Recent Articles of Interest

From SSRN:

• Gregory A. Kalscheur, Moral Limits on Morals Legislation: Lessons for U.S. Constitutional Law from the Declaration on Religious Freedom, (Southern Calif. Interdisciplinary Law Jour., Vol. 16, Fall 2006).
  
• Timothy William Waters, Group Thinking: Antique Models of Community for Modern Religious Rights Regimes, (Oct. 31, 2006).
  
• Timothy William Waters, Reconsidering Dhimmah as a Model for a Modern Minority Rights Regime, (Oct. 31, 2006).

A revised version of Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations has been published by Practising Law Institute in Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2006.

Volume XXI, Number 2 (2005-2006) of the Journal of Law and Religion (Hamline University School of Law) has recently been published. It includes the proceedings from the American Association of Law Schools 2006 annual meeting on "Professional Responsibility and Religious Traditions", a "Law, Religion and Ethics Symposium", and other articles.

Recently published articles (in part from SmartCILP):

• Jamie Dycus, Lost Opportunity: Bush v. Holmes and the Application of State Constitutional Uniformity Clauses to School Voucher Schemes, 35 Journal of Law & Education 415-459 (2006).
  
• Vincent Phillip Munoz, The Original Meaning of the Establishment Clause and the Impossibility of Its Incorporation, 8 University of Pennsylvania Journal of Constitutional Law 585-639 (2006).
  
• Barak Medina, Enhancing Freedom of Religion Through Public Provision of Religious Services: The Israeli Experience, 39 Israel Law Review 127-157 (2006).
  
• The Role of Religion in Health Law and Policy Symposium. Foreword by William J. Winslade and Ronald A. Carson; articles by Janet L. Dolgin, Dena S. Davis, Leslie C. Griffin, Barbara A. Noah and Lawrence E. Singer. (Contents.), 6 Houston Journal of Health Law & Policy 245-377 (2006).
  
• Symposium: Law and Religion. Part Two of Two. Articles by Joan DelFattore, Richard F. Duncan, Steven G. Gey, Steven Goldberg, David A. Skeel, Jr. and William J. Stuntz. 8 University of Pennsylvania Journal of Constitutional Law 641-839 (2006).

Egyptian Court Protects Wearing of Niqab

Last week, an administrative court in Egypt ruled that Egypt's constitution protects the right of Muslim women to wear the niqab-- the veil that covers their entire face. AKI reported on Friday that Judge Abdel Qadeer Qandil, deputy president of the Council of State, signed a binding ruling on the issue holding that women wearing the niqab cannot be excluded entrance to buildings on that basis. American University in Cairo had asked for clarification on the issue. The University has banned women wearing the niqab from its library.

Government Files Appeal In Bald Eagle Protection Act Case

On Wednesday, federal prosecutors filed a notice of appeal to the U.S. 10th Circuit in United States v. Friday, a case in which a Wyoming federal district court found that the government’s implementation of the Bald and Golden Eagle Protection Act violated the free exercise rights of a member of the Northern Arapaho Indian Tribe. The Associated Press reported on the appeal, noting that the defendant could have been sentenced to up to a year in jail and a $100,000 fine for shooting a bald eagle for use in a tribal religious ceremony.

Maryland Prisons Will Offer Kosher Food

Maryland Governor Robert Erlich has approved a plan to serve kosher food in the state’s prisons to Jewish inmates requesting it, according to today’s Washington Jewish Week. About 200 of the state’s 26,000 prisoners are Jewish. The decision was made even though a federal judge last year ruled that the state did not have an obligation to serve kosher food, finding that the vegetarian diet that was available was a sufficient accommodation.

Comedian Loses In Suit Against Jews For Jesus

On Wednesday in Mason v. Jews for Jesus, Case No. 06 Civ. 6433 (RMB) (SDNY Nov. 8, 2006) [available on PACER- subscription needed], a New York federal district judge denied a preliminary injunction to comedian Jackie Mason who claims that Jews for Jesus misappropriated his image for advertising and trade purposes on a pamphlet it distributed seeking to convince Jews to accept Jesus as their savior. The suit was brought under New York's Civil Rights Act, Sec. 50-51 that protects the right to privacy. The court held that a reasonable reader of the pamphlet would not have thought that Mason endorses the views of Jews for Jesus. It held that newsworthy events or matters of public interest are not covered by the privacy statute, and that the distribution of the pamphlets was constitutionally protected speech. Yesterday WNBC reported on the decision.

Pedophile Priests Will Have Ohio Teacher Licenses Suspended

Today's Toledo Blade reports that Ohio's State Board of Education will revoke the teaching certificates of 5 current or former Catholic priests who have been disciplined by the Church for alleged child molestation. The priests were called to the attention of the Department of Education by a reporter when the Blade checked the names of priests publicly implicated in sex scandals with the Department of Education's online license database. The Board's usual monitoring and complaint mechanisms had failed to trigger suspensions earlier.

Rev. Moon Wins In German Constitutional Court

Today's International Herald Tribune reports the Rev. Sun Myung Moon and his wife have won a religious freedom challenge in Germany's Constitutional Court. German officials had denied visas to the couple in 1995 because they considered Moon's Unification Church to be a dangerous sect. A state court upheld the refusal in 2002, but yesterday Germany's highest court said that the government had not shown a threat to public safety, and the government had no right to impose its values on the religious group.

University of Wisconsin Sued By Catholic Group Over Recognition Requirements

Yesterday, the Roman Catholic Foundation at University of Wisconsin- Madison sued the university over its anti-discrimination policy that prohibits religious discrimination by recognized student groups. (Full text of complaint.) Only recognized groups have access to various university facilities and to grants from the University's student activity fees. Religious groups that wish to be recognized, in order to satisfy the non-discrimination requirements, must eliminate religious qualifications for its members and officers. The Foundation, represented by Alliance Defense Fund (release) claims that this violates various provisions of the First and Fourteenth amendments. (See prior posting.) Today's La Crosse Tribune reports on the lawsuit, which was filed in federal district court.

Challenge To Las Cruces Logo Rejected By Court

Yesterday in Weinbaum v. City of Las Cruces, New Mexico, (D NM, Nov. 9, 2006), a New Mexico federal district court dismissed an Establishment Clause challenge to the official symbol of the city of Las Cruces. Plaintiffs alleged that the city's adoption of the symbol, three crosses surrounded by a sunburst, amounted to an endorsement of religion. In a long opinion that extensively examines the Supreme Court's establishment clause jurisprudence, the history of the cross and of the city of Las Cruces, the court held that there is no indication that the city acted with a religious purpose in adopting and using its symbol. It found that "the Symbol
communicates the secular message that the City's name means 'The Crosses' and links the City to its historic roots." So "a reasonable observer of the Symbol would understand that the crosses represent, symbolically, this uniquely named geopolitical subdivision, rather than an endorsement of Christianity." Today's Las Cruces Sun-News reports on the decision.

Turkey Passes Religious Foundations Law, Partially Meeting EU Concerns

Turkey's Parliament yesterday passed the Religious Foundations Law that improves the rights of non-Muslim religious minorities in the country. Reuters reports that the European Union had pressed for Turkey to pass legislation, but this law still fails to provide compensation for religious groups whose property has been sold to third parties after being taken over by the state. Earlier this week, the European Union published a report that also called on Turkey to lift restrictions on the training of Christian clergy.

First Muslim Member Elected To U.S. Congress

The New York Times this morning reports that Muslims in the United States and overseas are applauding the election of the first Muslim member of the U.S. Congress. Keith Ellison, a Democrat, was elected to represent Minnesota's 5th district in the U.S. House of Representatives. The campaign had a religious element in it. Ellison's Republican opponent, Alan Fine (who is Jewish), said he was offended by Ellison's past support for Nation of Islam leader Louis Farrakhan. Ellison denied an link to Farrakhan, who is often seen as anti-Semitic. Ellison picked up the support of some Jewish groups in the campaign. Arab news reports say that Ellison will take the oath of office on the Koran.

UPDATE: Alan Fine tells me by e-mail that Ellison had the endorsement of only one Jewish organization, the American Jewish World newspaper.

Canada's Supreme Court Denies Review of Religious Mitigation Defense

The Supreme Court of Canada yesterday refused to hear the appeal of Adi Abdul Humaid, a devout Muslim, who claimed that his cultural and religious beliefs in "family honour"should be taken into account to give him a lighter sentence for stabbing his wife to death. The National Post today reports that Humaid's lawyer argued that his client was deprived of self-control by his wife's claim that she cheated on him-- a severe insult in the Muslim faith.

9th Circuit Enjoins Religious Services At City Financed Shelter

In Community House Inc. v. City of Boise, Idaho, (9th Cir., Nov. 9, 2006), the U.S. 9th Circuit Court of Appeals yesterday ordered a broader preliminary injunction that the district court had granted in a challenge to the terms under which the city of Boise leased property for use as a homeless shelter for men to the Boise Rescue Mission. The lease to the Christian social service group was for the nominal rent of $1 per year. The trial court had merely held that BRM could not condition the furnishing of homeless services on attendance at religious services. The Court of Appeals granted a broader injunction totally prohibiting chapel services and other religious activities at the Community House facility. It found that plaintiffs raised serious questions as to whether the BRM's religious activities at the publicly-financed Community House facility constitute governmental indoctrination of religion. KBCI News reports on the decision.

Lansing's Faith Based Office Outlines Plans

In Lansing, Michigan last week, the Mayor’s Office of Faith Based Initiatives-- formed in January-- finally outlined to City Council the detailed program it plans to pursue. City Pulse today reports that the program will try to reach out to all of the area's 500 churches, but Bishop David Maxwell who heads the new Office said that most participants will likely be from 30 to 40 urban congregations in Lansing.

Missouri State Settles Social Work Student's Lawsuit

Missouri State University has settled a suit filed against it by a social work student who claimed that action was taken against her after she refused for religious reasons to sign a letter supporting homosexual adoption as part of a class project. (See prior posting.) The Kansas City Star today reports that the University will clear former student Emily Brooker's official record of a grievance filed in the case, will pay her $9,000, and will pay her tuition and living expenses for two years of graduate social work study. The professor charged with improper action in Brooker's lawsuit has already stepped down as head of the school's MSW Program.

Church Autonomy Doctrine Leads Florida Court To Dismiss Workers' Comp Claim

A Florida state court of appeal yesterday held that under the church autonomy doctrine, civil courts may not review a Catholic Archdiocese's assertion that a workers' compensation claimant is an incardinated cleric and not an employee. In Malichi v. Archdiocese of Miami & Unisource Inc., (FL Ct. App., Nov. 8, 2006), the court held that determination of a priest's duties is a matter of the church's internal administration and government. The court said that it was not determining whether the First Amendment similarly precludes it from deciding a workers' compensation claim filed by a minister of a "congregational" or "presbyterial" church that does not have the same hierarchical structure and well-established body of canonical law as the Archdiocese.

Religious Objection In Court and Out Over Israel's Gay Pride Event

Today's Boston Globe reports on the continuing objections by ultra-Orthodox Jews in Jerusalem over tomorrow's planned gay pride march in Israel's capital city. In religious neighborhoods for the last week, ultra-Orthodox men have set trash on fire and thrown stones at police. They hope that the show of force will convince officials to cancel the march. Now ultra-Orthodox Jews are teaming up with Muslims to emphasize religious opposition to the event. Ultra-Orthodox Jewish pop singer Benny Elbaz has joined forces with a Muslim singer in a duet called "Jerusalem Will Burn!". And U.S. anti-gay activist Rabbi Yehuda Levin has traveled to Israel to join forces with Tayseer Tamimi, the head judge of the Islamic Sharia court in the West Bank, in opposition to the event. Last year an ultra-Orthodox man stabbed three people during Jerusalem's the gay pride march.

Meanwhile, according to today's Haaretz, planning has been complicated by the high security alert in Jerusalem following Israel's shelling in Gaza that killed 19 Palestinians. Yesterday Israel's High Court of Justice held a hearing on a challenge to the proposed march. Arutz Sheva says that the court will hand down its decision today in the challenge that was filed by rabbis and polticians. One of the rabbis broke into tears during the hearing.

Also the Vatican has expressed opposition to the march. Its envoy to Israel said: "The Holy See has reiterated on many occasions that the right to freedom of expression... is subject to just limits, in particular when the exercise of this right would offend the religious sentiments of believers."

UPDATE: The Associated Press reports that on Thursday, gay pride leaders cancelled their planned parade.

First Amendment Defense In Trespass Case Fails

In Commonwealth v. Cartwright, (MA Sup. Jud. Ct., Nov. 8, 2006), the Massachusetts Supreme Judicial Court yesterday rejected a First Amendment Free Exercise defense raised in a criminal trespassing case. Defendant, Pastor Scyrus Cartwright, formerly owned a building that he says he held "in trust for the use and benefit of the members of Lord and Christ Church, Inc." His wife received the property as part of a divorce settlement and she, in turn, conveyed it to Pastor Jewel Hardmon. The court upheld the jury's conclusion that Hardmon had legal control over the property.

Christian In-Patient Rehab Program Loses Zoning Suit In Florida

In Men of Destiny Ministries, Inc. v. Osceola County, 2006 U.S. Dist. LEXIS 80908 (MD FL, Nov. 6, 2006), a Florida federal district court rejected claims brought under both RLUIPA and the Florida Religious Freedom Restoration Act by a Christian residential drug and alcohol rehabilitation program that was denied a conditional use permit to operate in an area near St. Cloud (FL) zoned for residential use. The court found that the county's refusal did not impose a substantial burden on the organization's exercise of its religion since it is free to run its program in other areas of the County that are zoned appropriately or to operate through out-patient counseling rather than with an in-patient facility.

7th Circuit Rejects Church's Land Use Claims

Yesterday in Vision Church, United Methodist v. Village of Long Grove, (7th Cir., Nov. 7, 2006), the U.S. Seventh Circuit Court of Appeals rejected Free Expression, Free Exercise and RLUIPA challenges to a requirement that churches need to obtain special use permits to locate in Long Grove, Illinois. It also rejected the church's argument that the village's regulations violate the Establishment Clause by favoring existing religious institutions over new ones. It held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA, and that size restrictions imposed on the church did not substantially burden its exercise of religion. It rejected constitutional and statutory claims of unequal treatment and Vision Church's claim that it had a vested right to build under pre-existing zoning rules.

Opponents of Intelligent Design Prevail In Ohio School Board Races

In Ohio yesterday, in contests for five seats on the State Board of Education, four of the winners oppose the teaching of intelligent design in science courses. (Election results.) In District 7, the race in which the science curriculum issue was most important, Thomas Sawyer soundly defeated incumbent Deborah Owens Fink, who supported the Board's proposed standard and lesson plan for 10th-grade biology courses that called for a "critical analysis" of evolutionary theory. (See prior posting.) In District 2, John Bender defeated Intelligent Design supporter Kathleen McGervey. (See prior posting.) In Districts 4 and 8, the winners G.R. Schloemer and Deborah L. Cain both oppose the teaching of Intelligent Design in science classes. (McClatchy Tribune Business News; Canton Repository).

The Cleveland Plain Dealer this morning reports that the four candidates were backed by Help Ohio Public Education (HOPE), a group created by scientists who were upset at the Board's attempts to introduce intelligent design into science classes. HOPE specifically recruited former Akron mayor Thomas Sawyer-- the successful District 7 cnadidate-- to run. Only in District 3 did a supporter of Intelligent Design in science classes win election to the state school board. At least that appears to be the position of winner Susan M. Haverkos.

Can British Lawyers Wear Niqab?

The niqab-- or veil that some Muslim women wear to completely cover their face-- has again become the subject of controversy in Britain. This time the presiding judge of the Asylum and Immigration Tribunal is being asked to decide whether solicitor Shabnam Mughal can argue a case before the Tribunal dressed completely in black with a full-face veil leaving only her eyes visible. Today's London Telegraph reports that one of the Tribunal's judges, George Glossop, asked Miss Mughal on Monday if she would "kindly remove her veil to assist with communication". He said: "It will allow me to see your face and I cannot hear you as well as I would like." Mughal, who refused the request, says she has worn her veil while representing clients before tribunals in different parts of the country for two years. Today's Daily Express says that the case has now been referred to a senior High Court Judge, Sir Henry Hodge.

Virginians Pass Amendment To Permit Incorporation of Churches

The Associated Press reports that in Virginia yesterday, voters easily approved an amendment deleting from the state constitution a ban on the incorporation of churches. The section had already been held to be unenforceable as violative of the U.S. Constitution's free exercise clause. (See prior posting.)

Report Will Find Discrimination Against Muslims In India

The Inter Press Service News Agency reported on Tuesday that a report being prepared for the Indian government will find serious discrimination against Muslims. The Prime Minister's High-Level Committee on the Social, Economic and Educational Status of Muslims, chaired by a former High Court judge, Rajinder Sachar, is expected to report that Muslims, India's largest religious minority, face systematic exclusion in many areas of society. They are India's new underclass, lacking access to public services, education, social mobility and jobs.

Italy Proposes Ban On Niqab

Italy's Vice-Premier Francesco Rutelli says that the government will be proposing a change in Italian law to make the wearing of the niqab-- the full face covering worn by some Islamic women-- illegal. BBC News today reports that the move is partly a concern that current anti-terrorism laws that merely outlaw the wearing of masks in public are insufficient. But Prime Minister Romano Prodi has put forth a broader rationale: "You can't cover your face, you must be seen," he said. "It's important for society and for integration."

Tennessee County School Board Approves New Bible Course

In Wilson County, Tennessee, the school board which is already in court in a challenge to religious practices in its schools (see prior posting) has approved the offering of a new elective Bible course. WTVF Nashville today reports that most of the speakers at Monday's school board meeting said that the new course would violate requirements for church-state separation. The Board nevertheless adopted it, arguing that a prayer rally last month and comments at a recent work session show that a majority favor the move. Much will depend on the content and curriculum for the course-- matters which the Board has not yet begun to determine.

Many Will Vote Today In Church Buildings

As Americans go to the polls today, many people will find that their voting place is a church. Last week's Orlando Sentinel carried an interesting article pointing out that almost half of Volusia County, Florida's polling places are in houses of worship. The county has received few complaints about the practice. Nevertheless, Rob Boston of Americans United for Separation of Church and State, said:"Local governments should realize that not everybody is comfortable voting in churches. Generally speaking, a community center or a school would be better." However, as reported last month by ABC7 Chicago, many school parents object to use of schools as polling places because it allows strangers in without adequate security. Meanwhile, Volusia County, Florida's assistant supervisor of elections, Karen Harris, said that anyone who is uncomfortable about voting in a church can vote ahead of time or on election day at the county Supervisor of Elections Office.

Tennessee Teachers Lack Standing In Establishment Clause Case

In Smith v. Jefferson County Board of School Commissioners, 2006 U.S. Dist. LEXIS 80483 (ED TN, Nov. 2, 2006), a Tennessee federal district court held that three teachers who were dismissed when a state-run alternative school was closed for budgetary reasons lacked standing to bring an Establishment Clause challenge to the school board's contracting with a religious organization to provide alternative school services. In its decision last week, the court said that any injuries plaintiffs suffered resulted from the Board of Education's decision to select an outside third party to provide alternative services, regardless of whether that third party was a faith based organization.

Ten Commandments Monument Returns To Wyoming City

In Casper, Wyoming tonight, city council is scheduled to approve a resolution to create a historic monuments plaza that will display a Ten Commandments monument along with monuments to five other historic documents. Today's Casper Star Tribune reports that the Ten Commandments monument used to stand by itself in a city park, but was removed in 2003 when litigation was threatened.

Texas Governor Discusses His Christian Beliefs

Texas Governor Rick Perry, running for re-election in a widely-watched five-way race, attended services on Sunday at San Antonio's Cornerstone Church where he sat on stage next to Rev. John Hagee. Yesterday's Dallas Morning News reported on the event. Perry was among 60 (mostly Republican) candidates who had accepted the mega-church's invitation to be introduced to the congregation, as well as those listening on radio and watching on television. Rev. Hagee preached a sermon enunciating standard evangelical doctrines regarding the necessity to accept Jesus. Afterwards, Gov. Perry, responding to a reporter's question, said that he believes in the inerrancy of the Bible and that those who do not accept Jesus as their savior will go to hell.

Later in the day Perry attempted to clarify his remarks, saying "I don't know that there's any human being that has the ability to interpret what God and his final decision-making is going to be." He added: "Before we get into Buddha and all the others, I get a little confused there. But the fact is that we live in a pluralistic world but our faith is real personal. And my Christian faith teaches that the way is through Jesus Christ." One of Governor Perry's election opponents, Kinky Friedman (who is Jewish), said that Perry's remark "hits pretty close to home".

NY Tax Benefits To Parochial School and Clergy Questioned

An editorial today in Newsday (Long Island, New York) criticizes two benefits given to local religious institutions and clergy . The first is the recent approval by the Suffolk County (NY) Industrial Development Agency of the issuance of up to $35 million in tax exempt bonds so that St. Anthony's Roman Catholic High School can construct a new building housing athletic facilities, laboratories and studios. The second is a report last week that 267 clergy in Nassau County (NY) pay no school property taxes on their homes so long as they are valued at less than $600,000.

Malaysia Will Punish Pranksters Who Falsely Reported Conversion Ceremony

Today's International Herald Tribune reports that the Malaysian government says it will punish pranksters who sent out false cell phone text messages saying that there would be a mass conversion ceremony of Muslims to Catholicism at a church in Perak state Sunday. About 1,000 people gathered in protest outside the church until it was learned that the ceremony was a Communion Mass for about 100 ethnic Indian Catholic children. Proselytizing of Muslims is prohibited in Malaysia

Churches Focused On Elections On Sunday

Reuters yesterday reported on activities in churches around the nation as election day approaches. Some churches generally urged people to be certain to vote. Others focused on supporting specific issues on the ballot, such as gay marriage and embryonic stem cell research. In an 11-county diocese in Wisconsin yesterday, all Catholic churches were required to play a 14-minute talk by Bishop Robert Morlino addressing three issues on Wisconsin's ballot on Tuesday: a proposed state Constitutional amendment banning civil unions for straights and gays, an advisory referendum on the death penalty and stem cell research. (Portage WI Daily Register). Meanwhile, today's Columbus, Georgia Ledger-Enquirer runs a long story on how local churches deal with candidates who visit their congregations to speak or to pray.

Christians Assert Rights In Several Cases In Britain

Cross Rhythms today carries a review of a number of pending cases in Britain in which Christians are challenging limitations on expression of their religious beliefs. Two of the cases involve controversies over names-- one in which the Exeter Christian Union is being forced by University officials to change its name to the Evangelical Christian Union, and another in which Christian groups are challenging the Voluntary Euthanasia Society's change of name to Dignity In Dying as violative of Britain's trademark law. Other cases involve the right to wear religious-themed jewelry in various settings.

Newsweek Explores Evangelical Agenda and Impact On Public Policy

This week's Newsweek carries a long cover story titled An Evangelical Identity Crisis that focuses on the efforts of some in the movement to expand the evangelical agenda to include issues of social and economic justice. It also carries the results of a new poll that are summarized in a press release. 62 percent of evangelicals say that religion plays too small a role in American political and cultural life.

The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."

More Prisoner Free Exercise Decisions Become Available

In Winford v. Endicott, 2006 U.S. Dist. LEXIS 80248 (ED WI, Nov. 1, 2006), a Wisconsin federal district court permitted an inmate to proceed with free exercise and equal protection claims stemming from denial to him of his religious books relating to a Satanic faith when he was transferred from one penal institution to another.

In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.

In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.

The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).

In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.

In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.

In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.

Utah Judge Opposes Baptism Of Child

In Utah, state judge Leslie Lewis who is up for re-election on Tuesday has been accused of making comments in court that are insensitive to Mormon beliefs. KUTV Salt Lake City reports that (as shown in a video posted on YouTube) the judge ruled that a divorced father should not baptize his daughter at age 8, over the objections of his former wife who has custody of the child. Judge Lewis ruled that the parents should wait until the girl turns 12 so she can decide for herself whether she wishes to be initiated into the LDS Church. Speaking of baptism as a youngster, Lewis told the father: "Somebody did that to me and I have resented it lo these many years."

Reconstructionist Rabbis Support NJ Gay Marriage Law

The Reconstructionist Movement in Judaism has supported gay marriage since the 1980's. This week, the New Jersey Jewish Standard interviews Reconstructionist rabbis on the issue as New Jersey's legislature decides how to respond to a recent state Supreme Court decision requiring legislative action to extend equal rights to gay couples. These rabbis say that currently, by prohibiting same-sex marriages, the state legislature is interfering with their religious right to perform marriages in accord with their beliefs. The Reform Movement in Judaism leaves the decision of whether or not to perform same-sex marriages up to individual rabbis. The Conservative and Orthodox movements have not accepted same-sex marriages.

New Articles and Book On Law & Religion

From SmartCILP:
Barak D. Richman, How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006).

From SSRN:
Jonathon W. Penney & Robert Jacob Danay, The Embarrassing Preamble? Understanding the Supremacy of God and the Charter, (University of British Columbia Law Review, Vol. 39, p. 287, 2006).

Marci A. Hamilton, The Religious Origins of Disestablishment Principles, (forthcoming Notre Dame Law Review).

Cyra Akila Choudhury, Terrorists & Muslims: The Construction, Performance and Regulation of Muslim Identities in the Post-9/11 United States, (Rutgers Journal of Law and Religion, Vol. 7, No. 3).

From Bepress:
Jennifer Smith, Morse Code, DaVinci Code, Tax Code and Churches, (Oct. 30, 2006).

Debra L. Lowman, A Call for Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, (Oct. 28, 2006).

The Summer 2006 issue of Journal of Church and State has recently been published.

New book:
H. Stephen Shoemaker, Being Christian in an Almost Chosen Nation (Abingdon Press, Oct. 2006),(reviewed by the Dallas News).

Ted Haggard and the White House

Yesterday’s Rocky Mountain News talks about the relationship of scandal-plagued Rev. Ted Haggard to the White House. Haggard resigned Friday as head of the National Association of Evangelicals in the wake of sex and drug charges by a male prostitute in Denver. The paper says:

Haggard has advised the White House on issues ranging from judicial appointments to steel tariffs. But he also sought to widen the agenda of Christian evangelicals into areas the Bush administration - and many of his Christian brethren - would rather avoid.… Haggard has angered some religious conservatives for urging Christians to protect Muslims in the days after the Sept. 11 terrorist attacks.... Last summer, he joined an eclectic group of 27 religious leaders ... urging the government to "abolish torture now - without exception".… Haggard's recent efforts promoted through the NAE a "broad biblical agenda" that included improving health care, ending racism and addressing global warming.... through a free-market approach....

At yesterday's White House press briefing, spokesman Tony Fratto fielded questions about Haggard's relationship to the White House:

Q This Reverend Haggard out in Colorado, is he someone who is close to the White House? There had been reports that he was on the weekly call with evangelicals. Is that true?

MR. FRATTO: I'm actually told that that's not true, that he has -- in terms of a weekly call that he has? He had been on a couple of calls, but was not a weekly participant in those calls. I believe he's been to the White House one or two times. I don't want to confine it to a specific number because it would take a while to figure out how many times. But there have been a lot of people who come to the White House, and --

Q -- when was he at the White House?

MR. FRATTO: I couldn't tell you specifically. I know that there was a picture of him with the President in one of the TV reports, so obviously he met with the President at some point in time.

Look, this is a personal issue for someone. It's something that Reverend Haggard needs to deal with, with his family and his church. And I'm not sure that there's any comment beyond that that's necessary.

Q Would that make evangelicals dispirited and maybe sit out the election Tuesday?

MR. FRATTO: I doubt it. I doubt it.

Q Why?

MR. FRATTO: Well, because I think the community you're referring to understands where the Republican Party is on issues that are important to them, and someone's -- something that an individual did that affects them personally shouldn't affect their interest in advancing issues that they care about.

First Amendment Land Use Rights, Or Legal Loophole?

Today's Tacoma, Washington News Tribune reports that the city of Tacoma has issued a final environmental review that permits First Methodist Church to demolish the historic First United Methodist Church Building. The city says that the church’s First Amendment rights require it to permit the demolition. Historic preservationists, however, say that the requirements of the law preserving historic landmarks are being evaded. It seems that Multicare Health System bought the church property in May for $8 million to use for expansion of two of its hospitals. However, when it appeared that there would be historic preservation problems with removing certain items from the sanctuary, the hospital system transferred the building back to the church so the church could apply for the demolition permit. The Washington Trust for Historic Preservation is considering whether to appeal the city’s decision.

Guy Fawkes Day Festivities Still Controversial

In England, November 5 is Guy Fawkes Day, marking the foiling of the 1605 Gunpowder Plot that occurred during the long-running religious battle that followed Henry VIII’s break from Rome in 1534. A dozen Catholics were caught preparing fuses to blow up London’s Westminster Palace with barrels of gunpowder. The Toronto Star on Saturday reported on the somewhat controversial festivities that take place each year in Lewes, England to mark Guy Fawkes Day. 50,000 people converge on the town to mark Bonfire Night. In a carnival-like atmosphere, with a “No Popery” banner strung across the town’s main road, Pope Paul V, who reigned at the time of the plot, is burned in effigy. When, as this year, Nov. 5 falls on Sunday, the anti-Catholic celebrations are rescheduled to take place a day earlier.

Church-State In the 2006 Elections

The Interfaith Alliance has compiled its list of the Top Ten violations of separation of church and state in the 2006 elections. Talk To Action yesterday reprinted the list. Number 5 on the list is Ohio’s Patriot Pastors—recruited by Russell Johnson’s Ohio Restoration Project. This week’s Christianity Today has a long article on the group and the like-minded organization, Reformation Ohio, led by Rod Parsley.

Suit Challenges Rules Of Michigan State Employees Combined Campaign

Yesterday, the Association of Faith Based Organizations filed suit in federal court against the Michigan State Employees Combined Campaign, challenging the exclusion of certain religious groups from Michigan’s program that allows state employees to voluntarily contribute through payroll deductions to participating charities. Under Michigan’s rules, in order to participate charitable groups may not discriminate on various grounds, including religion, in selecting members, employees and volunteers. The complaint (full text) alleges that this requirement prevents religious groups from limiting their hiring to members of their own faith, while secular groups can hire only employees who agree with their missions. The suit seeks declaratory and injunctive relief on the grounds that the requirements violate the First Amendment and Equal Protection rights of religious organizations. Alliance Defense Fund issued a release announcing the filing of the lawsuit. Similar suits have been filed in Wisconsin and Florida.

Sexual Charges Against Evangelical Leader Have Political Implications

Today's Washington Post says reports on the resignation of Ted Haggard as president of the National Association of Evangelicals over accusations that Haggard paid to maintain a 3-year gay sexual relationship with a Denver man, Mike Jones. Today's Rocky Mountain News says that Haggard was also accused of buying methamphetamine, a drug that enhances sexual experience. Apparently Haggard has admitted that some of the charges are accurate, saying he bought the drugs, but never used them. He says he only received a massage from Jones. A polygraph test taken by Haggard's accuser indicated deception on questions about sexual contact with Haggard. However Jones' lack of sleep, and a migrane from which he was suffering, may have affected the polygraph results. Analysis of a voice mail message reportedly implicated Haggard.

The Post speculates that the charges may have a negative impact on Republicans trying to rally their conservative Christian base to turn out for Tuesday's mid-term elections. Prof. William Martin of Rice University says. "This is one more factor that could increase the disillusionment of evangelicals with prominent leaders on the Christian right and with the political process as a whole, and some may conclude that perhaps their forebears were wise to be wary about politics."

Haggard today also stepped down as pastor of his 14,000-member New Life Church in Colorado Springs, Colorado. The Post says that Jones was impelled to come forward with his accusations at this time in part because in Colorado there are two issues on Tuesday's ballot relating to same-sex marriage. (Amendment 43 defining marriage as between one man and one woman, and Referendum I proposing a domestic partnership law.) Haggard has been an outspoken opponent of same-sex marriage. The May 2005 issue of Harpers carried a very long portrait of Haggard and his influence in an article titled Soldiers of Christ.

Bible Club Thrives In Elementary Schools

An AP story carried in today's Chicago Tribune discusses Kids for Christ Bible Clubs that operate in elementary schools across the country. The organization recruits parents to sponsor the clubs that meet prior to the start of the official school day. Bob Heath, founder of the clubs, would like to see his Bible-study groups in every elementary school in America.

Indian Government Defends Islamic Courts

In India, the government has responded to a public interest lawsuit filed in the Supreme Court seeking the abolition of Islamic courts. (See prior posting.) The government argues that such courts merely issue advisory opinions, and that no one is required to use those courts. The government says that the creation of these bodies as alternative dispute resolution mechanisms is protected by India's constitution that guarantees every religious denomination the freedom to manage its own affairs in matters of religion. Reports are in yesterday's Times of India and Hindustan Times.

Transcript of Religion and Politics Discussion

The Washington Post's website carries the transcript of yesterday's online discussion with John Green, Senior Fellow, Pew Forum on Religion and Public Life, focusing on Religion and Politics.

Christian Student Has Partial Win In Suit Against North Carolina High School

Yesterday in Arthurs v. Sampson County Board of Education, (ED NC, Nov. 2, 2006), a North Carolina federal district court issued a temporary injunction preventing the Sampson, NC school board from enforcing two policies on the distribution of written materials by students in Midway High School. One prohibited distribution of materials expressing religious preferences or beliefs. The other gave complete discretion to the school principal to approve written material that was handed out in the school. The court, however, refused plaintiff's request for a temporary injunction to force rewriting of the school's dress code, finding that it does not ban the wearing of religious themed T-shirts. The lawsuit was filed by a student who was not permitted to hand out Day of Truth cards presenting a Christian view on homosexuality. (See prior posting.) An Alliance Defense Fund release discusses the court's ruling, as does an article in yesterday's Charlotte Observer.

New Jersey Mosque Wins Temporary Injunction

On Wednesday, a New Jersey federal district judge issued a temporary injunction preventing the Township of Wayne, NJ from exercising its eminent domain powers to seize for open space land on which a Muslim congregation had planned to build a mosque. A release by the Becket Fund yesterday details the history of the dispute between the Albanian Associated Fund and a community group opposing its planned construction of a place of worship. (See prior posting.)

Parliament Continues To Deal With Religion and School Issues

In Britain's Parliament, issues of religion and schools continue to occupy the agenda. Today, the House of Commons is debating an amendment to the Education and Inspections bill that would let students in public schools opt out of religious exercises on their own initiative, instead of needing a parent to request their withdrawal from religious activities. (Politics.co.uk). In a separate matter, on Monday the House of Lords rejected two proposals that would have given councils the power to require all new faith schools in their areas to admit 25% of their student bodies from other religious groups. (See prior posting). Instead, the Lords adopted a general provision that requires all schools in England to promote "community cohesion". (Christian Today.)

High Profile Chaplain Sues Navy

The Rutherford Institute yesterday announced that it has filed suit in federal district court in Washington, D.C. on behalf of high profile Navy chaplain Gordon J. Klingenschmitt. The chaplain, who was court martialed in September for disobeying orders not to wear his uniform to a press conference that criticized the Navy's policy on religious exercise, is now the subject of separation proceedings instituted by the Navy on different grounds. The Navy says he lost the endorsement of his religious group to act as a chaplain. Klingenschmitt resigned from the Evangelical Episcopal Church shortly after he was convicted in the court martial. Subsequently, however, he secured a nomination as a chaplain from another evangelical organization, the Full Gospel Church. The complaint (full text) in Klingenschmitt v. Winter seeks an injunction to stop the Navy from separating Klingenschmitt from the service by treating him as a new applicant because of his change in ecclesiastical endorsement. More broadly, the suit seeks a declaratory judgment finding that the Navy's policy of preventing chaplains from praying "in Jesus name" in settings with general audiences is unconstitutional. (See prior related posting.)

UPDATE: The Marine Corps Times reports that on Wednesday the court refused to grant Chaplain Klingenschmitt a temporary restraining order in his pending suit.

Romney Discusses Attitudes On Mormonism With Evangelical Leaders

The Boston Globe reports this morning that Massachusetts Governor Mitt Romney has been holding a series of meetings with evangelical Christian leaders to discuss how Romney should address his Mormon religious beliefs in any campaign for the Presidency that he may launch. The lengthy article reports that a number of steps are being taken by Romney supporters to educate the public about the Mormon faith and break down negative stereotypes of the Mormon Church.

Marine Father Scores Initial Victory In Suit Against Funeral Picketers

On Monday in Snyder v. Phelps, (D MD, Oct. 30, 2006), a Maryland federal district court handed down an initial decision in a suit against Westboro Baptist Church, its pastor Fred W. Phelps, Sr., and several other members of the church brought by Albert Snyder, the father of a U.S. Marine Lance Corporal who was killed in Iraq. In the suit, Snyder alleged that the defendants committed various torts when they protested at his son's funeral and made offensive Internet postings. Defendants, as they have done elsewhere around the country, intruded on Lance Corporal Matthew Snyder's funeral with signs protesting homosexuality, Catholicism and the military. They also posted on their website messages saying things such as Plaintiff and his wife had "raised [Matthew] for the devil".

The court rejected several jurisdictional objections raised by Phelps and the other defendants. It held that Snyder adequately state a claim for defamation, intrusion on seclusion, publicity of private life, intentional infliction of emotional distress, and civil conspiracy. The court held that it did not have enough information before it at this stage of the proceedings to determine whether or not defendants' actions were constitutionally protected by the First Amendment's free exercise clause.

Turkish Archeologist Acquitted Of Insulting Islam

The Associated Press reports that in Turkey yesterday, a trial court ruled that a 92-year old archeologist was not guilty of insulting people based on their religion. Muazzez Ilmiye Cig, an expert on the ancient Sumerian civilization, had written a book arguing that Islamic-style head scarves date back over 5,000 years and were worn by priestesses who initiated young men into sex. The charges against her were initiated by an Islamic-oriented lawyer who was offended by her book. In her trial that lasted less than one hour, a prosecutor urged that the charges against Cig be dropped, saying that her actions had not endangered public safety in any way. The court ruled that Cig's actions did not constitute a crime, and acquitted her publisher as well.

South Carolina School Superintendent Candidates Views On Intelligent Design

Today's Charleston (SC) Post and Courier discusses the views on intelligent design held by the six competing candidates for South Carolina Superintendent of Education. Only Republican Karen Floyd thinks that it is appropriate to teach alternatives to evolution in public school science classes. Most of the other candidates, including Democrat Jim Rex, favor teaching the topic, but in social studies or courses dealing with the history of religion.

Survey of Muslim Voters Released

Last week in Washington, D.C., the Council on American-Islamic Relations released a survey on the demographics, political views and social integration of Muslim voters in the U.S. The poll indicates that they are young, well-educated and religiously diverse, and feel that Muslims should emphasize the values they share with U.S. Christians and Jews. The full text of the survey is available online.

Mayor Says City's Promo For Christian Halloween Alternative Was Improper

In Toledo, Ohio, the mayor's office has decided that a city official acted improperly this week in publicizing three events offering a Christian alternative to Halloween. Today's Toledo Blade reports that the city's Board of Community Relations executive director, Juanita Greene, used a city computer and the city's e-mail account to distribute a news release publicizing "Holyween", a Christian alternative to "trick or treating" sponsored by G.O.D.S. Ministries. The alternative events were held at two churches and at a YMCA branch and had the support of 8 Christian organizations in the city.

India Candidate's Appeal To Catholic Voters Voids His Election Win

In India this week, the Kerala High Court set aside the election of a winning candidate to the lower house of India's Parliament (the Lok Sabha) on grounds that would astound U.S. politicians. The Indian Election Commission's Model Code of Conduct provides that "there shall be no appeal to caste or communal feelings for securing votes". After National Democratic Alliance candidate P.C. Thomas defeated his next-closest rival, P.M. Ismail, by less than 1,000 votes for the seat representing the Muvattupuzha constituency, Ismail petitioned the court arguing that Thomas violated the election code of conduct. The petition claimed that by printing his picture along side that of Pope John Paul II and Mother Teresa on a calendar used as campaign literature, Thomas raised religious passions. The court agreed and declared Ismail, candidate of the Communist Party of India-Marxist, to be the winner of the parliamentary seat. The court, however, stayed its judgment for a month to permit an appeal to the Indian Supreme Court. The Indo-Asian News Service and Thir Uvananthapuram reported on the court's decision.

Suit Over Auto Sticker's Religious Design Settled

In Burbank, Illinois, a dispute over the city's requiring residents to display a vehicle sticker with an arguably religious drawing on it has been settled. The Chicago Tribune today reports that Nichole Schultz will no longer be required to display the sticker that includes a drawing of a soldier kneeling before a gravesite marked by a cross. A filing asks the court to dismiss the suit challenging the sticker, saying that officials have agreed that if Schultz is ticketed for not displaying it, they will not pursue a fine against her. (See prior related posting.)

Suit Says Missouri University Violated Rights Of Social Work Student

The Alliance Defense Fund Monday filed a federal lawsuit (text of complaint) against Missouri State University on behalf of a former social work student who alleges that her First Amendment rights were violated when one of her professors insisted that she participate in a project that violated her Christian religious beliefs. The ADF's release says that Prof. Frank G. Kauffman assigned his social work students a project promoting homosexual foster homes and adoption. For it, he required the entire class to write and individually sign a letter to the Missouri Legislature in support of homosexual adoption. Student Emily Brooker refused to sign the letter because it violated her religious beliefs. This led to a complaint being filed against her for violation of the School of Social Work’s "Standards of Essential Functioning in Social Work Education" and to a hearing in which she was asked invasive questions about her views on homosexuality.

The Springfield (MO) News Leader today reports that university officials are investigating the allegations made in the lawsuit. It issued a statement saying: "Missouri State University has been and is committed to protecting the rights of its students, as well as its faculty and staff, including free speech and expression, and freedom of religion."

Michigan Pastor's Political Endorsement Questioned

The Interfaith Alliance has criticized Republican Michigan gubernatorial candidate Dick DeVos for accepting an endorsement from a church's podium by its pastor. The endorsement could jeopardize the church's non-profit tax status. The Associated Press reports that a DeVos campaign blog posting Sunday said that DeVos had been endorsed by Rev. Marvin Winans of Detroit's Perfecting Church. The DeVos campaign, however, now says that the statement was a personal endorsement by the pastor, and not political activity by the church.

For Halloween: Salem Witch Presses For Civil Rights

Today is Halloween. For Wiccans, that means the celebration of the New Year of Samhain. And in Salem, Massachusetts, 73-year old Laurie Cabot is in the midst of a campaign to get city leaders across Massachusetts to respect the civil rights of witches. She has a 4-page legal memo on the topic. Reuters yesterday reported that Salem, the location of historic 17th century witch trials, has now become a center for the pagan community. Some 500 to 1,000 practicing witches live there, and the city abounds with shops that sell Tarot cards and magic supplies-- all attracting tourists at this time of year. Laurie Cabot, the city's first modern openly practicing witch runs one of those shops. She was proclaimed the city's "official" witch in 1975 by Massachusetts' then-governor Michael Dukakis.

Anti-Gay Church Files Open Records Request In Topeka

The Westboro Baptist Church of Topeka, Kansas has gained notoriety for its picketing of veterans' funerals with signs claiming that military deaths stem from U.S. tolerance of homosexuality. (See prior posting.) Today's Topeka Capital-Journal reports that the church has now filed an open records request with the city of Topeka. It seeks information on letters that the city has sent to other communities alerting them of Westsboro's plans to picket there. The request asks for all communications sent by Topeka government officials regarding Westboro Baptist Church, and information on the time spent and funds expended in sending out warnings. Topeka Mayor Bill Bunten says he sent out the letters to deflect anger at Topeka felt by other communities. Westboro's spokesperson, Shirley Phelps-Roper, however, argues that the Constitution bars the mayor from using government funds or facilities to take aim in this way at a religious group.

Queen Elizabeth Reaches Out To Catholic Church

Yesterday AHN reported the Britain's Queen Elizabeth has moved to lessen centuries of tensions between the British Royal Family and the Catholic Church. Last month the queen granted permission for her cousin, Lord Nicholas Windsor, who is a convert to Catholicism, to marry at the Vatican in Rome. The wedding will be performed by a former Anglican vicar who converted to Catholicism in protest of ordination of women. Lord Nicholas is the first member of the British Royal Family in 400 years to marry in Rome. Queen Elizabeth also agreed to attend a reception for the newly-married Catholic couple to be held in Britain in January.

RLUIPA Suit Over Rural Maryland Christian School Project

Anne Arundel County, Maryland's Riverdale Baptist Church has filed suit in federal court invoking RLUIPA to force the county to permit it to move ahead with its building of Arundel Bay Academy, a Christian school that would enroll 220 students in grades K-8. Today's Annapolis Capital reports that the church has been involved in litigation over the project in state courts since 2003, as neighbors object to the traffic the school would bring to the rural county's narrow roads. The church's new lawsuit alleges that changes in county development regulations have been aimed specifically at the church's building project.

Vatican Envoy Addresses UN On Religious Freedom

Last Friday, the Vatican's permanent observer to the United Nations delivered an address to a committee of the General Assembly on religious freedom concerns around the world. He said: "we have come to a turning point in history which demands more of us, including a commitment to interreligious dialogue. At the same time, my delegation is increasingly convinced of the indispensable importance of reciprocity, which, by its very nature, is apt to ensure the free exercise of religion in all societies." Archbishop Celestino Migliore's statement (full text) marked the 25th anniversary of the adoption of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. The address was covered by Catholic Online.

British Band May Need License To Play Jingle Bells

In a twist from the usual complaints, a band in Cornwall, England may not be able to play Jingle Bells and other non-religious Christmas songs this year. The London Daily Mail reported last week that Britain's Licensing Act 2003 may require the Callington Town Band to obtain a costly license for each of its performances unless it falls within the Act's exemption for entertainment incidental to a religious meeting or service. The Caradon District Council's licensing department interprets this to mean that an exemption is available only if the band sticks to religious Christmas carols. If it plays White Christmas or Rudolph the Red Nose Reindeer, the band that raises hundreds of pounds for charity each year will need to have a temporary license for each of its seven Christmas programs that are to be presented in venues that do not have public licenses. South East Cornwall representative in Parliament, Liberal Democrat Colin Breed, who is trying to resolve the issue, said that the ruling was an unintentional consequence of the licensing regulations. He added, "It's just total nonsense.... Hopefully common sense will prevail."

Saudi Arabia Opens To Tourists-- With Religious Limitations

For the first time, Saudi Arabia will issue tourist visas to foreigners, according to a report from Reuters in today's Kaleej Times. In the past, only haj pilgrims and foreigners sponsored by Saudi residents could enter the country. Now 18 tour operators will be able to issue visas. However, non-Muslim tourists will not be able to visit the holy cities of Mecca and Medina. Alcohol will continue to be banned, and women visitors will be required to be covered from head to toe in public. However the country's ban on photography has been lifted, as the Supreme Commission of Tourism hopes to attract 1.5 million wealthy tourists by 2020. Already, the website of Saudi Arabian Airlines offers information about available tours.

Australian Catholic Church Skeptical Over Government Funding For Chaplains

In Australia, Prime Minister John Howard is backing a $90 million national school chaplaincy program. Under the program, both public and private schools will be able to apply for grants of up to $20,000 to employ chaplains who will promote values and mentor students. The Age yesterday reported that the originator of the proposal, Liberal MP Greg Hunt, says that church-state issues are avoided because acceptance of government money will be purely voluntary, as will be any student's decision to consult a chaplain. However Catholic school officials are expressing caution over provisions requiring federal government approval of chaplains who are hired. Catholic News today quotes the head of New South Wales Catholic Education Commission who calls a government veto over Catholic school staff "unprecedented".

More October Prisoner Free Exercise Cases

In Hills v. Epps, (5th Cir., Oct. 24, 2006), the U.S. Fifth Circuit Court of Appeals upheld a lower court ruling that a challenge to a Mississippi prison regulation regulating hair length was frivolous. Plaintiff prisoner wanted to wear dreadlocks for religious reasons.

Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.

In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.

In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.

Bush's Faith-Based Policies Criticized

Thanks to Blog from the Capital for highlighting an article in the most recent issue of the New York Review of Books. Gary Wills writes a stinging review of President George W. Bush's policies titled A Country Ruled By Faith. His thesis, detailed in the article, is:

Bush promised his evangelical followers faith-based social services, which he called "compassionate conservatism." He went beyond that to give them a faith-based war, faith-based law enforcement, faith-based education, faith-based medicine, and faith-based science. He could deliver on his promises because he stocked the agencies handling all these problems, in large degree, with born-again Christians of his own variety.

Extending his critique to the Iraq war, Wills concludes:

There is a particular danger with a war that God commands. What if God should lose? That is unthinkable to the evangelicals. They cannot accept the idea of second-guessing God, and he was the one who led them into war.

Animal Rights Demonstrators Lose Establishment Clause Claim

In Deardorff v. Louisville/ Jefferson County Metro Government, 2006 U.S. Dist. LEXIS 78235 (WD KY, Oct. 20, 2006), a Kentucky federal district court rejected the claim of animal rights demonstrators that police violated the Establishment Clause by moving them away from the front of a church where they could be seen by cars entering the church's premises. The demonstrators believed that Kentucky Fried Chicken executives attended the church, and they wanted to reach those executives with their protest.

Archbishop of Cantebury On Regulation of Religious Symbols

Last week, upon his return from a trip to China, Rowan Williams, the Archbishop of Cantebury, published an of-ed column in the London Times titled A Society That Does Not Allow Crosses or Veils in Public Is a Dangerous One. The column comes after British political leaders have criticized the wearing of the Niqab by Muslim women. (New York Times, Oct. 22.) Reactions to William's column were reviewed in This Is London last Friday.

Vandalism Follows Teachers' Request To End School Board Prayer

Two teachers who requested the Crawford County, Georgia Board of Education to stop opening board meetings and new teacher orientations with prayer found that someone disagreed strongly with their proposal. The Macon (GA) Telegraph reported today the teachers found the tires on their cars slashed. The vandalism took place in the school board parking lot on the night of the October board meeting-- a meeting that, as usual, opened with a prayer. School officials say that prayer will continue, but they will comply with guidelines that call for prayers to be denominationally neutral. Presumably that means that the routine practice of mentioning Jesus by name in opening prayers will be changed.

Recent Articles and Books of Interest

From SmartCILP:

• Constance Frisby Fain & Herbert Fain, Sexual Abuse and the Church, 31 Thurgood Marshall Law Review 209-238 (2006).
  
• Jonathan Klick, Salvation As a Selective Incentive, 26 International Review of Law & Economics 15-32 (2006).
  
• A. G. Roeber, The Law, Religion, and State Making In the Early Modern World: Protestant Revolutions In the Works of Berman, Gorski, and Witte, 31 Law & Social Inquiry 199-227 (2006).
  
• 12th Annual International Law and Religion Symposium: Religion and the World's Legal Tradition. Articles [links to full text] by Rex J. Abdar, Louis-Leon Christians, Cornel W. du Toit, Carolyn Evans & Christopher A. Thomas, (Pakistan) Justice Tassaduq Hussain Jillani, Tahir Mahmood, Javier Martinez-Torron and Paul M. Taylor, 2006 Brigham Young University Law Review 619-836.

From SSRN:

• George W. Dent, Jr., Civil Rights for Whom?: Gay Rights versus Religious Freedom, (Sept. 2006).

Recent Books:

• Newt Gingrich, Rediscovering God in America, (Integrity Publishers, Oct. 2006).
  
• Andy Olree, The Choice Principle: The Biblical Case for Legal Toleration, (University Press of America, Aug. 2006).
  
• Michael L. Weinstein & Davin Seay, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military, (St. Martin's Press, Oct. 2006).
  
  

Australians React To Muslim Cleric's Offensive Sermon

Support for Australian Prime Minister John Howard's proposal to require a pledge supporting Australian values by immigrants seeking citizenship was strengthened this week after a controversial sermon by an Islamic cleric in Australia. (Khaleej Times (Sunday).) Howard wants immigrants to show support for democracy, the rule of law and the equality of men and women. The controversial sermon (full text) was delivered by Sheikh Taj Aldin Al Hilali, Australia's most senior Muslim cleric. His Ramadan remarks, aimed at immodest dress, have been seen as blaming women for rape. He described women who did not wear a head covering as "uncovered meat", and said "If you take out uncovered meat and place it outside... and the cats come and eat it... whose fault is it, the cats' or the uncovered meat?"

Subsequently Hilali and his spokepersons have both tried to explain the remarks and have apologized for them, as leading Muslim women condemned the remarks. Australia's Sex Discrimination Commissioner, Pru Goward, said the comments could be an incitement to crime. (BBC News (Thursday).) In an effort to prevent further fallout, it was announced Friday that Hilali will not preach sermons for the next two to three months. (Baku Today (Friday).)

2 State Courts Assert Jurisdiction In Break-Away Church Land Disputes

In two recent cases, state courts have agreed that they can decide disputes over church property between break-away congregations and parent church bodies.

In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.

In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.

New Religious Freedom Moot Court Competition

George Washington University Law School has announced that it is inaugurating the National GW Religious Freedom Moot Court Competition. Students from ABA accredited law school may participate in the competition that will be held in January 2007.

Cert. Filed In 9th Circuit Anti-Gay T-Shirt Case

The Alliance Defense Fund announced that this week it filed a petition for certiorari (full text) with the U.S. Supreme Court in Harper v. Poway Unified School District. In a 2-1 decision, the Ninth Circuit Court of Appeals held last April that a California high school could ban a student from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". (See prior posting.) The cert petition argues that the decision is in conflict with those in other circuits.

Justice Department Cancels Controversial Religious Prison Program

The New York Times today reports that the Justice Department has cancelled plans for "Life Connections", a single-faith religious pre-release prison rehabilitation program that it proposed last March. (See prior posting.) Critics had argued that the program violated the Establishment Clause by funding indoctrination in the views of a particular religious faith.

Clergy Get Employment Protection In Britain

Britain's Employment Appeal Tribunal yesterday handed down a landmark case holding that clergy will be treated as employees of the church for purposes of bringing unfair dismissal cases. Reporting on the case, Personnel Today said that previously ministers were regarded British courts as appointed to a holy office, and not as employees. The decision in New Testament Church of God v. Stewart, (EAT, Oct. 27, 2006), relies on last year's House of Lords decision in Percy v Church of Scotland Board of National Mission, [2006] IRLR 195, in reaching its conclusion. (See prior posting.)

Controversial Mozart Opera Will Be Performed

Playbill Arts reported yesterday that the Deutsche Oper Berlin has announced it will produce Mozart's Idomeneo after all. The production was cancelled last month due to fears of violent reaction to the scene depicting the severed head of the Prophet Muhammad. (See prior posting.) However, Berlin police have now said that there is no "concrete danger" to the opera company if it revives the production.

Suit Against Air Force Academy Dismissed Without Reaching Merits

A New Mexico federal district court yesterday dismissed a suit by several recent Air Force Academy graduates, the father of a currently enrolled cadet, and an Air Force recruiter. The suit, originally filed by Academy alum Mikey Weinstein, claims that the Air Force Academy has a policy of evangelizing and proselytizing cadets, that the the Air Force's Interim Guidelines on Free Exercise of Religion were unconstitutional and that recruiters are both subject to religious proselytization and proselytize recruits. (See prior postings 1, 2 .)

In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.

Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.

Court Denies Enlisted Doctor Conscientious Objector Status

Earlier this month, a Boston anesthesiologist successfully claimed conscientious objector status and avoided being ordered to active military duty. A Massachusetts court decided she should be discharged, with her agreeing to repay, with interest, the money the government spent on her medical education. Now it turns out that her attorney, within days, also sued on behalf of two other anesthesiologists who are seeking conscientious objector status allegedly developed after their enlistments. Yesterday's Detroit News reports that Detroit federal judge Avern Cohn has sided with the army and rejected the CO application of one of them, Dr. Ryan Hae Kwon, a Christian who was born in South Korea and who moved to Hawaii as a child. Major David M. Wilson, who investigated Kwon's claim for the Army, said Kwon developed sincere beliefs against war over the course of a year after seeing accounts and photos of events in Iraq. The army, however, said that it is short on anesthesiologists.

Amish Couple Challenge USCIS Photo Requirement

Immigration rules of the U.S. Citizenship and Immigration Services require that applicants for permanent residency in the United States file, as part of their paper work, two photos. In Pittsburgh, according to an Associated Press report published today, an Amish couple has filed suit challenging the requirement on religious grounds. Old Order Amish interpret the Biblical commandment against making "graven images" as prohibiting photos. The government, because of increased terrorism concerns, has ended its past practice of waiving the photo requirement for religious objectors. However, the couple's attorney is asking for a waiver so the husband, who is a Canadian citizen, can remain in the U.S. and eventually apply for U.S. citizenship. The couple has filed the lawsuit anonymously because they could be excommunicated from their Amish community for violating its principles of non-resistance if the community learned of the suit.

Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons

Yesterday in Aarhus, Denmark, the City Court dismissed a defamation suit that had been brought by seven Danish Muslim groups against the Jyllands-Posten for publishing now-infamous caricatures of the Prophet Muhammud last year. Yesterday's London Times says that the Danish court found that while the cartoons may have been offensive to some Muslims, there was no evidence that the paper had intended to insult the Prophet or mock the Islamic religion. When it published the cartoons, the Jyllands-Posten said its purpose was to challenge perceived self-censorship among artists who were afraid to offend Islam.

The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).

Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight

Last month, the media reported widely on steps being taken at Minneapolis-St. Paul International Airport to provide for Somali Muslim cab drivers to avoid picking up passengers who are carrying alcohol. (See prior posting.) Yesterday's Minneapolis Star Tribune carried a fascinating article suggesting that the matter is even more complex that it first appeared. Apparently neither Somali culture nor religious tradition bans carrying alcohol for people as part of a commercial enterprise. Instead, it appears that the initiative to focus on the taxi issue originated in a fatwa issued in June by the Minnesota chapter of the Muslim American Society (MAS). That group however is made up of Arab Muslims, not African Muslims. So this is apparently part of a struggle within the Islamic community in Minnesota in which the MAS is attempting to use the more vulnerable Somali community to rally support for its Middle East agenda.

Religious Remarks To Jewish Audience At Candidate Forum Backfire

In Arizona, attempts by a spokesman for Baptist Congressman J.D. Hayworth to appeal to the religious beliefs of voters has backfired, according to an article in this week's Forward. Jewish religious law generally permits abortion to protect the life or health of the mother. The National Council of Jewish Women (NCJS), supports abortion rights more broadly. Jonathan Tratt, a Jewish spokesman for Hayworth appearing at a candidates' forum sponsored by the Arizona Section of NCJS, defended Hayworth's anti-abortion stance by arguing that the Baptist congressman was “a more observant Jew” than the audience members. This led to a walk-out by many of those present.

Any Problem With Polling Places In Churches?

An article in yesterday's Salem, Virginia Times-Register raises the question of whether locating polling places in churches creates any Establishment Clause issue. It says that in past years, a number of churches objected to being used as voting locations out of concern about government intrusion into religion.

Israeli Government Sued By Individuals Required To Go Abroad For Marriage

Israelis attempting to effect a change in their country's law to permit civil marriages have devised a new tactic. The Association for Rights of Mixed Families (ARMF) has filed suit in Haifa's Magistrate's Court on behalf of two couples who had to travel abroad to marry. Where a Jew is marrying an individual who is not Jewish under halacha (Jewish law), or where the individuals marrying have no religion, there is no way for them to celebrate a wedding in Israel. Today's edition of Haaretz reports that the plaintiffs in the lawsuits are seeking damages for their wedding costs, and for humiliation and discrimination caused by the state's negligence in failing to provide a way for them to marry inside Israel. ARMF plans to file 10 to 15 similar suits, and hopes that they will be consolidated for a single hearing.

Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption

Yesterday the Florida Supreme Court issued an opinion avoiding a definitive decision in a case challenging the state's sales tax exemption for religious publications and various ceremonial objects. A Wiccan group had challenged the constitutionality of the exemption. (See prior posting.) The Florida Supreme Court had agreed to review the appellate court's dismissal of the suit on standing grounds, assuming that it was in conflict with other Florida cases on taxpayer standing. However in Wiccan Religious Cooperative of Florida v. Zingale, (FL Sup. Ct., Oct. 26, 2006), after oral argument, the Supreme Court concluded that the court of appeals' dismissal of the suit did not actually involve taxpayer standing, but instead was based on the conclusion that the Wiccan group had itself benefited from the exemption it was challenging. The Supreme Court was then required to dismiss the appeal since its only basis for review was Florida Rules of Appellate Procedure, Rule 9.030(a)(2)(A)(iv), that permits a discretionary appeal when a court of appeals decision directly conflicts with a decision on the same question of law by another court of appeal or the supreme court. Yesterday's Bradenton (FL) Herald reported on the decision.

Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.