European Court Finds Russia Violated Religious Rights of Jehovah's Witnesses

On Thursday, the European Court of Human Rights handed down a decision in Kuznetsov and Others v. Russia, (Application No. 184/02, Jan. 11, 2007), finding that various actions by the Russian government that disrupted religious services being held by Jehovah's Witnesses and which led to the termination of their lease for an auditorium in which to hold services violated their religious freedom as protected in Article 9 of the European Convention on Human Rights. The Institute On Religion and Public Policy issued a release detailing more information about the decision.

School Board Requires Opposing Views On Climate Change After Religious Objection To Gore's Film

In Federal Way, Washington, the School Board last week required that teachers showing Al Gore's film on climate change, An Inconvenient Truth, must also present their classes "a credible, legitimate opposing view" to Gore's views on global warming. In addition, teachers must obtain consent of the principal and superintendent to show the film. The Seattle Post-Intelligencer on Thursday reported that the school board action followed a complaint by parent Frosty Hardison-- who also believes in teaching creationism and opposes sex education in schools. Hardison said: "Condoms don't belong in school, and neither does Al Gore. He's not a schoolteacher. The information that's being presented is a very cockeyed view of what the truth is. ... The Bible says that in the end times everything will burn up, but that perspective isn't in the DVD." Meanwhile, Hardison's wife Gayla, said: "If you're going to come in and just say America is creating the rotten ruin of the world, I don't think the video should be shown." School board President Ed Barney said that the district has a policy of presenting both sides of controversial issues. [Thanks to Ronald L. Chichester for the lead.]

9th Circuit Vacates State Constitutional Challenge To Mt. Soledad Cross As Moot

Yesterday, in Paulson v. City of San Diego, (9th Cir., Jan. 12, 2007), the U.S. 9th Circuit Court of Appeals dismissed an appeal as moot and ordered the lower court to vacate its May 3, 2006 order to enforce a 1991 injunction to remove the Mt. Soledad cross from its prominent display on city land. The federal district court had found that the display of the cross violated provisions in California's constitution on separation of church and state. Last year, federal legislation divested the city of title to the land and transferred the Mt. Soledad Veterans War Memorial to the United States. So the city no longer has any interest in the Memorial and the federal government is not subject to the provisions of the California constitution. Today's San Diego Union-Tribune and North County Times covered the decision.

Clergy Abuse Claims Against Vatican May Proceed In U.S. Court

In O'Bryan v. Holy See, (WD KY, Jan. 10, 2007) [available in PACER], a Kentucky U.S. District Court issued an 18-page opinion interpreting the Foreign Sovereign Immunities Act (FSIA) to permit certain claims relating to clergy sexual abuse in the United States to be brought against the Vatican. It held that while the Vatican is a foreign state covered by the FSIA (see prior posting), the "tort exception" to the Act permits some of plaintiffs' claims to be brought in U.S. courts. It held that to the extent that archbishops, bishops and priests acted in the United States as officials or employees of the Vatican pursuant to Holy See policy, they were acting within the scope of their employment. The Vatican can thus be liable for clergy's failure to warn parishioners that their children would be under the care of known or suspected pedophiles, and for failing to report known or suspected abusers to state and local authorities. However the court left open the possibility that future evidence might show that the Holy See does not exert sufficient control over clergy to make them officials or employees of the Vatican.

Yesterday's Louisville Courier-Journal reporting on the decision quoted plaintiffs' attorney William McMurry who said that the lawsuit could lead to attorneys taking depositions of Vatican officials, obtaining copies of church documents and ultimately determining "what prompted all of the bishops to keep quiet, hide these pedophiles and refuse to report child abusers.".

Commentary: The First Amendment Dilemma In The Battle Against Islamic Terrorism

In the 1943 Flag Salute case that upheld the right of Jehovah's Witness students to refuse to salute the flag, Justice Robert Jackson wrote the following paragraph that has come to be seen as the essence of First Amendment protections: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us." Since 9/11, a troubling question has been whether government officials may prescribe what is orthodox Islam in an attempt to distinguish radical jihadists-- who the U.S. is fighting-- from other Muslims whose religious practice the U.S. is dedicated to protect. Two developments this week point up the problem.

President Bush, speaking yesterday to military personnel and families at Ft. Benning, Georgia (full text) arguably attempted to define what is and is not a valid religious belief. He said: "It's important for the American people to understand al Qaeda still is in Iraq.... They don't believe in freedoms, like freedom to worship. I, frankly -- well, speaking about religion, these are murderers. They use murder as a tool to achieve their objective. Religious people don't murder. They may claim they're religious, but when you kill an innocent woman, or a child to create a political end, that's not my view of religion. And yet, there are a lot of peaceful, religious people in the Middle East."

On Tuesday the House of Representatives passed HR 1, a bill implementing recommendations of the 9/11 Commission. Title XIV is titled "Quality Educational Opportunities in Arab and Predominantly Muslim Countries". The bill establishes a fund to encourage educational reform in Arab and predominantly Muslim countries. One of the bill's goal is to "dramatically increase... the availability of modern basic education through public schools in Arab and predominantly Muslim countries, which will reduce the influence of radical madrassas and other institutions that promote religious extremism." (Sec. 1411(b)(1)). Is Congress here attempting to supplant the teaching of Islamic fundamentalism with a version of Islam that it finds more acceptable? If that is a fair characterization of the bill, are there any First Amendment objections to it?

Court Orders Release of Diocese Records To Insurance Companies

Yesterday's Boston Herald reported that Berkshire Superior Court Associate Justice John A. Agostini has ordered the Roman Catholic Diocese of Springfield, Massachusetts to release nearly 7,500 pages of documents to insurance companies that the Diocese is suing in order to get them to cover claims of 57 people who allege they were sexually abused by priests. The court rejected the Diocese's claim that the records are protected by the First Amendment or by the priest-penitent of psychotherapist-patient privilege. However the court agreed that some of the records are protected by the lawyer-client privilege. Insurers want to determine how the Diocese handled allegations of sexual abuse by priests when they received complaints. (See prior related posting.)

Rabbis Tell Congress To Raise Minimum Wage

The Religious Action Center of Reform Judaism reports that 450 rabbis and rabbinical students sent a letter to every member of Congress yesterday in support of an increase in the minimum wage to $7.25 per hour. Rabbi Jill Jacobs, Director of Education at Jewish Funds For Social Justice, is an authority on wage issues in Jewish law. Supporting the letter, she said: "Jewish labor law rests on the assumption that a full time worker shall earn enough to support his/her family."

New Jersey AG Says Clergy Need Not Perform Civil Unions

New Jersey Attorney General Stuart Rabner yesterday issued written advice to the State Registrar of Vital Statistics concluding that, when a New Jersey law authorizing civil unions takes effect on February 19, members of the clergy are not required to perform civil union ceremonies if doing so would conflict with "sincerely held religious beliefs". However public officials who are available to solemnize marriages would be violating the state's anti-discrimination laws if they refuse to also solemnize civil unions. (Press release; full text of letter.) The Associated Press reported on the AG's letter.

FDA's Approval Of Cloned Animals Poses No Issue For Kashrut Certification

While some conservative religionists have objected to the Food and Drug Administration's recent approval of the safety of milk and meat from cloned animals (see prior posting), apparently cloned animals pose no problems for Orthodox Jewish determinations of whether meat is kosher. Wednesday's Washington Jewish Times reports that Maryland Rabbi Yitzchok Breitowitz said: "I do not see a kashrus issue here. Judaism as a whole does allow us to use creative ways of reproduction." Avrom Pollak, head of the Star-K agency that certifies food as kosher, said: "If it looks like a cow, if it chews its cud like a cow, if it has split hooves like a cow, then it's a cow; and how it got to be a cow does not affect its kosher status."

Church's Proposed Deal With High School Debated

Los Angeles' Daily Breeze yesterday reported on an unusual proposal for use of El Segundo, California High School premises on Sundays by El Segundo Foursquare Church. Last November, a bond measure to repair the school's auditorium failed to pass. So now it is proposed that Foursquare Church will pay for $180,000 worth of renovations, in addition to paying a monthly rental, in exchange for using the school all day each Sunday. Loyola Law School Professor Kurt Lash said: ""If this is a unique deal that has not been offered to anybody else and is unlikely to be offered to anybody else, we might have a problem here as a public facility showing preference and getting uniquely involved with a religious group."

6th Circuit Holds Hospital Did Not Waive Reliance On Ministerial Exception To ADA

Yesterday, in Hollins v. Methodist Healthcare Inc., (6th Cir., Jan. 10, 2007), the U.S. 6th Circuit Court of Appeals held that the ministerial exception to claims under the Americans With Disabilities Act requires dismissal of a discrimination claim brought by resident in the clinical pastoral educational program of a religiously affiliated hospital. The court refused to accept plaintiff's argument that the hospital had waived its right to rely on the ministerial exception by agreeing it would not discriminate on the basis of disability when it sought and obtained accreditation from the Association of Clinical Pastoral Education. [Thanks to Blog from the Capital for the lead.]

Israeli Activist Claims House Arrest Monitoring Violates His Religious Freedom

In Israel, Avraham Zarbiv, an Haredi (ultra-Orthodox Jewish) activist, was removed from house arrest and placed in jail because he refused to wear an ankle bracelet to monitor his movements on the Sabbath. Yesterday's Jerusalem Post reports that there is a disagreement among Orthodox rabbis over whether wearing the bracelet is consistent with Sabbath restrictions. Haredi activists view the court's order against Zarbiv as an attack on religious freedom.

Rehearing and En Banc Review Sought In Boy Scouts Case

As previously reported, on December 18, 2006, in order to avoid deciding a federal constitutional question, the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in Barnes-Wallace v. Boy Scouts of America. The lawsuit challenges the constitutionality of the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The 9th Circuit asked the California court to consider whether the leases, under state law, unconstitutionally provide support for a creed. However, on December 26, the 9th Circuit issued another order requesting the California Supreme Court to delay considering the certified questions because a 9th Circuit judge had filed a notice that might lead to en banc review. In a press release issued last week, the Boy Scouts revealed that they had filed a petition for rehearing and for en banc review with the 9th Circuit. The petition to the 9th Circuit (full text) argues that the panel majority's decision on standing was in conflict with controlling US Supreme Court decisions, and that it ignored the procedural posture of the case and failed to include the facts necessary for an informed resolution of the certified questions. [Thanks to How Appealing for the lead.]

House of Lords Refuses To Reject Sexual Orientation Anti-Discrimination Rules

Despite demonstrations and pressure from Christians, on Tuesday the House of Lords defeated a motion to reject Northern Ireland's Sexual Orientation Regulations. Gay.com reported yesterday that the Lords voted 199 - 68 to reject a motion by Lord Morrow who had argued that "the regulations threaten to override the conscience and free speech of Christians". (See prior related posting.)

Bus Company Sued By Employees For Religious Discrimination

Yesterday's Minneapolis Star Tribune reported that nine current and former employees of MV Transportation Inc. have filed a religious discrimination suit under both state and federal law in federal district court in Minneapolis. Among the allegations are that an MV manager read Bible passages to the employees, seven of whom are Muslim, confiscated their prayer rugs and forced them to listen to loud Christian music. The suit also alleges various acts of national origin discrimination. The Equal Employment Opportunity Commission investigated the employees' complaints and issued "right to sue" notices to them.

Egyptian Official Opposes Wearing of Niqab

Middle East Online yesterday reported that an aide to Egypt's Minister of Religious Endowments expelled a religious counselor attending a training session for religious advisors and prayer leaders because she refused to remove her niqab (full face veil). Minister Hamdi Zaqzuq, who opened the training session, later said: "I totally reject the niqab (face veil). No religious counselor needs to wear it since it is not required by Islamic law."

No Tax Exemption For Combined Synagogue- Living Quarters

In Sephardic Congregation of S. Monsey v Town of Ramapo, (Sup Ct Rockland Co. NY, Jan. 8, 2007), a New York state trial court has held that property owned by s Sephardic Jewish congregation and used both as its synagogue and as a residence for its rabbi is not tax exempt. Because the property is not used primarily for religious services, it is not exempt under RPTL 420-a. Because the rabbi has full-time outside employment as a special education teacher at a school, Yeshiva of North Jersey, he is only a part-time clergyman for the synagogue and, as such, the residence is not exempt as a parsonage under RPTL 462. Today's Lower Hudson Journal News covers the decision.

Litigation Looms Over Property of Breakaway Anglican Churches In Virginia

After nine Virginia Episcopal congregations voted last month to break away from the Episcopal Church of the United States and affiliate instead with the Anglican Church of Nigeria (see prior posting), they signed an agreement with the Episcopal Diocese of Virginia in which both sides pledged not to bring litigation over church property. The 30-day standstill agreement would automatically renew unless either side opted out. Today's Washington Post reports that the Diocese of Virginia, saying that the churches are not interested in working on a compromise, has now elected not to renew the agreement. It is planning-- after the initial agreement's expiration next Wednesday-- to take steps to claim the property of all nine churches while it is considering each church's situation on a case by case basis. Some of the nine churches are refusing to permit congregants who opposed the break off to hold their own separate services on church premises.

Italian Bishop Criticizes Proposed Law On Religious Equality

Giuseppe Betori, the secretary of the Italian Bishops' Conference, spoke out today in opposition to a draft law being considered by the Italian Parliament that would grant equal rights to all religious faiths in predominately Catholic Italy. Even though Catholicism is no longer the official state religion in Italy, it still enjoys some preferences. AKI says Betori told Parliament's Commission on Constitutional Affairs: "In the current constitutional context, the equal freedom of each confession does not imply full equality. The state should be careful not to sign too many agreements."

VA's Spirituality Assessment of Patients Does Not Violate Establishment Clause

On Monday, according to the Associated Press, a Wisconsin federal district court rejected an Establishment Clause challenge to the Veterans Administration practice of giving most patients spiritual assessments that include questions about their religious observance as part of a holistic treatment program. The VA says it believes that spirituality should be integrated into health care, but it allows patients to decide whether that involves religion. The court concluded that the VA program serves a valid secular purpose. The opinion said: "The choice to receive spiritual or pastoral care, the choice to complete a spiritual assessment, and the choice to participate in a religious or spiritually based treatment program always remain the private choice of the veteran. Accordingly, there is no evidence of governmental indoctrination of religion." (See prior related posting.)

The case was brought by the Freedom From Religion Foundation. The Madison (WI) Capital Times quotes FFRF spokesperson Annie Laurie Gaylor who criticized the judge's decision: "He just didn't get it. Part of his decision stated that VA chaplains are there to bring healing through God's grace and he said it without putting it in quotes. Does his courtroom operate that way, too?"

UPDATE: The full opinion in Freedom From Religion Foundation , Inc. v. Nicholson,(WD WI, Jan. 8, 2007) is now available online. Also BBS reported on Thursday that FFRF will appeal the district court's ruling.

Controversial Navy Chaplain's Discharge Upheld

After having previously refusing to grant a temporary restraining order (see prior posting), last week, according to yesterday's Navy Times, a federal district court in the District of Columbia refused to grant an injunction to Navy Chaplain Gordon J. Klingenschmitt to keep him in the Navy beyond his January 31 discharge date. The controversial Chaplain who has been challenging the Navy's policy on sectarian prayers by chaplains resigned from the Evangelical Episcopal Church and obtained a new endorsement as a chaplain from the Full Gospel Church. The Navy treated this as a new application and rejected it. Klingenschmitt claims that the Navy has permitted as many as 42 other chaplains to change endorsers without losing their positions.

UPDATE: On January 24, the Air Force Times reported that Klingenschmitt asked the Court of Appeals for the D.C. Circuit to reconsider the district court's denial of an injunction to prevent his discharge.

Arizona Supreme Court Rejects Original Jurisdiction In School Voucher Challenge

Without comment yesterday, the Arizona Supreme Court refused to hear a challenge to two new state tuition grant programs offering school vouchers to foster parents and parents of disabled children. The ACLU and People for the American Way brought the challenge directly in the state Supreme Court claiming that the programs violate state constitutional prohibitions against public funding for private and religious schools. Reporting on the decision, the Associated Press said that plaintiffs can now refile the case in a trial court. Praising the court's decision, the Institute for Justice said that judicial precedent indicates that the voucher programs are constitutional. In a press release it said: "School choice opponents should stop their legal battle against programs that simply empower parents choose the educational environment that best suits their children."

North Carolina Pastor Seeking Support For Christian Prayer At City Council

In Thomasville, North Carolina, Rev. Donnie Lunsford was concerned that only 50 people turned out for a City Council meeting last month at which City Councilman Dwight Cornelison proposed including Christian prayers at Council meetings. So Lunsford is planning a Feb. 3 breakfast billed as a "Christian involvement conference" to increase support for Cornelison's proposal, according to yesterday's Lexington (NC) Dispatch. Cornelison is attempting to create a policy that will both allow Christian prayer and pass Constitutional scrutiny. He says that options are offering invocations before meetings are officially called to order; having council members pray only for themselves instead of on behalf of the entire city; or to inviting clergy on a rotating basis from various faiths. Councilman Cornelison supporting Rev. Lunsford's "involvement conference" said: "We're going to dispel the rumors that Christians can't be involved.... God ordained government, church and the family. It's a Christian duty and obligation to participate in civil government."

Maryland Non-Public Schools Seek Additional State Aid

The Maryland Catholic Conference and the Maryland Nonpublic Schools Legislative Coalition hosted a series of conferences around the state on Monday to build support for proposals to increase Maryland funding for non-public schools. Southern Maryland Online today reports that the groups' legislative goals for 2007 are (1) to increase funding for the Nonpublic School Textbook and Technology Program; (2) to include nonpublic school teachers in benefits already available to public school teachers, such as teacher scholarships and the Quality Teacher Incentive Tax Credit; and (3) to enact a Maryland tax credit for businesses who contribute to both public and nonpublic schools.

Michigan School Board Rejects Bible As Literature Class

After lengthy testimony on both sides of the issue at a Board of Education meeting, the Howell, Michigan Board of Education decided against offering a class on the Bible as literature in its school system. Today's Livingston (MI) Press & Argus reports that the motion to approve the curriculum made by board member Wendy Day died for want of a second. A committee of the social study teachers had decided not to recommend the new course because a world religion course already covers the same areas.

Cert. Denied In Case On Invalidating Donations To Churches By Debtor In Bankruptcy

Yesterday the United States Supreme Court denied certiorari in Universal Church v. Geltzer, (Case No. 06-583), in which the 2nd Circuit Court of Appeals had held that treating some contributions to churches as fraudulent conveyances in bankruptcy does not violate the Free Exercise or Establishment clauses. It also held that under the Religious Liberty and Charitable Donations Protection Act the shield for charitable donations of up to 15% of a debtor's annual income applies to aggregate annual transfers, not to individual donations. (See prior posting.)

Now It's Harder To Deduct Charitable Contributions

Religion News Service reported yesterday that new Internal Revenue Service requirements that became effective on January 1 will make it more difficult for taxpayers to deduct contributions placed anonymously in the church collection basket. The requirements, contained in the Pension Protection Act of 2006, Sec. 1217, call for a cancelled check, bank record, credit card record or receipt from a charity in order to claim an amount as a charitable deduction. In the past, personal records were sufficient to document the contribution if it was under $250. The IRS explained the new rules in a December news release.

Religious Coalitions Weigh In On Immigration; Education

As the new Congress opened, religious coalitions weighed in on two important issues. Today's Washington Times reports that a coalition made up mostly of conservative Christian groups has proposed a compromise on immigration reform. The coalition, known as Families First On Immigration, sent letters to President Bush and Congressional leaders urging strong border security and amnesty for aliens already here illegally if they have an American-born child or another relative who is a citizen. Finally the compromise calls for an end to citizenship merely because an individual is born in the United States-- though this part of the proposal might require a Constitutional amendment. The group urged President Bush to defer his guest worker proposals until the rest of the issues are resolved. It also urged Congressional Democrats to exercise oversight on the Administration's handling of immigration.

Meanwhile, a separate coalition of 100 religious, civil rights, educational and disability organizations known as the Forum on Educational Accountability has taken the occasion of the fifth anniversary of the No Child Left Behind Act to urge some 14 changes to the law. (ABCUSA Press Release.) Among these are calls for less reliance on standardized testing and increased federal funding of costs that will be imposed on states by the recommendations.

Romney's Mormonism Remains A Factor In His Presidential Bid

The McClatchy Newspapers yesterday examined how Protestant conservatives in the Republican Party are reacting to presidential hopeful Mitt Romney's Mormon religious beliefs. Some voters remain concerned about now-rejected beliefs of the Mormon Church-- its advocacy of polygamy and its belief that Blacks were cursed. Others are concerned about Mormonism's present-day beliefs, such as its openness to modern-day prophecies and its belief that the church president is "the mouthpiece of God." Some conservatives worry that Romney is too liberal, citing his support of equal rights for gays and lesbians in his unsuccessful 1994 bid for the U.S. Senate. A report by CNS News last week focused on the concern over whether Romney has been consistent in his conservative views on homosexuality and abortion.

Satirical Attack On Intelligent Design Becomes Popular

Yesterday's Toronto Star carries an article on a satirical challenge to supporters of Intelligent Design which has caught on. Bobby Henderson, a 26-year-old physics graduate from Oregon State University, in 2005 wrote that the earth and all living things were created by a Supreme Being, the Flying Spaghetti Monster. Last March he published a book, The Gospel of the Flying Spaghetti Monster, (Villard, 2006), and he has launched a website that includes his "Open Letter to Kansas School Board" requesting that his theory be taught as an alternative version of Intelligent Design. Apparently the site gets 30,000 unique visits per day. The FSM movement has its own subculture of "Pastafarians". Some proponents of Intelligent Design, however, do not completely appreciate the humor. Last month, the Discovery Institute's website attacked FSM as mocking those who hold Judeo-Christian religion beliefs, saying that FSM is reportedly endorsed by 50 Darwinist academics.

Faith-Based Welfare Poses Discrimination Issues In Britain

Britain is now struggling with issues similar to those in the U.S. on the offering of social services by faith-based organizations. Britain's National Secular Society reports today that it has asked Parliament's Human Rights Committee to recommend clarifying the Human Rights Act, Sec. 6, to ensure that when a public body delegates social service functions to a private organization, protections against discrimination based on religious belief or sexual orientation still apply. Both Labour and Conservatives in Britain are promoting faith-based welfare programs.

French Appeals Court Says Pork Soup To Homeless Is Discriminatory

MWC yesterday reported that a ban by Paris police on the serving of pork soup to the homeless has now been upheld by France's highest administrative court, the Conseil d'Etat. A lower court had overturned the police determination that the right wing soup kitchens were discriminating against Muslims and Jews. (See prior posting.) However the French interior ministry successfully appealed. The appeals court confirmed the police ban on Friday, holding that it did not infringe freedom of expression. Paris mayor Bertrand Delanoe praised the decision.

Indiana House Speaker Has Not Decided About Opening Prayer

Last year, an Indiana federal court ruled that the Indiana House of Representatives had violated the Establishment Clause by opening its sessions with specifically sectarian prayers. (See prior posting.) After the ruling, House members gathered in the back of the House Chamber before the sessions began to offer prayers, rather than switching to non-sectarian prayers from the podium. The state Senate, even though it was not a party to the litigation, switched to a moment of silence at the opening of their sessions. The Indianapolis Star reports that as of Friday, current House Speaker B. Patrick Bauer had not decided whether, when the new session opens tomorrow, the House will have an official invocation as has been the tradition for 189 years. He says that whatever he does will be consistent with the court's order. The court's decision is currently on appeal.

UPDATE: On Monday, House Speaker Pat Bauer opened the 2007 session of the Indiana General Assembly with a non-sectarian prayer whose text had been approved by state Attorney General Steve Carter. The same prayer will be read every day as the opening invocation. (Louisville (KY) Courier-Journal).

Italian Interior Minister Wants To Monitor Foreign Funds For Mosques

Italian Interior Minister Giuliano Amato is urging closer monitoring of foreign funding for religious buildings and mosques in Italy. BBC News and the International Herald Tribune reported last Friday on his proposal. He wants to copy the French example and set up a foundation, with government representation on the board, that would monitor funds coming in, particularly from foreign governments. Amato is concerned about foreign Islamic groups attempting to gain a foothold in Italy. He is also concerned about the teaching of radical ideas in Islamic schools, and wants to monitor them to make sure they respect national standards, particularly in selecting teachers. Italy's Islamic Council, an advisory group to the government, supports the proposals. However, Hamza Roberto Piccardo, secretary of the radical Union of Islamic Communities, opposed the proposal. He says that Italy's Constitution assures religious groups autonomy. He also said: "There are no Islamic schools in Italy. There are only Arabic schools."

Hindu Violence Against Christians In India Reported

BosNewsLife yesterday reported on a number of physical attacks against Christians by Hindus in India during New Years week. Apparently the violence was encouraged by media reports criticizing Christian missionary workers. Also, on Christmas Eve over 100 Christians re-converted to Hinduism in Chhattisgarh. The incidents are related to concern among Hindus about the conversion of low-cast Hindu Dalits to Christianity. (See prior related posting.)

Books Treat Role of Religion In U.S. History

The Associated Press last week reviewed a new college history book, Unto a Good Land: A History of the American People (Eerdmans). Focusing on social and cultural history, the book is different because of its coverage of the impact of religion on American history. The book is nonsectarian, and covers both the good and bad impact religion has had from pre-Columbian times to present in the U.S.

The same publisher-- Eerdmans-- has also recently published Geiko Muller-Fahrenholz, America's Battle for God: A European Christian Looks at Civil Religion (2006).

UPDATE: Sunday's New York Times reviews Chris Hedges, American Fascists: The Christian Right and the War on America, (Free Press). Reviewer Rick Perlstein says that Hedges "writes on this subject as a neophyte, and pads out his dispatches with ungrounded theorizing, unconvincing speculation and examples that fall far short of bearing out his thesis."

Nurse Who Refused To Administer "Plan B" Still In Court

In Lemly v. St. Tammany Parish Hospital District No. 1, (LA Dist. Ct., Dec. 15, 2006), a Louisiana state trial court denied hospital’s motion for summary judgment in a case brought by a nurse employed there who objected on religious grounds to administering the "morning after" pill to patients. She claimed (full text of complaint) that the hospital refused to make reasonable accommodation for her religious beliefs and dismissed her from her full time position because of those beliefs, in violation of the Louisiana Employment Discrimination Law. A release issued yesterday by Alliance Defense Fund discusses the case.

Recent Articles On Law and Religion

From SSRN:
Qerkin Berisha, The Right to Nondiscrimination in the Context of Kosovo, (2005).

Ali L. Khan, Combating Defamation of Religions, (The American Muslim, January 1, 2007).

From SmartCILP:
Dominique Custos, Secularism in French Public Schools: Back to War? The French Statute of March 15, 2004, 54 American Journal of Comparative Law 337-399 (2006).

Richard Hardack, Bad Faith: Race, Religion and the Reformation of Welfare Law, 4 Cardozo Public Law, Policy & Ethics Journal 539-649 (2006)

Gidon Sapir, How Should a Court Deal With a Primary Question That the Legislature Seeks to Avoid? The Israeli Controversy Over Who Is a Jew As an Illustration, 39 Vanderbilt Journal of Transnational Law 1233-1302 (2006).

Michele Alexandre, Big Love: Is Feminist Polygamy an Oxymoron Or a True Possibility?, 18 Hastings Women's Law Journal 3-30 (2007).

Jay Michaelson, In Praise of the Pound of Flesh: Legalism, Multiculturalism, and the Problem of the Soul, 6 Journal of Law in Society 98-153 (2005).

Eighth Grader Sues School To Be Part of "Silent Solidarity"

Last week, the Alliance Defense Fund (release) filed suit on behalf of a Clifton Park, NY eighth grade student who, with several friends, was prevented from expressing pro-life views in school during the "3rd Annual Students' Day of Silent Solidarity" sponsored by the Christian youth organization Stand True. The middle school student attempted to hand out leaflets, wore a t-shirt with a pointed message on it, and wore tape over his mouth for the day with the word "Life" on the tape. The student had obtained permission from his teachers to remain silent in class that day. The students were instructed by the principal to turn their t-shirts inside out so the messages could not be read, to dispose of the fliers and to remove the tape on their mouths. Students who had already received fliers were instructed to hand them to school officials. The suit alleges violation of plaintiff's free speech rights, arguing that the principal's action constituted viewpoint discrimination and imposition of a prior restraint, and claims school regulations were unconstitutionally vague and that plaintiff was denied equal protection of the laws. (Full text of complaint.)

California Senator Rescinds Award To Islamic Activist

Democratic U.S. Senator from California, Barbara Boxer, has rescinded a certificate of achievement award that her office gave to Sacramento Islamic activist Basim Elkarra last November, according to CAIRwatch attacked the award, claiming that the group Elkarra represents -- Council on American Islamic Relations -- holds extremist views and supports international terrorist organizations such as Hamas and Hezbollah. CAIR spokesman Hussam Alyoush says his group is being attacked because of its criticism of Israel. Yesterday CAIR issued a press release giving its official response, anindicatingng that Senator Boxer has indicated she is willing to meet with CAIR officials to hear their views.

Tennessee County Commission Hesitates On 10 Commandments Settlement

The Rutherford, Tennessee County Commission is balking over approving the settlement of a lawsuit filed against it in 2002 by the American Civil Liberties Union challenging the county’s decision to post the Ten Commandments at the county courthouse. The Murfreesboro, TN Daily News Journal today reported on developments. In September, the federal district court issued a declaratory judgment in favor of the ACLU, and now County Mayor Ernest Burgess has recommended approval of a settlement in which the county would agree not to appeal the preliminary injunction and would pay $50,000 of the ACLU’s attorneys’ fees.

This past Thursday, the county’s Steering Committee refused to either accept or reject the proposed settlement, in part because county attorney Jim Cope was not at the meeting to answer questions. So the proposal will now go to the full County Commission for discussion. Mike Sparks, one of the Commissioners opposed to the settlement said, "This is nothing but a shakedown by the ACLU to use the taxpayers’ money to foot their agenda." But Steve Cates, a retired high school government teacher who was one of the plaintiffs said: "It's not the ACLU that has an agenda. It's various religious groups that has an agenda…. My people have been here since the early 1800s, and I don't get it. I understand the historical connection to Christian faith, but I also understand our country is composed of lots of other faiths. There's no need for the government to be using religion to be cruel to other people whether it be Christians or Muslims or whoever it is."

Georgia Governor Will Propose Elimination of "Blaine Amendment"

Southern Voice yesterday reported that Georgia Governor Sonny Perdue’s December 12 speech to state lawmakers outlining his 2007 legislative agenda includes a proposal to amend Georgia’s constitution (Sec. IX) to eliminate prohibitions on state funding of social services delivered by faith-based organizations. The proposed Faith and Family Services Amendment would eliminate Georgia’s prohibition on pending that directly or indirectly aids any religious denomination, and would instead impose only the same limitations that the federal constitution does. (Governor’s press release.) Larry Pelligrini, a gay rights activist and statehouse lobbyist, says that the proposal will allow social service agencies that receive state contracts to discriminate against gays and lesbians, as well as allowing them to proselytize clients who receive services from them. However Bert Brantley, speaking for the Governor’s office, said—without specifying details-- that the amendment would not foster anti-gay discrimination by religious groups. The same amendment failed to get approval of the Georgia legislature last year. (See prior posting.)

New Congress Is Religiously Diverse

The Baptist Standard today reprints a report from Religion News Service on the diverse religious make-up of the new Congress that was sworn in yesterday:

The new Congress will, for the first time, include a Muslim, two Buddhists, more Jews than Episcopalians and the highest-ranking Mormon in congressional history.

Roman Catholics remain the largest single faith group in Congress, accounting for 29 percent of all members of the House and Senate, followed by Baptists, Methodists, Presbyterians, Jews and Episcopalians.

While Catholics in Congress are nearly 2-to-1 Democrats, the most lopsidedly Democratic groups are Jews and those not affiliated with any religion. Of the 43 Jewish members of Congress, there is only one Jewish Republican in the House and two in the Senate. The six religiously unaffiliated members of the House all are Democrats.

The most-Republican groups are the small band of Christian Scientists in the House (all five are Republican), and members of the Church of Jesus Christ of Latter-day Saints (12 Republicans and three Democrats)—though the top-ranking Mormon in the history of Congress will be Nevada Sen. Harry Reid, the incoming Democratic majority leader.

Spokane Diocese Files Bankruptcy Reorganization Plan

The Seattle Times reports that yesterday the Catholic Diocese of Spokane, Washington filed a reorganization plan in U.S. Bankruptcy Court. The Diocese will pay $48 million to settle claims of sex abuse victims and other creditors. U.S. Bankruptcy Court Judge Gregg Zive who has acted as mediator says that the plan calls for parishes to raise $10 million, insurers will pay about $20 million, and the Diocese will raise the remaining $18 million through sales of assets and contributions from other Catholic entities. In addition, the plan calls for the Diocese to post the names of all known abusers on its website, furnish victims a forum to talk about their experiences, and have Spokane Bishop William Skylstad identify abusive priests from the pulpits of the parishes in which they served. The plan also sets out procedures to deal with claims that are asserted in the future by sex abuse victims who have not yet come forward. The plan must still be confirmed by U.S. Bankruptcy Court Judge Patricia Williams and then voted on by creditors. The Spokane Diocese will be the third diocese to emerge from a bankruptcy reorganization.

State Department Praises Ellison's Swearing-In

The State Department's USINFO website yesterday extensively covered Representative Keith Ellison being sworn in using the Quran. Ellison, a representative from Minnesota, is the first Muslim elected to Congress. In a story apparently designed to appeal to Muslims around the world, the State Department said:

The introduction of the Quran into congressional oath-taking is evidence of the growing religious diversity of the United States. The Quran used by Ellison during his January 4 ceremonial swearing-in is unique. It once belonged to Thomas Jefferson, drafter of the Declaration of Independence and third U.S. president. The Library of Congress, which obtained the book from Jefferson in 1815, loaned it to Ellison for the occasion. It is an English translation from the Arabic first published in London in 1734.

Jefferson, who gave much thought to religion, in 1802 wrote to the Danbury Baptist Association: “Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between church and State.”

Muslims first arrived in the United States in slave ships from Africa. One of these, Abdur Rahman Ibrahima ibn Sori, was brought from Guinea to Mississippi in the early 19th century. He won his freedom through the intercession of Mississippi Senator Thomas Reed and the sultan of Morocco, who successfully petitioned Secretary of State Henry Clay and President John Quincy Adams to free Sori.

Today, Muslim Americans number several million. Ellison’s election and his inclusion of the Quran in his swearing-in ceremony highlight the legacy of religious freedom enshrined in the Constitution and the contributions to American society made by people of diverse faiths.

Workday Minnesota yesterday said that at a community send-off in St. Anthony, MN, Ellison received blessings from a Baptist pastor, a Jewish rabbi, and a Muslim imam. Meanwhile on the floor of the House of Representatives, Ellison and Virginia Rep. Virgil Goode-- who had strongly criticized Ellison's use of the Koran-- shook hands and agreed to talk more at a later date. (Richmond (VA) Times Dispatch).

Iranian Musician Sentenced For Insulting Islam

Radio Free Europe/ Radio Liberty reported yesterday that Iranian authorities have sentenced a member of the well-known band, Shanbezadeh, to two years in prison for "insulting Islam" by playing religious music of the southern Iranian city of Bushehr during a performance in Paris last year. The court issued the judgment after watching a recording of the performance.

Suit Challenges Church's Eviction of Charter School

The Arizona Republic reports on arguments yesterday in Maricopa (AZ) County Superior Court in a lawsuit against Village of Oak Creek Community Church of the Nazarene which has evicted a state-run charter school from the church premises. Pastor Jeff Branaman said that when the church rented space to Desert Star Community School, it did not know that it would teach material that contradicted the church's beliefs. The church objects to some of the books used by the school, to fliers that used images of dragons, and to teaching of Greek mythology. Branaman said: "We take very seriously the Bible. . . . We have a personal relationship with Jesus Christ." However, Assistant Attorney General Michelle Swann representing the Sedona-area charter school argued that the church has engaged in religious discrimination. Judge Timothy Ryan has issued an order allowing the school to remain temporarily while he decides the case. A ruling is expected next Wednesday.

Park Service Still Sells Creationist Account Of Grand Canyon

The National Center for Science Education yesterday issued a release calling attention to the National Park Service's failure to carry through on its promise to review its 2003 approval for the sale at the Grand Canyon National Park Bookstore of a book that claims the Grand Canyon was created by Noah's flood instead of by geologic forces. The promise to review approval of Grand Canyon: A Different View was made to Public Employees for Environmental Responsibility (PEER) (Dec. 2006 press release). PEER renewed its call for review shortly after Mary Bomar took office as new director of the National Park Service.

India Court To Hear Challenge To Statue of Anti-Hindu Reformer

Today India's Supreme Court will hear arguments in a controversy over a statue of E.V. Ramasami Naicker, known as Periyar, that was put up in front of Sri Ranganathaswamy Hindu Temple in Srirangam, a small town in southern India. (Background from News Today.) A number of court cases have been filed to prevent the statue from being dedicated, and the statue was vandalized in early December. (India eNews.) Periyar, who died in 1973, was an atheist, anti-Hindu social reformer who founded the Dravidar Kazhagam, a radical party that, among other things, wanted to eliminate "untouchability".

A report yesterday from News Today says that the Supreme court arguments today focus on a request to have the statue covered pending a hearing on the underlying dispute scheduled in the Madras High Court. The controversial statue carries an inscription (quoting Periyar) that reads: "One who worships god is a barbarian. One who preaches about god is an idiot and one who professes any religion is a fraud." The suit alleges that allowing the statue to remain near the temple would infringe Constitutionally protected freedom of religion. The suit argues that it is the duty of the State to protect residents from injury or insult to their religious sentiments.

Ellison Will Use Thomas Jefferson's Quran For Swearing-In

Keith Ellison, the first Muslim elected to Congress, has demonstrated his political skill in dealing with his controversial plan to have his ceremonial swearing-in take place on the Quran. (See prior posting.) Yesterday's Washington Post reports that Ellison will use an English version of the Quran that once belonged to Thomas Jefferson. It is now held by the Library of Congress which acquired it in 1815 as part of a collection Jefferson sold for $24,000 to replace the congressional library that had been burned by British in the War of 1812. Rick Jauert, a spokesman for Ellison, said: "Jefferson's Quran dates religious tolerance to the founders of our country."

Minneapolis Airport Proposes To Suspend Muslim Cabbies Who Refuse Passengers

Last fall, the media reported widely on a proposal by the Minneapolis-St. Paul (MN) Metropolitan Airports Commission (MAC) to accommodate the religious concerns of some Muslim taxi drivers who objected to transporting passengers carrying openly displayed alcohol. (See prior postings 1, 2 .) It was less widely reported that the proposals were never adopted. Instead, according to yesterday's Minneapolis Star Tribune, the MAC staff is now proposing to suspend the license of any driver who refuses to transport a passenger for reasons other than safety concerns. The full commission is expected to vote to hold public hearings on the proposal that would suspend drivers who refuse on religious grounds to accept passengers transporting alcohol or service dogs (Islam considers the saliva of dogs unclean). The cabbie's airport license would be suspended for 30 days for a first offense and two years for a second offense.

Refusals of service on religious grounds has become a significant problem as a large percentage of airport cab drivers are Somali Muslims. However the Somali Justice Advocacy Center supports the proposed new penalties.

Muslims also have another disagreement with the Airports Commission. They want a separate prayer room at the airport. However MAC spokesman Patrick Hogan says that there is a quiet area currently open to everyone for contemplation and prayer, and separate space for a particular religion will not be provided.

Military Times Poll On Religion In Military Released

Blog from the Capital on Tuesday called attention to a poll published last week by the Military Times, asking questions about race and religion in the military. 55% of respondents said that religion does not play a more important part in military life today than when they first joined the service. 80% said they feel free to practice and express their religion in the military. Asked how often military events they attended other than meals and chapel services began with a prayer, 36% said once per month while 25% said never.

The methodology used for the poll makes it unclear how accurate it is in reflecting the opinions of the entire military. Military Times mailed questionnaires to 6,000 people drawn at random from its list of active-duty subscribers-- those who pay the annul $55 subscription fee. It is unclear whether the subscriber base is representative of the entire military. The Military Times did not specifically indicate how many of the 6,000 questionnaires were returned; however an examination of the raw data available online suggests that 955 readers responded. The Military Times did report that 35% of respondents said they were Protestant, 29% were Catholic, 7% were Evangelical Christian, 2% were Mormon, 1% were Jewish, 0% were Muslim, 13% were Other, and 12% had No Preference.

Arrest Warrant Need Not Reflect Current Religious Name

In Raahkim El Bey v. Roop, 2006 U.S. Dist. LEXIS 93995 (SD OH, Dec. 29, 2006), an Ohio federal Magistrate Judge held that while some state action that interferes with a person's use of his religious name would violate the Free Exercise clause, no violation occurs when a person is arrested under a warrant charging him with a crime under a different name. It was sufficient that police and federal marshals had a well-founded belief that Raahkim El Bey was the same person wanted on the arrest warrant issued for Billie Greene. The court held that a person may not "avoid criminal liability incurred under one name merely by changing that name, regardless of the religious or cultural motivation."

Discrimination Against Christians In Syria

Agape Press yesterday reported that even though many Iraqi Christians are fleeing to Syria, they will not receive a warm welcome there. Keith Roderick, an official with Christian Solidarity International, says that Christians in Syria suffer oppression and discrimination, particularly in employment. Even principals in Christian schools are required to be Muslims.

Michigan Church Wins RLUIPA Challenge; Law's Constitutionality Upheld

In Lighthouse Community Church of God v. City of Southfield, Civil Case No. 05-40220 (ED MI, Jan. 3, 2007) [available on PACER], a Michigan federal district court held that Southfield, Michigan's denial of an occupancy certificate to Lighthouse Community Church violated RLUIPA. Southfield denied Lighthouse the right to operate a church in a building it owned because the building had too few parking spaces. An ordinance required a certain number of parking places, and Southfield refused to grant the church a variance. In its decision, the court upheld the constitutionality of the land use provisions of RLUIPA, finding them to be a valid exercise of Congress' powers under Sec. 5 of the 14th Amendment. The court rejected claims that RLUIPA violates the Establishment Clause and the 10th Amendment. Yesterday's Detroit Free Press reported on the decision. (See prior postings 1, 2.)

UPDATE: The decision is now available on LEXIS at 2007 U.S. Dist. LEXIS 28.

Romania's President Signs Controversial Religion Law

Despite appeals from human rights groups (see prior posting), on December 27 Romania's President Traian Basescu approved a Religion Law that was passed hurriedly by Parliament. Forum18 yesterday reported that challenges to the law are planned in the Constitutional Court and possibly in the European Court of Human Rights. The new law bans "religious defamation" and "public offence to religious symbols," provisions that might be used to silence minority religions. Activists are also concerned about provisions in the law that impose long waiting periods for recognition and give different levels of legal recognition for religious communities depending in part on the number of members in the community.

UPDATE: The Romanian civil rights group, Solidarity for Freedom of Conscience, plans to go to the European Court of Human Rights to challenge Romania’s new Religion Law. On Friday Playfuls.com reported that critics claim this provision is broad enough to cover rock songs or works of Western literature and philosophy such as Nietzsche’s, The Antichrist. Meanwhile the Catholic Church in Romania says that the new law “is still perfectable”. (Mediafax).

No Plaintiffs Volunteer To Challenge Florida County's Ten Commandments

Today's St. Petersburg, Florida Times reports that the Freedom From Religion Foundation has been unable to find a resident of Dixie County Florida to act as plaintiff in a suit to challenge a Ten Commandments monument that the county has placed on its courthouse steps. (See prior posting.) The county's population is only 14,000. The Thomas More law Center has offered to represent the county without charge if suit is filed against it.

Iraqi Christians Formally Petition For Separate Province

ANS reports today that the Assyrian Christian Community in Iraq has presented the government of Iraq with its Formal Request for an Assyrian Province. Reacting to a "brain drain" of almost half of the Christian community, Iraq's foreign minister encouraged the Assyrian community to take this step. He said: "According to the Constitution the Assyrian Christians as the original people of Iraq are entitled under the constitution to a Province of their own." (See prior related posting.)

Malaysia's High Court Permits Challenge To Selangor Sharia Enforcement

Malaysia's Federal Court today gave permission for a lawsuit to be filed by a Muslim who has been charged by Selangor state authorities with illegally claiming to be God's prophet. Both the International Herald Tribune and Sun2Surf report on the case. Abdul Kahar Ahmad received permission from Malaysia's highest court to bring a challenge to the power of Islamic authorities in Selangor state after authorities issued a fatwah declaring his teachings as deviationist beliefs and then filed charges against him. Ahmad's lawsuit claims that various provisions in the Selangor Syariah Criminal Enactment 1995 and the Islamic Religious Administration (Selangor) Enactment 2003 violate his constitutionally protected freedom of religion. It also claims that under the Malaysian Constitution, only Parliament, and not state assemblies, have the right to make criminal laws. Finally Ahmad claims that some of the offences with which he is charged are not violations of Islamic law. Ahmad's lawyer Malik Imtiaz Sarwar said the suit is in part intended to challenge the narrow interpretation of Islam by Malaysian religious authorities.

North Carolina County Council Debates Sectarian Invocations

Oconee County, North Carolina Council is debating how far to go in keeping sectarian prayers as part of the County Council proceedings. Today's Wilmington (NC) Star News reports that for two years the ACLU has been complaining about Council's practices. Previously, a councilman who was also a minister would pray before meetings in the name of Jesus. Now Rev. Bill Rinehart-- who was also Council's official chaplain-- is no longer on Council. Instead of replacing him, Council has now asked the Oconee County Ministerial Association to provide a list of people to offer prayers. Yesterday, Rev. Mike Babb led two prayers-- one 30 minutes before the Council meeting at a flag pole outside the county building, and the other in council chambers, praying in Jesus' name 8 minutes before the meeting began. The ACLU has a problem only with the second of these. County Attorney Brad Norton said:"What we can do legally is very clear. We can very easily follow the law, but if we decide to gamble and stretch how far the law will go and the court says we're wrong, it will cost us in the neighborhood of $150,000 (to) $250,000 in attorneys' fees" Council will hold a public meeting to discuss its prayer policy next week.

French Tribunal Says Pig Soup Is Not Discriminatory

In France, an administrative tribunal has overturned a decision by Paris police who said that a soup kitchen for the poor discriminates against Muslims and Jews because it serves pork soup as its main fare. The soup kitchen, and others like it across France associated with the right-wing Bloc Identitaire, have operated since 2004. Last winter Fabienne Keller, the mayor of Strasbourg, said the soup kitchens (known as Solidarite des Francais (SDF)) should be banned as racist. SDF's website invited that charge, saying: "Attention, cheese, dessert, coffee, clothes, snacks go with the pig soup: no pig soup, no dessert - the only rule of our action: our own before the others." Pork soup is a traditional dish of rural France. Guardian Unlimited yesterday, however, reported that the administrative judge found the Paris soup kitchen had not actually refuse to serve Jews and Muslims, and so could not be found to have discriminated. The tribunal ordered the Paris police prefecture to pay 1000 Euros in costs to SDF. [Corrected]

Religious Objections Raised To FDA's Green Light On Cloned Animal Products

Agape Press yesterday reported that the America First Party has raised what amount to religious objections to the recent Draft Risk Assessment issued by the U.S. Food and Drug Administration (news release). The FDA concluded that meat and milk from cloned cattle, pigs, and goats "are as safe to eat as food from conventionally bred animals". AFP's press release quotes party chairman Jon Hill who said: "It is our duty to respect the image of creation that the Creator has given to nature, and to not unnecessarily deform this image in order to merely provide economic opportunities to people involved in the field of genetics. "

Israeli Court Upholds Deceased's Right To Cremation

In Israel, a Jerusalem District Court last week upheld the right of Shmuel Rosen's wife and two sons to carry out the recently-deceased Rosen's wishes to have his body cremated. Today's Jerusalem Post reports on the legal controversy surrounding the request. Rosen, an 80-year old Holocaust survivor, lived as an atheist. However cremation is inconsistent with Jewish religious law, and on that basis, a distant relative of Rosen's went to court to oppose the cremation. Since World War II, cremation has also been identified by some with Hitler's crematoria. However, Israel's attorney general's office advised the Jerusalem court that there was apparently no legal prohibition in Israeli law on cremation -- which is offered only by one funeral home in the country. The court's honoring of Rosen's wishes may give impetus to a proposal that was introduced in the Knesset in 2005 to ban cremation, or any other alternative to burial of Jews that damages the body.

UPDATE: On Monday, Knesset member Ya'acov Cohen (United Torah Judaism) introduced an amendment to the burial law to effectively ban cremation. (Jerusalem Post, Jan. 8).

Was Saddam's Execution On Sunni Eid Illegal?

The Associated Press yesterday reported that many Sunnis in Iraq are outraged over the execution of Saddam Hussein. Part of the anger stems from the claim that the timing of the execution violates Section 290 of Iraq's Law on Criminal Proceedings (1971). The section provides:

The death penalty cannot be carried out on official holidays and special festivals connected with the religion of the condemned person.

Sunnis and Shiites disagree on the date for the celebration of Eid al-Adha. Saddam's execution-- at dawn on Saturday-- was hurried to avoid the Shiite celebration of Eid al-Adha that began Saturday evening (see prior posting). However the Sunni celebration had already begun on Friday at sundown. Saddam was Sunni, so it would appear that Section 290 would preclude his execution on the Sunni dates of the Eid. That is what Rizgar Mohammed Amin, the Kurdish judge who originally presided over Saddam's trial thinks. (International Herald Tribune, Jan. 1).He was removed during the trial when Shiites claimed he was too lenient.

All of this makes very important the remark of Munir Haddad, a judge on the Iraqi High Tribunal who represented the Tribunal at the execution. He was quoted by the International Herald Tribune on Friday as saying: "The official Id in Iraq is Sunday... Saddam is not Sunni. And he is not Shiite. He is not Muslim." It is not clear whether Haddad claims to have any legal basis for this assertion, though during Saddam's rule Shiites objected strongly to the secular policies of Saddam's Sunni-backed Ba'athist government.

At any rate, the timing of Saddam's execution, coupled with executioners' remarks as Saddam was being hanged, reinforces the image of Saddam's execution as revenge by Shiites on Sunnis. (Baltimore Sun; Los Angeles Times).

Christian Lawyers Petition Queen To Protest Rules On Equal Rights For Gays

In Britain, a group of lawyers known as Christian Concern for Our Nation has petitioned Queen Elizabeth, asking her to pressure the government to withdraw the new Sexual Orientation Regulations that have been proposed under the Equality Act 2006. Today's Pink News reports that the petition calls the Queen's attention to her Coronation Oath in which she pledged to use her power to "maintain the Laws of God and the true profession of the Gospel". The petition goes on to say that the proposed Regulations "purport to eliminate discrimination on the grounds of sexual orientation, but have the consequence of discriminating heavily against Christians.... The Regulations will make it unlawful for a Christian to refuse to promote homosexual practice and will make it unlawful for our children to be taught the importance of marriage in any schools above the importance of practising homosexual relationships." (See prior related posting.) Northern Ireland has already implemented the Act, with new rules that came into effect on January 1. The proposed rules are scheduled to take effect in England and Wales in April. (Pink News.)

Injuries In Turkey From Animal Sacrifices Outside Municipal Facilities

It is traditional for Muslims during the feast of Eid al-Adha to sacrifice cows, sheep, goats and bulls to commemorate God's providing a ram for Abraham to sacrifice in place of his son. (Muslims believe that it was Ishmael who Abraham took to sacrifice, while Jewish and Christian sources say it was Isaac.) Muslims then share the meat they have butchered with friends and family and give part of it to the poor. The Associated Press yesterday reported that in Turkey, many Muslims have ignored government rules that require animal slaughtering to take place in special municipal facilities. Over 1,400 people were treated at hospitals around the country after suffering injuries from attempting to slaughter animals in their back yards or on roadsides. Many stabbed themselves, or were injured by startled animals. Three suffered heart attacks while trying to restrain animals, and three others were crushed by animals falling on top of them.

Happy New Year and Thanks To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2007 begins, let me thank all of you for your readership, your comments, the material you send to me, and the links to Religion Clause that you place on your own websites and blogs. Thanks in particular to my regular readers, some of whom tell me that they check the blog every day. Please continue to keep in touch. The e-mail address for communicating with me about Religion Clause has recently changed. You should now send your e-mails to this NEW address: religionclause@bex.net

Readership of Religion Clause during 2006 has grown steadily. Shortly after midnight ushered in 2007, the Religion Clause site meter (measuring readers since the blog began) turned to 104,271. In 2006, Religion Clause attracted over 82,000 readers. I hope this means that there continues to be a need for serious, non-ideological, coverage of legal and political developments relating to religious liberty and to church-state relationships.

Over the last year, international developments have become a more significant portion of my coverage. Increasingly nations around the world-- even though they may have different legal systems-- are facing issues similar to those that regularly arise in the United States, as well as fascinating issues that are unique to their legal systems and traditions. I hope that you find these as fascinating as I do.

Best wishes for 2007,

Howard M. Friedman

Recent Prisoner Free Exercise Cases

In Keith v. Estelle Unit High Security Administration, 2006 U.S. Dist. LEXIS 93014 (SD TX, Dec. 22, 2006), a Texas federal district court rejected a free exercise claim by an Texas inmate who complained that he was not permitted to purchase candles and matches needed to practice Satanic rituals, and was refused assistance in locating nearby churches or groups associated with Satanic worship.

In Nellis v. Jahnke, 2006 U.S. Dist. LEXIS 92965 (ED WI, Dec. 21, 2006), a Wisconsin federal district court permitted a Native American prisoner to move ahead with his free exercise claim against prison officials. The inmate's complaint alleged that he had been denied "chapel studies", the only means of practicing his religion, after he quit his voluntary employment with the prison's food service department out of fear that co-workers would harm him.

White House Issues Greetings To Muslims Celebrating Eid al-Adha

On Friday, the White House issued a Presidential Message sending greetings to all Muslims celebrate Eid al-Adha. The message describes the holiday as a four-day observance to "honor Abraham's example of sacrifice and devotion to God". The message continues: "This holiday reminds us of the values that so many of our citizens hold in common, including love of family, gratitude to God, the importance of community, and a commitment to respect, diversity, tolerance, and religious freedom." In the United States, celebration of Eid al-Adha began today. (Pittsburgh Post-Gazette).

Reports Of Chinese Arrests Of Priests Loyal To Vatican Denied

In China, the government recognizes only the state-approved Catholic Patriotic Association (CPA) churches. However a number of underground churches remain loyal to the Vatican, and reports (AsiaNews.it) say that nine priests from the underground Catholic church in Hebei province were arrested by police on Wednesday. Yesterday's Washington Post quotes Liu Bainian, vice chairman of the CPA, as saying he had not heard of any arrests. He denied there was a campaign on to crush the underground church movement and said underground churches that violate the law will be dealt with by police, not the Catholic Patriotic Association.

Church-State Relations Being Redefined In Europe

Today's Washington Times reports on the conflicting pressures throughout Europe as the continent attempts to redefine the relationship between religion, politics and civil life. Traditional groups are seeking a greater recognition of Europe's Christian heritage. Others are seeking new models to better integrate Europe's growing Muslim communities. Jonathan Bartley, co-director of Ekklesia, says: "We are witnessing post-Christian Europe taking shape. The remaining alliances of religion and governments don't make sense anymore, in many people's eyes, and they are coming apart."

Invasive Fish Regulations Said To Violate Fish Owner's Free Exercise Rights

Wildlife regulations in the state of Maine prohibit importing or possessing koi-- an invasive fish species-- without a state permit. Today's Portland Press Herald reports that restaurant owner Cuong Ly is challenging on free exercise of religion grounds the state's insistence that he not put his ten pet koi on public display. On Friday he filed a court challenge to the restrictions. Prior to their seizure last July, for 15 years Ly had kept the fish in a 150-gallon aquarium in his restaurant. Ly says that his Feng shui spiritual beliefs require that the fish be seen in order for them to bring good luck to his restaurant. Originally the state insisted that he also implant identifying microchips in the fish, but now regulators have dropped that requirement in favor of Ly taking identifying photos of the fish.

Soccer League Permits Sikhs To Play Wearing Patkas

The Sikh-American Legal Defense Fund yesterday issued a press release on a ruling last month that now allows players in the Lehigh Valley Pennsylvania Youth Soccer League to play soccer while wearing a patka-- a Sikh religious head covering. The State of Pennsylvania Referee Association said that the "Secretary General of the United States Soccer Federation has given permission to those bound by religious law to wear such head coverings, usually a turban or yarmulke."

Another Indian State Passes Anti-Conversion Law

The Indian state of Himachal Pradesh yesterday passed an anti-conversion law-- but one that is somewhat milder than those in other states. The law bans forcing or inducing another person to change religions, and provides that the victim can freely return to his original religion within a month of the conversion. The law is particularly aimed at Christian missionaries who convert poor Hindus with inducements of free education and health care. ANI reports that while five Indian states ruled by the BJP Party have passed anti-conversion laws, this is the first such statue passed in a state whose government is controlled by the Congress Party.

California Supreme Court Rejects Murderer's Complaint On Use Of Bible In Jury Deliberations

In People v. Williams, (CA Sup. Ct., Dec. 28, 2006), the California Supreme Court on Thursday rejected a convicted murderer's argument that he should be granted a new trial because a juror had brought several pages copied from a Bible into the jury room and had read passages from them during penalty phase deliberations. The Court concluded that, given the circumstances-- including another juror saying immediately after the reading that religion should play no part in their decision-- it was not substantially likely that any juror was actually biased against the defendant because of the Bible reading. Yesterday's Bakersfield Californian reports on the decision.

Saddam's Execution Hurried To Miss Muslim Holiday

Today’s New York Daily News reports that Saddam Hussein’s execution just before dawn Saturday in Baghdad was carefully timed to take place before the start of the Muslim festival of Eid al-Adha. The holiday, also known as the Festival of the Sacrifice, commemorates Abraham's willingness to sacrifice his son to God.

Iraqi law, written during Saddam’s regime, prohibits executions during a religious holiday. The International Herald Tribune reports that some confusion existed on timing because the Eid does not begin until Sunday for Shiites—who now control the Iraqi government. So the official holiday in Iraq did not begin until then. However for Sunnis—Saddam's sect—the holiday began on Saturday. An Iraqi official expressed some frustration at the confusion: "According to the law, no execution can be carried out during the holidays. After all the hard work we have done, why would we break the law and ruin what we have built?" CBS News reports that the Iraqi government consulted Muslim clerics on the timing issue. In the end, according the International Herald Tribune: "the hanging was carried out with such haste that an ad hoc air at times overshadowed the historical import."

According to Pakistan's The International News, two other defendants sentenced to death along with Saddam will not be executed until after the holiday ends-- Tuesday for Sunnis and Wednesday for Shiites.

To those looking for historical analogues, the hurried execution in the face of an upcoming religious celebration brings to mind the circumstances surrounding the execution 53 years ago of Julius and Ethel Rosenberg in the United States. The convicted atom spies' execution was hurriedly advanced from 11:00 p.m. on Friday night to 8:00 p.m. after the Rosenberg's lawyers—seeking a 24 hour delay—argued that it would be a sacrilege to kill the Rosenberg's—who were Jewish—on their Sabbath. (from Natl. Comm. to Reopen Rosenberg Case).

UPDATE: Governments in a number of Sunni Muslim countries have criticized the decision to execute Saddam Hussein on Eid al-Adha. Sunday's Chicago Tribune reports that leaders in Saudi Arabia, Libya, Egypt and Afghanistan criticized the timing of the execution. Among Arab countries, only Kuwait welcomed the developments. Saad bin Tafla al-Ajmi, former information minister of Kuwait, said "This is the best Eid gift for humanity." Meanwhile, Reuters reports that a number of European leaders, as well as the Vatican, have criticized use of the death penalty even for Saddam.

4th Circuit Decides Two RLUIPA Cases

Yesterday, the U.S. 4th Circuit Court of Appeals handed down decisions in two RLUIPA cases:

In Madison v. Commonwealth of Virginia, (4th Cir., Dec. 29, 2006), the 4th Circuit upheld the constitutionality of RLUIPA as a valid exercise of Congress’ spending power. It rejected Virginia’s broad sovereign immunity defense, finding that Congress conditioned Virginia’s acceptance of federal correctional funds on the state’s consent to be sued under RLUIPA. However, the court held that because RLUIPA does not unequivocally indicate that the waiver of sovereign immunity extends to money damages, the Eleventh Amendment bars claims for monetary relief against Virginia.

The case was brought by a Virginia inmate seeking the prison’s “Common Fare” meals. He claimed that his “Hebrew Israelite” religion directs him to eat a kosher diet. The United States had intervened in the case on the side of the inmate, and amicus briefs in support of the prisoner’s position had been filed by the ACLU, the Becket Fund for Religious Liberty, and the Coalition of Prison Chaplain Associations. The Associated Press reported on the decision.

In Lovelace v. Lee, (4th Cir., Dec. 29,2006), the 4th Circuit in a 2-1 decision held that Virginia prison officials had not adequately justified their policy on Ramadan observance that resulted in a disciplinary denial of a Nation of Islam prisoner's participation in the Ramadan fast and weekly prayer services. It held that under RLUIPA, prison officials had the burden of showing that their actions were the least restrictive means of furthering a compelling governmental interest. The court held that mere negligent deprivations did not violate RLUIPA, but that here plaintiff’s claim against the correctional officer alleged intentional conduct. The majority also permitted plaintiff's free exercise and due process claims to proceed and refused, on the present state of the evidence, to find that a correctional officer defendant had qualified immunity.

Judge Wilkinson, dissenting, said "not content to recognize this case for what it is — a possibly legitimate complaint by a Muslim prison inmate that his Ramadan fasting rights were deliberately and maliciously violated by a prison guard — the majority expands it to what it is not, an excuse for top-to-bottom fine tuning of an accommodating policy designed to foster the very values of religious expression set forth in RLUIPA."

Top Ten 2006 Free Exercise- Church/State Developments

Here are my picks for the Top Ten developments in Church-State Separation/ Free-Exercise of Religion in 2006. They reflect my judgment on the relative lasting importance of the many judicial, legislative and political events of the past year. This year, international stories have often carried a high profile, and several of the picks reflect this. Each development has been the subject of many postings over the year. A link to one typical story on the issue accompanies each pick. I invite comments by those who agree or disagree with my choices.

1. Muslim nations react strongly to publication of Muhammad caricatures by Danish newspaper.
2. Fundamentalist Christian clergy work to energize conservative voters for November elections, walking fine line on IRS limits.
3. Military chaplains split on support for guidelines emphasizing inclusive prayer at military events.
4. A federal district court strikes down Iowa’s faith-based prison rehabilitation program.
5. Muslim women around the world find increasing resistance by government agencies, courts and politicians to their wearing of niqab (veil), or even hijab (headscarf).
6. Polygamy begins to regain respectability despite prosecution of FLDS leader.
7. Supreme Court holds religious use of hallucinogens is protected by RFRA.
8. Attempts in courts and Congress to save the Mt. Soledad Cross continue.
9. The Rahman case in Afghanistan and the punishment of proselytization and conversion in Asia and the Middle East capture world attention.
10. Politicians and commentators object to swearing-in on Koran for first Muslim member of Congress.

You can compare the top ten picks for 2006 by the Religious Newswriters Association. Their poll looks to all the year's "religion stories", not just the ones that involve legal or church-state issues. Interestingly, we agree on the top story, but not on many of the others. And if you want to review my 2005 picks, they are still online from a year ago.

UPDATE: Here is another top ten list posted just this morning by Don Byrd at Blog from the Capitol.

Utah Cities Change New Years Celebrations Because Of Mormon Traditions

Provo and St. George, Utah, have switched their cities' traditional New Years Eve celebrations to Saturday in order to avoid conflicts with the Mormon religious practice of discouraging revelry on Sundays. KUTV this week also reported that two other cities, Kaysville and Fruit Heights, have totally cancelled their celebrations.

U.S. Military Seeking To Recruit More Muslims

Yesterday's Christian Science Monitor reported on efforts by the Pentagon to recruit more Muslims into the military. As the need for Arabic speakers, and for those who understand the cultures of Iraq and Afghanistan, increase, the service academies have opened Muslim prayer rooms and have recruited Imams to serve as chaplains. Non-Muslim officers have begun to celebrate religious events with Muslims in the U.S. and overseas. The Marines have tried to accommodate the observance of Ramadan by their enlistees, have created an outreach program to Arab-Americans in major U.S. cities, and are attempting to sensitize Marine recruiters to cultural differences they may encounter in working with Arab-Americans. [Thanks to Melissa Rogers for the lead.]

Thailand Bars "Coyote Ugly" Dancers As Religiously Offensive

In Thailand, the Culture Ministry has banned dancers known as Coyote Girls from dancing in public, particularly near Buddhist temples. The dancers are named after the 2000 U.S. film "Coyote Ugly" about a group of young women who dance seductively on a New York City bar top. Similar dancers began to be featured in Bangkok night clubs, and then began to appear at shopping malls, outdoor festivals and at businesses to promote their products. The Associated Press in a story carried widely over the last few days by U.S. papers reports that Queen Sirikit has ordered a ban after Coyote Girls appeared at a motorcycle shop in mid-October in the northeastern province of Nong Khai. Their performance was near a Buddhist temple that was holding a festival to mark the end of the Buddhist Lent-- a 3-month period devoted to study and meditation.

TSA Trains Agents In Cultural Sensitivity For Hajj Pilgrims

WorldNetDaily yesterday reported that the U.S. Transportation Security Administration has provided sensitivity training to 45,000 airport security officers to prepare them for expected travel by thousands of U.S. Muslims to Saudi Arabia in the Hajj that began yesterday. The State Department publicized the training program on its USINFO website last Tuesday. WorldNetDaily reports that TSA, as well as other government agencies, is working with the Council on American-Islamic Relations (CAIR) on issues relating to profiling and cultural sensitivity. Some are critical of the relationships with CAIR because of actions and statements by some of its leaders since 9/11 and because of the group's relationships with Saudi Arabia and the UAE. [Thanks to Alliance Alert for the lead.]

Court Requires Church To Comply With Amended Zoning Law

Last week, in City of Elgin v. All Nations Worship Center, (IL App. Ct., Dec. 20, 2006), an Illinois appellate court upheld the city of Elgin's attempt to amend its zoning ordinances to avoid problems under RLUIPA and under the First Amendment. After All Nations Worship Center challenged Elgin's total ban on churches in areas zoned for business, the city amended its ordinance to permit churches to obtain conditional use permits in those areas. The church however claimed that since its judicial challenge was filed under the old ordinance-- that it says was invalid-- it acquired a vested right to operate without applying for a permit under the new law. The appellate court disagreed and upheld the lower courts dismissal of the church's counterclaim that challenged the old ordinance. Yesterday's Elgin Courier News reports on the decision.