Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, April 01, 2006
Justice Scalia Creates Tempest At Boston Red Mass
As Scalia was leaving the Mass, a Boston Herald reporter, Laurel J. Sweet, asked him whether he receives a lot of criticism for publicly proclaiming his conservative Catholic beliefs. "You know what I say to those people?" Scalia replied, flicking his hand under his chin. "That’s Sicilian," he said. He continued: "It’s none of their business. This is my spiritual life. I shall lead it the way I like." The Boston Herald article described the under-the-chin gesture as "obscene". This led Justice Scalia to write a letter to the Herald (full text) complaining that the gesture was not obscene, but merely meant "I couldn’t care less".
It turns out that free-lance photographer Peter A. Smith actually caught Scalia’s gesture on film. Smith is a part-time faculty member in Journalism at Boston University and was covering the event for the Catholic Pilot. As the controversy raged, he released the photo and gave his account of what happened: "The judge paused for a second, then looked directly into my lens and said, 'To my critics, I say, Vaffanculo, punctuating the comment by flicking his right hand out from under his chin.'" The Italian phrase means "f--- you." The Boston Herald reporter who had asked Scalia the original question agreed with Smith’s story, but said he did not hear Scalia say "Vaffanculo".
Proving the old adage that "no good deed goes unpunished", yesterday's Boston Herald reported on photojournalist Peter Smith's fate. His decision to release of the photo of Justice Scalia led The Pilot to fire the professor-photographer who had freelanced for the paper for ten years.
Malaysian Man Fined For Missing Friday Prayers
Afghanistan Convert Case Continues To Have Legal Implications Worldwide
On Thursday, by a vote of 427-0, the U.S. House of Representatives passed H. Res. 736 strongly condemning Afghanistan's attempts to prosecute Rahman for abandoning Islam:
Resolved, That the House of Representatives-- (1) condemns, in the strongest possible terms, the enforcement of laws against apostasy; (2) requests the President to continue to work with the Government of Afghanistan to establish better protections for religious minorities, including converts to minority religions, and to enhance human rights protections in Afghanistan; and (3) calls upon the Government of Afghanistan, and especially President Hamid Karzai, to continue to conform Afghan laws to Afghanistan's international human rights treaty obligations, thereby protecting Afghan citizens who have converted or plan to convert to other religions from prosecution.The Century Foundation today published an analysis of lessons learned from the Rahman episode about the tensions between Islamic law and Western law still faced by Afghanistan. It reports that President Hamid Karzai has presented the Afghanistan Parliament with a new slate of reformist Supreme Court judges. It is unclear whether Parliament will approve them. In a U.S. News & World Report column posted Thursday, Jay Tolson suggested that it was unfortunate that Afghanistan dismissed the Rahman case. He says: "Kabul has only put off its rendezvous with an inevitable constitutional dilemma.... At the same time, the dismissal robs the larger Muslim world of a golden opportunity for religious moderates to challenge an Islam-wide crisis of authority that allows extreme, literalist interpretations of Islamic law to go unchallenged."
Meanwhile, many other countries continue to impose legal restrictions on proselytizationtion and conversion. The Toronto Star today published an excellent summary of the law in ten Middle Eastern countries on religious conversion. And, according to Bos News Life, on Friday the Algerian Parliament approved a new law aimed at preventing Christian proselytization in the country. It imposes a 2 to 5 year prison sentence and a fine equivalent to $12,000 (US) on anyone who forces, urges or tempts a Muslim to convert to another religion. It also prohibits manufacturing, storing, or circulating publications or audio-visual material aimed at "destabilizing attachment to Islam." Finally the new law permits the practice of religions other than Islam only in buildings that have been licensed by the government.
Friday, March 31, 2006
Assets of Polygamous FLDS Sect Still An Issue
Developments In Priest Sexual Abuse Claims
Meanwhile, early last month a Colorado federal district court refused to permit the Archdiocese of Denver remove to federal court claims that had originally been filed against it in state court. In Doe v. Archdiocese of Denver, 413 F. Supp. 2d. 1187 (D. Colo., Feb. 7, 2006) and Nielsen v. Archdiocese of Denver, 413 F. Supp. 2d 1181 (D. Colo, Feb. 7, 2006), the court held that claims that the Church was negligent in hiring, supervising or retaining offending priests do not raise First Amendment issues that justify removal of the cases to federal court.
Navy Policy For Chaplains-- Analysis and Attack
Yesterday, former Alabama Supreme Court Justice Roy Moore joined dissident Navy Chaplain Gordon James Klingenschmitt at a news conference. Klingenschmitt says that the Navy's policy violates his First Amendment rights by prohibiting him from reciting Christian prayer at non-religious events. Today's Birmingham, Alabama News reports that Klingenschmitt disobeyed an order not to wear his Navy uniform at the news conference. Instead, he invited disciplinary action by appearing in uniform, with a stole around his neck, where he specifically invoked Jesus Christ in prayer. Later, he changed into civilian clothing and a clerical collar and explicitly criticized the Navy's policy.
Apparently Klingenschmitt is not the only chaplain who has had a run-in with the Navy. There has just become available on LEXIS a case from last year brought by another chaplain who was forced into early retirement. In Wilkins v. United States, 2005 U.S. Dist. LEXIS 41268 (SD Cal., June 29, 2005), a Navy chaplain claimed that various institutionalized practices of the Navy's Chaplain Corps violated the First Amendment's Establishment and Free Exercise Clauses, as well as the Equal Protection and Due Process Clauses of the Fifth and Fourteenth Amendments. In particular, he allged discrimination against non-liturgical Protestant chaplains. The court rejected all of his claims.
Ohio Autopsy Law Respects Jewish Halacha
If an autopsy is performed ... and pursuant to section 313.131 ... the coroner has reason to believe that the autopsy is contrary to the deceased person's religious beliefs, the coroner shall not remove any specimens ... from the body of the deceased person unless removing those specimens ... is a compelling public necessity. Except [for a DNA specimen retained for diagnostic, evidentiary or confirmatory purposes]] ..., if the coroner removes any specimens from the body of the deceased person, the coroner shall return the specimens, as soon as is practicable, to the person who has the right to the disposition of the body.These provisions are consistent with Jewish religious law regarding disposal of body tissue and organs. (Background.) Ohio Jewish Communities and Agudath Israel worked with drafters of the law to assure that the final version respected Halacha (Jewish law). (See prior posting.) [Thanks to OJC March 24, 2006 Internal Newsletter for the information.]
Muslim Classes Permitted In Syria's Military
New Publications of Interest
- Jamie A. Aycock, Contracting Out of the Culture Wars: How the Law Should Enforce and Communities of Faith Should Encourage More Enduring Marital Commitments
- Todd Parker, The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR
Eugene Volokh, Parent-Child Speech and Child Custody Speech Restrictions, 81 New York Univ. Law Review 101- 202 (2006). The article is discussed by Austin Cline in a posting titled Religious Discrimination in Child Custody Settlements.
Thursday, March 30, 2006
No Damages Awarded In "Atheism Is A Religion" Case
As Rahman Gets Asylum In Italy, New Questions Raised In U.S.
In the wake of these developments, this week's issue of Forward carries an excellent article analyzing the impact that the Rahman affair has had on evangelical Christians in the United States. The paper says that the controversy left evangelicals questioning the Bush administration's assumption that Muslim countries can become democratic while adhering to Islamic law and Muslim customs.
Largest Chaplains' Group Says No New Executive Order Is Needed
Indian Supreme Court Rejects Religious Discrimination Challenge To Election Law
Arizona Bill To Require Recognition of Student Religious Organizations Nears Passage
Alternative Synod Leaders Prosecuted In Bulgaria
Wednesday, March 29, 2006
U.S. Agencies Debate Whether Title VI Covers Anti-Semitism
In 2004, the Department's Office of Civil Rights said that under Title VI it could investigate discrimination against students of Jewish heritage even if they are Caucasian and American born. This is consistent with the U.S. Supreme Court's holding in the 1987 case of Shaare Tefila Congregation v. Cobb that held Jews could make a racial discrimination claim under a 19th century federal law because at the time it was passed Jews were considered a distinct race. Recently, however, Stephanie Monroe, head of the Department of Education's Office of Civil Rights, has apparently taken the position that while harassment driven by a student's perceived Jewish ethnic origin would be subject to an OCR investigation under Title VI of the 1964 Act, harassment because of a student's Jewish religious beliefs, such as the wearing of a kippa, would not be covered by Title VI.
Meanwhile, the U.S. Civil Rights Commission is also bogged down in dispute over how far it should go in addressing anti-Semitic propaganda and harassment on campuses, including anti-Semitic activities disguised as anti-Israel advocacy. The issue will be on the agenda of the Commission's April 3 meeting.
City Council Prayer Dispute In Canada
DC Circuit Holds Damages Not Available From U.S. Under RFRA
NY Civil Liberties Union Sues Coast Guard Over Merchant Marine Religious Bias
Religious Party Gets 3rd Highest Number of Seats In Israel's Election
- Integrating Jewish tradition into the education system. The doctrine guiding the party's platform is that Israel is the Jewish people's state and Jewish identity must be preserved when it comes to decision making, while curbing moves that would see "a country of all its citizens" emerging. The party does not call for a state based on religious law, but rather, "a state with a Jewish soul" where Jewish character is preserved within state laws.
- Every diplomatic question on the agenda has answers in Jewish law. The party's spiritual leader, Rabbi Ovadia Yosef, determines the party's official position. Yosef and other leading rabbis believe territorial compromise is allowed, but only when life is at stake and something is received in return.
Lutheran School's 1st Amendment Defense Against Discrimination Claim Rejected
Tuesday, March 28, 2006
San Francisco Reaction To Catholic Adoption Agency Stand
In response to this, first the San Francisco Chronicle wrote a measured editorial criticizing Levada's statement. Then the San Francisco Board of Supervisors unanimously passed a strongly worded non-binding resolution. It said in part: "It is an insult to all San Franciscans when a foreign country, like the Vatican, meddles with and attempts to negatively influence this great city's existing and established customs and traditions, such as the right of same-sex couples to adopt and care for children in need." Also, San Francisco Mayor Gavin Newsom, a divorced Catholic, canceled his planned trip to Rome to attend the elevation of Levada at a ceremony held last Friday. Finally, the National Center for Lesbian Rights said last week that it might sue the Roman Catholic Archdiocese of San Francisco if it bans its affiliated social service agency from allowing adoptions by same-sex couples.
Dutch Agency Finds Discrimination Against Muslim Teaching Applicant
Connecticut Captive Audience Bill Killed In Committee
Church Challenges To Building Limits Survive Motion To Dismiss
Senate Committee Approves Immigration Bill with Church Protections
Brief Filed For Congress Members Supporting National Motto
Supreme Court Hears Arguments On Depriving Prisoners of Protected Material
In the decision below, the Third Circuit had held the restrictions unjustified. Circuit Judge (now Justice) Samuel Alito dissented, finding the restrictions constitutional.
Monday, March 27, 2006
New Scholarly Publications Of Interest
From SmartCILP:
- Steven P. Aggergaard, Religion, Speech, and the Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, 32 Wm. Mitchell Law Review 719-767 (2006).
- Daniel A. Crane, A "Judeo-Christian" Argument For Privatizing Marriage, 27 Cardozo Law Review 1221-1259 (2006).
Florida Voucher Programs Face Uncertain Future
Now pro-voucher politicians, including Governor Jeb Bush, want an amendment to the state constitution to protect vouchers, claiming that otherwise the ACLU will bring suit to invalidate those voucher programs still in existence. However, the ACLU says it has no intention of challenging either the McKay Scholarship Plan for students with special needs or the Bright Futures program that provides funds for college students. The Florida House of Representatives has a proposed constitutional amendment under consideration, but nothing has happened in the Senate.
The House measure, HJR 1573, proposes a constitutional amendment that provides, in part: "the Legislature is not limited from enacting and funding for the people education programs, public or private, without regard to the religious nature of any provider or participant..." The amendment would also provide that "every child deserves an equal opportunity to receive a quality education regardless of his or her family's income, religion or race. Funding for quality education through classroom instruction is paramount, and the legislature shall ensure that funding provided for public schools shall primarily be used for classroom instruction rather than administrative expenditures."
John Kirtley, a Tampa millionaire who has supported vouchers, says that the ACLU's statement that it does not intend to challenge the McKay or Bright futures programs is a ruse. He thinks the group will wait until it is too late to get a constitutional amendment on the November ballot, and will then file suit against remaining voucher programs. The ACLU agrees that it is considering challenging a program approved in 2002 that funds private pre-school programs, including programs run by religious groups.
Rahman Case Sent Back to Prosecutors; Protests In Some Cities
Rahman is being moved to to Pul-i-Charki, a high security facility housing hundreds of Taliban convicts, after fellow prisoners threatened to kill him at Kabul's main jail. Deputy Attorney General Mohammed Eshaq Aloko said Rahman would be sent to the Aliabad hospital in Kabul for psychiatric evaluation and might be examined by U.S. or NATO doctors. He raised the possibility that Rahman might be sent abroad for treatment, opening the possibility of his being granted political asylum abroad.
Meanwhile, India's NDTV reports that thee has been a "massive uproar" across Pakistan in protest against the court's decision to dismiss the Rahman case. Thousands protested in the northern city of Mazar-e-Sharif.
In a related development, in India, the Supreme Court has before it a petition to dissolve all Islamic and Sharia courts in the country. Outlook India today reports that Advocate Vishwa Lochan Madan filed the complaint, alleging that the courts threaten the Indian judicial system.
UPDATE: A March 28 report from the Chicago Tribune says that Rahman has been released into the custody of the Afghan Independent Human Rights Commission and the United Nations mission in Afghanistan. Also, it appears that Monday's demonstrations in Mazar-e-Sharif involved hundreds, not thousands as reported above.
Sunday, March 26, 2006
Coast Guard Policy On Religious Head Coverings May Change
The other military services have a different rule. Back in 1986, in the case of Goldman v. Weinberger, the U.S. Supreme Court upheld Air Force regulations that prohibited an Orthodox Jewish Air Force officer from wearing his yarmulke indoors. However, Congress quickly responded and in 1987 enacted 10 USC 774 that permits members of the armed forces to wear "neat and conservative" items of religious apparel with their uniforms so long as the item does not interfere with performance of military duties. The Department of Defense promulgated regulations consistent with the provision. Department of Defense Directive DODD-1300.17 (Feb. 3, 1988). Since the Coast guard is under the Department of Homeland Security rather than the Department of Defense, DOD directives apparently do not apply to it, even though it would seem that 10 USC 774 also applies to the Coast Guard. 10 USC 101 defines "armed forces" for purposes of Title 10 to include the Coast Guard.
Inmate Claims Veganism Is a Religious Belief
The sheriff's legal affairs spokesman, Lt. Scott Jones, says veganism is a lifestyle choice. He says the jail only makes dietary accommodations for medical reasons, and McDavid will get sufficient nutrition even if he only eats the acceptable portions of his meals. Also, inmates who keep kosher, halal and vegetarian diets can supplement their diets with items for sale in the jail's commissary. Jerry Read of the Corrections Standards Authority said his office does not regulate religious diets. He adds, "Case law changes too often. It comes up a lot - I don't know how many lawsuits there are, but enough that we can't keep up with it."
Prince Charles Speaks At Conservative Saudi University
Saturday, March 25, 2006
Some Thoughts On The Rahman Case and the Issue of Religious Conversion
Radio Free Afghanistan today posted a detailed analysis of the issue of apostasy under Islamic law. It's author, Joyce M. Davis, points out that not all Islamic scholars advocate the death penalty for those who leave the faith. Meanwhile, pressure on Afghan president Hamid Karzai continued. A letter in Pope Benedict XVI's name was sent to Karzai by Vatican Secretary of State Cardinal Angelo Sodano. BBC News today reports that the letter appealed to Karzai to respect freedom of conscience and religion guaranteed by the Afghan Constitution.
Conversion to other faiths is not a concern only to Islam or to Afghans. In the Indian state of Rajasthan, according to today's New India Press, the cabinet has just approved a bill that would impose a jail term of 2 to 5 years for "forceful" religious conversion. The bill would cover conversions through social boycotts, intimidating a person in the name of God, or any threat leading to personal losses. Encouraging a person to convert by promising financial assistance or personal profit would also violate the law. As Asia News reported earlier this week, India's largest political party, the Hindu nationalist Bharatiya Janata Party, has repeatedly argued that Christian missionaries practice "terrorism" against tribal communities. Last Tuesday, thousands of Christians, joined by Muslims and others, marched to protest growing violence against Christians in Rajisthan.
Courts Rule On When Cases Pose Theological Issues
In Geiser v. International Church of the Foursquare Gospel, (Cal. Ct. App., March 22, 2006), a California appellate court, while upholding a volunteer assistant pastor’s claim against a church for battery, dismissed his claim for intentional infliction of emotional distress. The court held that the First Amendment requirement that a court not become involved in adjudicating issues of religious practice or orthodoxy precluded it from deciding the validity of the claim which was based on accusations that plaintiff made "unauthorized deliverances" and refused to "follow church policy". Deciding the case would involve the court in deciding the truth or falsity of defendant’s religious beliefs, or at least in making judgments about them. That, in turn, would place the court’s imprimatur on one version of church doctrine over another.
A case from Montana, decided some ten months ago, has just become available on LEXIS. In Raihl v. Passmore, 2005 Mont. Dist. LEXIS 1464 (Mont. Dist. Ct., July 21, 2005), a Montana trial court held that issues of negligent hiring, negligent supervision, breach of fiduciary duty and intentional infliction of emotional distress involving the Church of God could be decided without inquiring into religious teachings and beliefs. The court added: "to dismiss these causes of action on that basis would give a clear, green light to any church to conduct themselves in the same fashion given similar circumstances."
Recent Prisoner Free Exercise Cases
Following up an earlier decision permitting a Native American prisoner to move forward with his suit claiming he was intentionally denied the right to attend religious pipe and drum ceremonies, a Wisconsin federal district judge issued an opinion outlining in detail to the pro se litigant the exact procedures he must follow at trial and the elements that he must prove to win his case. Meyer v. Teslik, 2006 U.S. Dist. LEXIS 5700 (WD Wis., Feb. 10, 2006). (Earlier decision discussed here.)
In Blount v. Johnson, 2006 U.S. Dist. LEXIS 11961 WD Va., March 2, 2006), a Virginia federal district judge denied prison officials’ motion of summary judgment and sent to the Magistrate Judge for trial a Virginia state prisoner’s claims under the Free Exercise clause and RLUIPA. Inmate Donell Blount who was a member of the House of Yahweh was denied his request to be served the Common Fare Diet because officials determined that his religion did not require it. Subsequently the Virginia Department of Corrections added House of Yahweh to the list of religions requiring a special diet.
In Pepper v. Carroll, 2006 U.S. Dist. LEXIS 11907 (D. Del., March 22, 2006), a Delaware federal district court rather summarily reject a prisoner’s claim that his free exercise rights were infringed when he was not furnished a television set on which to watch church services. He was, at his own request, housed in the Security Housing Unit where televisions are not permitted.
In Stewart v. Barr, 2006 U.S. Dist. LEXIS 11516 (D. Wis., March 17, 2006), a Wisconsin federal district court granted summary judgment to prison authorities, finding they had shown a legitimate penological reason for their requirement that plaintiff, a prisoner claiming to be a Rastafarian, remove his dreadlocks before leaving the prison for medical treatment.
Friday, March 24, 2006
City Considering Law To Limit Pickets Protesting Jewish Divorce Concerns
Protests in front of Rosenbloom's home have been held for almost two years, and recently have been occurring on an almost weekly basis. They are organized by the New York-based Organization for the Resolution of Agunot. Pickets hope that signs and slogans such as "Unchain your wife" will "apply social pressure to free" Sarah Rosenbloom. The proposed ordinance (full text) would prohibit picketing by or in front of a private residence, though it would not ban marching in a residential area without stopping in front of a particular home. It would also not apply if the residence was also the occupant's sole place of business or if a public meeting were being held there. A similar law was upheld against constitutional attack by the U.S. Supreme Court in 1988 in Frisby v. Schultz. Protesters said that if the new law is passed, they will continue their protests in conformity with it. [Thanks to Eugene Volokh via Religionlaw for the lead.]
Easter Bunny Banned From City Hall
California Agency Refuses To Fund Historical Mission Repair
University of Wisconsin Settles Suit On Dormitory Bible Studies
Indonesia To Adopt New Decree On Houses of Worship
Study On Attitudes Toward Atheists In US
Secy. Hughes Speaks At Conference On Faith and Service
[S]ome might question why a government official, especially one from a nation that prides itself on the separation of church and state, would be asked to speak at a conference on interfaith dialogue.... Why would a government -- a United States Government official convene a meeting of religious leaders? And the answer is both simple and profound. It's because faith plays such a critical role in the lives of so many people across our world. Governments would be foolish to ignore its power and impact or to leave the floor only to those who seek to use religion as a force to divide or destroy....
Voices from our diverse faith communities, such as those represented here today, are often the most credible voices to say that terror and violence are not a matter of religion at all. When you think about it in its starkest terms, urging young people to strap bombs on their bodies, to kill themselves, and in the process try to kill as many other innocents as possible, is not a legitimate tenet of any faith....
Promoting religious freedom is a central element of the President's agenda for democracy and freedom across our world.... We must not rest in this effort, nor ever forget those who are persecuted for their beliefs and denied the rights of conscience that we sometimes take for granted here in the United States.
Thursday, March 23, 2006
Afghan Charge Against Muslim Convert Draws U.S. Criticism
We expect them to honor the universal principle of freedom. I'm troubled when I hear -- deeply troubled when I hear the fact that a person who has converted away from Islam may be held to account. That's not the universal application of the values that I talked about. Look forward to working with the government of that country to make sure that people are protected in their capacity to worship.
Later, in answer to a question, the President said: "It is deeply troubling that a country we helped liberate would hold a person to account because they chose a particular religion over another.... [W]e can solve this problem by working closely with the government that we've got contacts with -- and will. We'll deal with this issue diplomatically and remind people that there is something as universal as being able to choose religion."
Canadian Prime Minister Stephen Harper called President Karzai yesterday to express deep concern, according to the Ottawa Star.
The Washington-based Council on American-Islamic Relations (CAIR) also issued an unusually strong statement on the matter:Religious decisions should be matters of personal choice, not a cause for state intervention. Faith imposed by force is not true belief, but coercion. Islam has no need to compel belief in its divine truth.... We urge the government of Afghanistan to order the immediate release of Mr. Abdul Rahman.Afghanistan responded by saying that the matter would be handled by its courts. Reuters yesterday reported that Mahaiuddin Baluch, a religious affairs advisor to President Hamid Karzai, said: "We in Afghanistan have the prosecutor who observes the law and the court that executes it. Whatever the court orders will be executed as the court is independent."
ISN Security Watch today has an excellent analysis of the constitutional issues and political pressures inside Afghanistan. (See prior related postings, 1, 2.)
Supreme Court Arguments Yesterday In Procedural Prisoner Free Exercise Case
At issue before the Supreme Court was whether inmates should be able to file federal lawsuits even if they miss state filing deadlines. Ngo's attorney, Meier Feder, argued that Congress never intended to block valid inmate complaints in passing the 1996 Prison Litigation Reform Act. Attorneys for California and for the Bush administration argued that in enacting 42 USC Sec. 1997e, Congress wanted inmates to comply with state prison grievance procedures, including deadlines. Northwestern University has a further summary of the case, along with links to the 9th Circuit's opinion below and to the briefs filed in the Supreme Court.
2nd Circuit Holds Asylum Applicant Need Not Have Religious Knowledge
Georgia House Permits Bible As Textbook In High School
The bill was originally introduced by Democrats in the Georgia Senate. Republicans, upping the ante, quickly substituted their own version, specifying that the Bible itself would be the course textbook. The measure easily passed the GOP-controlled Senate last month by a 50-1 vote. House lawmakers changed the Senate bill by taking out requirements that the New Testament courses must document the parables of Jesus and the travels of Paul. These changes now must be approved by the Senate. [Thanks to Jean Dudley via Religion law for the information.]
Meanwhile, the Auburn Plainsman today reports that the Alabama Senate Education Committee recently cleared SB472, a Democratic-sponsored bill that would permit the Bible to be taught as literature in public schools. A different version of the bill (HB58) is pending in the House. It is opposed by Republicans because it prescribes The Bible and Its Influence as the required text. (See prior posting.)
UPDATE: On March 27, the Georgia Senate also approved HB 1133, and Gov. Sonny Perdue is expected to sign the law, according to the New York Times.
Church Contributes Funds For Investors In SEC Suit
Background On Pending Satmar Litigation
Wednesday, March 22, 2006
British House of Lords Upholds School Policy Banning Jilbab
Denbigh High School had a uniform policy that allowed Begum to wear the shalwar kameez (trousers and tunic), but not a jilbab that covered her entire body. (See prior posting.) Today's Education Guardian reports that Lord Bingham's opinion emphasized that courts, lacking the experience, background and detailed knowledge of the headteacher, staff and governors, should not interfere in the school's decision. He pointed out that the school's policy was acceptable to mainstream Muslim opinion.
Shabina's counsel, Cherie Booth QC, said that the kameez was no longer suitable for Begum because she had reached sexual maturity and it did not sufficiently protect her modesty. Lord Bingham said any sincere religious belief such as that held by Shabina must command respect, but the issue was whether her freedom to manifest her belief by her dress was subject to limitation and whether that limitation was justified. He said Shabina could have attended another school, where the jilbab was permitted. He was satisfied there was no interference with her right to manifest her belief, and even if there was interference, it was a "proportionate" response by the school.
Agreeing, Lord Hoffmann said that Article 9 of the European Convention "does not require that one should be allowed to manifest one's religion at any time and place of one's own choosing." Shabina's family had chosen that school with knowledge of its uniform requirements.
Begum said she would be discussing with her lawyers whether they would appeal the case
to the European Court of Human Rights.
Afghan Who Converted May Be Mentally Unfit To Stand Trial
Additional Group To Recruit Jewish Military Chaplains
Are Islamist Enclaves Constitutional?
While the U.S. Constitution enshrines the right to religious freedom and the prohibition against a state religion, when it comes to the rights of religious enclaves to impose communal rules, the dividing line is more nebulous. Can U.S. enclaves, homeowner associations, and other groups enforce Islamic law?...
On their face, the fundamental principles of the internal Muslim enclave are no more invidious than any other religious enclave. But ideology matters. Many proponents of an Islamic polity promote an ideology at odds with U.S. constitutional jurisprudence and the prohibition against the establishment of a state-sponsored religion. The refusal to recognize federal law makes Islamist enclaves more akin to Ruby Ridge than to the Hasidic and Amish [communities]....
Prince Charles Gets Honorary Degree, Speaks At Al-Azhar University
USDA Finds Violations At Kosher Slaughtering Plant
Tuesday, March 21, 2006
Texas School Sued Over Bible Group's Access To Website
Church-State Tidbits From Bush Q&A In Cleveland
Then, as part of a long answer to a question asking about domestic policy aimed at helping unsafe and poverty-stricken neighborhoods, the President promoted his faith-based initiative:Q [A]uthor and former Nixon administration official Kevin Phillips, in his latest book, American Theocracy, discusses what has been called radical Christianity and its growing involvement into government and politics. He makes the point that members of your administration have reached out to prophetic Christians who see the war in Iraq and the rise of terrorism as signs of the apocalypse. Do you believe this, that the war in Iraq and the rise of terrorism are signs of the apocalypse? And if not, why not?
THE PRESIDENT: The answer is -- I haven't really thought of it that way. (Laughter.) Here's how I think of it. The first I've heard of that, by the way. I guess I'm more of a practical fellow. I vowed after September that I would do everything I could to protect the American people....*** I take a practical view of doing the job you want me to do -- which is how do we defeat an enemy that still wants to hurt us; and how do we deal with threats before they fully materialize; what do we do to protect us from harm? That's my job. And that job came home on September the 11th, for me -- loud and clear.....
I believe that the idea of empowering our faith-based institutions -- government can help, but government sometimes can't find -- well, it just doesn't pass -- it's not a loving organization. And so I believe strongly -- I believe strongly in empowering faith-based and community-based programs all throughout America to help achieve certain objectives.
Mentoring, for example, mentoring of children in prisoners -- whose mother or dad may be in prison is an initiative I started. Drug rehabilitation, giving those who are eligible for drug money a voucher, money themselves, a scrip so they can redeem it at a program that they choose, not that the government assigns them to. In other words, there's a variety of social service programs aimed at lifting people up.
Nuns and Priests May Be Lawyers In India
Pennsylvania Pastors Network Nears Line On Tax Code Limits
Mother Theresa Statue Controversial In Northern Albania
Lawyer Criticizes Ontario's Ban On Religious Arbitration Panels
An earlier article by Kutty discussed the recommendations made by the 2004 Boyd Report that called for retaining religious-based arbitration, but imposing new regulation on arbitration tribunals and the family law arbitration process.
Monday, March 20, 2006
Indonesia Increasingly Convicts For Deviating From Islam
Sumardi Tappaya, a high school religious teacher, is awaiting trial for blasphemy after a relative claimed he was whistling while he prayed. Ardhi Husain and his editors were sentenced to five years in prison for writing a book that the ulemas said contained 70 errors, such as claiming Muhammad was not the last prophet and that non-Muslims could go to heaven. And Lia Aminuddin, who claims to be the Virgin Mary and leads the quasi-Islamic God's Kingdom of Eden cult, was arrested in December for blasphemy after thousands of protesters surrounded her headquarters in Jakarta.
Fallout From Muhammad Cartoons Continues
The United Nations Commission on Human Rights’ Special Rapporteur examining the situation has strongly criticized Denmark, according to a report yesterday in the Turkish paper, Zaman.
Meanwhile, in France, a draft law criminalizing blasphemy, has been proposed by an MP for the ruling Union for Popular Movement party (UMP). According to Friday's Islam Online, MP Marc Bouraud said he was driven by the Danish cartoons crisis, which "exposed the fragile link between freedom of expression and freedom of belief and thought."
New Prisoner Cases On Attendance At Religious Services
In Joseph v. Lewis, 2006 U.S. Dist. LEXIS 10653 (ED Cal., March 15, 2006), a California federal district court found that a prisoner had a valid free exercise complaint growing out of prison authorities' refusal to permit him to leave a vocational instruction class to attend Friday Jumu'ah prayer services. However his claim that his inmate grievance form was improperly processed was dismissed.
Austria Moves Toward Greater Recognition of Muslims
In another development, the Catholic Church in the Upper Austria region has decided to allow the teaching of Islam in one of its 55 schools, as the number of Muslim students enrolled increases. Other Catholic schools were expected to do the same, since the education law calls for such classes once the number of Muslim students reaches 3.