butte where Plains Indians have participated in Sun Dances and other religious ceremonies for centuries. Opponents of the licenses have now raised new questions about compliance with environmental and historic preservation laws.
Florida Supreme Court Hears Arguments In Religious Sales Tax Exemption Case
The Associated Press reports that on Friday, the Florida Supreme Court heard arguments in Wiccan Religious Cooperative of Florida v. Zingale (see prior posting). In the case, a Wiccan group is challenging the constitutionality of a Florida law (Title 14 Fla. Stat., Sec. 212.06(9)) that grants a sales tax exemption for religious publications, bibles, hymn books, prayer books, vestments, altar paraphernalia, sacramental chalices, and like church service and ceremonial raiments and equipment. The state court of appeals held that the Wiccan group lacks standing to bring the case because it is recognized as a religion and thus benefits from the exemption. In response to a question from the court during argument, Florida Solicitor General James McKee conceded that plaintiffs could start over and file the suit as taxpayers. However he said that in this case, no evidence was ever introduced to show that the Cooperative is a taxpayer. If the Supreme Court decides that plaintiffs have standing, it could then decide the substantive constitutional issue, or could remand it to the court of appeals to consider the issue further.
Soup Kitchen Battles Florida City For Right To Operate
Yesterday’s Fort Myers (Florida) News-Press reported that in Fort Myers Beach last week, city officials and a soup kitchen called God’s Table came closer to going to court. Residents of the Florida town claim that God’s Table, which gives food, clothing, showers and some health care to the Beach’s homeless, is responsible for the growing problems of drinking, littering, public urination and sleeping under homes by street people. God’s Table says that the transient problem has existed for decades, and would be much worse if it did not exist. The city claims that God’s Table is in violation of zoning laws, but the soup kitchen says that as a religious group its activities are protected by the First Amendment and by Florida’s Religious Freedom Restoration Act. The two sides plan to continue meeting to try to find solutions.
Buddhist Group Denied Tax Exemption For Vacant Property
Upstate New York’s Times Herald-Record reports that in Shawangunk, NY, a town of 12,000, a state trial court judge has ruled against a Buddhist group in its controversial application for a tax exemption for 42 acres of property which it bought. The World Buddhist Ch'an Jing Center bought up the land with no particular plans for it. Judge Michael Lynch ruled that the land was not being used for religious purposes as is required to obtain a property tax exemption. The town’s Assessor, Curt Schoeberl, lashed out at the group for its attempt to deprive the town of some $32,000 in tax revenue. He said: "The people that run these organizations have no consciences. They don't understand what they do to the community when they take these large parcels off the tax rolls. The services are still being required. ... It just keeps getting worse and worse. The laws have to be changed."
10th Circuit Upholds Police Officer's Religious Freedom Claim
In Shrum v. City of Coweta, (10th Cir., June 8, 2006), the U.S. 10th Circuit Court of Appeals said summary judgment should not be granted to an Oklahoma town, its police chief and its city manager, in a suit by a former police officer alleging infringement of his free exercise of religion, as well as of various other constitutional rights. Officer Rex Shrum, who also served a pastor of the Coweta Church of Christ, was promised when he joined the police force that he would have Wednesday evenings and Sundays off so he could continue his ministerial duties. However, he was later required to begin to work on Sundays. The court held that while the mere failure to accommodate Shrum’s religious needs in the face of a neutral employment requirement does not amount to a First Amendment violation, here Shrum is alleging something more. He claims that he was moved to the Sunday day shift precisely because the Police Chief knew that this would conflict with his religious commitment. The court held that if Shrum’s religious commitment was the motivating factor in forcing the employment change, it would constitute a First Amendment violation.
Romney's Presidential Bid and His Mormon Religion
Today’s Weekend Edition of the Wall Street Journal (subscription required) carries a front-page article on Massachusetts Governor Mitt Romney’s potential bid for the presidency and how his Mormon religious faith will impact his chances.
The article begins with an account of Romney’s dead-pan humor speaking to the Republican Jewish Coalition in Palm Beach, Florida:
Romney’s consultants do not believe that his religious affiliation will be as important to voters as political insiders are suggesting. Strategists believe, however, that Romney will eventually have to confront the religious issue directly.
The article begins with an account of Romney’s dead-pan humor speaking to the Republican Jewish Coalition in Palm Beach, Florida:
"You may have heard that I’m Mormon," Mr. Romney told the crowd, adding that it’s "very difficult being Mormon" in Massachusetts, where same-sex marriage is legalized. "You see for us, marriage is a relationship between a man and a woman and a woman and a woman."In meetings with Christian conservatives, Romney is able to say, "I personally believe that Jesus Christ is my savior." He contends that voters will choose “individuals who are people of faith”, but he does not think that the "brand of faith" should matter.
Romney’s consultants do not believe that his religious affiliation will be as important to voters as political insiders are suggesting. Strategists believe, however, that Romney will eventually have to confront the religious issue directly.
Friday, June 09, 2006
Arizona Judges Sued; Discrimination Against Mormon Law Clerk Alleged
The Arizona Republic reports today that earlier this week a former judicial law clerk and a current court employee filed federal civil rights suits against two Arizona Court of Appeals judges. Regina Pangerl accuses Judge Susan Ehrlich of discriminating against her because she is Mormon. Her claim apparently has merit because the state's Commission on Judicial Conduct reprimanded Judge Ehrlich in a non-public proceeding. Pangerl also accuses Chief Judge Sheldon Weisberg of intimidating her into quitting when she requested a transfer from her position with Judge Erlich. In a second suit, Luz Hellman, who is married to one Court of Appeals judge and works for another, accused Judge Weisberg of threatening her with criminal prosecution and dismissal after she leaked two internal memos related to Pangerl's complaints against Ehrlich.
Cert. Petition Filed In Challenge To School Muslim Role-Playing
The Thomas More Law Center, representing plaintiffs, on May 31 filed a petition for certiorari in the U.S. Supreme Court in the case of Eklund v. Byron Union School District in which the 9th Circuit dismissed a challenge to elementary school role playing activities that were designed to acquaint students with Islam. (See prior posting.) WorldNetDaily reports on the filing of the cert. petition and the background of the case.
New Jersey Court Permits Suit Over Omitted Funeral Ritual
Yesterday in Menorah Chapels at Millburn v. Needles, (NJ App., June 8, 2006), a New Jersey appellate court held that the First Amendment does not bar it from granting relief in a suit by an Orthodox Jewish family against a funeral home for breach of contract. The contract with the funeral home obligated it to furnish individuals ("shomerim") to be with the body continually until burial, in accordance with Jewish tradition. However, shomerim were present only part of the time. The court held that "Although the services at issue may be required under the tenets of the orthodox Jewish faith, the dispute does not concern the manner in which they were performed, but solely whether they were performed at all – a non-doctrinal matter." The court went on to hold that the deceased's family could be entitled to recover consequential damages for the emotional distress they suffered. The Morris County New Jersey Daily Record carries a news account of the court's decision.
Britain's Religious Groups Fight Sexual Orientation Anti-Discrimination Proposals
Earlier this year, Britain's Parliament passed the Equality Act which authorizes the government to prohibit discrimination on the basis of sexual orientation in the provision of goods, facilities and services, in education, and in the exercise of public functions. In March, the government issued a Consultation Paper indicating that it planned to introduce implementing regulations in October 2006. The new Regulations would cover discrimination against gays, lesbians and bisexuals in providing goods, facilities and services. The Consultation Paper indicated that the government was proposing only limited exemptions for religious organizations. It said that exemptions should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith. It would not exempt social services offered by religious organizations, commercial activities, or services offered under government contracts.
Yesterday, CNSNews.com reported that a coalition of religious groups has begun a vigorous campaign against the proposed regulations. The Lawyers' Christian Fellowship suggested some of the ways in which the proposed regulations would impact religious institutions. Schools run by the Church of England might be accused of bias in favor of heterosexual relationships in sex education classes. Christians who run bed-and-breakfasts would be forced to rent rooms to same-sex couples. Religious newspapers would not be able to turn down advertisements from homosexual pressure groups.
Yesterday, CNSNews.com reported that a coalition of religious groups has begun a vigorous campaign against the proposed regulations. The Lawyers' Christian Fellowship suggested some of the ways in which the proposed regulations would impact religious institutions. Schools run by the Church of England might be accused of bias in favor of heterosexual relationships in sex education classes. Christians who run bed-and-breakfasts would be forced to rent rooms to same-sex couples. Religious newspapers would not be able to turn down advertisements from homosexual pressure groups.
Texas Court Refuses To Decide Church Dispute Over Board Members
In Grenais v. Metropolitan Isaiah, (Tex. App., June 8, 2006), a Texas state appellate court has dismissed a suit asking the court to decide who are the rightful trustees (parish council) of the Annunciation Greek Orthodox Cathedral in Houston, Texas. A dispute between the originally elected parish council and Father Karambis, the pastor of the church, led him and Metropolitan Isaiah to demand resignations of the parish council and to the Metropolitan's removing those who refused to resign. The pastor and Metropolitan then appointed an interim council to run the Cathedral. The court held that the First Amendment precluded it from adjudicating the dispute. It said that the controversy inherently involves a presiding bishop's power to discipline a local parish council; to determine whether the council's members have violated their oath; and an archdiocese's right to insist on the by-laws may be adopted by its subordinate parishes.
Scientologists Challenge Nebraska's Infant Blood Test Law
The Associated Press reports on a lawsuit in federal district court in Lincoln, Nebraska. Ray and Louise Spiering have asked a judge to declare unconstitutional Nebraska's law that requires screening of newborns for various metabolic diseases within 48 hours of birth. Testing involves pricking an infant's heel to draw five drops of blood. However, the Spierings, who are Scientologists, believe that babies should have seven days of silence after birth, and that drawing blood draw before then could cause the child to later experience extreme physical and mental trauma. In 2004, U.S. District Judge Richard Kopf granted the Spierings a temporary restraining order allowing them to delay their infant's screening until after seven days. Now they are asking the court to rule that the absence of a religious exemption in Nebraska's law should lead to its being invalidated.
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