Georgia Tax Exemption For Bibles Violates Establishment Clause

A federal district court in Atlanta yesterday upheld an Establishment Clause challenge to a Georgia statute that grants sales tax exemptions for purchases of "Holy Bibles, testaments and similar books commonly recognized as being Holy Scripture." The statute also exempts the sale of religious newspapers, where the paper is owned and operated by a religious denomination. The case was brought by the ACLU of Georgia on behalf of a retired Atlanta librarian, and on behalf of the owner of a metaphysical bookshop. They successfully argued that the law unlawfully discriminates against sellers of other philosophical, religious and spiritual works. (See prior posting.) In reporting on the decision yesterday, the Atlanta Journal-Constitution said that after lawsuit was filed, Georgia Revenue Commissioner Bart Graham, responding to an inquiry, suspended the sales tax on purchases of the Quran. His office has not received inquiries about other religious or spiritual texts.

UPDATE: The opinion in the case, Budlong v. Graham, is now available online. [Thanks to How Appealing.]

Eminent Domain Taking Violates Establishment Clause

The Commonwealth Court of Pennsylvania issued an interesting First Amendment decision yesterday in a case captioned Re: 1839 North Eighth Street, (Feb. 6, 2006). In a 4-3 decision, the court held that the Philadelphia Redevelopment Authority violated the Establishment Clause when it used the power of eminent domain to condemn property in a blighted area of the city and turn it over to the Hope Partnership, a private religious organization, for it to use as a school. The majority found that the taking of property for religious use violated all three prongs of the Lemon test. The dissent argued, on the other hand, that the majority’s approach amounted to viewpoint discrimination against religious groups. The AP has a report on the decision.

Court Asks For More Briefs On Whether RFRA Applies In GTMO

Yesterday, in Rasul v. Rumsfeld, 2006 U.S. Dist. LEXIS 4275 (D DC, Feb. 6, 2006), the U.S. District Court for the District of Columbia dismissed a series of claims by former Guantanamo Bay detainees alleging various forms of torture and mistreatment while in custody. However, the court ordered further briefing by the parties on whether the Religious Freedom Restoration Act applies to alleged harassment of the detainees in the practice of their religion, and, if so, whether defendants are entitled to qualified immunity for their conduct. The court said that while RFRA does not have extraterritorial effect, arguably the 2004 Supreme Court decision in Rasul v. Bush means that all United States law applies in the Guantanamo Bay Naval Base.

Utah Bill Narrowing Peyote Exemption Moves Forward

In Utah yesterday, according to the Salt Lake Tribune, the state Senate Judiciary Committee approved HB 60, which will limit permission to use peyote in religious ceremonies to members of federally recognized American Indian tribes. A 2004 Utah Supreme Court case, State v. Mooney, held that any member of the Native American Church was covered by Utah's present exemption, even if that person is not a member of a recognized Indian tribe. While HB 60 mirrors current federal law, some senators questioned whether it improperly restrict religious freedom.

Department of Agriculture Proposal Said To Violate Free Exercise Rights

In 2004, largely in response to concerns about Mad Cow Disease and Foot-and-Mouth Disease, the U.S. Department of Agriculture began to implement the voluntary National Animal Identification System. In April 2005, the Department of Agriculture issued a Draft Strategic Plan and Draft Program Standards that propose making the system mandatory beginning in 2008. Yesterday, the Magic City Morning Star (Millinocket, Maine) ran a guest column written by Mary Zanoni, Executive Director of Farm for Life. She argues, among other things, that the NAIS proposal violates the First Amendment free exercise rights of some farmers. The religious beliefs of Old Order Amish (and similar groups) preclude them from registering their animals or farms in the NAIS program.

Recent Scholarly Publications

Recent scholarly publications:

From SSRN: Abner Greene (Fordham Law School), The Apparent Consistency of Religion Clause Doctrine (forthcoming in Washington University Journal of Law & Policy).

From SmartCILP: Sheila Suess Kennedy & Leda McIntyre Hall, What Separation of Church and State? Constitutional Competence and the Bush Faith-Based Initiative, 5 Journal of Law In Society (Wayne State Univ.) 389-408 (2004).

Elgin Illinois Church Loses Zoning Permit Case

In a Kane County, Illinois trial court yesterday, the city of Elgin won in its three-year zoning dispute with All Nations Worship Center, a small storefront church. As reported by today's Chicago Tribune , in 2003 when All Nations opened, Elgin ordinances prohibited churches in areas zoned for businesses. The city took steps to close the church and the church sued. Last July, Elgin amended its zoning code, allowing the church to remain so long as it applied for the permit. The city agreed to drop a $500-a-day fine and to approve All Nations' permit application. But All Nations refused, arguing that it "will not agree to seek a license for a church that already has a constitutional right to worship." After losing its argument yesterday, All Nations' said that it will appeal.

U.S., Britain Decry Violent Cartoon Responses; Iran Paper Creates New Challenge

Protests over the publication of cartoons of the Prophet Muhammad spread to more areas of the world today and often turned violent (CNN report), after newspapers in a number of countries last week reprinted the cartoons to show their support for press freedom.(New York Times, Feb. 2). In both the U.S. and Britain, government leaders condemned the violence. In Washington, White House Press Secretary Scott McClellan answered reporters questions on the situation:

Q: Scott, Iran has announced it's cutting off trade ties with Denmark over this cartoon of the prophet Mohammed. Does this worry you at all, that this sort of thing is happening?

MR. McCLELLAN: Well, I haven't seen what the regime in Iran has said. I think we've made our views very clear when it comes to the regime. But in terms of the issue relating to the cartoons, we have spoken out about this very issue. We condemn the acts of violence that have taken place. There simply is no justification to engage in violence. We call for constructive and peaceful dialogue based on respect for all religious faiths. Those who disagree with the views have the right to express their views, but they should do so in a peaceful manner. And we urge all governments to take steps to lower tensions and prevent violence, including against diplomatic premises, businesses and individuals.

And let me just make a couple other important comments. We have talked about the need for tolerance and respect for people of all communities and of all faiths. And that's important for everyone to heed. We have also said that we understand fully why Muslims find the cartoons offensive, and we have spoken out about that. In a free society, people have the right to express their views, even when they are offensive and wrong. We support and respect the freedom of press, but there are also important responsibilities that come with that freedom. And that's why we continue to urge tolerant respect for people of all faiths.

We also urge all those who are criticizing or critical of the cartoons to forcefully speak out against all forms of hateful speech, including cartoons and articles that frequently have appeared in the Arab world espousing anti-Semitic and anti-Christian views. So I think those are the points that we would emphasize when it comes to this very issue.

In Britain, Prime Minister Tony Blair today issued the following statement:

We understand the offence caused by the cartoons depicting the prophet and of course regret that this has happened. Such things help no one

It is always sensible for freedom of expression to be exercised with respect for religious belief. But nothing can justify the violence aimed at European embassies or at the country of Denmark.

We and our EU partners stand in full solidarity with them in resisting this violence and believe the Danish government has done everything it reasonably can to handle a very difficult situation. The attacks on the citizens of Denmark and the people of other European countries are completely unacceptable as is the behaviour of some of the demonstrators in London over the last few days.

The police should have our full support in any actions they may wish to take in respect of any breaches of the law, though again we understand the difficult situation they had to manage. We also strongly welcome the statements of Muslim leaders here who are themselves tackling the extremists who abuse their community's good name.

Meanwhile, an Iranian newspaper responded by launching a contest to find the 12 "best" cartoons about the Holocaust, according to today's Jerusalem Post. Farid Mortazavi, graphics editor for Tehran's Hamshahri newspaper, said that this would test how committed Europeans really are to the concept freedom of expression.

Russian Army May Move To Formal Hiring of Orthodox Chaplains

It is not only in the United States that the role of religion in the military has become controversial. Today's Moscow Times reports that the influence of the Russian Orthodox Church in the military has been growing. Although Russian law does not provide for the position of military chaplain, about 150 Orthodox Christian churches operate at military bases across the country. Defense Ministry officials would like to move to formally hiring Orthodox chaplains, hoping it will increase soldiers' morale and combat growing problems of hazing and suicide in the military. But nongovernmental organizations are concerned that chaplains of other faiths and denominations will not be hired, and fear that there will be official pressure on soldiers to attend Orthodox services. Some scholars say that such a close relationship between the Orthodox Church and the military would be unconstitutional, because it will blur the lines between church and state.

There are currently 2,500 officers in the military who are responsible for morale. Sergei Melkov, a consultant on military issues to the Muslim Council of Muftis, which also has a cooperation agreement with the Russian military, suggested that "Giving priests the status of chaplains would look like acknowledging that these officers have been failing at their jobs." Oleg Askalenok, head of a Protestant umbrella group, the Russian Military Christian Union, said the Orthodox Church was preventing other denominations, including Protestants, from preaching in the military by calling them cults.

Arkansas Supreme Court Dismisses Imam's Suit

In El-Farra v. Sayyed (Feb. 2, 2006), the Arkansas Supreme Court dismissed a suit brought by the former imam of the Islamic Center of Little Rock against the Center and its Executive Committee alleging defamation, tortious interference with contract and breach of contract. The court found that adjudicating the claims would require examination of religious doctrines and ecclesiastical matters, which the First Amendment precludes.

Government Asks For Dismissal of Suit Against Air Force Academy

Defending a lawsuit against the U.S. Air Force Academy charging religious proselytization by officers and cadets, the U.S. Department of Justice has filed a motion urging dismissal on standing grounds. The Associated Press reports that last week, the government, in a motion filed in New Mexico federal district court, argued that Mikey Weinstein and his co-plaintiffs have not shown they would be harmed by the alleged proselytizing. It also said that the Academy has safeguards in place against improper religious pressure on cadets. (See prior related posting.)

Hindu Festival Challenged In Indian Supreme Court

In India, the organization ANHAD (Act Now for Harmony and Democracy) has filed a petition in the Indian Supreme Court asking the court to order the Central Bureau of Investigation to look into the distribution of a CD that suggests that Christians should be attacked by Hindus and beheaded. Last Friday, NewKerala.com reported that a 3-member panel of the court has watched the CD that has been widely distributed in Gujarat, Maharashtra and in northeastern states. The organizers of the upcoming three-day Shabri Kumbh Festival made the CD titled "Shri Shabri Kumbh 2006". ANHAD asserts that the central government has the responsibility to ensure secularism in India. The Gujarat government has not initiated any action against those who produced or distributed the CD, and it is allegedly playing an active role in distributing it. The court ordered the central government, the states of Maharashtra and Gujarat and the organizing committee for the Shabri-Kumbh Mela to respond to the complaint that has been filed.

The suit follows calls last month by ANHAD for the Indian government to ban the upcoming Shabri Kumbh, scheduled to begin February 11. (DNA India report.) ANHAD claims the festival will be used to convert tribal members to Hinduism. Many of the tribal people who have followed their own tribal religion, have been converted to Christianity. Right wing Hindus claim the conversions were obtained through improper use of gifts to the individuals. The festival is being organized by the right-wing Hindu Rashtriya Swyamsevak Sangh (RSS), which has ties with the country's main opposition party, the Bharatiya Janata. Extensive additional background on the controversy is in a Jan. 6 article in Rediff India Abroad.

Circumcision As A Protected Religious Practice

Today's New York Times Magazine carries an article by Jeffrey Rosen titled, Is Ritual Circumcision Religious Expression? This follows a widely-published Associated Press story earlier in the week reporting that the New York state Health Department is drawing up its first set of safety guidelines governing "metzitzah b’peh", a circumcision practice still used by some ultra-Orthodox and Hasidic Jewish communities that has been found to risk spreading herpes infections to newborns. (See prior related postings 1, 2, 3, 4 .)

Freedom of Press?-- US, Jordan and South Africa React Differently On Cartoon Controversy

In Friday's news briefing (full text), State Department spokesman Sean McCormack walked a fine line in commenting on Muslim protests around the word over cartoons of Muhammad that originally appeared in a Danish paper, the Jyllands-Posten:

MR. MCCORMACK: For us, freedom of expression is at the core of our democracy and it is something that we have shed blood and treasure around the world to defend and we will continue to do so. That said, there are other aspects to democracy, our democracy -- democracies around the world -- and that is to promote understanding, to promote respect for minority rights, to try to appreciate the differences that may exist among us....

[W]e believe that it is an important principle that peoples around the world encourage dialogue, not violence; dialogue, not misunderstanding and that when you see an image that is offensive to another particular group, to speak out against that. Anti-Muslim images are as unacceptable as anti-Semitic images, as anti-Christian images or any other religious belief. We have to remember and respect the deeply held beliefs of those who have different beliefs from us. But it is important that we also support the rights of individuals to express their freely held views....

QUESTION: When you say "unacceptable," it applies some sort of action against the people who perpetrate those images.

MR. MCCORMACK: No. I think I made it very clear that our defense of freedom of expression and the ability of individuals and media organizations to engage in free expression is forthright and it is strong, you know. This is -- our First Amendment rights, the freedom of expression, are some of the most strongly held and dearly held views that we have here in America. And certainly nothing that I said, I would hope, would imply any diminution of that support....

QUESTION: Do you caution America media against publishing those cartoons?

MR. MCCORMACK: That's for you and your editors to decide, and that's not for the government. We don't own the printing presses.... [W]e, as a Government, have made our views known on the question of these images. We find them offensive. We understand why others may find them offensive. We have urged tolerance and understanding. That -- all of that said, the media organizations are going to have to make their own decisions concerning what is printed... [I]t's not for the U.S. Government to dictate what is printed.

The BBC yesterday reported that in Jordan, two newspapers-- Shihan and al-Mehwar-- became the first in the Arab world to reprint some the cartoons. Their editors were promptly arrested and accused of insulting religion under Jordan's press and publications law. Jihad Momani, editor of Shihan, was also fired by his newspaper, which withdrew copies of the paper from newsstands. Momani had published three of the cartoons along with an editorial questioning whether the reaction in the Muslim world was justified. He later issued an apology.

In South Africa, where only one paper has published one of the cartoons so far, the Johannesburg High Court issued an order Friday night against several newspapers prohibiting them from publishing any cartoon, caricature or drawing of Muhammad. South Africa's Sunday Tribune reports that the pre-emptive order came in a suit filed by the Jamiat-ul Ulama of Transvaal.

On Saturday, protesters in Syria set fire to the Danish and Norwegian embassies (AP). On Sunday, Denmark's embassy in Lebanon was torched (AP).

For prior postings on the controversy, see 1, 2, 3 , 4 .

UPDATE: On Sunday, according to Islam Online, several Muslim leaders called on the international community and the United Nations to enact international prohibitions on insulting religions and religious symbols. Meanwhile, HonestReporting.com accused Arab countries of ignoring insulting anti-Semitic and anti-Israel cartoons regularly published in their own media.

Ohio Governor On Intelligent Design

In Ohio, where Americans United for Separation of Church and State are contemplating a lawsuit to challenge the state's science education guidelines (see prior posting), Gov. Bob Taft has now set out his views. Yesterday's Columbus Dispatch says that the governor supports the teaching of evolution, and of "critical analysis" of the theory as state guidelines specify, but he says that "if there is an issue here where they are actually teaching intelligent design, that's another matter". Taft says that he is convinced the state's 10th-grade biology teaching standards do not include intelligent design, but that the companion lesson plan is more problematic and should be reviewed. Last month, the State Board of Education refused, by a vote of 9-8, to change the model lesson plan to eliminate questions about its constitutionality. The governor also said that he should have asked his previous appointees to the State Board of Education more questions about their position on the issue, and that he will be asking about it before making future appointments. He will have 4 spots to fill at the end of this year. The governor appoints 8 of the 19 board members.

State Board of Education member Martha W. Wise, who favors removing any reference to intelligent design from the state's lesson plan, last month asked state Attorney General Jim Petro for an opinion on the legality of Ohio's guidelines and lesson plan. However Petro refused because the request did not come from the full board. Petro is campaigning in a hotly contested Republican primary for governor, and his ads have overtly used religious themes (see prior posting).

Two Senate Resolutions Passed

Earlier this week, the U.S. Senate passed two resolutions by unanimous consent:

S. Res. 364 is titled "A Resolution Honoring the Valuable Contributions of Catholic Schools In the United States". UPDATE On Feb. 8, the House of Representatives passed a similar resolution. H.Res. 657.

S. Res. 366, among other things, designates Feb. 2-9 as a week of prayer and reflection for the people of Uganda. It expresses concern for the Ugandan victims of Joseph Kony's Lord's Resistance Army, and asks Sudan, Uganda, and the international community to bring justice and humanitarian assistance to Northern Uganda.

First Amendment Challenge To Refusal of School Bussing Not Moot

Pucket v. Rounds, 2006 U.S. Dist. LEXIS 3925 (D SD, Jan. 17, 2006 ) involves an interesting question of mootness in the context of a First Amendment challenge to provisions of the South Dakota Constitution brought in federal district court in South Dakota. Following receipt of an attorney general's opinion, a South Dakota school district stopped furnishing bussing to parochial school students. Parents filed suit challenging the provisions of the South Dakota constitution on which the attorney general relied (Art. VI, sec. 3, and Art. VIII, sec. 16). Subsequently, the legislature enacted a statute permitting bussing and the school district reinstated parochial school bussing. Plaintiffs claim, however, that it was really the filing of their lawsuit that caused the school district to reinstate bussing. The court held that "assuming, as the court must on summary judgment, that plaintiffs' lawsuit motivated School District, then plaintiffs' claims for injunctive relief are not moot because the voluntary cessation exception applies. According to this exception, 'the voluntary cessation of allegedly illegal conduct does not deprive the tribunal of power to hear and determine the case, i.e., does not make the case moot.'"

Second Circuit Upholds NYC Schools' Holiday Display Policy

Yesterday, in Skoros v. Tine, (2nd Cir., Feb. 2, 2006), the U.S. Second Circuit Court of Appeals, in a 2-1 decision, upheld the New York City schools’ holiday display policy against constitutional attack. The Department of Education’s policy allows the menorah to be displayed as a symbol of the Jewish holiday of Chanukkah and the star and crescent to be displayed as a symbol of the Islamic holiday of Ramadan, but it permits only secular symbols, and not a creche or nativity scene, to be displayed as a symbol of Christmas. In a lengthy opinion, the majority found that the policy passes the Lemon test. It also rejected a claim that the policy violates plaintiff’s free exercise rights or her parental rights to control the religious education and upbringing of her children. Judge Straub, dissenting, argued that the Establishment Clause was violated because the holiday display policy sends a message of endorsement of Judaism and Islam to students viewing the school displays. [Thanks to Ted Olsen, Christianity Today, for the information]

Pennsylvania Supreme Court Loosens Church Land Tax Exemptions

Earlier this week, the Pittsburgh Post-Gazette reported on a December 30 decision by the Pennsylvania Supreme Court permitting a property tax exemption for church parking lots when they are reasonably necessary to the existence of the church itself. The full text of the majority and dissenting opinions in Wesley United Methodist Church v. Dauphin County Board of Assessment Appeals is available online. [Thanks to Steven H. Sholk for the lead].

National Prayer Breakfast More Inclusive This Year

Yesterday, President George W. Bush spoke at the 54th National Prayer Breakfast at the Hilton Washington Hotel. (Full text of remarks.) The keynoter, however, was U2 lead singer Bono, who founded the humanitarian organization DATA which focuses on battling the AIDS pandemic in Africa. Christianity Today reports on the major speakers at the event.

As reported in AP stories (here and here), this year's event was more ecumenical than the Prayer Breakfasts of past years. The breakfast, which usually draws over 3500 attendees, is privately funded and is sponsored by the Fellowship Foundation, an evangelical Christian group. Presidents from Dwight D. Eisenhower to George W. Bush have attended, as have members of Congress and world leaders. In past years, the event has had a decidedly Christian tone. This year, however, the Breakfast was co-chaired for the first time by a Jew, Sen. Norm Coleman who, along with Sen. Joseph Lieberman, offered Hebrew prayers. The Breakfast also featured as a speaker a prominent Muslim, King Abdullah II of Jordan. Nathan J. Diament, director of public policy for the Union of Orthodox Jewish Congregations of America praised the new inclusiveness of the Breakfast.

More Explanations and Views On the Muhammad Cartoon Battle

Lorenzo Vidino at The Counterterrorism Blog makes a rather startling allegation as to why the reaction to the Jyllands Posten cartoons of the Prophet Muhammad has been so extreme:

Last November, Abu Laban, a 60-year-old Palestinian ... put together a delegation that traveled to the Middle East to discuss the issue of the cartoons with senior officials and prominent Islamic scholars. "We want to internationalize this issue so that the Danish government will realize that the cartoons were insulting, not only to Muslims in Denmark, but also to Muslims worldwide," said Abu Laban.... However, the Danish Muslim delegation showed much more than the 12 cartoons published by Jyllands Posten. In the booklet it presented during its tour of the Middle East, the delegation included other cartoons of Mohammed that were highly offensive, including one where the Prophet has a pig face. But these additional pictures were NOT published by the newspaper, but were completely fabricated by the delegation and inserted in the booklet (which has been obtained and made available to me by Danish newspaper Ekstra Bladet). The delegation has claimed that the differentiation was made to their interlocutors, even though the claim has not been independently verified.

Meanwhile in a sidebar to its story today on the controversy, the Associated Press sets out a more conventional explanation, focusing on the prohibition in Islamic law of any kind of depictions of Muhammad.

The Toronto Star carries an interesting story on comments by Ruth Mas, a lecturer in Islamic studies at Wilfrid Laurier University in Waterloo, who argues that the cartoons reflect not blasphemy, but racism. The article also quotes Michael Muhammad Pfaff, of the German Muslim League, who argues that the cartoons are reminiscent of the caricatures of Jews in the Nazi propaganda sheet Der Sturmer.

Finally, SFGate runs excerpts from editorials around the world on the controversy. (See prior related postings on the cartoon controversy 1, 2, 3 .)

Jewish Democrats Criticize Boehner's Record

As Ohio Republican John Boehner yesterday was elected majority leader in the U.S. House of Representatives (Reuters coverage), the National Jewish Democratic Council issued a statement saying "Rep. Boehner has for years advocated positions that run counter to the issue agenda of the vast majority of American Jews." The Statement cites ten positions that Boehner has taken, including ones in favor of school prayer, faith-based initiatives, display of the Ten Commandments on public property and teaching of intelligent design. He also voted against confronting proselytizing at the Air Force Academy and various environmental initiatives.

House of Lords To Hear Muslim Student's Appeal

In Britain, the Guardian reports that the House of Lords is scheduled to hear a case Monday on on whether a high school's uniform policy takes precedence over a Muslim girl's right to wear head-to-toe traditional dress. The student, Shabina Begum, says that Denbigh high school in Luton, Bedfordshire, has denied her the "right to education and to manifest her religious beliefs", protected by the Human Rights Act. In March the court of appeal agreed with her. The school, which permits pupils to wear the hijab, a headscarf, and trousers and tunic, said it was proud of its inclusive school uniform policy.

UPDATE: A Press Association report discusses the arguments that were made before the Law Lords.

British Hindus and Sikhs May Sue To Build Funeral Pyre

In Newcastle, England, the Anglo-Asian Friendship Society is considering bringing a test case on behalf of Hindus and Sikhs who would like to build a funeral pyre so that bodies could be cremated in accordance with religious law. Open-air cremations have been banned since 1930, but now, according to yesterday's Hindustan Times, the group is considering a challenge in the High Court in London relying on Article 9 of the European Convention of Human Rights, which is incorporated into British Law by the Human Rights Act of 1998. The law protects "freedom of thought, conscience and religion".

Muhammad Cartoon Controversy Continues-- Latest Developments

The AP today reports that newspapers in France, Germany, Spain and Italy are reprinting some of the controversial cartoon drawings of the Prophet Muhammad that first appeared in a Danish paper in September. The Danish publication (and later Norwegian paper's republication) has sparked worldwide protests from Muslims that have particularly heightened in recent days. (See prior postings 1, 2 .) In France, the managing editor of France Soir, Jacques Lefranc, was fired by the paper's owner after he republished the cartoons.

Also according to the AP story, today Palestinian gunmen jumped on the outer wall of a European Union office in Gaza City and demanded an apology for the drawings. Today's Jerusalem Post reports that a leaflet signed by a Fatah militia and the Islamic Jihad had said the EU office and churches in Gaza could come under attack and urged all French citizens to leave Gaza. On Wednesday night, the Fatah-affiliated Aksa Martyrs' Brigades and the Popular Front for the Liberation of Palestine threatened to blow up the Danish and Norwegian consulates in the Palestinian Authority, Israeli Army Radio reported. And, according to Haaretz, these threats have led Norway to close its Palestinian Authority representative office in the West Bank.

Ten Commandments Battles Continue in Legislatures and Courts

State bills authorizing the display of the Ten Commandments on public property have moved forward recently in two states.

In Georgia yesterday, the House of Representatives by a vote of 140-26 approved HB 914. The bill would permit "a uniform, pedagogically sound, distinctive, and appropriate presentation of the story of the role of religion in the constitutional history of America and Georgia" to be "publicly displayed in governmental buildings throughout the State of Georgia". The bill sets out the text of the Declaration of Independence, the Mayflower Compact and the King James version of the Ten Commandments which, together with a prescribed statement captioned "context for acknowledging America's Religious Heritage", comprise the document that the Secretary of State is to prepare and distribute to governmental entities. The Associated Press, reporting on the House vote, quoted one Republican Rep. Fran Millar, who said: "If we lump the Bible with the Mayflower Compact and the Declaration of Independence, are we demeaning the Bible?"

Meanwhile, according to the Louisville Courier-Journal, in the Kentucky House of Representatives on Tuesday, the Committee on State Government approved House Bill 277. It permits state and local governmental agencies and public schools to display "historical artifacts, monuments, symbols and texts, including but not limited to religious materials", if the displays have historical and cultural, rather than religious, purposes. At the last minute, however, the Committee tacked on an amendment that calls for the posting of "In God We Trust" above the dais of the speaker of the Kentucky House of Representatives. Backers fear this provision will threaten the constitutionality of the entire bill.

There have also been developments in the courts. Today's Deseret Morning News reports that Utah federal district Judge Dee Benson had denied preliminary relief to plaintiffs in a case in which a Salt Lake City religious group is seeking permission to place a monument declaring Summum's Seven Aphorisms next to a 10 Commandments monument in a Pleasant Grove, Utah park. A Sunstone taken from the LDS temple at Nauvoo, Ill., and donated by a Pleasant Grove resident is also in the park. The city says that it has a long-standing, though unwritten, policy of only allowing monuments that relate to the city's history or donated by those with long-standing ties to the Pleasant Grove community. (See prior related posting.)

Falun Gong Found Protected Under Ontario Human Rights Code

For the first time, the Ontario (Canada) Human Rights Commission has found that Falun Gong is a "creed" under the Ontario Human Rights Code. This means that Falun Gong practitioners are protected against discrimination of various kinds. The Epoch Times today reports that the Human Rights Tribunal of Ontario ordered the Ottawa Senior Chinese Cultural Association and two of its former executives to pay Ms. Huang Daiming $18,000 in damages after the club revoked her membership over her practice of Falun Gong—apparently under pressure from the local Chinese Embassy. The tribunal also ordered the seniors club to end its ban on Falun Gong members, to prominently post the Human Rights code on the Association premises, and to include anti-discrimination provisions in its policies and constitution. The full text of the Jan. 18 decision is available online.

Further Proceedings In 2 Jail Free-Exercise Cases

Opinions involving further proceedings in two different free-exercise cases involving claims against county jails have recently been released.

Earlier this week, the Associated Press reported that in the Western District of Arkansas, federal district Judge Jimm Larry Hendren accepted most of a magistrate's findings, agreeing that denying a Native American prisoner access to a prayer feather was not reasonably related to the goal of security in a county jail. (See prior posting.) However the judge rejected the magistrate's imposition of nominal damages, finding that the defendants had qualified immunity.

In Andreola v. State of Wisconsin, 2006 U.S. Dist. LEXIS 3359 (ED Wis., Jan. 18, 2006), after previously granting summary judgment to defendants on an inmate's other claims, a Wisconsin federal district court now also granted defendants summary judgment on a claim under RLUIPA by an Orthodox Jewish pre-trial detainee who was not given access to kosher food meeting his religious requirements while held in the Rock County Jail. Instead he was served selected items from the jail's regular menu. Strictly kosher food was not easily available in the county where the jail was located. The court found a compelling security interest in not permitting the inmate to prepare his own food, and a compelling interest in preserving county funds and not subsidizing religion in the jail's refusal to serve plaintiff prepackaged kosher meals.

Italian Judge Suspended After Banning Crosses From His Courtroom

ANSA reported yesterday that in Rome, the Italian judiciary's self-governing body, the Supreme Council of Magistrates, removed judge Luigi Tosti from his post and cut off his pay because of his "unjustifiable behavior" in refusing to hold court until the cross posted in his Camerino court room is removed. Last year Tosti was convicted of refusing to perform his duties and sentenced to a 7-month suspended sentence. (See previous posting.) Tosti insists that defendants have the constitutional right not to be tried under a religious symbol, and questions the continuing validity of the Fascist-era Rocco Code which is the source of the requirement for the cross to be placed in his courtroom. Italy's Justice Ministry says that the Rocco Code has never been abolished and so remains in force .

Britain's Religious Hatred Bill Passes In Modified Form

In Britain yesterday, Prime Minister Tony Blair suffered a major defeat as the House of Commons accepted changes proposed by the House of Lords to Britain's pending Racial and Religious Hatred Bill. (See prior posting.) Today's Daily Mail and London Times report on the developments. The amendments limit the bill's prohibitions to threatening words and behavior. Criticism, insult, abuse and ridicule of religion, belief or religious practice were explicitly excluded from coverage. Amendments also provide that the law will be violated only by intentional conduct. The first vote in Commons on the bill backed the House of Lords amendments by 288 to 278. Then a major political miscalculation occurred. Hilary Armstrong, the Chief Whip, advised Prime Minister Blair that there was no point in staying for the second decisive vote on the bill, given the wide margin of defeat in the first vote. However when the second vote was taken, the House of Lords amendments won by only one vote (283 to 282), with Mr. Blair absent and not voting. The bill will go for royal assent in its now-amended version.

Tacoma Municipal Court To Change No-Hat Policy

In Tacoma, Washington, municipal court judges are revising a long-standing policy against wearing hats in the courtroom to clearly permit head coverings worn for religious or medical purposes. The Tacoma News Tribune today reports that the move follows complaints from the Council on American-Islamic Relations after Mujaahidah Sayfullah, a local real estate agent, was asked to leave Judge David Ladenburg's courtroom because she would not remove her hijab. Sayfullah said she has been a juror in Pierce County Superior Court twice in the last year or so, and no one ever mentioned her Muslim head scarf. Judge Ladenburg has apologized, saying he thought that Muslim religious law permitted individuals to remove their headwear.

Navajos' Free Exercise Claim Rejected

In Benally v. Kaye, 2005 U.S. Dist. LEXIS 39751 (D. AZ, Sept. 8, 2005), decided last September by an Arizona federal district court and recently made available, the court rejected free exercise of religion and RFRA claims by a group of Navajo Indians who were prevented from holding a 3-day Sundance Festival on land belonging to the Hopi Indian Tribe. Plaintiffs claimed that tribal law enforcement officers, the Navajo County Sheriffs Office, and the Bureau of Indian Affairs all violated their free exercise of religion rights by restricting their access to the site of the religious celebration. The court, however, held that there was no right to practice one's religion on property belonging to someone else.

Indian Muslims Reject Uniform Civil Code

In India yesterday, the All Muslim Personal Law Board has called for repeal of Article 44 of the Indian Constitution that calls for the promulgation of a uniform civil code in the country to govern marriage, divorce and inheritance. Developments are reported by Calcutta's Telegraph and by WebIndia123. Currently personal laws give Muslims the right to follow Islamic rules on marriage and divorce. A separate statute protects Hindu marriage practices. The Indian Supreme Court has several times urged Parliament to frame a uniform code for all Indians. Now the AIMPLB formally has said implementation of a Uniform Civil Code would not be acceptable in a country with diverse religions and castes. (See prior related posting.)

Legislators Ask NV Pharmacy Board To End Consideration Of Rules

The Las Vegas Sun yesterday reported that the Nevada Board of Pharmacy has dropped an effort to create regulations to allow "conscience refusals" to fill prescriptions, while setting guidelines for them. The proposal would have required a pharmacist to disclose moral or religious beliefs at the time of employment and to have a backup plan for prescriptions to be filled by someone else or at another pharmacy. State legislators, however, asked the board turn the matter over to the legislature, saying the issue was too political for an appointed board. However, the legislature is unlikely to act this year on the matter.

Summary Judgment Denied In Two Prisoner Claims

Two more prisoner free exercise cases have just been handed down.

In Meyer v. Teslik, 2006 U.S. Dist. LEXIS 3003 (WD Wis., Jan. 26. 2006), a Wisconsin federal district court refused to grant summary judgment to defendant, a prison chaplain, in a case alleging denial of a Native American prisoner's right to attend group religious services. The court found that a dispute remained as to whether or not the omission of the inmate's name from the list of those authorized to attend services was intentional.

In Collins v. Alameida, 2006 U.S. Dist. LEXIS 3258 (ED Cal., Jan. 30, 2006), a California federal district judge refused to grant summary judgment to Avenal State Prison officials in a case challenging prison grooming regulations under RLUIPA. Inmate Collins claimed that his Nazarite religious beliefs prevented him from cutting his hair. The court found that defendants had failed to prove that that the California Department of Corrections grooming standards are the least restrictive means of furthering their interest of maintaining institutional safety and security.

Update on Muslim Challenge To Danish Jyllands-Posten Cartoons

Events are moving rapidly in the case of the Danish newspaper Jyllands-Posten that last September published cartoons of the Prophet Mohammed that Muslims in many parts of the world have found offensive. Yesterday's posting gave the background and chronicled some of the protests. Here are developments since then:

• Jyllands-Posten sent an apology to "all Muslims" in a statement sent to the Jordanian News Agency. According to the AP, on Sunday the newspaper also printed a statement in Arabic addressed to Saudis, who had initiated the boycott against Danish products. It said the drawings were published as part of a Danish dialogue about freedom of expression but were misinterpreted "as if it were a campaign against Muslims in Denmark and in the Islamic world."
• The Scotsman reports that in a live television interview, Danish Prime Minister Anders Fogh Rasmussen said Denmark's government "cannot make apologies on behalf of a Danish newspaper. That is not how our democracy works. Independent media cannot be edited by the government." But he did appeal to Muslim groups in Denmark to defuse the situation once the paper itself issued its apology, according to Bloomberg.com.
• The Irish Examiner reported that in Gaza, gunmen seized an EU office as part of the protest. Also a boycott of Danish goods is beginning to have an effect. Danish firm Arla Foods, which employs 800 in Saudi Arabia, says it is losing over 1 million Euros a day. It has threatened to suspend production at its dairy plant in Riyadh and lay off its workforce, after 2 of its employees were attacked and beaten on Sunday.
• A roadside bomb targeted a joint Danish-Iraqi military patrol near the southern city of Basra on Monday. According to Al-Jazeerah, coalition forces are investigating if there was any link between the attack and publication of theMuhammadd drawings.
• Internet hackers have launched attacks on the web site of Jyllands-Posten and other Danish papers, according to Viking Observer. In response, Danish hackers have stuck back.
• Denmark has warned its citizens against non-crucial travel to Saudi Arabia, and has urged Danes to be cautious in countries such as Egypt, Iran, Lebanon, Algeria, Pakistan and the Palestinian territories, according to Newswire.co.nz.

Additional blog coverage is on PBS Watch and Brussels Journal.

Falun Gong Protest Exclusion From San Francisco Parade

The traditional San Francisco parade celebrating the Chinese New Year is scheduled for February 11. But this year, according to yesterday's San Francisco Chronicle, controversy surrounds the parade. The spiritual movement, Falun Gong, applied to take part in the parade, but the Chinese Chamber of Commerce which runs the parade rejected its application. The Chamber claims that in 2004 the group violated parade rules by handing out political material. Some $77,000 of the parade's $800,000 budget comes from the city of San Francisco, and Falun Gong supporters are pressing the city to withdraw its funding and other support for the event if they are not permitted to participate. Since 1999, Falun Gong has been banned by the Chinese government in Beijing. A Falun Gong spokesman, Huy Lu, said "The Chinese chamber is using taxpayer money to help the Chinese government. It's helping the persecution of Falun Gong followers."

World AIDS Funding By US Goes Increasingly To Religious Groups

Yesterday's Washington Post reports that the Bush administration is directing more of its $15 billion program to fight AIDS in sub-Saharan Africa to groups with religious ties. Most of the funds go for treatment programs. The administration is encouraging new community and religious groups to get involved. Conservative Christian groups are encouraging the U.S. Agency for International Development to give fewer dollars to groups that distribute condoms or work with prostitutes. However, secular organizations in Africa are concerned that giving money to groups without AIDS experience may dilute the impact of the program. According to the State Department, last year religious organizations accounted for more than 23 percent of all groups that got HIV/AIDS grants. Longtime AIDS volunteers criticize the increasing emphasis on abstinence in the Bush administration programs. It has added to the stigma of condom use in parts of Africa, and has put pressure on girls to marry early and not finish their education.

Texas State Board of Educations Asks AG To Permit Them To Review Textbooks

According to the Dallas Morning News yesterday, two members of the Texas State Board of Education have asked Texas Republican Attorney General Greg Abbott to reconsider a 1996 Attorney General's Opinion (Opinion No. DM-424). That opinion said that said the Board had no authority to screen school textbooks other than for factual errors. The Board members would like to be able to prescribe general textbook content standards. (Full text of 1/6/06 request for new AG opinion.) A bill passed by the legislature in 1995 took away the Board's authority to review textbooks, and several attempts since then to change the law have been rejected by the state legislature. Social conservatives would like to restore the board's authority to review the way in which books present issues like evolution, birth control and sexual abstinence, and interpretations of history. Texas requirements often impact the version of textbooks that are marketed throughout the country.

Cartoons In Danish Paper Spur Yemen's Parliament and Other Arab States To Act

Yemen's Parliament has stepped into a dispute over the propriety of cartoons depicting the Prophet Mohammed published last September in the Danish newspaper Jyllands-Posten and reprinted this month in the Norwegian publication, Magazinet. (See prior posting.) The Yemen Observer reported yesterday that Parliament's Committee of Foreign Affairs and Expatriates has criticized the publication of the 12 cartoons which were said to mock the Prophet. The Committee called on the Arab League and the Organization of the Islamic Conference to ask the Danish and Norwegian governments to apologize. Online petitions and websites have been launched to protest the cartoons and call for a boycott of Danish products. The Observer article reprints the full text of a letter which readers are urged to send to Danish ambassadors around the world.

This morning, Bloomberg reported that in the West Bank, the Danish flag was burnt in protest over the cartoons. In Gaza, protesters demanded that Danes and Norwegians be sent home until an apology is forthcoming. Muslims in Saudi Arabia, Kuwait, the United Arab Emirates, Egypt, Bahrain, Syria and Yemen are now boycotting Danish goods. And both Saudi Arabia and Libya have closed their embassies in Copenhagen.

Arab concern began to grow when Danish Prime Minister Anders Fogh Rasmussen refused last October to meet ambassadors of 11 Muslim countries to discuss censuring the Jyllands-Posten paper. In December, a Danish umbrella group of 21 Muslim organizations sent a delegation to the Middle East to rally support against Denmark. The group met Muslim leaders including the Egyptian Foreign Minister Ahmed Aboul Gheit and the General Secretary of the Arab League, Amre Moussa. According to Newspaperindex.com, a complaint from the Organization of Islamic Conferences led Louise Arbour - United Nations High Commissioner for Human Rights - to appoint two UN experts on racism to carry out a detailed investigation into what Arbour characterizes as a "disrespect for belief."

Newspaperindex.com has also made the controversial cartoons available online.

Three Prisoner Free Exercise Decisions Become Available

Opinions in three prisoner free-exercise of religion cases decided over the last few months have just been released.

In Orafan v. Goord, 2006 U.S. Dist. LEXIS 2931 (ND NY, January 17, 2006), five Shiite Muslim prisoners from three different New York facilities sued claiming that furnishing them only a unified Muslim religious service rather than a separate Shiite Jumah service violated their state and federal free exercise rights, violated RLUIPA and amounted to an establishment of religion. The court rejected all plaintiffs' claims except for a limited free exercise claim based on discriminatory treatment and comments by prison chaplains acting in their administrative capacities.

In Boles v. Neet, 2005 U.S. Dist. LEXIS 39662 (D. Colo., Nov. 30, 2005), a Colorado federal district court reviewed the recommendation of a magistrate judge (2005 U.S. Dist. LEXIS 39655) in a case in which an Orthodox Jewish prisoner complained that the was not permitted to wear his yarmulke and tallit katan while he was being transported outside a state prison facility for medical treatment or eye surgery. Subsequently, however, the Colorado Department of Corrections reversed its policy. The court, nevertheless, permitted plaintiff to proceed with his First Amendment free exercise claim for damages stemming from physical injury, mental anguish and emotional distress from the infringement of his religious practice. However, the court held that damages, as opposed to injunctive or declaratory relief, were not available under RLUIPA.

In Newsome v. Ozmint, 2005 U.S. Dist. LEXIS 39659 (D. SC, Nov. 29, 2005), a federal magistrate judge in South Carolina recommended dismissal of general claims by two Muslim prisoners that their free exercise and equal protection rights were being infringed because they were not permitted to congregate for prayer five times a day in the prison chapel area. Prison officials indicated that the limitations on access to the chapel stemmed from past security problems, and that arrangements for prayer twice a day in day rooms, as well as Friday congregational prayer in the chapel, have been made.

Iraq Internal Fights Turn More Sectarian

In Iraq, the line between political divisions and religious ones is difficult to discern. However, this past week end according to an Associated Press report, internal conflicts seemed to take on a more explicitly sectarian tone. Adnan al-Dulaimi, leader of the main Sunni Muslim bloc in the next parliament, said he opposed giving Shiite Muslims the key top posts in the Interior and Defense ministries. "Mosques and houses are empty because clerics and ordinary men are being chased as if there was a sectarian cleansing in Baghdad," al-Dulaimi said. However, the head of the Shiite militia, the Badr Brigade, said that Shiite religious parties would "never surrender" the key interior and defense ministries. Also over the week end, car bombs exploded in synchronized attacks outside at least four churches (Catholic, Orthodox and Anglican) in Baghdad and Kirkuk.

Politicians "Play the 'God' Card"

As part of its series Focus on Faith, today's USA Today carries an opinion piece by Tom Krattenmaker titled Playing the 'God' Card. He argues that "religious-talking Republicans have brought ... hypocrisy charges on themselves in their rush to position their party as God's chosen." He continues, "It hasn't taken long for events to demonstrate how silly God's-on-our-side political rhetoric can end up looking when things go south." But, he says, "Democrats also have gone to the religion well in their quest for political gain and have sometimes looked just as ridiculous."

Sectarian Prayers Still Used In Some California Public Meetings

In 2002, in Rubin v. City of Burbank, a California appellate court struck down as unconstitutional sectarian prayer at city council meetings. However a recent investigation by the North County Times has discovered that several governmental bodies are still opening their sessions with prayers that specifically refer to Jesus. Meetings of the Temecula and Murrieta city councils and the Menifee Union and Perris Union High School governing boards are often begun with sectarian invocations. Paloma Valley High School teacher Gail Simpson said, "I have a hard time as a teacher explaining to my government students why it's not a violation of (the separation of) church and state. All I say to them (students) is, 'Yes, you're right, it does seem to violate the separation of church and state, but they're the school board and they can do what they want to do'."

Revisionist View Of Bin Laden As Religious Reformer Suggested

In a thoughtful, if controversial, article in yesterday's Los Angeles Times, author Reza Aslan suggests that Osama Bin Laden should be understood as a radical reformer of Islam, with parallels to the Protestant Reformation of the 16th century. Here are some excerpts:

In 100 years ... we may look back on Bin Laden not only as a murderous criminal but as one of the principal figures of ... the Islamic reformation. Indeed, historians may one day place Bin Laden alongside 16th century Christian revolutionaries ... as a "reformation radical" who pushed the principle of religious individualism to terrifying limits. ...

[A]s Muslims have increasingly been forced to regard themselves ... as citizens of individual nation-states, a sense of individualism has begun to infuse this essentially communal faith. ...[T]he authority of traditional clerical institutions over their Muslim communities has been eroding. ... Muslims now have access through the Internet (an invention whose role in the Islamic reformation parallels that of the printing press in the Christian Reformation) to the religious opinions of myriad Islamic activists, academics, self-styled preachers, militants and cult leaders throughout the world who are, for better or worse, reshaping the faith....

Like Luther, Bin Laden is concerned above all else with "purifying" his own religious community.... Bin Laden's primary target is neither Christians nor Jews (both of whom he refers to as "the far enemy"), but rather those Muslims who do not share his puritanical view of Islam and who, as a consequence, make up the overwhelming majority of Al Qaeda's victims.

Bin Laden has also deliberately placed himself in direct opposition to the institutional authorities of his religion by repeatedly issuing fatwas and making judgments on Islamic law — things that, according to Islamic tradition, only a cleric affiliated with one of Islam's recognized schools of law has the authority to do.

Even more striking is his fundamental reinterpretation of jihad: What was once considered a collective duty to be carried out solely at the behest of a qualified cleric has become a radically individualistic obligation totally divorced from institutional authority....

RLUIPA Upheld Against Spending Clause Challenge

In Madison v. Ritter, (WD Va., Jan. 25, 2006) a Virginia federal district court rejected a challenge to the constitutionality of the prisoner -protection provisions of the Religious Land Use and Institutionalized Persons Act. The court held that RLUIPA is valid Spending Clause legislation that is not barred by the Tenth, Eleventh or Fourteenth Amendments, the separation of powers doctrine, or the Establishment Clause. However, the court also certified its constitutional holdings for interlocutory review by the Fourth Circuit Court of Appeals.

Legislative Prayer Offered By Imam

The Roanoke Times reports on the Virginia legislature-- Friday's opening prayer in the House of Delegates was offered by a Roanoke Muslim imam, Ibrahim Hamidullah. "We are mainstream Muslims," said Hamidullah, who converted to Islam at the age of 21. "We're community-minded, we're not separatists."

Hamas Will Introduce Changes Based On Islamic Law In PA

Today the Toronto Globe and Mail reports that in the Palestinian Authority, Hamas has set out its domestic agenda for the first time since its surprise victory in Parliamentary elections this week. That agenda includes changes impelled by religious law. Sheik Mohammed Abu Teir, number 2 on the Hamas list of candidates, said that the new government will quickly make Islamic sharia "a source" of law in the West Bank and Gaza Strip and will overhaul the Palestinian education system to separate boys and girls and introduce a more Islamic curriculum. He quickly added, however, that alcohol will not be banned and women will not be required to cover their heads when outdoors. He said, "We are centrists, we are against any kind of extremism. The motto that we operate on is that in religion, you cannot force people." He said that Palestinian Christians have nothing to fear from the changes.

UPDATE: Sunday's Washington Post carries a related article by Scott Wilson, Some Palestinians See End of Secular Dream.

California Teachers Have Religious Objections To Classroom Posters

In California, five high school teachers last week objected on religious grounds to displaying posters in their classroom that were designed to prevent bullying of gay, lesbian, bisexual and transgendered students, though several of the teachers have now relented in the face of a school board order from last December. The banner, designed by the Gay-Straight Alliance at San Leandro High School south of Oakland, shows a rainbow flag and reads "This is a safe place to be who you are."

The banners, along with faculty training about racism and homophobia, were required in the 2002 settlement of a lawsuit filed by a San Leandro High teacher who was disciplined after teaching those topics in his honors English class in the mid-1990s. Various aspects of the story were reported Wednesday and Thursday by the San Francisco Chronicle, WorldNet Daily, and 365Gay (1 , 2). School principal Amy Furtado said that her expectation is compliance by next week's deadline for hanging the posters. Superintendent Christine Lim who is responsible for the policy said, "This is not about religion, sex or a belief system. This is about educators making sure our schools are safe for our children, regardless of their sexual orientation." [Thanks to Rick Duncan via Religionlaw listserv for the information.]

Initial Hearing In Italy On Charges of False Assertions About Jesus

In Viterbo, Italy, according to the AP, a hearing was held on Friday to determine whether a parish priest should stand trial on alleged violations of two Italian laws-- "abuse of popular belief" and "impersonation". (See prior posting.) The widely noted case involves an atheist, Luigi Cascioli, who filed a criminal complaint accusing parish priest Enrico Righi, accusing him of deceiving people with the fable that Christ existed. Lawyers for Righi and Cascioli made their arguments in a brief closed hearing before Judge Gaetano Mautone. Righi's attorney, Severo Bruno, told reporters that his client is innocent because "he said and wrote what he has the duty to say and write." He told the judge that Righi was not asserting a historical fact when he wrote of Jesus' existence, but rather "an expression of theological principles." "When Don Righi spoke about Christ's humanity ... he was affirming that he needs to be considered as a man. What his name is, where he comes from or who his parents are is secondary," he said.

New Law and Religion Scholarship

The Journal of Law and Religion (Hamline Law School), Vol XX, No.2, has recently appeared. The table of contents is available online.

From Bepress:
Rishi S. Bagga, Living by the Sword: The Free Exercise of Religion and the Sikh Struggle for the Right to Carry a Kirpan, (Jan. 2006).

Today Is International Holocaust Remembrance Day

Today is the first annual International Holocaust Remembrance Day honoring victims of the Holocaust. Last November, the United Nations General Assembly adopted Resolution 60/7, designating January 27 as the date for this remembrance. The resolution was introduced by Israel and co-sponsored by 90 other nations. However, the resolution nowhere mentions Jews as the unique victims of the Holocaust. The resolution's text rejects Holocaust denial and urges member states to develop Holocaust education programs. According to a U.N. press release, January 27 was chosen because it is the anniversary of the liberation of the Auschwitz death camp. The US Holocaust Memorial Museum website covers relevant activities from around the world.

January 27 competes with three other commemoration dates. The most widely recognized date until now has been Yom Hashoah-- the 27th of Nisan on the Hebrew calendar. This date was set by the Israeli Knesset in 1951. Here is an account by Jennifer Rosenberg on how that date was chosen:

The Zionists in Israel, many of whom had fought in the ghettos or as partisans, wanted to commemorate the beginning of the Warsaw Ghetto uprising - April 19, 1943. But this date on the Hebrew calendar is the 15th of Nissan - the beginning of Passover, a very important and happy holiday. Orthodox Jews objected to this date.
For two years, the date was debated. Finally, in 1950, compromises and bargaining began. The 27th of Nissan was chosen, which falls beyond Passover but within the time span of the Warsaw Ghetto uprising. Orthodox Jews still did not like this date because it was a day of mourning within the traditionally happy month of Nissan. As a final effort to compromise, it was decided that if the 27th of Nissan would affect Shabbat (fall on Friday or Saturday), then it would be moved to the following Sunday.

On April 12, 1951, the Knesset (Israel's parliament) proclaimed Yom Hashoah U'Mered HaGetaot (Holocaust and Ghetto Revolt Remembrance Day) to be the 27th of Nissan. The name later became known as Yom Hashoah Ve Hagevurah (Devastation and Heroism Day) and even later simplified to Yom Hashoah.

Some Jews choose one of two other dates, as described by Rabbi David Golinkin:

The Orthodox Rabbinate of Israel attempted to promote the Tenth of Tevet -- a traditional fast day commemorating the beginning of the siege of Jerusalem in ancient times -- as the "General Kaddish Day" in which Jews should recite the memorial prayer and light candles in memory of those who perished in the Holocaust. Several ultra-Orthodox rabbis have recommended adding piyyutim (religious poems) that were written by contemporary rabbis to the liturgy of the Ninth of Av, and many communities follow this custom. Ismar Schorsch, the chancellor of the Conservative movement's Jewish Theological Seminary, has also suggested moving Holocaust commemorations to Tisha b'Av, because that is the day in which Judaism ritualizes its most horrible destructions.

Charities Protest Provision In Pending Tax Relief Bill

On January 20, a group of over 60 charitable organizations, including many religious groups, signed a letter addressed to the House Ways & Means and Senate Finance Committees opposing a provision in S. 2020, the Tax Relief Act of 2005. The bill, as passed by the Senate, will now go to Conference with the House. While the bill creates a number of incentives to charitable giving, including a charitable deduction for non-itemizers, it has one provision that could discourage giving. The new law would permit charitable deductions (even by itemizers) only for contributions exceeding $210 per year ($420 for joint filers). The organizations protested that "The withholding of a deduction implies that a smaller gift is not substantial, not a sacrifice worthy of recognition. But for many donors and charities, smaller gifts are extremely significant." The full text of the letter is available online, and a report on it appears in the January 25 BNA Daily Tax Reporter (subscription required). [Thanks to Steven H. Sholk for the information.]

Mass. Gov. Romney Discusses His Religion and 2008 Presidential Chances

Yesterday, Massachusetts Governor Mitt Romney, a possible Republican candidate for President in 2008, discussed with reporters the impact of his Mormon faith on his political chances. The Knight Ridder Newspapers quote Romney as saying that his Mormon faith would not matter to most voters, though polls show that between 11% and 17% would not vote for a Mormon. Romney said that he is likely to have support from most evangelical Christians, since they are primarily looking for a person of faith to vote for. Romney also discussed his views on a number of issues, including abortion.

Saudi Officials Seek Clerical Permission For Changes In Hajj To Promote Safety

Saudi Arabian authorities are seeking ways to prevent further deaths and injuries like those caused by a stampede during the recent hajj pilgrimage, according to Wednesday's Washington Examiner. Interior Minister Prince Nayef bin Abdul-Aziz asked Muslim clerics to find religious dispensations that would give pilgrims more time to perform the hajj stoning ritual, currently lasting three days from noon until sunset. A solution that would prevent situations like that which caused 363 deaths this year would be to permit the ritual to be performed throughout the day, instead of just during the 5 1/2 hours between noon and sunset. Some members of the Saudi council of top clerics have approved extending the hours of the stoning ritual, but its head, grand mufti Abdul-Aziz al-Sheik, says that alternative violates Islamic law.

British University Bars Christian Group For Discrimination

Wednesday's Birmingham Post reports on a dispute in Britain that is reminiscent of recent battles on a number of U.S. campuses. (See prior postings 1, 2 .) Birmingham University's Student Guild has frozen the assets of the Evangelical Christian Union, and prohibited it from using university facilities for meetings, because the student group refuses to admit non-Christians to membership. The Student Union Guild has demanded that the Christian group amend its constitution to allow people of all faiths to become members and sit on its leadership body. The Guild also objects to the fact that the group's constitution uses the words "men" and "women" instead of "persons", claiming it discriminates against transsexuals. Pod Bhogal, communications director for Universities and Colleges Christian Fellowship, said: "In all our years of working with hundreds of higher education establishments, this action by Birmingham's guild is unique." (Press release.) The Student Guild, however, said it was merely enforcing the 1994 Education Act that prohibits discrimination by student groups.

Justice Breyer Discusses Establishment Clause

Yesterday's Washington Jewish Week carries an interesting report on a dialogue with U.S. Supreme Court Justice Stephen Breyer held last Sunday at Kesher Israel Congregation, a synagogue in the District of Columbia. Breyer said the Establishment Clause was designed not as an "absolute separation" of church and state, but as a way to "minimize social conflict based on religion." He traced the language of the Establishment Clause to "the wars of religion" between Catholics and Protestants in 17th-century Europe. He pointed out that the clause's interpretation has evolved in the 20th century, as the country has changed and immigrants introduced dozens of new religions. "The Founders did engage in a lot of activities that would be forbidden today under ... current interpretations of the Establishment Clause", he said, because they lived in a generally homogeneouss nation. While the court's view of the Establishment Clause has changed, Breyer believes it has still stayed true to the original values that the Founders intended.

When confronted with a question about Jewish law, Breyer said that he didn't know that much about it, quipping that he was "bar mitzvahed in a Reform congregation." He added, however, that he believes the profession of law is squarely in the Jewish tradition of social justice.

Newly Elected Canadian Prime Minister Acknowledges God In Victory Speech

Newly-elected Conservative Canadian Prime Minister Stephen Harper broke with tradition of the past 12 years and ended his election night victory speech by saying "God Bless Canada". Yesterday's LifeSite News reports that Bishop Frederick Henry of the Calgary , Alberta Diocese praised Harper's new willingness to recognize religion in the public sphere.

Jewish Chaplain In Dispute With AG Over Defense In Prisoner Suit

Ynetnews yesterday reported on an interesting dispute between a Jewish prison chaplain and Washington state's Attorney General. The Attorney General's office has refused to defend Jewish prison chaplain Gary Friedman on the terms Friedman demands in a recent lawsuit filed against him by a state prisoner. Friedman takes the position that a prisoner should not be entitled to receive kosher food if the prisoner is not Jewish under the standards of Jewish law (halacha). However, courts have generally not required a formal conversion before recognizing religious claims by a prisoner. Chaplain Friedman, who has been sued before, says that in the past when the state has provided him legal defense, they have been too willing to settle out of court and have ignored his claims that Jewish law should be factored into the defense arguments. The most recent suit is by James Shilling, a prisoner who requested, but did not receive, kosher food. Chaplain Friedman has refused to give the Attorney General's office authority to make litigation decisions for him that involve religious law or practices, and has instead hired outside lawyers to represent him in the lawsuit. Jewish Prisoner Service International is raising funds to cover Friedman's legal bills.

A New 10 Commandments Display Approved By Indiana City

The Anderson, Indiana City Council has voted unanimously in favor of allowing Lone Oak Wesleyan Church to begin raising $12,000 for a granite monument of the Ten Commandments that will be placed on the front lawn of the city building. Yesterday's Fort Wayne News-Sentinel, in reporting on the development, quoted one church member as saying that the Ten Commandments monument "has nothing to do with religion". He insisted that the Ten Commandments were the basis of modern law, and said that the church would pay legal fees if the city were sued over the display. In something of an understatement, Ken Falk, an attorney for the ACLU of Indiana said that the "display is problematic".

New Hampshire Bill Proposes Disclosure of Abuse Disclosed In Confessions

In New Hampshire, proposed HB 1127 would make it clear that clergy are not exempt from requirements of the Child Protection Act that requires reporting of suspected child abuse or neglect to law enforcement officials. The Keene New Hampshire Sentinel yesterday reported that for the second time in three years a bill has been introduced into the legislature in order to make clear that the reporting requirement applies even to information learned by clergy in confession or in giving similar spiritual advice. Diane Quinlan, chancellor of the Catholic Diocese of Manchester spoke out in opposition to the bill, saying that allowing a "limited exception" for sacramental confession is crucial to the free practice of Catholicism.

Massachusetts House Votes Down Financial Reporting Bill

According to the Boston Globe, the Massachusetts House of Representatives yesterday defeated controversial legislation that would have required religious organizations to file annual financial reports with the state. Even though the bill had been approved by the Senate, the House vote against the proposal was 147-3. Opposition to the bill had grown in recent weeks. Not only the Catholic church, but many other religious organizations had come out in opposition to the measure. (See prior postings 1, 2, 3, 4). [Thanks to Blog From the Capital for the information.]

Lobbying On Portrayal Of Religions In Textbooks

Today's Wall Street Journal carries a long front page article titled New Battleground In Textbook Wars: Religion in History (subscription required). It focuses particularly on efforts by Hindu groups to influence the portrayal of Hinduism in school textbooks used in California. (Religion Clause reported on this a week ago.) The Wall Street Journal article also discusses efforts by Islamic and Jewish groups to monitor the portrayal of their religions in school texts.

Anti-Evolution Legislation Pending In Five States

Legislation that has been introduced and is pending in the legislatures of at least five states would permit the teaching of intelligent design or encourage critical analysis of evolutionary theory. Here are the bills and their current status:

• Mississippi-- H.B. 953 (in Committee) and S.B. 2427 (in Committee)
• New York-- A.B. 8036 (in Committee)
• Oklahoma-- H.B. 2107 (Introduced) and H.B. 2526 (Introduced)
• Pennsylvania-- H.B. 1007 (in Committee)
• Utah-- S.B. 96 (passed Senate)

Blog From the Capital has more on the Utah bill.

Pope's Encyclical On Church's Relation To Government In Achieving Just Society

Zenit News Agency today has published an English translation of Pope Benedict XVI's first Encyclical, Deus Caritas Est ("God Is Love"). In it, the Pope includes the following discussion of the relationship of the Church's charitable activities to civil government:

The Church's social teaching argues on the basis of reason and natural law, namely, on the basis of what is in accord with the nature of every human being. It recognizes that it is not the Church's responsibility to make this teaching prevail in political life. Rather, the Church wishes to help form consciences in political life and to stimulate greater insight into the authentic requirements of justice as well as greater readiness to act accordingly, even when this might involve conflict with situations of personal interest. Building a just social and civil order, wherein each person receives what is his or her due, is an essential task which every generation must take up anew. As a political task, this cannot be the Church's immediate responsibility. Yet, since it is also a most important human responsibility, the Church is duty-bound to offer, through the purification of reason and through ethical formation, her own specific contribution towards understanding the requirements of justice and achieving them politically.

The Church cannot and must not take upon herself the political battle to bring about the most just society possible. She cannot and must not replace the State. Yet at the same time she cannot and must not remain on the sidelines in the fight for justice. She has to play her part through rational argument and she has to reawaken the spiritual energy without which justice, which always demands sacrifice, cannot prevail and prosper. A just society must be the achievement of politics, not of the Church. Yet the promotion of justice through efforts to bring about openness of mind and will to the demands of the common good is something which concerns the Church deeply.

8th Circuit Remands Prisoner's Establishment Clause Claim

In Munson v. Norris, (Jan. 24, 2006), the U.S. 8th Circuit Court of Appeals has remanded an Arkansas prisoner's Establishment Clause claim to the district court for examination of the prisoner's objection to participation in a sex-offender class that was imposed as a condition of parole. James Munson objected to the requirement that he recite a serenity prayer at class meetings. Munson claimed his religious beliefs only permitted him to say "God" at night. The court held that the district court had incorrectly viewed the assertion as only a free exercise claim. Arkansas News Bureau has reported on the decision.

Illegal Christian Evangelism In Morocco

Yesterday's Morocco Times reports that police in Marrakech have recently seized documents which confirm the existence of a secret evangelical group that has been trying to convert many Moroccans to Christianity. The Moroccan Constitution protects freedom of religion; however proselytizing is also forbidden. Article 220 of the Moroccan Penal Code applies the same potential punishment of a fine and up to 6 months in prison for any attempt to interfere with a person's exercise religious beliefs or attendance at religious services , and to "anyone who employs incitements to shake the faith of a Muslim or to convert him to another religion." The documents, seized in an apartment of a foreign missionary who suddenly disappeared, also revealed the existence of secret spiritual schools to teach Moroccans the concepts of Christianity. Moroccan newspapers carry wildly varying reports on the number of Christians in the country, as well as on the number of missionaries and converts.

Jurors May Be Excluded For Religious Objection To Death Penalty

In State v. Fry, (Dec. 8, 2005), the New Mexico Supreme Court held that in a capital case jurors who express religious opposition to the death penalty may be excluded without violating the state's constitutional provision (Art. VII, Sec. 3) prohibiting excluding citizens from a jury on the basis of religion. The court also held that defendant cannot insist that such individuals be placed on the jury for the determination of guilt and then replaced in the sentencing phase of the trial.

Zoning Enforcement Found Discriminatory and Vague

Today's Orlando, Florida Sentinel reports that a Florida federal district court has ruled in favor of Rabbi Joseph Konikov in the latest installment in four years of litigation over the rabbi using his home for twice-weekly religious services. Neighbors had complained to zoning officials about traffic and parking problems. In a case that has been up to the 11th Circuit and back, Orange County officials had imposed fines that now totaled $50,000. Judge John Antoon II said that the county had discriminated against religious groups because another group such as the Cub Scouts or a gathering of friends to watch sports would not violate the county's code. He also held that the code was vague because it lacks enforcement standards.

Malaysian Religious Authorities Focus on Music, Botox

Malaysian authorities are once more looking at adopting principles of Islamic law as part of the civil code of variious states. Reuters India reports today that Malaysia's National Fatwa Council has condemned Black Metal music, a rock variant dominated by occult imagery, in a fatwa calling for Malaysian states to ban it because it leads to devil worship, free sex and drinking of liquor.

In a separate development the Council is studying whether the key biological agent in botox treatments, known as Botulinum Toxin Type A, meets the Muslim requirement for food considered to be "halal", or permitted for human consumption. The panel is concerned as the use of botox has expanded from medical to cosmetic purposes.

South Carolina Debates Teaching of Evolution

South Carolina joins the list of states debating whether to teach theories on the origin of life other than evolution in the public schools. According to The State (Columbia, SC), a 4-person panel of the state's Education Oversight Committee held hearings Monday on the issue, but decided to take no action at the present time. According to a Charlotte Observer AP report, at issue is whether guidelines should call for students to "critically analyze" evolution. Instead of deciding, the EOC panel agreed to work with the state Department of Education before the full EOC meets on Feb. 13 to find a compromise that would direct teachers to analyze evolution only using scientific testing methods.

This follows a series of events in which the EOC originally voted 8-7 to strike old wording that limited schools to teaching evolution; the state Board of Education voted to overrule that decision; but the state attorney general ruled that the Board of Education overstepped its authority in reinstituting the old guidelines because the new standards were in dispute. The state Education Department writes education standards; the EOC recommends approval or rejection of the standards but may not revise or rewrite them.

Recently Published In Law Reviews

From SmartCILP:

Jill Goldenziel, Blaine's Name In Vain?: State Constitutions, School Choice, and Charitable Choice, 83 Denver Univ. Law Rev. 57-99 (2005).

Noah Feldman, Third Annual Henry Lecture: The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics; also Replies by Randall T. Coyne, Harry F. Tepker and Joseph T. Thai, 58 Oklahoma Law Rev. 1-57 (2005).

Israeli Party Supports Religion-State Separation

In a surprise announcement, the right wing Israeli political party, Yisrael Beiteinu, has come out in favor of separation of religion and state, including public transportation on the Sabbath. Haaretz yesterday reported that the move is an attempt to attract voters in the upcoming Knesset election from the recently-collapsed Shinui party.

Paper Discusses Prison Program InnerChange

Today's Boston Globe carries a long story on the faith-based InnerChange Freedom Initiative, an offshoot of the Prison Fellowship movement launched by Charles Colson, which has been adopted by 4 state prison systems, and will shortly expand to 2 more. Final arguments are scheduled on Feb. 17 in a case in Iowa in a challenge to the program that was filed by Americans United for Separation of Church and State.