Minneapolis Airport Adopts Sanctions For Cabbies Refusing Service

On Monday, the Minneapolis-St. Paul Metropolitan Airports Commission formally adopted its staff's prior recommendation that a 30-day license suspension be imposed on any cab driver who refuses to transport a passenger for reasons other than safety concerns. A second offense would lead to a 2-year suspension. The new rules will primarily impact Muslim cab drivers who have refused to transport passengers carrying liquor. Developments are reported by yesterday's Minneapolis Star-Tribune. [Thanks to Blog from the Capital for the lead.]

EU Compromise On Religious Hatred Ban Reached

European Union justice ministers meeting in Luxembourg on Thursday gave in to Britain's objections and narrowed a proposed EU ban on incitement to religious hatred so that it will apply only if the incitement has racist intent. Reuters reports that this change assures that religion could still be criticized where the criticism is not racially motivated. However individual countries will still be permitted to punish religious hatred more broadly as well as to enforce individual laws against Holocaust denial.

UPDATE: A UPI report says that the EU's draft proposal has been worded so that it includes a ban on denying the Nazi Holocaust of World War II and the genocide in Rwanda in 1994. The European Jewish Press says that the proposal bans: "publicly condoning, denying, or grossly trivialising crimes of genocide, crimes against humanity and war crimes" as defined by international crime courts and in the charter of the Nuremberg court.

National Episcopal Church Gets Only Limited Intervention In Property Dispute

In Diocese of Central New York v. St. Andrews Episcopal Church, (NY S.Ct., April 10, 2007), a New York trial court permitted only limited intervention by the Domestic and Foreign Missionary Society of the Episcopal Church in a property dispute between a break-away Syracuse church and its parent Diocese. DFMS failed to demonstrate that it had a direct legal interest in the property of St. Andrews church. However it did show that there were common issues of law or fact in this case and DFMS's claim of an express or implied trust over the property of St. Andrews. In limiting the scope of the intervention, the court required that DFMS be represented by the same attorneys as are representing the Diocese and that DFMS may not conduct separate discovery without permission of the court. Transfigurations blog says that this is the first case in the country where the Episcopal Church was granted only limited participation in the litigation between a Diocese and a local parish.

City-Backed Financing For St. Louis U. Arena OK Under State Constitution

City-backed financing for St. Louis University's new basketball arena survived a state constitutional challenge yesterday as the Missouri Supreme Court held that the Jesuit-backed University is not "controlled by a religious creed" as that term is used in Art. IX, Sec. 8 of Missouri's constitution. In St. Louis University v. The Masonic Temple Association of St. Louis, (MO Sup. Ct., April 17, 2007), the court held that the constitutional ban on appropriating funds to support any educational institution controlled by any religious creed was not violated by the "tax increment financing" provided by the city of St. Louis. A mere historical link to a particular religion does not amount to control. Here, while the SLU's president is a Jesuit, "he is bound by the decisions of an independent, lay board of trustees". The religious component does not dictate the institution's oversight and administration. The court also rejected federal establishment clause challenges to the financing.

Judge Teitelman, dissenting, argued that a determination of religious control should be made only after the facts are developed at trial, rather than at the summary judgement stage as the majority does here. He also argued that, contrary to the majority's holding, an institution could be controlled by a religious creed even if proselytism is not one of its primary purposes. The Associated Press reported on the decision yesterday. (See prior related posting.)

10th Circuit Rules Largely In Favor of Summum "7 Aphorisms" Monuments

In decisions yesterday, the U.S. 10th Circuit Court of Appeals dealt with requests by members of the Summum faith that they be permitted to put up a display of their Seven Aphorisms in parks in two separate Utah cities. In each case, the city park already had a Ten Commandments display in it. Today's Salt Lake Tribune reports on the decisions.

In Summum v. Pleasant Grove City, (10th Cir., April 17, 2007), the court of appeals held that Summum was entitled to a preliminary injunction permitting it to erect its monument in a city park that already featured a number of displays relating to the city's pioneer history as well as a 10 Commandments monument donated by the Fraternal Order of Eagles. Holding that a park is a traditional public forum, the court rejected the city's attempt to restrict park monuments on the basis of their historical relevance to the city, saying that the city offered no reason why this was a "compelling" interest that would permit content based restrictions on monuments. While the city might create content-neutral restrictions on aesthetic grounds, it has not done so here.

The second case, Summum v. Duchesne City, (10th Cir., April 17, 2007), was more complicated. Here, apparently the only display already in the city's park was a 10 Commandments monument, and the city attempted to avoid Summum's request by transferring the land under the Ten Commandments display to a private party. Initially the land was transferred to the Lion's Club, and-- after questions were raised about the propriety of that transfer-- the land was re-transferred to private individuals. Also a fence was put up around the Ten Commandments with a sign saying that the land did not belong to the city. Summum requested transfer to it of a similar size piece of land in the park.

The court held that the issue here is not whether the city is endorsing the Ten Commandments in violation of the Establishment Clause, but rather whether the Ten Commandments monument remains a part of the park as a "public forum". Finding that the initial land transfer to the Lion's Club was invalid under state law because of lack of consideration and conflict of interest (the mayor was president of the Lion's Club), the court held that the land remained part of the public forum after that purported transfer. That being the case, the city needed a compelling interest to reject Summum's request to build its monument in the same public forum. It failed to demonstrate that interest.

The court then remanded the case to the trial court to determine if the second transfer of the property under the Ten Commandments to private parties was valid. After deciding that, the district court is to decide the "forum status" of the park and decide whether Summum is entitled to an injunction. (See prior related posting.)

Custody Decision May Not Consider Parent's Religious Beliefs On High Schooling

In Gove v. Petty, (WI Ct. App., April 17, 2007), a Wisconsin state appellate court reversed a trial court's decision that had removed a high school age child, Basyl, from custody of her Amish mother. The trial court had transferred custody on health and education issues to Basyl's father, with the mother retaining limited joint custody rights. The father wanted the child to receive a traditional high school education, while the mother, based on her Amish beliefs, had agreed only to home school the child. The court of appeals held that the trial court should not have considered the parents' different views on schooling Basyl in making its custody decision. The appellate court said: "we do not believe Basyl’s placement or custody could be changed on the singular basis that her sole legal custodian practices a religion that rejects higher education." The court remanded the case to the trial court for a determination using only permissible factors. Yesterday's Appleton (WI) Post-Crescent covers the decision. [Thanks Ann Althouse to via Religionlaw listserv for the lead.]

French Court Finds Favorable Lease To Mosque Violates Church-State Limits

In France, the Marseille administrative court on Tuesday ordered renegotiation of a lease of city land, finding that its mere 300 Euros per year rent amounted to a disguised subsidy of religion that violates French law on separation of church and state. The order came in a suit brought by the right wing National Front (FN), the Movement for France (MPF) and the National Republican Movement (MNR), challenging the lease for land on which a Great Mosque will be built in Marseille. France 24 reported yesterday that city officials promised a revised lease would be submitted to city council in June. Meanwhile, funds to actually build the mosque must be raised from private sources, with foreign funding limited to 20% to 30% of the total.

British Muslim Teacher Loses Appeal On Wearing Veil [Corrected]

As previously reported, on March 30 Britain's Employment Appeal Tribunal handed down its decision in Azmi v Kirklees Metropolitan Borough Council, an appeal by a Muslim school teacher who had been suspended for refusing to remove her veil when working directly with children. The full opinion is now available online. The Tribunal found that the teaching assistant had not been discriminated against directly on the ground of religion or belief under Britain's Employment Equality (Religion or Belief) Regulations or Council of Europe Directive 2000/78/EC. While she had been discriminated against indirectly, the discrimination was not unlawful because it was proportionate in support of a legitimate aim. (See prior postings 1, 2.) Today's London Times published a summary of the decision.

Religion Clause Is 2 Years Old Today !

Today is the second birthday of Religion Clause blog. As I blow out the candles, I want to thank all of you, my readers, for your interest and for the leads many of you have furnished. I am particularly pleased with the broad spectrum of professionals in the fields of church-state relations, religious freedom and civil rights that have become regular readers. One of my goals was to create a resource for individuals on all parts of the religious and political spectrum. From the e-mails I receive, I think that I have had some success in this regard.

I am pleased to announce that in addition to its availability directly through the Internet and in RSS feeds, Religion Clause is now also featured as a part of Newstex.

A birthday is always a time to reassess. I invite you to let me know about the features of Religion Clause that you like and dislike and any changes you would suggest. There are several issues I have considered, and I particularly invite your comments on these. Should the mix between U.S. and foreign coverage be changed? Should there be changes in the typical length or number of postings? Is the weekly summary of prisoner cases useful; would a listing of the cases without summaries be just as useful?

Religion Clause was created because there was no central news source for legal and political developments on church-state and religious freedom issues. Should Religion Clause keep its news focus, or should it move more toward analysis and opinion? Should I bring in guest bloggers to do some of that? I invite your comments either as a Comment to this posting or by e-mail.

Thanks again especially to those of you who read this blog regularly. Please continue to recommend it to others who you think may be interested in its coverage.

Russia Lessens Reporting Burdens for Churches

Forum 18 reported today that "following sustained lobbying by religious representatives, the [Russian] government has markedly simplified the financial accounting procedure for religious organisations demanded by the so-called NGO Law." Churches had complained about the burdens that the new law created. (See prior postings 1, 2.)

Detailing the changes, Forum 18 in a separate report said that the new rules merely ask religious groups about the sources of their income-- including whether funds are received from Russian or foreign organizations or foreign governments; but not about funds from Russian individuals or the Russian government. Groups now do not need to list their meetings and conferences, or number of participants, nor must they describe their advertising of their activities. Religious organizations still must supply information about members belonging to their governing body.

NY Restaurant Sues Kosher Supervisor Over Charges Published On Blog

A well-known kosher steak house in Manhattan has filed a $10 million lawsuit against its former masgiach (kosher standards supervisor) for accusing the restaurant of failing to meet kashrut (kosher) standards. Yesterday's New York Post reports that the restaurant, Le Marais, has sued its former employee Jacky Bitton, who was famous in his own right previously. Bitton was a well-known drummer in a French rock band who later became religiously observant. More recently, Bitton and one of his sons was attacked in the 1991 Crown Height riots. After Bitton quit his job last month, he posted entires on his blog accusing the restaurant of permitting non-kosher food in its kitchen and accused its chef of being a "Jew hater". The restaurant says Bitton was too strict in applying rules of kashrut. Bitton is under a gag order from the Brooklyn trial court where a hearing is scheduled next week. Here is a copy of the court's order, courtesy of The Canonist blog.

Firing Over Threatening Letters Is Not Relgious Discrimination

In Carmack v. National Railroad Passenger Corp., (D Mass, March 22, 2007) a Massachusetts federal judge, adopting a Magistrate's recommendation, dismissed an unusual religious discrimination claim filed by a former Amtrak employee. In a conflict with his union representative, Joseph Carmack had written a series of documents described as "Letters from Hell". The rambling letters, referring to "Lucifer", included a paraphrase of parts of Shakespeare's Hamlet. The letters were viewed as a threat under Amtrak's violence policy. Carmack was dismissed after he refused to submit to psychiatric examination.

Among Carmack's many claims challenging his firing were claims alleging religious discrimination under Title VII and violations of his First Amendment rights. He claimed that his letters, which were the underlying basis for his dismissal, expressed his belief in spiritual forces and used "standard cultural and religious expressions of God and ... Satan or Lucifer ... to refer to ... spiritual forces in which Plaintiff believes."

The court dismissed Carmack's Title VII and state employment discrimination claims for failing to exhaust his administrative remedies. It went on to hold that on the merits of both his statutory and First Amendment claims, Carmack had not shown that his letters involved any religious practice or that he was dismissed because of his religion.

Canadian Street Preacher Ignoring Ban On Loudspeakers

In Calgary, Alberta, street preacher Art Pawlowski is battling city officials who have issued him a permit to preach in a city park only if he does not use loud speakers. CBC News yesterday reported that the Court of Queens Bench earlier this month ruled the permit restrictions valid. Pawlowski, however, is ignoring them, using amplification equipment when he preaches three times a week at a small green space across from a homeless shelter. Police have given Pawlowski more than $400 in tickets so far for various violations.

Hindu Nationalists Protest New Indian Coin Design

Asia News reported earlier this week that Hindu nationalists are demanding that the Reserve Bank of India withdraw a new 2 rupee coin that pictures men from four different religions coming together and raising their hands in unity. Fundamentalists in the state of Uttar Pradesh say that authorities replaced the map of India that was previously on the coin with the new design that looks like a Christian cross. [Thanks to International Christian Concern for the lead.]

25th Anniversary of Canada's Charter of Rights and Freedoms Marked

Today is the 25th anniversary of Canada's adoption of its Charter of Rights and Freedoms that protects many individual rights, including freedom of conscience religion. Marking the anniversary, former prime minister Jean Chretien spoke last night at the University of Ottawa, according to a report by CanWest News Service. Chretien was justice minister in the Trudeau cabinet when the Charter was adopted. While Canada had earlier adopted a Bill of Rights, it was the Charter that gave courts the power to strike down legislation that violated protected rights.

President Attends Catholic Prayer Breakfast; Supports School Vouchers

On Friday, President Bush spoke at the annual National Catholic Prayer Breakfast held in Washington. (Full text). He talked about Charles Carroll, the only Catholic to sign the Declaration of Independence, saying: "In 1776, Carroll was one of the wealthiest men in America. But because he was a Catholic, he could not vote or hold public office in his native Maryland." Bush's remarks urged continued respect for a "culture of life"; support of faith-based institutions; support for school choice; and support for comprehensive immigration reform.

Friday afternoon, President Bush further promoted school choice by meeting at the White House with leaders of parochial schools and parents whose children attend Catholic schools. In his remarks after the meeting, he urged expansion to the rest of the nation of the D.C. Opportunity Scholarship program, as well as reauthorization of the No Child Left Behind Act.

Court Analyzes Elements of RLUIPA vs. Free Exercise Claim

A recent decision by Wisconsin federal district judge Barbara Crabb contained an interesting discussion of an issue that presents itself in many religious rights cases brought by prisoners-- the difference between the elements of a free exercise claim and a claim under the Religious Land Use and Institutionalized Persons Act. The case is Perez v. Frank, (WD WI, April 11, 2007), granting a Muslim prisoner summary judgment on claims that various correctional officials violated his rights when they prevented him from attending learning sessions, Friday prayer and group prayer during festivals; prevented him from eating dates during Ramadan and having Halal foods during festivals; and deprived him of a digital Qur'an player. Summary judgment was denied on various other claims. Here is Judge Crabb's analysis:

Although both the free exercise clause and RLUIPA protect religious "exercise," each defines religious exercise in a slightly different way. Under RLUIPA, a "religious exercise" is "any exercise of religion, whether or not compelled by, or central to, a system of religious belief."... In other words, RLUIPA protects individual acts of piety, regardless of their centrality. By contrast, the free exercise clause is concerned with the macrocosm of belief: so long as a believer's ability to freely practice his faith (rather than engage in all possible expressions of his faith) is not substantially burdened, the free exercise clause is not violated (hence the requirement that a belief be "central" before it can fall within the ambit of the free exercise clause....

Despite the technical differences between the types of religious exercise protected by each law, courts frequently fail to differentiate between the central practices protected by the free exercise clause and the wider variety of practices protected by statutes such as RLUIPA. The reason for this is fairly apparent. Courts are poorly positioned to decide which religious practices are "central" to any given faith tradition or any given believer; therefore, increasingly free exercise jurisprudence has emphasized deference to individuals' professed beliefs, so long as there is no reason to doubt their sincerity.....

So what, then, is the practical difference between a free exercise claim and a claim arising under RLUIPA? It appears that the answer is "not much," at least insofar as the "substantial burden" requirement is concerned.

(See prior related posting.)

Recent Publications On Law & Religion, Church-State

From SSRN:
David H. Schraub, When Separation Doesn't Work: The Religion Clauses as Anti Subordination Principles, (Dartmouth Law Journal, Vol. 5, Spring 2007).

Robert Fisher McCarthy, The Incompatibility of Free Speech and Funerals: Proposing a Grayned-Based Justification for Funeral Protest Statutes, (Ohio State Law Journal, Vol. 69, Forthcoming).

From SmartCILP:
Judith D. Fischer & Chloe J. Wallace, God and Caesar in the Twenty-First Century: What Recent Cases Say About Church-State Relations in England and the United States, 18 Florida Journal of International Law 485-515 (2006).

Symposium: Islamic Business and Commercial Law. Articles by Theodore Karasik, Frederic Wehrey, Steven Strom, Shaykh Yusuf Talal DeLorenzo, Ayman H. Abdel-Khaleq, Christopher F. Richardson, Michael J.T. McMillen, Umar F. Moghul, Rushdi Siddiqui, Nazih Hammad, Andreas Junius, Kilian Balz, Robert R. Bianchi, Walid S. Hegazy and Haider Ala Hamoudi. 7 Chicago Journal of International Law 379-622 (2007).

Symposium: Can God and Caesar Coexist? Balancing Religious Freedom and International Law by Robert F. Drinan, S.J., 45 Journal of Catholic Legal Studies 1-114 (2006).

Patrick McKinley Brennan, Harmonizing Plural Societies: The Case of Lasallians, Families, Schools--and the Poor, 45 Journal of Catholic Legal Studies 131-175 (2006).

Thomas J. Paprocki, Presumption As a Matter of Law and Eternal Salvation, 45 Journal of Catholic Legal Studies 177-182 (2006).

Recent Book:
James Serritella, Thomas Berg, Cole Durham, Edward Gaffney, Craig Mousin, eds., Religious Organizations in the United States: A Study of Identity, Liberty and Law, (Carolina Academic Press, 2006).

Broadway Revival Again Focuses Attention on Evolution

The debate over teaching of evolution in American schools is now the focus of Broadway as a revival of "Inherit the Wind" opened last Thursday. The play, a fictional re-enactment of the 1925 Scopes "monkey" trial, was first produced in 1955. It was written as a response to McCarthyism. Reuters says that reviews of the revival were generally positive.

Recently Available Prisoner Free Exercise Decisions

In Buckley v. Alameida, 2007 U.S. Dist. LEXIS 26864 (ED CA, April 11, 2007), a California federal district court screened a number of claims by a Black Orthodox Jewish prisoner. The court determined that plaintiff could move ahead with claims against certain of the defendants for their confiscation of his kosher food package; for severe retaliation because of an argument growing out of confiscation of the package; and for disappearance of his menorahs and candles. He was not permitted to move ahead with other claims, including one growing out of threats and anti-Semitic slurs.

In Mayweathers v. Hickman, 2006 U.S. Dist. LEXIS 95882 (SD CA, Dec. 26, 2006), a California federal Magistrate Judge held that a prisoner's allegation that he was denied his religious diet tray for one week did not allege a substantial burden on his free exercise of religion under RLUIPA.

In Williams v. Dankert, 2007 U.S. Dist. LEXIS 26975 (ED WI, April 11, 2007), a Wisconsin federal Magistrate Judge rejected a prisoner's RLUIPA claim. Plaintiff alleged only that deprivation of his religious material denied him access to the courts. Thus there was no support for the claim that this was done to prevent him from exercising his religion.

In Ruiz v. Early, 2007 U.S. Dist. LEXIS 27206 (ED CA, March 28, 2007), a California federal Magistrate Judge found that plaintiff prisoner's general complaints about prison grooming standards did not support a cognizable free exercise claim.

In Moynihan v. Arpaio, 2007 U.S. Dist. LEXIS 27331 (D AZ, April 11, 2007), an Arizona federal district court dismissed an inmate's claim for failure to exhaust his administrative remedies. One of the claims was that his free exercise rights were vioalted when officials refused to provide him a vegetarian diet.

In Harrison v. Laffin, 2007 U.S. Dist. LEXIS 27399 (ED LA, March 22, 2007), a Louisiana federal Magistrate Judge recommended dismissal of a prisoner's claim that his free exercise rights were violated when he was unable to attend church because he was in 23-hour lockdown.

Washington State Mandates Pharmacies Fill All Prescriptions

The Washington state Board of Pharmacy on Thursday voted unanimously to adopt a rule requiring drug stores to fill all lawful prescriptions. The AP says the rule means that pharmacists with moral, religious or other personal objections to filling a prescription can opt out only if a co-worker can fill the prescription at the time it is presented. Pharmacists are also prohibited from destroying prescriptions or harassing patients, and must order new supplies of a drug if it is out of stock. The Washington State Catholic Conference, among others, opposes the new rule. It may require pharmacists to violate their conscience in dispensing drugs such as the Plan B "morning after" birth control pills. (See prior related posting.)

British Teachers Oppose Expansion Of Faith Schools

In Britain, NASUWT, the largest union representing teachers and head teachers in the UK, adopted a resolution at its recent convention opposing government plans to create a new generation of faith schools funded by the government. The resolution warns of "social fragmentation" that might result from more faith schools. One delegate, Brian Williams from Cardiff, said that parents often pretend to be religious merely to get their children into good Church of England or Roman Catholic schools. This Is London, reporting on NASUWT's annual conference, says that delegates stopped short of calling for the closing of existing faith schools.

IL Proposal On Limitations In Abuse Cases Opposed by Catholic Conference

A column in Saturday’s Peoria (IL) Journal Star discusses Illinois SB 1733, a bill introduced in February in the Illinois legislature to create a one-time two-year window in which childhood sexual abuse cases could be filed even though pre-existing statutes of limitation have run. At March hearings on the bill [bill status], the only organization to testify against it was the Catholic Conference of Illinois. CCI executive director, Robert Gilligan said that the bill gives false hope to victims because the Illinois constitution bans the revival of retroactive claims.

Report Issued On Blasphemy Cases In Pakistan

Pakistan's Daily Times says that the National Commission for Justice and Peace—a group formed by Pakistan's Catholic Bishops’ Conference-- has issued a report on blasphemy prosecutions in Pakistan. It found that 90 blasphemy cases were recorded in 2006, of which only 48 were registered with the police. Of those, 27 of the accused were Muslims, 10 were Christians and 11 were Ahmadis. Only 5 cases have been decided by the courts in 2006—with three resulting in life sentences. NCJP executive secretary Peter Jacob said that the blasphemy law is being exploited by some to create tensions in society.

School Baord Candidate Says Husband's Suit Will Be Dropped If She Wins

Four years ago, Marion Illinois parent Robert Marsh sued school superintendent Wade Hudgens and the Marion school board for allowing the schools to endorse religion. The suit claimed that Superintendent Hudgens organized school assemblies featuring the evangelical pastor of Ronnie Hill Ministries in Fort Worth, Texas. The lawsuit claims that the assemblies were going to be used to hand out tickets to evening pizza parties at a church, during which students would have to listen to a sermon by Pastor Hill. The school board has spent $167,000 so far defending the lawsuit. The case was dismissed earlier this year for lack of evidence, but Mash has filed a motion for reconsideration. Now Marsh’s wife is running for school board in next Tuesday’s election. Jan Bowman-Marsh says that if she wins, her husband will drop his lawsuit. These developments were reported by The Southern yesterday.

Uzbekistan Blocks Russian Religious News Website

Forum 18 last week reported that in Uzbekistan, the National Security Service—the country’s secret police—have blocked access in the country to one of Russia’s leading religious websites. While Uzbekistan has blocked many foreign-based website that carry independent news of developments in Uzbekistan, its blocking of the Portal Credo site seems to be the first time it has banned a site devoted to religious news. The blocked website posts almost entirely Russian language items.

Turkish Demonstrators Fear Inroads On Secular State

In Ankara, Turkey on Saturday, a crowd estimated variously at 200,000 to 300,000 marched to protest the potential loss of secularism in Turkey if the ruling AK Party chooses Prime Minister Tayyip Erdogan as its presidential candidate. Because of Erdogan’s Islamist roots, a group of secular generals, judges and university rectors fears he would undermine the strict secular nature of the country. They have similar fears about the potential candidacy of parliament’s speaker, Bulent Arinc. Erdogan denies he has an Islamist agenda. While the post of President in Turkey is largely ceremonial, under current President Ahmet Necdet Sezer the office has strongly defended the secular tradition of the overwhelmingly Muslim country. Developments are reported by Reuters and the Associated Press.

Texas City Council Urges School Prayer

In Brazoria, Texas, city council last Tuesday passed a resolution calling for prayer to be a part of public schools and urging other Texas cities to pass similar resolutions. Today’s Houston Chronicle quotes Brazoria mayor Ken Corley as saying: "My goal is to just bring God back into the lives of these kids through our school system." Houston attorney and ACLU member, Randall Kallinen, said that there is nothing wrong with the resolution so long as it is merely a non-binding expression of Council's opinion.

Mojave Desert Cross Case Argued Before 9th Circuit

Last Monday, the U.S. Ninth Circuit Court of Appeals heard oral arguments in Buono v. Kempthorne, a case involving the constitutionality of a transfer of federal lands to private parties in order to preserve the Mojave Desert Cross war memorial. The cross was originally put up by the Veterans of Foreign Wars. When it was challenged in litigation, the federal government took steps to transfer the public land on which the cross sits to private ownership. An audio recording of oral argument in the case is available online. The oral arguments are covered by stories in the Gospel Herald and One News Now.

Church Sues Florida Town Under RLUIPA

In Southwest Ranches, Florida, Christ Covenant Church has filed a lawsuit alleging that the town violated its religious freedom rights and the Religious Land Use and Institutionalized Persons Act when it denied the church a zoning permit. Today’s South Florida Sun-Sentinel reports that the dispute involves the church's plans to build a 2000 sq. ft. hall next to its existing sanctuary. The hall would be used for bible study, weddings, funerals and meetings. Council said it rejected the application because the site had insufficient parking.

U Wisconsin-Superior Settles Suit Brought By Christian Student Group

Last week, a Wisconsin federal district judge approved a settlement by the University of Wisconsin- Superior of a suit brought against it by the Inter-Varsity Christian Fellowship. The University had attempted to apply its non-discrimination rules to deny formal recognition to the group which required its officers to sign a statement affirming their Christian beliefs. IVCF claimed the refusal violated its First Amendment rights. In the settlement agreement, the University agrees to recognize IVCF as a student organization, give it some $1500 in student fees for its activities for the year, and to pay $20,000 in legal fees to the Alliance Defense Fund that represented IVCF in the lawsuit. Today’s Winona Daily News, reporting on the settlement, says that the University’s student government agreed several months ago to recognize IVCF. ADF also reports on the settlement.

Portland Archdiocese Reorganization Plan Nears Confirmation

In an opinion issued Friday in the bankruptcy proceedings of the Portland, Oregon, Catholic Archdiocese, federal bankruptcy judge Elizabeth Perris indicated that she would confirm the Archdiocese's proposed plan of reorganization if one change is made in it. An exculpation clause in the plan must be narrowed to exclude potential liability of the Archdiocese for failing to disclose certain confidential settlement information as required by a prior court order. As summarized by an Associated Press report, under the plan some 175 victims of priest sexual abuse will settle their claims for $52 million. Another $20 million will be set aside for those who come forward after an agreed deadline. Finally, up to $3.8 million has been set aside to pay for claims that have not been settled in the bankruptcy negotiations. The court rejected an argument that this last amount is too small. (See prior related posting.)

Vatican Envoy Shuns Yom Hashoah Service In Israel Over Pius XII Depiction

The Vatican’s ambassador to Israel is refusing to attend Israel's official Holocaust memorial service tomorrow in Jerusalem in protest of the way in which Israel's Holocaust Museum describes the role of Pope Pius XII during World War II. Monsignor Antonio Franco is refusing to attend the annual Yom Hashoah commemoration at the museum, Yad Vashem, because of a paragraph—added in 2005-- accompanying a display of a picture of Pius XII. The caption says of Pius: "When he was elected pope in 1939, he shelved a letter against racism and anti-semitism that his predecessor had prepared. Even when reports about the murder of Jews reached the Vatican the Pope did not protest either verbally or in writing." It also says that the Pope in 1942 chose not to sign an Allied declaration condemning the extermination of Jews and did not intervene when Jews were deported from Rome to Auschwitz. The Guardian today reports that Yad Vashem said its description accurately reflects current historical knowledge. The museum said it is "prepared to continue examining the issue", and that the Vatican should open up its archives of documents relating to Pius XII.

Religious Voters and the 2008 Presidential Candidates

Religious voters are obviously seen as an important constituency for 2008 Presidential contenders. Associated Baptist Press on Friday carried a long summary of the religious background of each of the Republican and Democratic hopefuls. It also covers each candidate’s relations with the religious right, and his or her position on major issues of interest to religious voters. The issues included are abortion, gay rights, Iraq and church-state relations.

Meanwhile, on Friday the McClatchy Newspapers carried an article on religious conservatives "shopping around" for a Republican candidate to back in the Presidential race. Rudolph Giuliani speaks on Tuesday at Pat Robertson’s Regent University, but White evangelical Christians are looking for an alternative. A number of conservatives oppose Giuliani because of his support for abortion rights, gun control, and civil unions between same-sex couples.

NC County Will Fight Prayer Lawsuit

By a 4-3 party line vote, the Forsyth County (North Carolina) County Commission yesterday decided to undertake an active defense of a suit challenging the Commission's practice of opening meetings with a sectarian prayer. (See prior posting.) The county will be defended by Alliance Defense Fund that will argue a sectarian prayer policy is constitutional as long it is inclusive of all faiths. ADF will pay all costs of defense, but will not damages, or legal fees of the plaintiffs, if Forsyth County loses. A new nonprofit group, the North Carolina Partnership for Religious Liberty, was formed this week to solicit funds to cover those costs. Development are covered today by the Winston-Salem Journal, which has also posted a link to ADF attorney Mike Johnson explaining the Commission's decision to fight the lawsuit. (MP3 file). He said in part: "Prayer should not be censored, not by government and not by the ACLU."

Gideon Bible Case Argued In 8th Circuit

Yesterday, according to CNS News, the U.S. 8th Circuit Court of Appeals heard oral arguments in Doe v. South Iron R-1 School District. The decision being appealed enjoined a Missouri elementary school from permitting the distribution of Gideon Bibles on school property.(See prior posting.) An MP3 download of the 8th Circuit oral arguments is available.

Scalia Keynotes Conference On Religious Freedom

The Associated Press yesterday reported on the keynote speech made by U.S. Supreme Court Justice Antonin Scalia at Portland University's two-day conference titled "The American Experiment: Religious Freedom." Speaking to the largely Catholic audience, Scalia said that among the eight religion cases in which he has dissented, the most troubling for him was the majority's striking down of a sales tax exemption for religious books and magazines in Texas Monthly Inc. v. Bullock. Scalia criticized the majority's Establishment Clause decision there as using the "formulaic abstraction" created in the Lemon case instead of "considering the long accepted practices of the American people."

NJ High Schooler Sues To Have "Day of Truth"

April 19 is this year's date for the national "Day of Truth" campaign in high schools. (ADF Release.) The event is designed to encourage Christian students to counter activities that will be sponsored the day before by GLSEN (The Gay, Lesbian, Straight Educational Network), known as the "Day of Silence" to call attention to anti-LGBT harassment. A student at Allendale, New Jersey's Northern Highlands Regional High School has filed suit in federal court Wednesday to prevent the school from interfering with his Day of Truth activities. North Jersey.com today reports that senior Jason Aufiero, head of the school's Christian Club, plans to hand out fliers and cards, and have an ad about the event read over the school's loudspeaker. He will also hold an after-school Q&A session. the school;s principal says that Aufiero has the right to hold the event. However the school is concerned about the content of materials to be distributed and locations where they will be handed out.

Senator Makes Theological Argument for Stem Cell Bill

On Wednesday, the U.S. Senate passed two human stem-cell research bills-- S. 5 (a broad bill) and S. 30 (calling for research using only embryos that are "naturally dead"). One of the most interesting parts of the debate was the floor speech (full text) given by Oregon's Republican Senator Gordon Smith in favor of both bills. he made a theological case for stem cell research. Smith, a member of the Mormon church said that "religion and science are not in conflict in the Senate today." He concluded this after outlining his biblical arguments on when life begins:

Based upon my personal struggle with this issue, I now believe any reservations with embryonic stem cell research are misplaced, especially when one truly considers the question of when life begins.

For me, it begins with the mother, with the implantation of the embryo.

I believe the Scriptures provide ample support showing that flesh and spirit become one within a mother. This is one of womankind's supernal gifts. I find verses in the Old and the New Testament, in Genesis, Jeremiah, the Psalms, Job, as well as in the Gospels.

All of these things lead me to feel comfortable with an ethical conclusion that life begins when flesh and spirit are united in a mother's womb and not before.

An article in yesterday's Bend Bulletin reports on his Senate remarks.

Jail Chaplain Suspended for Distributing Anti-Muslim Booklets

In Rockland County, New York, the county jail has suspended its long-time chaplain -- a Christian minister-- for distributing religious booklets that condemn Islam and contain derogatory descriptions of Allah and the prophet Muhammad. Teresa Darden Clapp has been suspended with pay pending the outcome of an investigation. Yesterday's Lower Hudson Valley Journal News says one of the booklets at issue describes Allah as an "idol" and devil and Muhammad as a criminal and a "religious dictator." It also contains drawings of Muhammad. Jail Chief William Clark says the investigation should be completed next week. [Thanks to Detention Ministry News for the lead.]

State Seeking Compromise With Catholic Hospitals On Treating Rape Victims

In Connecticut this week, state senators drafting a bill to mandate the furnishing of emergency contraceptives to all rape victims added provisions designed to win the support of the Catholic Church. On Wednesday, the AP reported that lawmakers added language to permit Catholic hospitals to contract with a third party to dispense Plan B. The Wilton Villager yesterday said that it is unclear whether the Catholic Church will support this compromise, or instead will object to the distribution of contraceptives on Catholic hospital premises remains unclear.

Jewish Voter Challenges Nashville's Setting Election For Rosh Hashanah

Suit has been filed in federal court against the Davidson County, Tennessee, Election Commission challenging its decision to hold the runoff election for mayor of Nashville and other positions this year on Sept. 13. That day is the Jewish holiday of Rosh Hashana. The Tennessean reported yesterday that officials decided not to reschedule the election-- called for on that date by Nashville's city charter-- after determining that Jewish voters could vote early or by absentee ballot. However, plaintiff Elinor J. Gregor, says that the scheduling violates her free exercise and free speech rights. Election officials plan to look at their decision again next Monday.

UPDATE: On Monday, April 16, the Davidson County Election Commission decided to move this fall's runoff election to Tuesday, Sept. 11, instead of the originally scheduled date that coincided with Rosh Hashanah. (Tennessean.com).

Prof Sues NC University For Religious Discrimination

A professor at the University of North Carolina- Wilmington has sued the school claiming that he was denied promotion to full professor on religious and ideological grounds. CNS reports that the suit was filed Monday by criminology professor Mike Adams who says that things "got ugly" in 2000 after he underwent a religious conversion and "came out of the closet ... as a conservative Republican...." Adams, now a conservative Christian, has been at the center of at least two complaints-- one by a student who claimed he improperly forwarded one of her political e-mails, and one by a colleague who says he broke into her office. Adams, though, has been cleared on both charges.

Umbrella Muslim Organization Formed In Germany

In Germany, a new umbrella group to represent Muslims in their dealings with politicians and government officials has been formed. The new Muslim Coordination Council (KRM) represents four existing Muslim associations in the country. Deutsche Welle yesterday reported that KRM plans to open contact offices in each of the German states.

Liberal Clergy Support Gay and Lesbian Rights Proposals In State Legislatures

On the heels of widespread religious opposition to gay rights, more liberal clergy are now speaking out in favor of laws protecting gays and lesbians, and in favor of civil unions. In Iowa, a coalition of a dozen church leaders held a news conference to announce their support for a proposed amendment to the state's civil rights law that would bar discrimination on the basis of sexuality and gender identity. 365Gay reported yesterday that the Interfaith Alliance of Iowa includes representatives of the United Church of Christ, the Unitarian Church, and the Episcopal Diocese.

Meanwhile, V. Gene Robinson, the Episcopal Church's only openly gay bishop, testified before a New Hampshire Senate committee in favor of legalizing same-sex civil unions. He said that the bill that would provide equal legal rights to gay and lesbian couples has nothing do to with religious bodies accepting or rejecting such unions. An Associated Press story yesterday quotes Robinson, referring to the desire of gay couples for legal recognition, as saying: ''Would that we could get all heterosexual couples to take these commitments and responsibilities so seriously."

Bankruptcy Judge Threatens San Diego Diocese With Contempt

The Catholic Diocese of San Diego, currently in bankruptcy reorganization, has been threatened with contempt by the bankruptcy judge for misrepresentations and attempts to illegally shift assets. On April 9, the bankruptcy court issued a Order to Show Cause as to why the diocese and various officials should not be held in contempt. At issue are attempts by parishes to obtain new taxpayer identification numbers and transfer parish accounts to them without court approval. The responses filed (1, 2, 3) said that there had been misunderstandings of what the court had approved in a prior hearing.

Yesterday's Washington Post reports that Diocese lead attorney Susan Boswell apologized for misunderstanding how parishes could protect their cash flows, but said: "We are not dealing with a commercial enterprise-- we are dealing with a church. What it does is give money to the parishes. This is not a nefarious function." The San Diego Union-Tribune also reports that Boswell was unaware of Bishop Robert Brom's regularly receiving bank statements for 770 bank accounts of the separate parishes when she told the court otherwise during a March 1 hearing. At an April 11 hearing, bankruptcy Judge Louise DeCarl Adler ordered an external audit of the Diocese.

History Of Jewish Education In NYC Released Time Program Published

An unusual history of New York City's public school released time program has recently been published. The program, initiated in the 1940's, permitted public school children to be excused from class for an hour each week for religious education. While the program is generally thought of as one used by Christian groups, it turns out that a Jewish organization created by Chabad Lubavitch was active in offering an hour of Jewish education as part of the so-called "Wednesday Hour" program. The new book, Shiurei Limud Hadat: A Historical Review of the Released Time Program, contains information and rare photos of the program, along with Hebrew text. (News Release). Chabad continues the program today as scores of rabbinical students take study sheets, prayer booklets, kosher snacks and prizes to many New York City locations where the released time classes are held.

Iraqi Women Pressed To Follow Islamic Dress Code

Women in Iraq say that they are under increasing pressure to dress according to the dictates of Islamic law. An article in Tuesday's Cleveland Plain Dealer says that women blame the country's two-year old democratically elected parliament for using Islamic law to reduce women's rights. They say that is the only thing that the government agrees on. Baghdad's secular, cosmopolitan tradition has given way to what women call the "Islamic uniform"-- the black abaya that covers the body; the hijab (head scarf); or at least long, dark ankle-length skirts. Abdal-Majeed, who works with Iraq's women's affairs ministry says government officials, police officers and Muslim clergymen often insist she cover her head before they speak with her.

Attorneys Fees Ordered In Auto Sticker Case Settlement

In November, the city of Burbank, Illinois agreed to settle a suit brought by one of its residents who objected to displaying a vehicle sticker that included a picture of a soldier kneeling before a graveside cross. The city agreed not fine the resident for failing to display the sticker. (See prior posting.) However it has taken until now to resolve a dispute on payment of attorneys' fees. Yesterday's Daily Southtown reports that now a federal magistrate judge has ordered the city to pay $3300 in fees and costs to the plaintiff's lawyer for his 10 hours of work on the case. This is a compromise between amounts put forward by each side.

U.S. Senate Memorializes Pentecostal Bishop

On March 28, the U.S. Senate by unanimous consent passed S.Res. 133 memorializing Bishop Gilbert Earl Patterson who died on March 20. Patterson led Memphis, Tennessee's Temple of Deliverance Congregation, as well as the Church of God in Christ , a Pentecostal denomination which has 6 million members internationally. The Senate resolution, sponsored by Sen. Barack Obama, says that "Patterson reached millions across the globe with his direct and spirit-filled messages, encouraging the world to 'be healed, be delivered, and be set free'."

Missouri House Approves Proposed Prayer Amendment

The Missouri House of Representatives yesterday approved and sent to the state Senate a proposed state constitutional amendment on public prayer. HJR 19, Religious Freedom In Public Places, is described as follows by the Legislature:

Upon voter approval, this proposed constitutional amendment guarantees a citizen's First Amendment right to pray and worship in all public areas including schools as long as the activities are voluntary and subject to the same rules and regulations that apply to all other types of speech.

The amendment also reaffirms a citizen's right to choose any religion or no religion at all by prohibiting both the establishment of an official state religion and any state
coercion or endorsement of religion through practices as composing official state prayers.

Public schools receiving state funds are required to display the text of the Bill of Rights of the Constitution of the United States in a conspicuous and legible manner.

Reporting on an earlier preliminary vote of approval on the Resolution last week, the AP quotes Democratic state Representative John Burnett as saying that the proposed amendment is an attempt to increase Republican voter turnout in 2008.

Pakistan Mosque Creates Islamic Court In Challenge To Government

In Pakistan, the government has blocked access to the website of Islamabad's Red Mosque. Last week, the governing clerics of the mosque and a related seminary set up a religious court to enforce Islamic law and warned of suicide attacks if authorities ordered raids on the mosque. On Monday, the mosque's court issued a fatwa against Tourism Minister Nilofar Bakhtiar. It called for her dismissal because of a photo of her hugging a male instructor after a charity parachute jump she made in France last month to raise money for victims of Pakistan's 2005 earthquake. The story is reported yesterday by The Age. The Red Mosque (Lal Masjid) court also is taking aim at prostitution, gambling, sale of liquor, and sale of audio and video cassettes. Gulf News on Monday said that the Sharia court is a challenge to the authority of Pakistan's civil government.

UPDATE: On Sunday (April 15), 100,000 moderates who support President Gen. Pervez Musharraf rallied in Karachi against the activities of the Red Mosque. (AP).

6th Circuit: Preacher's Injunction Claim Moot; But Damage Claim Can Proceed

Last week, the U.S. 6th Circuit Court of Appeals dismissed as moot an attempt by a Christian minister to obtain declaratory and injunctive relief against Ohio's Capitol Square Review and Advisory Board. In Hood v. Keller, (6th Cir., April 2, 2007), James D. Hood II challenged the requirement that he obtain a permit before preaching on the grounds of Ohio's state house. However, while the case was pending, the 6th Circuit in another case held that the permit requirements are unconstitutional. The 6th Circuit agreed with the district court that now the threat of enforcement of the permit requirement has disappeared. However, the court did remand the case for consideration of Hood's claim for damages and attorneys' fees.

British Court Will Consider Legality Of Hindu Funeral Pyres

In Britain, a High court judge has approved the filing of a case seeking review of a decision barring cremation on a traditional Hindu funeral pyre. Last year, Newcastle City Council refused permission to Davender Kumar Ghai, an elderly Hindu man, to be cremated on a pyre when he dies. The Council ruled that ceremony would violate the Cremation Act 1902. Now, according to The Times yesterday, the High Court will consider the argument that outdoor cremation is illegal only if it creates a public nuisance. Proposed Hindu funeral pyres would only be placed in secluded locations. (See related prior posting.)

Recent Scholarly Articles Of Interest Online

From SSRN:
Ian C. Bartrum, The Constitutional Structure of Disestablishment, (NYU Journal of Law and Liberty, Vol. 2, p. 311, 2007).

Rev. John J. Coughlin, O.F.M., Canon Law and Constitutional Law: The First Amendment, Anthropology, Separation, and Neutrality, (Feb. 1, 2007, Notre Dame Law School Legal Studies Research Paper No. 07-24).

Jesse R. Merriam, Finding a Ceiling in a Circular Room: Locke v. Davey, Religious Neutrality, and Federalism, (Temple Political & Civil Rights Law Review, Vol. 16, pp. 103-143, 2007).

Kristen A. Carpenter, The Interests of "Peoples" in the Cooperative Management of Sacred Sites, (Tulsa Law Review, Vol. 42, p. 37, 2006).

From NELLCO:
Jeffrey A. Redding, Slicing the American Pie: Federalism and Personal Law, (April 4, 2007, Yale Law School Faculty Scholarship Series, Paper 10).

Indian Penal Officials Bar Easter Mass At Jail Because Of Wine

UCAN reports that a stir over religious freedom has erupted in the southern Indian state of Kerala. On Easter Sunday, officials at a federal jail in Thiruvananthapuram refused to allow three priests into the jail to conduct Easter mass. Officials said that the wine the priests were bringing in for mass was liquor that was prohibited by jail rules. This is the first time in 94 years that officials have prevented Easter mass from being conducted in the jail.

Easter Rally In Nepal Seeks Easter As Public Holiday

In eastern Nepal on Easter Sunday, a thousand Christians walked through the streets of Dharan demanding that the government designate Easter to be a public holiday. UCAN reports that in newly secular Nepal, normally Sunday is a working day and Saturday is the weekly day off.

Christian Law School's Grads Increasingly Hired By Justice Department

Sunday's Boston Globe carries a story on the growing influence of Regent University Law School graduates in the Bush administration's Justice Department. The school, founded by televangelist Pat Robertson, is focused on graduating Christian leaders who will change the world. Regent graduates began to be hired in significant numbers after the 2001 appointment of Regent's government school dean to be director of the federal Office of Personnel Management. Among the graduates who have been hired by the Justice Department is Monica Goodling, the former aide to Attorney General Alberto Gonzales who resigned Friday in the midst of the growing controversy over the firing of eight US Attorneys. [Thanks to Blog from the Capital for the lead.]

Celebrity Couple Face Criminal Prosecution In India Over Wedding Rites

English actress Liz Hurley and her new husband, Indian-born businessman Arun Nayar, face criminal charges in a court in India growing out of their wedding ceremony. Today's This Is London and M&C report on the charges brought by Vishnu Khandelwal, a devout Hindu, who claims that the couple's wedding last month at the Meherangarh Fort in Rajastha violated Hindu custom. He alleges that the couple drank alcohol, that Liz refused to remove her shoes and that the couple kissed in front of cameras during the ceremony. It is also claimed that Hurley wore too skimpy a dress. Liz and Arun are charged under Section 295A of the Indian Penal Code with intentionally causing outrage the feelings of Hindus by insulting their religious and ritualistic beliefs.

Media also reported that Arun's father, Vinod Nayar, has agreed to testify against the couple. Apparently Vinod has disowned his son because of the way Vinod and his wife were treated at the wedding celebrations. If found guilty, Liz and Arun could be fined and sentenced to up to three years in prison.

The complaint against Liz and Arun was initially filed last month, and ITN reported then that the real concern of those filing charges was that the couple had first been married in a Christian ceremony in England, so they were not eligible for a subsequent Hindu wedding. Their attempt to have a Hindu wedding in India as a second ceremony was seen as an attempt to spread Christianity.

Pennsylvania County's No-Smoking Law Impacts Churches

Last Friday's Pittsburgh Catholic reported on a memo sent by the Office for Legal Services of the Catholic Diocese of Pittsburgh on Allegheny County, Pennsylvania's new no-smoking ordinance. The memo attempted to clarify when the no-smoking ban applies to church properties. It applies to parish offices, but not to priests' living quarters. There is an exemption for fund-raising events on parish premises if only unpaid volunteers are used to run the event and if no one under 18 years old is admitted to the premises during the event.

8th Grader's Book Report Creates Church-State Issue

Mt. Washington Middle School in Bullitt County, Kentucky is in the midst of a new church-state battle, according to today’s Louisville Courier-Journal. An 8th grade teacher had given an assignment for each student to write a book report on a book of the student’s choice. Alex Thomas wrote his report on the Bible’s Book of Acts. The teacher videotaped the students reading their reports and began broadcasting them to the school during morning announcements. However, the school's principal, Denise Allen, ended the broadcasts saying that broadcasting young Thomas' report might violate the Establishment Clause and that some of the other 8th grader's book choices might not be appropriate for younger students. However, Thomas' mother says that this violates her son's constitutional rights. She said: "I feel that Christian kids should be allowed to speak about their faith and not be ashamed." She said she has contacted the American Center for Law and Justice that says the school should have merely attached a disclaimer saying that the reports do not necessarily reflect the school's views, instead of ending the broadcasts of the reports.

European Court Rules For Scientologists Against Russia

Last week, the European Court of Human Rights held that Russia had violated provisions in the European Declaration of Human Rights that protect freedom of religion, conscience , and association when it repeated denied re-registration under Russia’s new Religions Law to the Church of Scientology. The Court awarded damages, and said that it was up to the government of Russia to determine how to meet its obligations under the ECHR. It could grant re-registration, remove the requirement to obtain re-registration from the Religions Act, or re-open the domestic proceedings on the Church’s application. The full opinion in Church of Scientology Moscow v. Russia (ECHR, April 5, 2007) is available online, as is a Press Release summarizing the judgment.

A report by Religion News Service says that the judgment will force other European countries to change policies that do not treat Scientology as favorably as other religions.

Preliminary Injunction Against U. Wisconsin Clarified

[Revised] A Wisconsin federal district court has clarified a preliminary injunction that it originally issued on March 9 . The injunction was intended to prevent the University of Wisconsin- Madison from enforcing its non-discrimination policy against the Roman Catholic Foundation in a way that would have prevented its campus chapter from limiting membership to Catholics. However the original order might have been read more broadly than that. So in University of Wisconsin- Madison Roman Catholic Foundation v. Walsh, 2007 U.S. Dist. LEXIS 25670 (WD WI, April 4, 2007), the court issued a new order apparently intended to enjoin enforcement of the Board of Regents' Non-Discrimination Resolution only insofar as it forces inclusion of non-Catholic members in the Foundation. The court also held that it is irrelevant that the Foundation might voluntarily allow non-Catholics to become members since the court's order is concerned with preventing the University forcing non-Catholic members on the group.

Bills On Religion In Schools Introduced In Texas

Jews On First on Friday carried a long posting on Texas House Bill 1287 which would require all Texas school districts to establish elective courses in the history and literature of the Old and New Testaments eras. The bill requires that the Bible itself be used as the basic text for the courses-- a requirement that the Texas Freedom Network recommends be dropped. It also recommends other safeguards be added, such as appropriate training for teachers. The bill has elaborate provisions to protect teachers' and students' choice of the version of the Old and New Testament they will use in the course. It allows teachers to assign other supplemental readings, including material from outside the Judeo-Christian tradition. The bill requires that the courses be taught in an objective, non-devotional manner that does not promote commitment to particular religious beliefs. Critics of the pending bill nevertheless argue that it is tailored to promote a conservative Christian agenda.

Meanwhile, another Texas legislator has introduced the Religious Viewpoint Anti-Discrimination Act (H.B. 3678) into the Texas legislature. OneNewsNow reports that the bill's sponsor, Rep. Charlie Howard, says that the bill is aimed at preventing schools from censoring the religious speech of students. The bill sets out a Model Policy that schools may adopt in order to comply with the bill's provisions.

3 NYPD Officers Fail To Plead That AA Infringed Rights; One Pleads Enough

In four separate cases decided on March 30 by the federal district court for the Eastern District of New York, the court considered claims by New York City police officers that the Establishment Clause was violated when they were forced into participating in Alcoholics Anonymous. In three of the cases, the court held that plaintiffs had failed to adequately plead that their First Amendment rights were infringed. They alleged only that the program was "religious based," but did not indicate whether they were forced to pray or acknowledge God, or whether there were any references to God at all in the program. The cases are Bueno v. City of New York, 2007 U.S. Dist. LEXIS 24766 ; MacShane v. City of New York, 2007 U.S. Dist. LEXIS 25014; and Miller v. City of New York, 2007 U.S. Dist. LEXIS 25016. However, in a fourth similar case decided the same day, the court held plaintiff's allegations that his rehabilitation program made "references to God" to be sufficient to state a claim for a violation of his freedom of religion because a reference to any god is a preference of "religion to irreligion." McNamara v. City of New York, 2007 U.S. Dist. LEXIS 25015. [Revised.]

Recent District and Circuit Court Prisoner Free Exercise Cases

In Armstrong v. Beauclair, 2007 U.S. Dist. LEXIS 24008 (D ID, March 29, 2007), an Idaho federal district court concluded that various Idaho correctional officials and members of the Idaho Parole Commission violated the Establishment Clause by requiring an inmate, over his religious objections, to attend a religiously-based prison rehabilitation program prior to considering his eligibility for parole. The court required that the inmate be granted a new parole eligibility interview and hearing at which his refusal to attend AA sessions would not be considered. It also permitted plaintiff to move ahead with his damage claims against some, but not all, of the defendants.

In Johnson v. Sherman, 2007 U.S. Dist. LEXIS 24098 (ED CA, April 2, 2007), a California federal district court rejected a Rastafarian prisoner's request for a preliminary injunction to prevent prison officials from requiring him to submit to a tuberculosis skin test. The court found that the state had a compelling interest in requiring the test.

In Thomas v. Montana State Prison, 2007 U.S. Dist. LEXIS 25088 (D MT, April 4, 2007), a Montana federal district court affirmed a magistrate's decision rejecting the claim of a member of the Asatru Odinist faith that he was denied access to texts, tools and land necessary for religious worship.

In McFarland v. Ellis, 2007 U.S. Dist. LEXIS 25126 (ED CA, April 3, 2007), a California federal Magistrate Judge permitted a Muslim inmate in a federal prison to proceed with free exercise, equal protection and RLUIPA claims. Plaintiff claimed that he was denied a ceremonial meal to celebrate Eid-ul-Adha (feast of sacrifice), while Jews and Christians were accommodated with special food on their holidays.

In Spratt v. Rhode Island Dept. of Corrections, (1st Cir., April 6, 2007), the U.S. 1st Circuit Court of Appeals reversed a lower court and held that under RLUIPA, Rhode Island had failed to justify its blanket ban on inmates preaching to other inmates. It failed to show that the state's interest in prison security was furthered by the application of the ban to plaintiff who had been preaching in prison for seven years under a prior warden without incident. The Boston Globe on April 7 reported on the decision. (See prior related postings, 1, 2.)

In Safouane v. Fleck, (9th Cir.,March 30, 2007), the U.S. 9th Circuit Court of Appeals affirmed a lower court ruling that a Muslim prisoner's free exercise rights were not infringed when correctional authorities refused to permit her to wear her hijab in jail. Much of the decision, as well as the dissent, focused on other claims in the case.

In Nelson v. Runnels, 2007 U.S. Dist. LEXIS 25327 (ED CA, March 22, 2007), a California federal Magistrate Judge rejected as too vague a prisoner's allegations of RLUIPA violations. Plaintiff alleged that defendants had denied him access to religious services and threatened him for not complying with the grooming standards.

In Keen v. Noble, 2007 U.S. Dist. LEXIS 25211 (ED CA, April 4, 2007), a California federal Magistrate Judge recommended dismissal of First Amendment and RLUIPA claims by a prisoner of the Asatru faith. Plaintiff had requested that he be permitted to possess "runestones" as personal religious property and to construct a "hof" in which to conduct religious practices.

Pope Attempts To Re-Christianize Europe

The cover story in Easter Sunday's New York Times Magazine is on Pope Benedict XVI's attempt to re-Christianize Europe. Titled Keeping the Faith, the wide-ranging article on the Pope's background and beliefs and on the state of Christianity in Europe today concludes:

Benedict may be right that the Catholic Church has a world-historic chance to transform Europe and bring about change. But the church's own strictures could work against that. The paradox may be that for all his stylistic softening as pope, Joseph Ratzinger's own labors through the decades, applying his life experience with such rigor to protecting and preserving the church, are precisely what prevent Europeans from reconnecting with their roots. "Think of the silencing of theologian in recent decades," said Father Reese, the former editor of the Jesuit journal America. "The suppression of discussion and debate. How certain issues become litmus tests for orthodoxy and loyalty. All of these make it very difficult to do the very thing Benedict wants...."

Easter At The White House

On Friday, President George W. Bush issued his 2007 Easter Message (full text). It says in part: " In this season of renewal, we can rejoice in Christ's rising, draw strength and inspiration from His example, and remember that in the end, even death itself will be defeated. This Easter we pray for all our men and women in uniform and for the military families whose loved ones are deployed on important missions in distant lands. We remember especially those who have given their lives in freedom's cause. On this powerful day, let us join together and give thanks to the Almighty for the glory of His grace."

The White House Visitor Center features the traditional State Easter Egg Display of eggs decorated by artists from each state and the District of Columbia.

On Monday, the White House will host the annual White House Easter Egg Roll. The event has become increasingly politicized in recent years. CNS News reports that this year again the Family Pride Coalition is organizing lesbian, gay, bisexual, and transgendered parents and their families from all over the country to line up for tickets to the event. Anti-war groups plan to use this year's event to demonstrate against the war in Iraq. While the Easter Egg hunt is taking place on the South Lawn of the White House, the Vineeta Foundation and other groups will be sponsoring "the inaugural annual (Not So) White House Cluster Bomb Hunt" across from the White House at Lafayette Square.

Easter Service At Daley Plaza Raises Church-State Issue

At city-owned Daley Plaza in Chicago, a 19-foot cross was put up on Good Friday, and it will remain for a sunrise Easter Sunday religious service. WBBM780 reports that permitting the Sunday service on public property has raised some church-state objections. However, one of the planners of the sunrise service, attorney Thomas Brejcha, says that the Plaza is a public forum, and people should be able to use it to express religious ideas as well as political ones.

Scholars Analyze Defenders of Sectarian Government Invocations

Today's Winston-Salem Journal carries an interesting article analyzing the highly emotional debate in Forsyth County, North Carolina, over the sectarian invocations that have traditionally been offered at county commission meetings. Last month, the county commissioners were sued to end the practice. Bill Leonard, the dean of the Divinity School at Wake Forest University, said that attacks on sectarian prayers are attacks on the prestige and majority status of Protestants. Duke Divinity School professor Curtis Freeman agrees, saying "It's all about maintaining cultural control."

Article Profiles Alliance Defense Fund

Earlier this week, the Washington Spectator ran a long article on the activities of the Alliance Defense Fund, titled: Army of God-- The Legal Muscle Leading the Fight to End the Separation of Church and State. Here is an excerpt:

Through its National Litigation Academy, ADF has trained more than 900 lawyers, who commit themselves to performing 450 hours of pro bono legal work "on behalf of the body of Christ." It doles out millions of dollars a year to other Christian Right organizations—many of which are already well endowed—to cover attorneys' fees and costs.

Its three principal goals are protecting the "sanctity of human life" ...; promoting the "traditional family" ...; and ensuring the "religious freedom" of Christians.... Using the propaganda machinery of conservative media outlets and churches, ADF has created a zeitgeist of Christian victimhood....

(See prior related posting.)

Two Break-Away Church Cases Make News

The Grand Rapids Press reports that a state circuit court ruled on Friday it lacked jurisdiction to decide the disputed ownership of the historic Lamont, Michigan building housing the Lamont Christian Reformed Church. Instead, the issue must be decided by the congregation's parent body. In 2005, a majority of the church members broke away after their pastor-- convicted of drunk driving and obscene and disorderly conduct-- was deposed by the parent Christian Reformed Church. Those members sued claiming a right to the church building. However they failed to follow the parent church's guidelines for disaffiliation. The court held that the Christian Reformed Church has a hierarchical form of government. Property disputes "must be resolved through the denomination through its deliberative and adjudicative bodies." [Thanks to Brian D. Wassom for the lead.]
UPDATE: Here i s the full opinion in Lamont Community Church v. Lamont Christian Reformed Church, (MI Cir. Ct., April 4, 2007). [Again thanks to Brian Wassom.]

Meanwhile, yesterday's Rocky Mountain News reported that Colorado's largest Episcopal parish-- Grace Church and St. Stephen's in Colorado Springs-- has filed suit in state court asking a judge to declare that Colorado's Episcopal Diocese does not own the assets of the parish. Last month the parish-- upset over liberal rulings of the Episcopal church nationally-- voted to join the Convocation of Anglicans in North America, a missionary diocese affiliated with the Church of Nigeria. The Colorado Diocese than began to inform banks holding accounts of the parish that the break away members of the parish did not own the church's assets. Instead, it claimed, the bank accounts belong to members who remain loyal to the Episcopal Church USA and the Colorado Diocese.

Christian Terrorism Simulation In New Jersey School Outrages ACLJ

NewsMax yesterday reported that the American Center for Law & Justice has complained to New Jersey's Burlington Township High School about a simulated terror attack used to train students to respond to a real emergency. In the simulation, two armed policemen pretending to be members of a right wing fundamentalist Christian group forced their way into the school and pretended to shoot students in the hallways. Then they took 10 students hostage and locked themselves in the school’s media center. Supposedly the intruders were angry because the daughter of one of them had been expelled for praying before class.

ACLJ's letter to school officials argues that the simulation, and particularly the publicity about it, violated the Establishment Clause by targeting and publicly demeaning the Christian religion. The letter demanded a public apology. ACLJ said that no other group in America would tolerate that kind of hostility.

Florida Condo Will Permit Mezuzahs

Under pressure from the Florida Attorney General's office, a Fort Lauderdale condominium board has agreed that residents will be allowed to attach mezuzahs to the outside doorposts of their apartments. However residents will be required to ask for approval from the condominium board before putting up a mezuzah. Today's South Florida Sun-Sentinel reports on the developments. (See prior posting.)

NY Church Can Rent State Space; But Lawsuit Continues

After being sued last week by the Alliance Defense Fund, state officials have agreed to rent space in the Dulles State Office Building in Watertown, New York to the Relevant Church for it to use for Easter morning services. Newswatch50, however, reports that the lawsuit will continue in order to get the state to broadly change its policy that excludes religious groups from renting state-owned facilities.

Texas Legislator Walks Out On Muslim Prayer

On Wednesday, the invocation opening the session of the Texas Senate was offered by Imam Yusuf Kavacki. However when he offered blessings from the Koran, Sen Dan Patrick walked out in protest. He said: "we are a state of nation with freedom of religion under which we are entitled to pray and that is remarkable. But in many parts of the world, Jews and Christians would not be given that same right.... We are a nation that allows a Muslim to come in with a Koran but does not allow a Christian to take a Bible to school ... We are a Judeo-Christian nation, primarily a Christian nation." Yesterday's Daily Texan criticizes Patrick's actions.

Workplace Religious Freedom Act Compromise May Be Evolving

Haaretz yesterday carries an interesting article on the compromise proposals that are developing in the attempt to obtain enactment of the Workplace Religious Freedom Act by the U.S. Congress. (See prior related posting.) Some 40 faith organizations across the political spectrum favor the bill that would assure accommodation of religious beliefs in the workplace. However, a number of civil rights groups fear that the bill will be used by conservatives to harass gays and lesbians, proselytize co-workers, refuse to fill contraceptive prescriptions for women, and refuse to protect abortion clinics. Now at least two Jewish groups-- ADL and Hadassah-- favor a compromise that would limit the bill to claims involving religious dress and grooming, and time off for religious observance. A number of other Jewish groups however oppose any weakening of the original bill.

British County Refuses To Fund Easter Cross

For years in the British county of Lancashire, church volunteers have put up a large cross in the St. Annes' town square at Easter time. Now however, according to yesterday's Daily Express, European Union health and safety rules require that they hire contractors for the job. However, Lancashire County Council has refused to fund the costs of contractors saying that it would be an improper use of county funds. This in turn has led to a protest by residents who claim that the county is wrong in thinking that non-Christians would be offended by the cross. MP Philip Davies called the council decision "completely barmy".

Jews for Jesus Win Right To Leaflet In Two Cases

A New York trial court on Wednesday found that an Oyster Bay, New York permit ordinance is unconstitutional, and dismissed criminal charges against a member of Jews for Jesus who was arrested for handing out religious literature in an Oyster Bay park. In People v Mendelson, (Nassau Co. Dist. Ct., April 4, 2007), the court held that the ordinance contains no guidelines for the Town Board to use in deciding whether to grant or deny a permit. The ordinance was found to be unconstitutional on its face because of the complete discretion given to officials in deciding whether to permit leafleting in Oyster Bay parks.

Meanwhile in Los Angeles, a federal judge on Monday issued a preliminary injunction protecting the rights of members of Jews for Jesus to hand out literature in public parks. In Jews for Jesus v. City of Los Angeles, (CD CA, April 2, 2007), the court ordered police to protect Jews for Jesus members who plan to hand out literature outside the Israel Independence Day Festival planned for later this month in Los Angeles' Woodley Park. However, distribution must be at least 10 yards away from the festival entrance. An ADF release discusses the decision.

Former MI State Trooper Says He Cannot Be A Chaplain

The Associated Press today reports that a retired Michigan state trooper has filed an unusual civil rights claim arguing that he is being pressured to serve as a chaplain even though he is not ordained. The police officer was injured in an auto accident while on the job. Initially the state granted him workers' compensation payments, but later terminated them because he refused to accept a position as a Department of Corrections chaplain. Former trooper Bruce Paris, a Pentecostalist, holds a master's degree in biblical studies, but says that his conscience will not permit him to work as a member of the clergy without being called. A bishop of the Church of God In Christ says that it would violate church doctrine for Paris to take the chaplain position.

Another City Authorizes A 10 Commandments Monument

On Tuesday, the Bloomfield, New Mexico City Council voted unanimously to authorize a Ten Commandments monument in front of Bloomfield City Hall. The monument will cost between $5 and $6 thousand. A fund has been set up through a non-profit religious organization to permit individuals to make contributions independently or through their churches. Yesterday's Farmington (NM) Daily Times reported Council rejected the suggestion that other historic documents be put up along with the Ten Commandments. Shirley Olbert, a retired history teacher who supports the proposal said: "The Ten Commandments are basically a law of the land from a historical standpoint — it's what our Founding Fathers used to reflect a lot of their issues and our historical documents."

Challenge To Faith-Based Jail Program Settled

On Tuesday, a settlement agreement was filed in a Scranton, Pennsylvania federal district court in a suit that had challenged a proselytizing faith-based vocational training program that was operated at the Bradford County jail. The Towanda (PA) Daily & Sunday Review reported on the settlement. Without admitting wrongdoing, the county agreed not to use public funds to support religious activities or maintain buildings primarily used for religious activities. It also agreed not to discriminate on the basis of religion in publicly funded programs. The Firm Foundation program, which ended in 2005, had been designed to train prisoners in life skills. (See prior posting.)