Preacher Challenging NC City's Permit Requirement

In Hendersonville, North Carolina, a street preacher-- Billy Ball-- is challenging the city's ordinance that requires a permit from the police before delivering any speech or sermon, or demonstrating, on any city street, sidewalk or public grounds. The ordinance provides that a permit maybe revoked where "the good morals, safety and public order of the city so demand." Yesterday's Hendersonville News says that Ball claims his First Amendment rights are violated by having to obtain a permit from the police chief. The preacher has been cited twice for violating the ordinance. His most recent citation was for his carrying a sign reading: "Three gays rights: AIDS, hell, salvation." Ball plans to return with 20 demonstrators to again challenge the legality of the city's rule. Police Chief Donnie Parks' response is to quote back to Ball a Biblical verse (Romans 13:1) saying that everyone should submit to the governing authorities.

Ohio Ends Contract With Group Administering Faith Based Funds

As reported previously, Ohio's new Democratic governor, Ted Strickland, has ordered the state's Inspector General to investigate the operation of the Ohio Governor's Office of Faith-Based and Community Initiatives. Apparently the group that was under contract to manage $22 million in grants that faith-based organizations could access has refused to answer investigators' questions. ABP reports that this has led state officials to terminate the state's contract with the group, We Care America. The Dayton Daily News Dayton has published an investigative series that discloses ties between the White House and leaders of We Care America. Gov. Strickland, himself an ordained Methodist minister, said: "It just really seems as if this is an example of where money that should've legitimately gone to serve the needs of the poor and vulnerable people in Ohio was in my judgment misused, and it was done in the name of God. It's just reprehensible what happened here." Melissa Rogers' blog has more on the story.

Russian Museum Sued Over Anti-Christian Art

In Russia, a Russian Orthodox Church group, the People's Council, has filed suit in Moscow against the Andrei Sakharov Museum and Public Center over a display titled "Forbidden Art -- 2006". Today's Baltimore Sun reports that the suit charges the Museum with inciting religious and ethnic hatred. The display contains two dozen works that were kept out of Russian art galleries by self-censorship last year. Among them is a portrait of Jesus with a Mickey Mouse face and an icon of the Virgin Mary made to look like caviar. The coordinator of the People's Council said: "It's considered blasphemous to mock Christian feelings. It's like insulting the American flag."

Demolition Permit Denial Violates Free Exercise Clause

In Mount St. Scholastica, Inc. v. City Of Atchison, 2007 WL 782196 (D KA, March 12, 2007), a Kansas federal district court held that application of the Kansas Historic Preservation Act to deny a demolition permit to a religious monastic community violates the Free Exercise clause of the First Amendment. Applying 10th Circuit precedent, the court held that because the law provides for individualized determinations, a strict scrutiny test is to be applied to the government's decisions. In cases of religious hardship the government must have a compelling reason to refuse to grant an exemption from the historic preservation law's requirements. Historic preservation is not a compelling governmental interest. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause

In Lowery v. Cook, (UT Ct. App., March 15, 2007), a Utah Court of Appeals held that the Establishment Clause bars a claim for breach of fiduciary duty by a clergyman in connection with an ecclesiastical counseling session. Adjudicating the claim would create excessive entanglement between government and religion.

Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause

Last month (see prior posting) a Tennessee legislator introduced a resolution in the state Senate that would ask the state commissioner of education a series of questions about why schools are not teaching creationism. Last week, Tennessee's attorney general issued Opinion 07-29 which concludes that: "Senate Resolution 17 violates neither the Establishment Clause of the United States Constitution, nor Article I, Section 4 of the Tennessee Constitution." In reaching that conclusion, the Opinion says:

Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.

Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....

We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.

Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)

NY State Takes Over Religious Discrimination Complaint Against Clinic

The New York state Division of Human rights has taken over administration of a religious discrimination complaint filed in Spring Valley, NY with the Rockland County Commission on Human Rights by the NAACP. (See prior posting.) The complaint claimed that the Ben Gilman Medical and Dental clinic -- which had received federal funding -- unlawfully imposed the its owners beliefs on others by closing on Saturday, the Jewish Sabbath. The clinic in turn argued that forcing it to open on Saturdays would constitute illegal religious discrimination. The New York Journal News today reports that the state takeover places in question a tentative settlement that the parties had negotiated. It provided for opening on the clinic on Saturdays for an eight-week trial period; maintaining a diverse, multilingual staff and providing diversity training to the staff.

French Paper Acquitted On Charges of Publishing Caricatures of Muhammad

A French court yesterday acquitted the satirical newspaper Charlie-Hebdo and its director, Philippe Val, of charges of "publicly abusing a group of people because of their religion" by publishing caricatures of the Prophet Muhammad. Several of the cartoons had first appeared in a Danish newspaper. The court ruled that Charlie-Hebdo had no intention of insulting the Muslim community with the caricatures. The Associated Press reported on the decision. (See prior related posting.)

Portland Archdiocese Bankruptcy Reorganization Moves Ahead

Portland, Oregon's Catholic Sentinel reports that parishioners in western Oregon will receive notice this week of a proposed settlement in a class action lawsuit over whether parishes, schools and certain funds are available to pay claims of the Catholic Archdiocese of Portland. The Notice (full text) says that in the settlement no property of schools or parishes will be used to pay debts of the Archdiocese. Parishes and schools will receive a discharge from all liabilities of the Archdiocese. Then the Archdiocese will restructure itself, Parishes and Schools into various charitable trusts or nonprofit religious corporations, separate from the reorganized Archdiocese. Property will be transferred among the new entities in a way that does not diminish the Archdiocese's ability to make payments under the plan of reorganization.

Vietnam Recognizes Baha'i and 3 Other Groups

Vietnam News Service yesterday reported that the Baha'i Community of Vietnam is celebrating its receipt last month of a certificate of operation from the Government's Committee for Religious Affairs. Three additional groups have also recently received certificates: "Four Debts of Gratitude"; "The Pure Land Buddhist Home-Practice Association"; and "The Vietnam Christian Religion Missionary Alliance". Previously six other religions had been recognized by the government: Buddhism; Catholicism; Protestantism; Cao Dai; Hoa Hao Buddhism; and Islam. Buddhism is the largest of these, with 10 million followers in the country.

Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses

Yesterday, a final attempt to prevent Britain's Equality Act (Sexual Orientation) Regulations from going into effect was defeated in the House of Lords by a vote of 168 to 122. Christianity Today reports that the defeated motion put forward by Baroness O’Cathain, as 1000 Christians in support of the motion gathered outside Parliament in a prayer vigil. Following the vote, the Lawyers' Christian Fellowship issued a statement saying in part: "The result of the vote will mean that rather than balancing rights, the right to live a homosexual lifestyle will trump the right to live a Christian lifestyle." (See prior related posting.)

Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed

A federal district court in Washington state has dismissed a lawsuit brought by 13 Washington taxpayers alleging that federal grants made to the Northwest Marriage Institute were used to finance religious activities in violation of the Establishment Clause. In Christianson v. Leavitt, (WD WA), March 20, 2007) [available in PACER], the court found that capacity-building grants, and a grant to support a secular marriage workshop, met the requirements of the Lemon test-- and so there were no Establishment Clause violations present. Americans United for Separation of Church and State that represented plaintiffs issued a statement saying it was disappointed in the ruling, but that the court reaffirmed key principles of church-state separation. (See prior related posting.)

UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]

Jordan's Parliament Deletes Controversial Provision In Proposed Press Law

Playfuls today reports that both houses of Jordan's Parliament have voted to eliminate a provision in a new press and printing law that would have permitted imprisonment of journalists for "degradation, defamation, vilification or abuse of religion". The earlier version of the bill that contained the provision led met widespread objection. (See prior posting.)

Court Finds Cross On City Water Tower Unconstitutional

In American Atheists, Inc. v. City of Starke, Florida, 2007 U.S. Dist. LEXIS 19512 (MD FL, March 19, 2007), a Florida federal district court held that Starke, Florida's placement and maintenance of a lighted cross on the top of the city's water tower violates the Establishment Clause of the U.S. and Florida constitutions. The court held that the case was not moot even though the city had removed the cross. It granted plaintiffs' request for an injunction because it is not clear that city will not put the cross back up at a later date. Today's Gainesville (FL) Sun reports on the decision.

German Judge Cites Koran Verse In Denying Accelerated Divorce

Under German law, a person seeking a divorce must wait one year after separation from his or her spouse, except in cases of unreasonable hardship. Spiegel Online yesterday reported on a judge's decision in January holding that domestic violence and death threats by a husband against his wife did not meet the hardship criterion because the man and wife both have Moroccan backgrounds. In denying the accelerated divorce, the judge cited a passage in the Koran that some have interpreted as permitting a husband to beat his wife. The judge said: "The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law)." (Background on German divorce law.) However now that the wife's attorney has gone public about the case, a court in Frankfurt granted the wife's motion to disqualify the judge for conflict of interest.

UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).

UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]

Father Sues LDS Church Over Ordination Of Sons

In Utah yesterday, a state court of appeals heard oral arguments in a case in which a father claimed that the Mormon church ordained his two sons without his permission. Yesterday's Salt Lake Tribune says that he sued after the LDS Church refuse to issue an apology. The case is part of a broader fight between the boys' father, Michael Gulbraa, and his former wife Etsuko Tanizaki Allred over custody of the two boys. Their mother had requested the ordinations in Japan where she had taken the boys, but at a time after the father had been awarded custody of them.

Catholic-Jewish Commission Speaks On Religious Freedom

Last week, the Holy See's Commission for Religious Relations with the Jews and the Chief Rabbinate of Israel's Delegation for Relations with the Catholic Church -- known as the Bilateral Commission-- met in Jerusalem. The topic for the meeting was "Freedom of Religion and Conscience and Its Limits." Zenit yesterday published the conclusions of the Commission's 3-day session. Here are some excerpts:

Even though the Enlightenment helped bring about a purification from the abuse of religion, secular society still requires religious foundations to sustain lasting moral values....

While on principle the state should not at all limit freedom of religion for individuals and communities nor of moral conscience, it has the responsibility to guarantee the wellbeing and security of society. Accordingly it is obliged to intervene wherever and whenever a threat is posed by the promotion, teaching or exercise of violence and specifically terrorism and psychological manipulation in the name of religion.

In addition to respecting the freedom of religious choices, the integrity of faith communities should also be guaranteed. Accordingly it is legitimate for a society with a predominant religious identity to preserve its character, as long as this does not limit the freedom of minority communities and individuals to profess their alternative religious commitments, nor to limit their full civil rights and status as citizens, individuals and communities....

[T]here is a special obligation upon religious leaders and communities to prevent the improper use of religion and to educate towards respect for diversity which is essential in order to ensure a healthy, stable and peaceful society.

NY Appellate Court Upholds Photographer's Rights Against Free Exercise Claim

Yesterday, a New York appellate court affirmed the dismissal of a free exercise claim in an unusual suit under New York's privacy law. In Nussenzweig v diCorcia, (NY App. Div., March 20, 2007), Erno Nussenzweig, a Hasidic Jew, sued Philip-Lorca DiCorcia, a professional photographer who took a series of photographs of persons passing through Times Square, including Nussenzweig. Then, without consent, DiCorcia used the photos in a gallery exhibition, and in a catalogue that was published to go along with the exhibit. Nussenzweig's religious beliefs -- in particular his interpretation of the second commandment against making graven images-- are violated by the use of the photo. (See prior posting.) In the appellate court, three of the five judges dismissed the claim on statute of limitations grounds. However, in a concurring opinion, Justices Tom and Malone also agreed with the lower court that the privacy act was not violated and that no free exercise claim was established because the photographer's conduct did not amount to state action. It rejected Nussenzweig's claim that the issuance of the trial court's decision protecting the photographer's free expression rights created the necessary state action.

EU Anniversary Statement Will Not Mention Religion

European Union officials are placing the final touches on a formal statement that will be issued to mark the 50th anniversary of the EU. Poland and some other predominately Catholic countries in Europe are distressed that the statement makes no mention of God or Christianity. Yesterday's Belfast Telegraph reported that the declaration will highlight EU achievements, values and future challenges. The omission of any religious reference is in deference to member states that are secular or that stress separation of church and state.

Santeria Priest Rejects Settlement Offer In RLUIPA Suit

The city of Euless, Texas has offered a compromise to settle a lawsuit under the Religious Land Use and Institutionalized Persons Act brought against it by a Santeria priest. (See prior posting.) Yesterday's Dallas Morning News reported that instead of totally prohibiting animal sacrifices, the city would permit the priest to kill chickens and hold weekly gatherings of up to 25 people at his home. However, the city would continue to prohibit the sacrifice of goats. That restriction has led Jose Merced to reject the city's offer. He says that using an animal with four legs is critical to his religious practices. Followers of Santeria believe that the energy in blood from animal sacrifice opens a channel of direct communication with orishas (spirits).

Philippines Mandates Moderate Muslim Curriculum

Reuters reports today that the Philippines government and some members of the Muslim community are taking steps to prevent Islamic militants from influencing young Muslims. The education department has introduced a new curriculum offering Arabic and Islamic studies to state schools in Muslim-dominated areas outside the southern island of Mindanao. Some 3 million Muslims live on Mindanao. Also nearly 1,000 privately-run madrasas around the country funded by communities or by donations from abroad are now required by the government to adopt a moderate curriculum for Islamic studies.

Amici Urge Application of RFRA to Gitmo

According to a release by the Baptist Joint Committee, seven religious organizations yesterday filed an amicus brief (full text) with the United States Court of Appeals for the D.C. Circuit in the case of Rasul v. Rumsfield. The brief argues that the Religious Freedom Restoration Act should be interpreted to apply to protect both detainees and service personnel at Guantanamo Bay. The case involves a series of claims by four British citizens, captured in Afghanistan and detained at Guantanamo, who say that they were repeatedly harassed on the basis of their Muslim faith. While dismissing their allegations of violations of international law and the Constitution, the lower court held that plaintiffs could proceed on their RFRA claims. Defendants, federal officials, appealed.

The organizations who joined in the brief are the Baptist Joint Committee, American Jewish Committee, National Association of Evangelicals, National Council of Churches of Christ in the USA, General Conference of Seventh-day Adventists, Presbyterian Church (USA) and the United States Conference of Catholic Bishops.

New Rabbinic Court Judges Appointed In Israel Amidst Controversy

In Israel yesterday, according to the Jerusalem Post, 15 new judges were appointed to vacancies in rabbinic courts amidst strong criticism by women's rights organizations who say the new judges will not be sympathetic to the problem of women whose husbands refuse to grant them a divorce. Twelve of the 15 new judges are haredi (ultra-Orthodox Jews). A modern Orthodox member of the selection committee and 2 members from the Israel bar association walked out of the meeting when the committee refused to appoint more non-haredi judges. Opponents blame Justice Minister Daniel Friedmann, saying that he could have suspended the meeting until a compromise was worked out. However, new appointment had already been delayed for 4 years as justice ministers have refrained from convening the selection committee because of political power struggles. Haaretz says that many of the 15 judges appointed are relatives of politicians, public figures or veteran rabbinic court judges, and only one has a background in law. (See prior related posting.)

NC Governments Respond To Requests For Non-Sectarian Invocations

Cities and counties in North Carolina struggle with policies on invocations at council meetings, after the ACLU sent letters to many of them urging them to eliminate sectarian prayer. Yadkin County officials have decided to move to non-sectarian prayers to open their board meetings according to today's Myrtle Beach Sun-News. County attorney James Graham says that residents probably will not notice the difference.

However in Thomasville, North Carolina, after heated debate, city council voted 6-1 last night for a policy that permits sectarian prayer. The Winston-Salem Journal reports that the new guidelines provide for council members to volunteer-- on a rotational basis-- to offer an invocation as a private citizen before council meetings formally begin. However the policy states: "No guidelines or limitations shall be issued regarding an invocation's content except that the Council shall request by the language of this policy that no prayer should proselytize or advance any faith, or disparage the religious faith or nonreligious views of others." Backers of the prayer policy say organizations like the ACLU want to strip Christians of their free speech. The Alliance Defense Fund has offered to defend the city in any challenge to its new policy.

Thailand Considering New Regulation Of Islamic Affairs

In Thailand, a 35-member security committee has drafted the Islamic Affairs Administration Draft Bill. The law will now be submitted to the cabinet for consideration. Today's Bangkok Post says that if enacted, the bill will replace the three existing laws. It will create a 31-member National Islamic Council to help oversee the selection of Islamic leaders. The Council will also consider and interpret controversial issues. Council members will be Islamic leaders and experts selected from registered Islamic religious schools around the country. Also, a state-run National Islamic Affairs Administration Office under the Prime Minister's Office, to oversee and promote Islam, will be created.

British Schools Will Be Permitted To Ban Niqab

Great Britain's Department for Education and Skills will issue Guidelines for schools that will permit a ban on Muslim girls wearing full face veils. BBC News today reported on the new Guidelines on uniforms that are expected after a school in Buckinghamshire won its attempt to ban a 12-year old girl from wearing a niqab. (See prior posting.) The Guidelines say that while efforts should be made to accommodate religious clothing, schools need to be able to identify pupils to maintain order and to identify intruders. Also a teacher may not be able to judge a student's engagement with learning if the student's face cannot be seen.

Utah Delays Decision On FLDS Law Enforcement Officers

Utah's Peace Officer Standards and Training Academy voted Monday to put off a determination of whether to remove certification of officers in the Colorado City, Arizona Town Marshal's office, who also patrol Hildale, Utah. (Decertification process.) The two towns are the home of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, who engage in polygamy and arranged marriages. The Associated Press yesterday reported that Utah decided it would await the completion of an investigation being carried out by the Arizona Peace Officer Standards and Training Board. The investigation began after allegations that officers had were more loyal to the FLDS Church than to the civil law. Peter Stirba, an attorney for the marshals, says the officers could benefit from more training, but that the officers "support the law of the land and ... take their oaths of office seriously and sincerely."

Egypt Moves Toward Constitutional Ban On Muslim Brotherhood As Politcal Party

The Associated Press reports that yesterday Egypt's Parliament approved a controversial set of constitutional amendments, including one that bans the formation of any political party based on religion. This provision is designed to prevent the Muslim Brotherhood from gaining power. (See prior posting.) Under Art. 189 of Egypt's Constitution, the amendments are required to be approved by a vote of the people in order to go into effect. Reuters today reports that the referendum on the amendments is expected to take place quickly-- probably next Monday, March 26-- presumably in order to prevent opponents from rallying voters to oppose the changes.

UPDATE: Lebanon's Daily Star reported on March 22 that both Egypt's Muslim Brotherhood and the opposition Kefaya movement will boycott the March 26 referendum on Egypt's proposed constitutonal amendments in order to deny legitimacy to them.

Reports and Transcript of "Bong Hits 4 Jesus" Arguments in Supreme Court

Accounts of today's Supreme Court oral arguments in Morse v. Frederick (see prior posting) have been posted by the Student Press Law Center, the Associated Press; and Education Week. The full transcript of the oral arguments is also available online. The Education Week report says:

Justice Stephen G. Breyer seemed to capture the court’s concerns.... "It's pretty hard to run a school where kids go around at public events publicly making a joke out of drugs," Justice Breyer told Douglas K. Mertz, the lawyer representing former high school student Joseph Frederick.... [However] Justice Breyer said he worried that if he took the student’s side, "we’ll suddenly see people testing limits all over the place in the high schools. But a rule that's against your side may really limit people's rights on free speech. That’s what I’m struggling with."

McCain Says He Needs Evangelical Support To Win

CBN News today reports on an interview with John McCain who says that he needs support of Christian Evangelicals to win the 2008 presidential nomination. McCain says he has met with a number of leaders of the Christian right, but not with James Dobson "because he has said he prays that I will not be the nominee of the party. I'm not sure where we start the conversation." McCain agreed that he had not been as outspoken on the right-to-life issue as some Evangelicals would like. Some Evangelicals also dislike McCain's championing of campaign finance reform. McCain said he is trying to reach out to religious liberals and moderates as well as to conservatives.

Supreme Court Hears Arguments Today In Student Speech Case With Implications For Religious Freedom

Today the U.S. Supreme Court hears arguments in a high-school student free speech case that some say could have significant implications for religious expression in public schools. The case, from the 9th circuit, is Morse v. Frederick, No. 06-278 (see prior posting). In 2002 in Juneau, Alaska, high school students were released from classes to watch the torch for the Winter Olympics-- on its way to Salt Lake City-- pass by. In hopes of getting TV notice, student Joseph Frederick unfurled a banner reading "Bong Hits 4 Jesus". The school's principal quickly tore down the banner and suspended Frederick for 10 days. Frederick sued for damages.

The Washington Post last week described the case as "the most important student free-speech conflict to reach the Supreme Court since the height of the Vietnam War". A number of Christian conservatives-- while they do not like the student's apparently pro-drug message-- nevertheless strongly defend Frederick. Religion News Service quotes Kelly Shackelford, chief counsel for Liberty Legal Institute, who said: "in my opinion this is probably one of the most dangerous cases to religious freedom in the last decade - because you don't think it's about religion". Christian groups argue that a win for the school could empower schools to engage in "viewpoint censorship" to restrict controversial speech-- from anti-abortion T-shirts to student-run Bible clubs.

Meanwhile, SCOTUS blog on Saturday suggested that the case is complicated by basic disagreement on many of the facts. The parties differ over whether or not Frederick was taking part in a school-sponsored event and disagree over the meaning of the message on Frederick's banner.

Law Memo has links to the briefs of the parties and of all the amici, as well as to the petition for cert. and related documents.

New Articles on Law and Religion

From SSRN:
Gregory C. Sisk, John Paul II: The Quintessential Religious Witness in the Public Square, Journal of Catholic Legal Studies, Vol. 45, p. 241, 2007.

From SmartCILP:
Garrett Epps, Some Animals Are More Equal Than Others: The Rehnquist Court and "Majority" Religion, 21 Washington University Journal of Law & Policy 323-347 (2006).

Noah Feldman, Division, Design, and the Divine: Church and State in Today's America, 30 Oklahoma City University Law Review 845-862 (2005).

Richard W. Garnett, Modest Expectations?: Civic Unity, Religious Pluralism, and Conscience, (Reviewing Noah Feldman, Divided by God: America's Church-State Problem--And What We Should Do About It; and Kevin Seamus Hasson, The Right to be Wrong: Ending the Culture War Over Religion in America.) 23 Constitutional Commentary 241-269 (2006).

Jay D. Wexler, The Endorsement Court, 21 Washington University Journal of Law & Policy 263-306 (2006).

Historian Says Napoleon's Relations With Jews Could Be Pattern For Muslims In France Today

Yesterday's International Herald Tribune carried an interesting article by historian Michael Goldfarb suggesting that the experience of Jews in Napoleonic France 200 years ago has relevance to Muslims in France today. In response to questions by Napoleon, the Jewish community opted for integration into French society-- at considerable price to the manner in which Judaism had traditionally been practiced. Goldfarb asks whether it is imaginable that French Muslims today would commit to French definitions of secularism, integration, faith and patriotism.

Exclusion of Prison Ministry Workers From Jury OK'd

In People v. Nerys, (CA Ct. App., March 15, 2007), a California appellate court rejected a criminal defendant's claim that the prosecution acted unconstitutionally when it excluded from the jury "people who participate in a religious or spiritual prison ministry". The court held that these individuals do not constitute a cognizable group.

Nashville May Permit Fugitives To Surrender At Churches

The Tennessean today reports that Nashville may join several other U.S. cities and implement a program that would permit some 38,000 non-violent offenders with outstanding criminal warrants to surrender for arrest at selected local churches. Under Operation Fugitive Safe Surrender, those who turn themselves in would be booked at the churches, get a new court date, and be freed without posting a bond. Several criminal justice agencies must still give final approval to participation and the U.S. Marshals Service must still give final approval for funds for the program. (See prior related posting.)

Podcast of Debate On Church-State Available

NPR offers an interesting broadcast and podcast of a debate on government and religion, titled Is America Too Damn Religious? The Oxford style debaters are Rev. Barry Lynn, Susan Jacoby and Alan Wolfe for the proposition. Against the proposition are Jean Bethke Elshtain, Albert Raboteau and William Galston. A 50 minute and a 94 minute version of the debate is available, as are short written excerpts. The debate is entertaining and worth the investment of time to listen.

Preacher's Claim Against University Is Moot

A Pennsylvania federal district court has dismissed as moot a civil rights claim by a preacher growing out of his citation for trespassing growing out of his open-air preaching on the campus of West Chester University. In Marcavage v. West Chester University, 2007 U.S. Dist. LEXIS 18162 (ED PA, March 15, 2007), a Pennsylvania federal district court found that the university has adopted a new policy on the right of individuals to engage in expressive activities on campus. It also found that defendants had qualified immunity in enforcing the university's old policy.

Recent Prisoner Free Exercise Cases All Involve Muslim Prisoners

In Smith v. Nuttal, 2007 U.S. Dist. LEXIS 18354 (WD NY, March 14, 2007), a New York federal Magistrate Judge rejected the complaint of a Muslim prisoner that he was required to accommodate his religious dietary requirements through the religious alternative meal served to Muslims, and was not permitted to receive the kosher alternative meal that was available to Jews and Hebrew Israelites which contained meat more often.

In Small v. Sirmons, 2007 U.S. Dist. LEXIS 18410 (ED OK, March 14, 2007), an Oklahoma federal court dismissed the claim of a prisoner that his First Amendment rights were violated when he was not allowed to abstain from off-premise work on Fridays in order to attend Jumah prayer services at his prison facility. Instead he was given time to pray alone at his work site.

In Harvey v. West, 2007 U.S. Dist. LEXIS 17861 (SD IL, March 14, 2007), an Illinois federal Magistrate Judge rejected claims of a Muslim prisoner that he was not always allowed to attend Muslim services, Muslim services sometimes started late, and he was told that he could attend only one service a week. Also rejected were general claims of discrimination and a claim that he was harassed when attempting to practice his religion.

In Talbert v. Smith, 2007 U.S. Dist. LEXIS 17108 (WD VA, March 9, 2007), a Virginia federal district court permitted a Nation of Islam member to move forward with a RLUIPA claim that prison officials illegally confiscated Muslim lessons from him.

Korean Conscientious Objectors To Go To United Nations

Today's Korea Times reports that eleven conscientious objectors will submit a complaint to the United Nations Human Rights Committee arguing that Korea's refusal to recognize conscientious objectors to military service violates their basic human rights to freedom of thought and religion. Since 2001, 3,655 Koreans have refused to serve in the military for religious and moral reasons. Most of them have been sentenced to prison terms. Korea's Constitutional Court has upheld the government, but the National Human Rights Commission in 2005 recommended a change in government policy. (See prior posting.)

Proposal In Israel To Expand Rabbinic Court Jurisdiction

Haaretz reports today that Israel's Justice Minister Daniel Friedmann will submit to the Ministerial Committee on Legislation the draft of a bill to expand the jurisdiction of religious courts to include not only family law, but other civil and family matters involved in a divorce proceeding as well, where both parties to the case agree. The bill is designed to overrule a holding by the High court of Justice last April that held that rabbinic courts could not arbitrate financial disagreements in a divorce case. (See prior posting.) Opponents of the legislation fear that women will be coerced by their husbands or the courts themselves to agree to religious court jurisdiction over economic matters. Last July, the Cabinet voted against a similar proposal.

Oklahoma Court Says Christian Medi-Share Is Insurance Company

Friday's Tulsa World reported on a decision earlier this month by an Oklahoma state court that Medi-Share, a Christian organization that pools member money to pay medical bills, is offering contracts for insurance and is not exempt from regulation by Oklahoma's state Insurance Department. Medi-Share had claimed that since it does not guarantee that medical bills will be paid, it is not an insurance company. Oklahoma Insurance Commissioner Kim Holland says that now the state will "treat Medi-Share like an insurance company." Medi-Share is likely to appeal the court's decision. Four other states have made similar rulings, while Kentucky has decided that Medi-Share is not insurance.

Hindu to Become Acting Chief Justice In Pakistan

In the face of protests over the removal of the Chief Justice of Pakistan's Supreme Court by Pakistan's President Pervez Musharraf (Associated Press), it was announced today that the Court's only Hindu judge --who is next in line for the post -- will be sworn in as acting Chief Justice. Some experts had expressed concerns that a Hindu could not preside over cases involving Shariah (Islamic law). (Zee News.)

Congressional Hearing Discusses Establishment Clause and Indian Health Care

Friday's Indian Country reports that lawyer Edward Lazarus has testified before the Senate Indian Affairs Committee (text of March 8 testimony) and the House Natural Resources Committee (text of March 14 testimony) on the constitutionality of the proposed Indian Health Care Improvement Act (HR 1328). The Justice Department had issued a White Paper raising Establishment Clause concerns about the Act's support of traditional Native American health care practices. Lazarus argued that the Act's definition of traditional health care practices does not expressly tie such practices to religious beliefs. They can reflect merely superstition or historical customs. Lazarus also discussed Justice Department concerns that the Act may be creating racial preferences.

Maryland "Get" Bill Defeated In Senate

Yesterday, the Maryland Senate defeated a bill that would have assisted Orthodox Jewish women in obtaining a religious divorce decree from their husbands who were seeking a civil divorce from Maryland courts. (See prior posting.) Today's Baltimore Examiner reports that the bill failed by two votes-- receiving a tie vote of 22-22-- even though it had received preliminary approval on Wednesday. Opponents said that the bill was well-intentioned, but that civil law should not be used to force someone to perform a religious act.

Settlement Permits Equal Use Of Village Property By Religious Groups

The Care and Share Ministry has prevailed in a settlement of its suit against South Orange, New Jersey. (See prior posting.) Village officials have agreed to make the Village Square available for use by religious groups on the same terms as for public and private non-religious groups. The settlement was reported yesterday by Alliance Defense Fund and the Associated Press.

Indian State Considering Controversial Bills On Control Of Religious Matters

In the Indian state of Maharashtra-- which includes India's largest city, Mumbai-- two controversial bills affecting religious organizations are pending in the legislature. Gulfnews.com reported yesterday that a Hindu group has begun a 3-day hunger strike to protest them. One is the "Eradication of Black Magic, Evil and Aghori Practices Bill", already passed by the Legislative Assembly, and now about to go to the upper house, the Legislative Council. Opponents are concerned that the bill is overly broad. An article from last July's The Hindu Business Line describes the specific practices barred by the proposed law. They include assault under the pretext of expelling a ghost; displaying "miracles" to deceive people into giving money; provoking people to follow cannibalistic practices to be blessed by supernatural powers; creating fear through supposed divine spirits; making past-life connections and forcing people to indulge in sexual activity; and creating for business purposes the impression that a mentally-challenged person has super-natural powers.

The second bill of concern to some Hindus is the "Temples or Religious Institutions (Management and Regulation) Act". Under it, the government could take over management of certain temples and trusts. (Pune, March 12.)

Australian Court Orders Dismissed Rabbi Not To Conduct Services

In Australia, Adelaide's District Court of South Australia finds itself in the middle of a dispute between the Adelaide Hebrew Congregation the synagogue's rabbi. This week, AJN and Adelaide Now report on developments. The congregation is attempting to dismiss Rabbi Yossi Engel while the rabbi claims that he has tenure in his position. Last week, the District Court found that Engel's contract had expired on December 31. Last Friday police were called to the synagogue after a noisy confrontation between Engel and two women were who packing up his office. Meanwhile the Sydney Beth Din (Jewish religious court) has called for the controversy to be submitted to it for resolution.

Now the District Court has issued a restraining order barring the rabbi from conducting services at the synagogue, even though Engle says that the Sydney Beth Din has issued an order determining that he is still rabbi of the congregation. Rabbi Engel's lawyer, Bernard O'Brien, says that the rabbi has a religious duty to conduct services, so that the court may be faced with the prospect of ordering him to jail.

New Jersey Considering Bills On Religious Accommodation

The New Jersey legislature is considering a package of bills designed to further protect religious liberty in the state. Today's New Jersey Jewish Standard describes them:

Senate Bill 2377 requires the state to provide alternate test dates because of days of religious observance for certain applicants seeking a state license.

Senate Bill 2379 stipulates that a nursing home resident has the right to receive food that meets the resident’s religious dietary requirements.

Senate Bill 2380 requires health-care representatives to make decisions for incapacitated patients in accordance with the patient’s religious beliefs.

Senate Bill 2488 makes it illegal to discriminate against employees because of their religious practices.

Senate Bill 2489 provides for religious accommodation regarding admission procedures at licensed health-care facilities.

Assembly Bill 3512 would require alternative testing arrangements be provided to certain students unable to attend tests at their regular administration due to religious observance.

Assembly Bill 3516 provides for religious accommodation regarding organ donations.

Husband Seeks To Enjoin Picketers Protesting His Refusal To Sign a "Get"

Law.com today reports on a motion filed in a Palm Beach, Florida, Circuit Court court by Dr. David Abisror seeking a temporary injunction to keep pickets from the Boca Raton Synagogue away from his office building. The pickets are trying to force Abisror to grant his wife a Jewish divorce. While the couple obtained a civil divorce ten years ago, Abisror's refusal to sign a "get" prevents his wife from remarrying in accordance with Orthodox Jewish law in Israel where she now lives. In seeking the injunction, Abisror claims that the picketers have engaged in libelous and slanderous speech, interfered with his business relationships and created a public safety hazard. Attorneys for the picketers say that their activities are protected by the First Amendment.

NY Lawsuit Is Really Over Whether To Discuss The Rebbe As Messiah

The Forward today reports on a lawsuit pending in a New York trial court between two groups of Chabad leaders who are fighting for control of the synagogue in Chabad's headquarters at 770 Eastern Parkway, in the Crown Heights section of Brooklyn. While nominally the suit is about whether the organization that owns the building, Agudas Chassidei Chabad, or a group of leaders -- gabbais-- elected from the local Chabad community, will have control over the synagogue in the basement of the Rebbe's former residence and the building next door, in fact more is at stake. At issue is a dispute within Chabad over whether the Hasidic movement’s grand rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah.

Agudas Chassidei Chabad asserted its authority over the synagogue in which the Rebbe used to preach after a group of youngsters who believe that Schneerson is the living Messiah tore out a plaque that had recently been installed in the synagogue by Chabad's international leaders. The youths were angry because the plaque referred to Schneerson with a Hebrew acronym used for the dead.

This week a New York judge ordered the case to trial, finding that he was unable to rule for either side based on the pleadings alone. In the many affidavits filed in the case so far, it appears that most Chabad leaders privately believe that the rebbe was the Messiah. They disagree though over whether he died to return in the future or just disappeared for a time. The lawsuit though reflects a different split in the movement -- whether to discuss the views of Schneerson as the Messiah publicly for fear of frightening away many unaffiliated Jews who support Chabad.

DOJ Sues NY Corrections Department For Religious Discrimination

The U.S. Department of Justice has filed a federal lawsuit under Title VII of the 1964 Civil Rights Act against the New York Department of Corrections claiming that it discriminates by refusing to accommodate, under any circumstances, the religious practices of uniformed security guards who are unable to comply with the Department's uniform or grooming rules. A report in yesterday's North County Gazette gives further details of the complaint. A private lawsuit making similar allegations was filed last October by Muslim prison guard Abdus Samad Haqq who want to be able to wear his Kufi (skullcap). (See prior posting.)

3rd Circuit Allows Discovery On Whether School Qualifies For ADA Religious Exemption

Yesterday, the U.S. 3rd Circuit Court of Appeals said that a decision on whether the exemption for religious organizations from coverage under the Americans for Disabilities Act should apply to a school should not be made until after plaintiffs have an opportunity to carry out discovery. In Doe v. Abington Friends School, (3d Cir., March 15, 2007), the Court of Appeals reversed the district court's dismissal of the suit, saying that Abington as "one of the oldest primary and secondary schools in the country, long known for its Quaker heritage, superficially seems to be a strong candidate. But discovery digs subsurface and may unearth facts that tend to support the contrary conclusion."

High School Credit For Religion Course Challenged In South Carolina

In Spartanburg, South Carolina, a biology professor and his wife are challenging the decision by Spartanburg High School to give students credit for a released-time religion class that will be taught at St. Christopher's Episcopal Church. Credit for the course will be given by a private school, Oakbrook Preparatory School, and Spartanburg High students will receive transfer credit for the course on their public school transcripts. Upstate.com today reports that Prof. Robert Moss who complained about the arrangement says that giving high school credit for the course amounts to unconstitutional endorsement of religion by the Spartanburg High. The religion course does not appear in students' registration materials for next year that have already been printed because the course was just approved and guidelines need to be developed. However students will have a chance to enroll later.

House Committee Rejects Religious-Based Hiring For Head Start

On Wednesday, the House Labor and Education Committee rejected by a vote of 24-13 a Republican-proposed amendment to the Improving Head Start Act of 2007 that would have allowed religious organizations receiving federal Head Start funds to take religion into account in hiring teachers and other employees. Associated Baptist Press reported yesterday that the amendment would have changed long-standing anti-discrimination rules that apply to the program. The Anti-Defamation League issued a statement welcoming the defeat of the proposed amendment.

Scalia vs. Rabbi On Capital Punishment

Rabbi Barry Leff has an interesting posting today on his blog about his exchange with Justice Scalia during Scalia's recent visit to the University of Toledo College of Law. Leff asked Scalia about the possibility of imposing sufficient procedural hurdles to capital punishment to effectively outlaw it, drawing on Talmudic precedents that took that approach. Here is part of Leff's account:

I allowed as to how I wasn't a lawyer, I was a rabbi and more expert in Jewish law than secular law--to which he replied something like "Thank God," which I wasn't sure how to take--and I opined as to how the rabbis were "originalists" regarding the Torah (after all, it comes from God!), yet they effectively eliminated capital punishment through procedural barriers. Justice Scalia replied "I know about those rabbis--the Sanhedrin would declare a mistrial if they voted unanimously to condemn someone to death because they assumed there must have been something fishy going on!" The implication seeming to be that this was really going too far.

Ministerial Exception Precludes State Whistleblower Suit

In Archdiocese of Miami, Inc. v. Minagorri, (FL 3d Dist Ct. App., March 14, 2007), a Florida court of appeal held that the the "ecclesiastical exception doctrine" precludes a former Catholic high school principal from maintaining a suit under Florida's Private Sector Whistleblower Act. Yolanda Minagorri claimed she was fired in retaliation for complaining about her supervisor's grabbing her by the arm and threatening her. The court held that "allowing the whistleblower claim to proceed would especially run afoul of the First Amendment because the requested remedy of reinstatement would require the Archdiocese to employ Miñagorri, a concededly ministerial employee."

10 Commandments Not Yet Back On Kentucky Capitol Grounds

The Louisville Courier-Journal yesterday reported that the Ten Commandments are still not back on the State Capitol grounds in Frankfort, Kentucky despite a law passed last year by the Kentucky legislature authorizing their return. (See prior posting.) The legislature provided that in order to comply with Supreme Court precedent that has approved Ten Commandments monuments that are part of a broader display, it would add a marker telling the history of the monument and its legal battles. But state officials are not sure that is enough, so they have asked various state agencies if they have any other large monuments that could be added to the display. State officials have agreed that they will not actually replace the monument on public property until it is approved by a federal judge. Meanwhile, the monument is on display outside the Fraternal Order of Eagles' building in Hopkinsville, where it was moved after a federal court in 2000 in Adland v. Russ found that plans to place it on the statehouse grounds were unconstitutional.

Turkey's Religious Foundations Bill Vetoed; But Parliament May Override

Turkey's President Ahmet Necdet Sezer has vetoed Turkey's Religious Foundations Law, passed by Parliament in November. The law was designed to improve the rights of non-Muslim religious minorities in the country. (See prior posting.) Sezer returned the law to Parliament asking for reconsideration of nine articles, and vetoing one that permits foreigners to establish foundations in Turkey, if based on reciprocity. Today's Turkish Daily News reports, however, that Parliament's Justice Commission has decided not to change the law. If the law is accepted by Parliament without a change, the President will not be able to veto it again; however he can refer it to Turkey's Constitutional Court.

House of Representatives Calls On Bangladesh to Release Journalist

On Tuesday, the House of Representatives, by a vote of 409- 1, passed H.Res. 64 urging the government of Bangladesh to drop all pending charges against Bangladeshi journalist Salah Uddin Shoaib Choudhury. The resolution asserts that Choudhury "because of his beliefs in an interfaith dialogue between Jews and Muslims and criticism of Islamic extremism, is on trial for sedition, an offense punishable by death".

Algeria Plans To Bar Imams From Political Activity

The Algerian Minister of Religious Affairs said Tuesday that a bill will soon be enacted into law that will prohibit imams from engaging in politics. Yesterday, Magharebia reported that imams will be barred from running as candidates in elections, joining political parties or using mosques for political campaigning. They will need to resign their positions in order to become involved politically. Moderate Islamic clergy support the bill, saying that "the mosque should remain a place of worship for everyone and must not become embroiled once again in the political struggles we saw in the 1990s".

Should Muslim Grocery Cashiers Be Permitted To Avoid Handling Pork Products?

The Minneapolis- St. Paul area has become a center of conflict over the appropriate extent of accommodation of Muslim religious practices in the business and commercial world. (See prior posting.) Yesterday's Minneapolis Star-Tribune reported that the latest controversy involves Muslim cashiers at supermarkets who refuse to handle pork products purchased by customers. At a Target store, the Muslim cashier-- wearing a traditional head scarf-- required her customer to scan a package of bacon and place it in the grocery bag that the cashier held open. In other stores, cashiers ask other non-Muslim employees to do the scanning for them. The issue seems to have surfaced here because of the large number of Somali immigrants in the area, many of whom are orthodox Muslims.

UPDATE: A report from the Star-Tribune on Saturday says that Target is reassigning Muslim cashiers who object to handling pork products for religious reasons to other jobs at their stores.

Bahrain Parliamentarian Calls For Probe Into Anti-Islamic Dance Performance

In Bahrain, Islamist deputy Shaikh Mohammad Khalid-- a member of the Al Menbar faction in Parliament-- has called for formation of an investigating committee to look into a performance by a Lebanese dance troupe at the March 1 opening of the Spring of Culture festival that was organized by Bahrain's Ministry of Information. At issue is a choreographic interpretation of "Laila and the Possessed", a poem written by Bahraini poet Qasim Haddad. Lebanese star Marcel Khalifa sang while male and female dancers staged the relationship between two famous Arab lovers portrayed in the poem. GulfNews.com yesterday reported that the Islamic Al Asala society complained: "The dances were depraved and offended our religious and moral sensitivities as well as our traditions. In addition, the lyrics were a blatant violation of our Islamic precepts and values.... The constitution clearly stipulates that Islam is the religion of the country, so everything that happens in Bahrain should comply with what the religion preaches. We should not have anything that attacks or violates our values."

Student-Prof Spar Over Religion In Term Paper

At Southern Illinois University, a dispute between a graduate student in social work and her professor has captured national attention. The Southern today reports on attempts by student Christine Mize to include in her term paper a section on faith-based therapy for women experiencing post-traumatic stress disorder from abortions. Associate Professor Laura Dreuth-Zeman told Mize that she could not include this in the paper. Mize did not, but turned in with her paper a legal memorandum from the American Center for Law and Justice taking the position that Mize could not be penalized for mentioning religion in her paper. The professor then refused to grade the paper until she consulted with University's legal counsel. That led to a letter from the Alliance Defense Fund demanding that the paper be graded and asking for a written statement from the University that they will not infringe the student's religious rights in the future. (ADF Release). The paper has now been graded, and ADF attorney Amy Smith says: "we hope that Christine Mize can continue on with her education without fear of further reprisals from professors hostile to her faith-based worldview."

Study Finds Anti-Semitic Incidents In US Down In 2006

The Anti-Defamation League today released its 2006 Audit of Anti-Semitic Incidents. While there were several violent attacks in 2006, overall the study showed a drop of 12% from the year before in the number of anti-Semitic incidents reported in the United States. The study covered 44 states and the District of Columbia. It found a total of 885 incidents of anti-Semitic harassment and 669 incidents of anti-Semitic vandalism.

Australian Imams Say Paying Taxes Violates Islamic Law

In Australia, Federal Assistant Treasurer Peter Dutton has asked the Commissioner of Taxation to investigate reports that some extremist Muslim clerics are telling their followers that paying taxes to Australia violates Islamic law. ABC News Online reports the story today.

Bill To Ban Proselytization Introduced In Israel

In Israel, Shas members of the Knesset, backed by 6 other MK's, have introduced a bill to totally prohibit proselytization in the country. YNet News today reports that the bill goes beyond current law that only prohibits converting minors and prohibits the offering of money or material products to convert. The new law would impose a one-year jail sentence for any preaching of conversion. While Shas' concern is primarily with Christian missionaries operating among new immigrants and other vulnerable Jewish populations, the prohibition would also apply to Jewish groups that bring Muslims from the Old City to convert to Judaism. Shas argues that the bill does not violate Israel's protection of freedom of religion, but merely aims at preventing harassment of those living by their own religion.

Imams Removed From Air Flight File Civil Rights Suit

Six imams have filed suit against U.S. Airways and the Minnesota Metropolitan Airports Commission alleging that their removal from a flight in Minneapolis last November violated the Minnesota Human Rights Act, Title VI of the Civil Rights Act of 1964 and various other federal and state laws. (See prior posting.) The plaintiffs' 39-page complaint (full text), alleging statutory and state tort law claims, says: "This civil rights lawsuit is brought to ensure that the promise of equal treatment embodied in federal and state anti-discrimination laws does not become a meaningless guarantee for persons perceived to be Muslim and/or Arab and/or Middle Eastern. Since the horrific events of September 11, 2001 our nation has witnessed an alarming rise in incidents of discrimination against Arabs and/or Muslims and against persons perceived to be Arab and/or Muslim." The filing of the lawsuit was announced in a press release issued by CAIR.

Establishment Clause Challenge To Liquor Licensing Rule Rejected

In VFW John O'Connor Post #4833 v. Santa Rosa County, Florida, 2007 U.S. Dist. LEXIS 17150 (ND FL, March 12, 2007), a Florida federal district court rejected an Establishment Clause challenge to the alcoholic beverage licensing requirements of Santa Rosa County, FL. Under the county's Land Development Code, vendors of alcoholic beverages for on-premise consumption must be located at least 2500 feet from any church or school, unless the distance requirement is waived by the County Commission. While consent of a church is not required in order to obtain a waiver, a fee of $25 is charged to offset the cost of determining whether affected churches and schools object to the granting of a license. The court distinguished this case from the 1982 U.S. Supreme Court decision in Larkin v. Grendel's Den, because there churches had an absolute veto over the granting of liquor licenses.

The court went on to find that the Santa Rosa county waiver provision is unconstitutionally vague, but that it may be severed from the remainder of the statute. This leaves plaintiff to pursue its equal protection and substantive due process challenges to the remainder of the Code provisions.

CAIR Becomes Controversial In Washington

Today's New York Times carries a front-page story on the growing debate over the federal government's relationships with the Council on American-Islamic Relations (CAIR). The group says its goals are to protect the civil liberties of Muslims and to spread understanding of Islam. However critics have claimed that CAIR has links to Hamas and Hezbollah which are designated as terrorist organizations by the State Department, that it has accepted large donations from Arab governments and that it furthers Wahhabist religious interpretations of Islam. Local offices of CAIR have developed close relationships with law enforcement officials and concentrate on civil rights issues. The controversy seems to focus on CAIR's national office.

Yesterday, CAIR presented a panel discussion on "Global Attitudes on Islam-West Relations: U.S. Policy Implications " in a Capitol meeting room over objections of some House Republicans who said that CAIR's members are "terrorist apologists". The website CAIRwatch collects many of the charges against CAIR.

Utah Supreme Court Says No Tolling Of Limitations In Priest Sexual Abuse Case

Yesterday in Colosimo v. Roman Catholic Bishop of Salt Lake City, (UT Sup. Ct., March 13, 2007), the Utah Supreme Court held that the statute of limitations barred a suit against the Catholic diocese of Salt Lake City, a Catholic school and several other institutions for damages growing out of sexual abuse of two brothers by a priest over thirty years ago. The court rejected arguments by plaintiffs that the running of the statute should be tolled because they had failed to make the causal connection between the abuse and their injuries. It also rejected tolling the statute on the grounds of fraudulent concealment when plaintiffs had knowledge of their abuse and the relationship of the abuser to the Church, but failed to investigate potential claims they might have arising from the abuse. The court observed that while "the legislature passed a statute in 1992 that tolls the running of the limitations period in child sexual abuse cases until the victim knows or reasonably should know that his injury was caused by the abuse, that statute does not apply retroactively, and so is not applicable here." KSL News reported yesterday on the decision.

Fired NY Teacher Loses Title VII Claim

In Central Islip, NY yesterday, a jury in federal court rejected a Title VII religious discrimination claim by a former public school teacher who claimed she had been fired because her principal falsely believed she was a witch. (See prior posting.) She also claimed discrimination based on her actual religion, Judaism. The New York Law Journal reports today that in the case, Berrios v. Hampton Bays Union Free School District, the judge issued an order, communicated to the parties but not to the jury, indicating that he was uncertain that Title VII would support a claim of discrimination based on "perceived" religious belief, rather than discrimination based on a person's actual religion. However since the jury found that neither Lauren Berrios' actual nor perceived religion was the grounds for her dismissal, the judge's order became irrelevant.

Top US Military General Says Gay Relationships Are Immoral

Yesterday's Chicago Tribune reported that Chairman of the Joint Chiefs of Staff, Marine Gen. Peter Pace, said, in answer to a question about military policy, that in his personal view, homosexual acts are "immoral". This is the reason that he supports the military's "don't ask, don't tell" policy banning openly gay men and women from serving in the military. He said his moral views are based on his personal "upbringing" and compared the immorality of homosexual relationships to that of adultery. CNN today reports that Gen. Pace's office says he stands by his remarks after his statement was criticized by the Servicemembers Legal Defense Network.

UPDATE: Today Gen. Pace issued a statement saying that in his interview with the Chicago Tribune, he should have focused more on his support for the military's "don't as, don't tell" policy that does not make a moral judgment, and less on his personal moral views. [Thanks to Alliance Alert for the lead.]

9th Circuit Holds Snowbowl Waste Water Plans Violate RFRA

Yesterday, the U.S. 9th Circuit Court of Appeals reversed a lower court decision and held that the U.S. Forest Service violated the Religious Freedom Restoration Act when it approved a proposed expansion of the Snowbowl ski resort in the Coconino National Forest in northern Arizona. At issue was the approval of the use of treated sewage to make artificial snow for the expansion. In Navajo Nation v. United States Forest Service, (9th Cir., March 12, 2007), the appellate court held that the proposed use of treated sewage effluent on the San Francisco Peaks would impose a substantial burden on the religious exercise of Navajo and the Hopi Indian tribes. It said that the government did not have a compelling interest in authorizing the use of artificial snow at an already functioning commercial ski area merely so that the ski resort could expand and improve its facilities and extend its ski season in dry years.

Explaining its holding, the court said:

The record in this case establishes the religious importance of the Peaks to the Appellant tribes who live around it. From time immemorial, they have relied on the Peaks, and the purity of the Peaks' water, as an integral part of their religious beliefs. The Forest Service and the Snowbowl now propose to put treated sewage effluent on the Peaks. To get some sense of equivalence, it may be useful to imagine the effect on Christian beliefs and practices — and the imposition that Christians would experience — if the government were to require that baptisms be carried out with "reclaimed water."

The Associated Press yesterday, reporting on the decision, said that Snowbowl Resort investors have spent $4 million on the environmental impact statement and legal fees in their attempt to expand the resort and its ski season.

Pennsylvania City Limits Council Prayer To Pre-Meeting Times

Monday night, the Coatesville, Pennsylvania City council adopted a new policy on prayer at Council meetings. Philadelphia's Daily Local reports that the new policy allows Council members to pray together -- acting as private citizens-- before official city business is discussed at a Council meeting. The prayer, that may be offered by any Council member who wishes to, will not be considered city business. The new policy responds to objections that arose after a meeting last month in which City Council President Patsy Ray, a minister, asked everyone in the room to stand and hold hands, and City Councilman Kurt Schenk, also a minister, delivered a Christian prayer. (See prior posting.)

UPDATE: Tuesday's Daily Local published an interesting editorial criticizing Council's new policy, saying: "What City Council needs to do is meet at the local diner, the local burger joint, the nearest mall. But it can’t just meet as a governing body in a city building and pray — but not call it prayer."

High Schoolers Demand To Pray In Busy School Commons Area

In Vancouver, Washington, a bitter dispute has broken out over high school officials' attempts to accommodate a student prayer group, according to a report yesterday by Religion News Service. At Heritage High School, a group of students who are members of the Church of Truth -- a congregation made up largely of Russian-speaking immigrants who came to the U.S. for religious freedom-- insisted on praying in the busy school commons area. The school offered them a room where they could meet before classes, but the students refused. The ensuing dispute led to the suspension of 11 students. Liberty Counsel then jumped into the fray, sending a letter to the Evergreen Public Schools demanding that the suspensions be expunged from the students' records, and threatening to sue if they were not. The letter said the suspensions were an overreaction to the situation.

Egyptian Blogger's Jail Sentence Upheld

Reuters reports that an Egyptian appeals court on Monday upheld the 4-year jail sentence that a lower court recently imposed on blogger Abdel-Karim Suleiman. (See prior posting.) Suleiman was convicted of insulting Islam, inciting sectarian strife and insulting Egyptian President Hosni Mubarak. Suleiman's lawyers plan to appeal the sentence to the Court of Cassation.

Churches To Offer Sanctuary To Prevent Deportations That Split Families

CNS News reports today that, in an effort to unite Christian Evangelicals behind comprehensive immigration reform, churches around the country are preparing to grant "sanctuary" to families in which a parent who is in the country illegally is about to be deported. The program, sponsored by Clergy and Laity United for Economic Justice, will begin in Los Angeles. The group considers it a moral issue to prevent the split up of families caused by deportation of a parent who leaves behind a child who is a U.S. citizen by birth.

Serbia Slow In Implementing Law To Return Church Lands

Forum 18 reported yesterday that the implementation of Serbia's 2006 Law on the Restitution of Property to Churches and Religious Communities (background) has been very slow. The Restoration Directorate is short on staff, and religious organizations are having difficulty locating the proper documentation. Even the large Serbian Orthodox Church has had problems. Also, the 2006 law only covers property confiscated by the Communists after 1945, so Jewish community property taken taken during World War II is not covered. The Minister of International Economic Relations says that the Jewish community's property will be included in a new proposed general restitution law that will cover property confiscated for ethnic or religious reasons during the Second World War.

Hugo Chavez and Venezuela's Christians

ZNet yesterday carried a long article on clashes between Venezuela's President Hugo Chavez and the country's Catholic Church. Tensions started in 1999 when Chavez's government decided to cut subsidies to the church by up to 80%. Other political differences then emerged. Through meetings since 2005 with Pope Benedict XVI, Chavez has attempted to improve relationships. Meanwhile Protestants have become key political supporters of Chavez.

Secular Islam Summit In Florida Calls For Church-State Separation

Last week, the Secular Islam Summit, held in St. Petersburg, Florida, issued The St. Petersburg Declaration. The document calls for separation of religion from state and the observance of universal human rights. Among other things, it urges governments around the world to reject Sharia law, fatwa courts, clerical rule, and state-sanctioned religion in all forms; and to oppose all penalties for blasphemy and apostasy. The Summit's website collects a number of articles and op-ed pieces commenting on the Summit. Front Page Magazine today carries a story on the Summit and on the opposition to it by the Council on American-Islamic Relations.

Recently Available Prisoner Free Exercise Decisions

In Florer v. Johnson, 2007 U.S. Dist. LEXIS 16802 (WD WA, March 8, 2007), a Washington federal Magistrate Judge gave a prisoner challenging the adequacy of the kosher diet furnished to him in prison an opportunity to amend his complaint to adequately state a First Amendment and RLUIPA claim.

In Jamal v. Arpaio, 2007 U.S. Dist. LEXIS 16212 (D AZ, March 6, 2007), an Arizona federal district court found a sufficient basis in a prisoner's complaint to order defendants to answer charges that plaintiff 's free exercise rights were violated when defendants refused to provide him a copy of the Quran, he was not permitted to participate in congregational prayer, he was denied a religious or pork free diet, and he was subjected to constant and loud Christian music.

In Morris v. Newland, 2007 U.S. Dist. LEXIS 15725 (ED CA, March 6, 2007), a California federal Magistrate Judge recommended that a Muslim prisoner be permitted to move ahead with his claims that prison officials created a custom or policy of depriving him of his right to practice his religion of Islam when female officers were allowed to observe him unclothed. Defendants had failed to frame any argument against plaintiff's entitlement to relief on these claims.

In Marshall v. Church of the Larger Fellowship, 2007 U.S. Dist. LEXIS 8571 (ED AK, Feb. 2, 2007), an Arkansas federal district judge adopted the recommendations of a Magistrate Judge, 2007 U.S. Dist. LEXIS 15459 (ED AK, Jan. 17, 2007) that plaintiff prisoners' claim be dismissed. Plaintiffs had alleged that a church, its pastor and a church chaplain violated their First Amendment rights when they wrongfully enticed them to join their congregation, without first informing them that some of their membership privileges would be limited due to their incarceration. The court held that the First Amendment does not apply to actions of private individuals or private entities, such as defendants in this case.

In Ransom v. Johnson, 2007 U.S. Dist LEXIS 15234 (ED CA, March 5, 2007), a California federal Magistrate Judge permitted a Muslim prisoner to move ahead with a claim that prison officials improperly placed him in a status that denied him the ability to earn work credits. This, he alleged, infringed his free exercise rights by preventing him from attending 26 communal prayer services.

In Lamon v. Pliler, 2007 U.S. Dist. LEXIS 15247 (ED CA, March 2, 2007), a California federal district court held that plaintiff prisoner had adequately exhausted his administrative remedies as to his complaint that he was prevented from practicing his religion when he was not provided a vegetarian diet.

Smith v. Taylor, 2006 U.S. Dist. LEXIS 95586 (ND NY, May 31, 2006), is a case decided some months ago that has recently become available. In it a prisoner challenged the legality of a strip search to which he was subjected by prison officials upon his entering the special housing unit of the prison. One of plaintiff's arguments was that his Muslim religion prohibits strip searches and prohibits the viewing of his naked body by others. A New York federal district court held that reasonable prison regulations which further an important purpose may restrict religious expression and practice.

Pastor Sentenced By Uzbeki Court For Illegal Religious Activity

Last Friday in the city of Andijan in Uzbekistan, Protestant pastor Dmitry Shestakov was sentenced to four years' exile inside the country for his religious activity, according to a report from Forum 18. Shestakov was charged with three Criminal Code violations: illegal organization of social or religious organizations (Art. 216); inciting ethnic, racial or religious hatred (Art. 156, pt. 2); and distributing materials containing ideas of religious extremism (Art. 244-1, pt. 2). However two of the three charges were withdrawn during the trial. The prosecutor has asked that a 5 year prison sentence be imposed. Shestakov's friends say that there were a number of irregularities in the trial.

Recent Scholarly Articles On Church-State Issues

From Bepress:
Marc L. Roark, Reading Mohammed in Charleston: Assessing the U.S. Courts Approach to the Convergence of Law, Religion and Commerce, (March 2007).

From SmartCILP:
Sherman A. Jackson, Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?, 30 Fordham International Law Journal 158-176(2006).

Jeremy Patrick, Church, State, and Charter: Canada's Hidden Establishment Clause, 14 Tulsa Journal of Comparative & International Law 25-52 (2006).

Meghan J. Ryan, Can the IRS Silence Religious Organizations?, 40 Indiana Law Review 73-96 (2007).

Ohio's Faith-Based Office Under Investgation By New Governor

Ohio Governor Ted Strickland has asked the state's Inspector General to investigate how the Governor's Office on Faith-Based and Community Initiatives (OFBCI) is being administered, and has asked the Department of Job and Family Services to audit OFBCI's finances. Yesterday's Dayton Daily News reports that under former Governor Bob Taft, OFBCI may have misspent some of its $22 million budget that was supposed to go to small churches and community organizations helping the needy. Funds went instead for downtown parking spaces and large screen televisions. Also, OFBCI paid rent for We Care America, a contractor hired to help oversee grants. We Care America in turn paid for a subcontractor who, along with Baylor University Professor Byron Johnson, wrote a report praising Ohio's faith-based office as one of the best in the country. Gov. Strickland, a Democrat who was elected last November, recently replaced the OFBCI staff and ordered a hold on new contracts until all existing programs are reviewed.

Navy Officer Suspended Over Charges Of Anti-Semitism

The Navy has relieved Lt. Cmdr. John Sharpe of his assignment as public affairs officer on the aircraft carrier Carl Vinson while it investigates charges that he heads two anti-Semitic groups. The Virginian-Pilot reported yesterday that Sharpe leads the Legion of St. Louis and IHS Press. Sharpe said he founded the Legion seven years ago as a Web-based forum for discussing Catholicism and contemporary social and economic issues, but the forum is now inactive. The Legion's website says the Legion's goals include combating "the Judeo-Masonic tendencies of the modern social order." Sharpe says that secularist thinking by "liberal Jewish" groups and Freemasons keep "political and social life very separate and distinct from any faith-based approach." Navy regulations prohibit personnel from participating "in any organization that espouses supremacist causes."

Kentucky Honors Controversial Chaplain As He Plans US Tour

Former Navy Chaplain Gordon James Klingenschmitt-- dismissed from the armed services in a battle over the right to pray in Jesus name at military events-- is planning a 50-state tour to pray "in Jesus' name" at every state Legislature. Apparently the plan was inspired by last week's events in Kentucky where, according to WorldNetDaily yesterday, Klingenschmitt was commissioned by the governor of as an honorary "Kentucky Colonel." Klingenschmitt then prayed "in Jesus' name" on the floor of the Kentucky Legislature, and the state's House of Representatives unanimously passed a resolution honoring "Chaplain Gordon James Klingenschmitt for service to God, country, and the Commonwealth of Kentucky."

Georgia State Board Moves To Allow Bible History Courses

The Georgia State Board of Education last Thursday preliminarily approved two classes on the Bible as part of the curriculum for public schools for next year. If the Board gives final approval to the list, the state's 180 school systems will have the option of offering courses in Literature and History of the Old Testament Era, and Literature and History of the New Testament Era. The Associated Press reports that the Board's decision follows legislation enacted last year by the Georgia legislature permitting these courses. (See prior posting.)

Alternative To 10 Commandments Monument Proposed In Fargo, ND

In Fargo, North Dakota, the Red River Freethinkers plans to ask City Commission later this month for permission to place its own monument near City Hall. Several Freethinkers members lost a suit in 2005 that challenged the constitutionality of a Ten Commandments monument in the same area. They now want their alternative monument to give the message that individuals have the right to worship as they please. It will specifically refer to a 1796 peace treaty between the United States and Tripoli, that says the government of the United States "is not in any sense founded on the Christian religion." The Fargo Forum today reports that city commissioners differ among themselves on the proposal.

Approval Of Class Settlement By Diocese Must Await Further Investigation

In St. George, South Carolina, a state circuit judge on Friday refused to approve a proposed settlement of a class action that had been brought against the Catholic Diocese of Charleston by victims of priest sexual abuse. Instead, Judge Diane Goodstein ordered an investigation of whether the Diocese archives contain evidence of additional cases of abuse. Reporting on developments, the Charleston (SC) Post and Courier today says that the Diocese will cooperate fully in the investigation. Diocese lawyer Peter Shahid Jr. says the ordered investigation is likely merely a formality.

Free Exercise Defense Rejected In False Charitable Exemption Prosecution

In United States v. Mubayyid, 2007 U.S. Dist. LEXIS 16556 (D MA, March 8, 2007), a Massachusetts federal district court refused to dismiss an indictment of two men charged with fraudulently obtaining a charitable exemption under § 501(c)(3) of the Internal Revenue Code for Care International, Inc. Prosecutors allege that defendants concealed the fact that Care financed and promoted Islamic holy war (jihad) and holy warriors (mujahideen). Rejecting defendants' free exercise of religion claims, the court said that it saw "no reason why providing a complete and truthful description of the organization's planned activities in order to obtain tax-exempt status--whether or not those activities are religiously motivated--inhibits or substantially burdens the exercise of religious freedom."

Kazakh Women Can Now Wear Hijab for ID Photos

Radio Free Europe reports that in Kazakhstan, Muslim women last month won a victory permitting them to accommodate their religious beliefs. The country's Justice Ministry announced that it will no longer enforce a regulation that barred women from wearing any head covering -- including the traditional Islamic hijab (head scarf) -- when their official photos are taken for identification cards or passports.

Ontario MP Seeks Non-Denominational Chapel In Parliament Building

A column published in Thursday's Orangeville (Ontario) Citizen says that Cheri DiNovo, a New Democrat member of Ontario's Parliament who is also a United Church minister, plans to introduce a resolution to require the legislature of the Canadian province to set aside a room in its main building for staff and visitors of all faiths to use for prayer or meditation. Columnist Eric Dowd says: "The legislature still starts each day's proceedings with The Lord's Prayer and a second prayer asking 'God, our Heavenly Father' to guide MPPs, but there is increasing recognition that these are essentially Christian in a province that's growing less Christian. Few MPPs arrive in time for them, anyway."

Russian Student Sentenced For Sending Anti-Semitic Text Messages

In Russia last Monday, a Moscow court sentenced a 22-year old law student to 150 hours of public service for sending anti-Semitic text messages that were broadcast by a local television station last May as part of a broadcast celebrating Victory Day. UCSJ reported on Friday that Moscow's Regional Prosecutor has labelled the messages "an affront to the national dignity of representatives of the Jewish ethnicity and non-Russians as a whole."