Teaching Biblical Literacy In Public Schools

New York Newsday reported yesterday that a new text book designed for teaching about the Bible in public high schools has just been published. The Bible and Its Influence attempts to avoid legal and religious disputes. The Bible Literacy Project of Fairfax, Va., spent five years and $2 million developing the book which has been endorsed by experts in literature, religion and church-state law. The book follows principles from a 1999 agreement between educational and religious groups, "The Bible and Public Schools," brokered by Bible Literacy and the First Amendment Center.

Meanwhile, another curriculum for teaching about the Bible in high school which has been severely criticized, has just been revised. Wednesday's Baptist Standard reported that the National Council on Bible Curriculum in Public Schools has issued a revision of its teaching guide, The Bible in History and Literature. The revision reflects a number of the constitutional and academic criticisms that surfaced last month in a review of the curriculum published by the Texas Freedom Network. (See prior posting.)

Jehovah's Witnesses Lose Facial Challenge To Puerto Rico Controlled Access Law

In an opinion that has recently become available, the federal district court in Puerto Rico last month rejected a facial constitutional attack by Jehovah's Witnesses to the Commonwealth's Controlled Access Law. In Watchtower Bible and Tract Society of New York v. Ramos, 2005 U.S. Dist. LEXIS 20652 (USDC PR, Aug. 9, 2005), the law that permits residential associations to close off neighborhoods in order to prevent crime was upheld against a series of First Amendment claims. Jehovah's Witnesses believe that they have a Bible-based duty to tell others about the contents of the Bible, and do this by going door-to-door in residential neighborhoods. The court rejected plaintiffs' facial challenge that claimed the law violated their speech, press, associational and religious exercise rights, as well as Fourth Amendment and right to travel claims. However, the court allowed plaintiffs' to present further evidence on their claims that the law was unconstitutional "as applied" to them.

New Religion Clause Scholarship

From SmartCILP:
Francis J. Beckwith, Gimme That Ol' Time Separation: A Review Essay (Reviewing Philip Hamburger, Separation of Church and State.) 8 Chapman Law Rev. 309-327 (2005).

G. Sidney Buchanan, Evolution, Creation-Science, and the Meaning of Primary Religious Puropose, 58 SMU Law Rev. 303-317 (2005).

Posted online:
Robert K. Vischer, Conscience in Context: Pharmacist Rights and the Eroding Moral Marketplace, forthcoming in Stanford Law & Policy Review. (Abstract)

Muslim Firefighter Loses Bid To Keep Beard On Job

Yesterday, a common pleas court judge in Philadelphia ruled against a Muslim firefighter, agreeing with the city that the firefighter cannot wear a beard on the job. The Associated Press reported yesterday that the court found the city's concern about safety problems with the seal on respiratory masks posed by beards was a compelling interest that justified an exception to the protections granted by Pennsylvania's Religious Freedom Protection Act. "Directive 13 (the facial-hair ban) ... is the least restrictive means of furthering its compelling interest in maximizing safety for its members," Common Pleas Judge James Murray Lynn wrote in his order. The court had granted a preliminary injunction to the firefighter pending this decision. (See prior posting.)

RI Supreme Court Rejects Opening Birth Records Based On Mormon Beliefs

On Sept. 19, in In re Philip S., the Rhode Island Supreme Court ruled against an adoptee, now an adult, who claimed that his Mormon religious beliefs should permit him to discover the identity of his birth mother. He claimed that he had a religious duty to trace his ancestry. Additional details of the case, in which the court placed a high value on confidentiality of adoption proceedings, are reported in today's Providence Journal. The Court avoided ultimately deciding a difficult constitutional issue by holding that the petitioner presented the Family Court with no meaningful evidence to support his claim of good cause to open his records other than his own subjective assertions about what he considered to be the requirements of his religion. In a footnote, however, the Court said: "While we make no definitive holding at this time, it is our tentative view that, unless a petitioner’s religious beliefs can be “translated” into a more secular context (such as being a constituent element of a particular petitioner’s psychological need), we do not see how deferring to such a belief would be anything other than a preferential treatment by government based upon religion."

Ballot Measure On Cross In City Seal

In Redlands, California this fall, voters will be called on to cast their ballot on Measure Q, a voter initiative that would amend the municipal code to make official the the city seal used since 1963 that includes in it a cross. The Redlands Daily Facts yesterday reported on the likely challenge that will be raised by the ACLU if the initiative is passed. The Save Redlands' Seal Committee says that the symbol represents the legacy of religion in Redlands, which has sometimes been called the "city of churches." An opposing group, the Redlands Values Coalition, says that using a cross in the logo is intolerant of other faiths, unconstitutional, and fiscally irresponsible because the city would be liable for the ACLU's court costs if it loses in litigation.

ACLU Encourages States To Refuse Abstinence Grants

Today's Washington Times reports that the ACLU is targeting 18 states to encourage them to reject federal funds for "abstinence only" sex education programs in public schools. Among the ACLU's reasons for opposing the programs is their claim that the programs promote religion. Maine announced this week that it will join California and Pennsylvania in rejecting grant money available under Title V of the Social Security Act (42 USC Sec. 710). The Bush administration has proposed increasing the funding for abstinence programs in next year's budget to $206 million.

CA Medical Association Withdraws Original Brief Supporting Doctors' Religious Objections

Oral arguments are scheduled October 11 in a San Diego, California state court of appeals in the case of two doctors who refused because of their religious beliefs to provide artificial insemination to a lesbian. The Associated Press reported yesterday that the California Medical Association which originally filed a brief backing the doctors has now withdrawn its controversial brief, and will file another brief in its place. The Medial Association's Chief Executive, Jack Lewin, said, "it is clear that CMA's policy commitment to oppose any form of invidious discrimination had been so significantly confused and misrepresented, that it was in the best interest of CMA to withdraw the brief." The CMA's new brief says that legal and ethical standards prohibit physicians from discriminating on the basis of sexual orientation, gender identity or marital status, but they can refuse to perform certain procedures on religious grounds if they refuse such treatment for all patients.

Court Will Decide Pastor's Claims Against His Former Church

In Duncan v. Peterson, decided Sept. 8, 2005, the Illinois Court of Appeals permitted a pastor to sue his former church that revoked his ordination. Richard Duncan, and Hope Church of which he was pastor, sued Moody Church, its pastor and chairman of its board of elders. They alleged that defendants invaded Duncan's privacy by sending false and misleading letters revoking Duncan's ordination as a minister. They also alleged conspiracy to damage Duncan's reputation. Duncan, who had been ordained by Moody Church, was charged by defendants with financial and personal wrongdoing. The trial court had dismissed the claims based on the doctrine of ecclesiastical abstention. The court of appeals reversed that holding in part, finding that Duncan's claims can be decided without extensive inquiry into religious law and policy.

ACLU Urges Anti-Discrimination Provisions In Head-Start

The House of Representatives is expected to debate today the School Readiness Act of 2005 (H.R. 2123), which would reauthorize the Head Start program. It is expected that some members of Congress will attempt to amend the bill to allow religious organizations that are Head Start providers to hire teachers based on their religious beliefs. (See prior posting.) The ACLU yesterday urged the House of Representatives to oppose any amendments that would repeal current anti-discrimination provisions in the law. In its letter to members of Congress, the ACLU argues that the statute would be unconstitutional if amended to exempt religious organizations from anti-discrimination provisions.

UPDATE: The AP reports that Thursday afternoon, the House, by a vote of 220-196, approved an amendment offered by Rep. John Boehner to provide hiring protections for faith-based Head Start providers. The ADL immediately issued a release criticizing the amendment. It said: "Federally funded religious discrimination is always wrong, and to permit such discrimination in Head Start, an historic anti-poverty program universally acclaimed and present in so many communities across the country, is misguided and dangerous."

Sikhs In French Court Challenging Turban Ban In Schools

The application to Sikhs of France's law banning the wearing of "conspicuous religious symbols" in public schools is now before France's highest court, the Conseil d'Etat. (See prior postings 1, 2). Today's Hindustan Times reports that counsel is arguing that the Sikh turban is not a "conspicuous" religious symbol, but a part of religious practice. If this argument does not succeed, the petitioners plan to go to the European Court of Justice.

Court Upholds License Photo Requirement

In Valov v. Department of Motor Vehicles, (Sept. 20, 2005), a California appellate court rejected free exercise claims under the U.S. and California constitutions raised to the requirement that a driver's license contain a photo of the licensee. Jack Peter Valov is an orthodox member of the Molokan religious faith. He believes that the Biblical prohibition against "graven images" prohibits the photographing of his image.

The Court rejected Valov's First Amendment claim because the photograph requirement is a neutral, generally applicable requirement that is rationally related to achieving the legitimate governmental interests of promoting highway safety, discouraging fraud, and deterring identity theft. In doing so, the Vehicle Code only incidentally burdening Valov's religious beliefs and practices. The Court rejected a free exercise claim under the California Constitution because the photograph requirement was narrowly drawn to achieve compelling and legitimate state purposes.

Student Seeks Right To Read Bible With Friends During Recess

On Monday, the Alliance Defense Fund asked a federal court in Knoxville, Tennessee to issue a preliminary injunction so that 10-year-old student, Luke Whitson, can read and discuss the Bible with his friends during school recess. In its Memorandum supporting its motion (full text), ADF argues that the school is wrong in treating recess as school instructional time for First Amendment purposes. The motion claims that the school is violating the student's First Amendment speech and religion rights and the due process and equal protection clauses of the 14th Amendment, and that permitting the activity during recess does not violate the Establishment Clause.

Catholic Church vs. PSOE Government In Spain

An article posted on Wednesday on the World Socialist Web Site says that the Catholic Church in Spain is using its network of family organizations, Concapa, in a campaign to oust the Spanish Socialist Workers Party (PSOE) government and return the right-wing Popular Party to power. The Church particularly objects to PSOE's policies on education under which Catholic families will retain the right to choose a religious education for their children, but it will be optional. The Church is also opposed to a proposal to allow Islamic clerics to teach religion in schools. Before the Popular Party was defeated in March 2004, it had proposed the Organic Law of Educational Quality (LOCE). LOCE would have reintroduced compulsory religious education for primary and secondary pupils.

ACLU and ADF On Same Side In School Free Exercise Case

The ACLU of New Jersey finds itself, for a change, on the same side of a case as the Alliance Defense Fund. The case (see prior posting) involves the refusal by a Frenchtown, NJ elementary school to allow an eight-year old girl to sing "Awesome God" in an after-school talent show. The New Jersey Express-Times reports that on Monday the ACLU filed a motion to join the case as amicus on behalf of the student, Olivia Turton. ACLU attorney Jennifer Klear said: "Because the school left the choice of songs up to each individual student, no reasonable observer would have believed that the school affirmatively endorsed the content of each student's selection. Therefore it would not constitute a violation of the separation of church and state. Rather, it's an issue of religious freedom." (See ACLU release.)

Romanian Conference On Religious Liberty

The Adventist News Network yesterday reported on a seminar held earlier this month in Romania on "Religious Liberty in the Romanian and European Context." The conference was organized by organized by the Ministry of Culture and Religious Affairs, State Secretariat for Religious Affairs and the National Association for the Defense of Religious Liberty. A new law on religious freedom (full text) is being considered by the Romanian Parliament. At the Conference, Brigham Young University law professor Dr. W. Cole Durham Jr., said that the proposed law promotes religious liberty, but could be improved in its current "multi-tiered" system of religious organizations that gives some groups more prominence than others.

Iraqi Catholic Bishops Want Change In Constitution

At the last minute, the Iraqi Catholic Bishops' Conference is seeking changes in Iraq's draft Constitution. The Catholic News Service reports today that Chaldean Patriarch Emmanuel-Karim Delly met Iraqi interim President Jalal Talabani and Prime Minister Ibrahim Jaafari Sept. 18 to ask them to remove from the draft the clause providing that laws cannot contradict the undisputed rules of Islam. The Iraqi Bishop's Conference issued a public statement the next day, expressing concern about provisions in the draft Constitution that might lead to discrimination against Christians.

"See You At The Pole" Is Tomorrow, But Is Already In Court

Tomorrow at public schools around the country, students will participate in the annual "See You At the Pole" event. SYATP involves students' gathering at their school flagpoles before classes begin to pray for their leaders, schools, and families. According to the press release for this year's event, over 2 million teenagers participated in last year's programs. This year's theme is "PRAY: call 2 me".

Meanwhile, in Denver, Colorado, a federal judge refused to order a Pueblo, Colorado high school principal to show a video announcing the SYATP rally at his school. According to today's Pueblo Chieftan, a student group called the Fellowship of Christian Bulldogs asked for the 73-second video to be shown during normal school announcements over closed-circuit television. The principal refused because the video called for students to "pray for your school, family, nation and world." The principal, Miguel Elias insisted that references in the video to "prayer" be changed to "event", in order to avoid the school promoting prayer. The student leader of SYATP refused, saying that students who would show up an hour before school for the rally might be offended, not knowing the event was about prayer. However, U.S. District Judge Lewis Babcock agreed that the principal's position was reasonable. He urged both parties to begin negotiations on how to announce next year's rally.

Justice Department Urges Diplomatic Immunity For Pope

In a pending case in U.S. District Court for the Southern District of Texas, the United States Department of Justice has filed a "suggestion of immunity", arguing that Pope Benedict XVI enjoys diplomatic immunity as head of state of the Vatican. According to today's Syndey Morning Herald, the filing says that allowing the lawsuit to proceed would be "incompatible with the United States' foreign policy interests". The former Cardinal Joseph Ratzinger was named as a defendant in a civil lawsuit by three boys who allege that a seminarian molested them during counseling sessions in the mid-1990s. The lawyer for the boys says that if the court grants diplomatic immunity, he will challenge the constitutionality of giving diplomatic recognition to the Holy See, claiming that it violates the Establishment Clause. (See prior posting.)

The Noah Alliance

On Wednesday, a coalition of Jews and evangelical Christians will announce a coalition to support the Endangered Species Act. A release published yesterday by the Religious News Service reports that the Academy of Evangelical Scientists and Ethicists along with the Coalition on the Environment and Jewish Life have formed the Noah Alliance. The House Committee on Resources is considering major changes in the Endangered Species Act.

Some Charges Against Macedonian Archbishop Upheld

Last week, Macedonia's Supreme Court acquitted the head of the Serbian Orthodox Church in the country of two charges, but affirmed his conviction on two others, upholding the 18-month jail sentence he is serving. According to Forum 18 today, Archbishop Jovan (Vranisskovski) of Ohrid. The Archbishop was acquitted of charges of holding a religious service in his father's apartment and being present at the consecration of two bishops in Serbia in 2003. But his conviction for inciting national and religious hatred by becoming exarch of the Ohrid Archbishopric, and for having church calendars were affirmed. The calendars were booklets containing holy dates, prayers and saints' pictures. After prior acquittals, he now faces a new trial on charges of embezzlement, which he alleges was merely depositing foreign funds under his name because the Church was not allowed to hold foreign currency.

Law and Religion Scholarship Recently Published

New law review articles of interest from this week's SmartCILP:
Tawia Ansah, A Terrible Purity: International Law, Morality, Religion, Exclusion, 38 Cornell Int'l. Law Jour. 9-70 (2005).

Justus Reid Weiner, Palestinian Christians: Equal Citizens or Oppressed Minority In a Future Palestinian State, 7 Oregon Review of Int'l. Law 26-222 (2005).

Also just out is Vol. 3, No. 1 of the UCLA Journal of Islamic and Near Eastern Law (2003-04). Included in it are: Anver M. Emon, Toward a Natural Law Theory in Islamic Law: Muslim Juristic Debates on Reason As a Source of Obligation; and Andrew Grossman, "Islamic Land": Group Rights, National Identity and Law.

Newly posted on SSRN:
David E. Guinn, Religion In the Public Square: The Debate, forthcoming in The Encyclopedia of American Civil Liberties.

Malaysia Court Rejects Reflecting Conversion On Identity Card

In Putrajaya, Malaysia, an appellate court has rejected an application to remove "Islam" from the identity card of a woman who says she has accepted the Christian faith. Bernama reports today on the 2-1 decision which held that her renunciation of Islam had not been confirmed by a Sharia court or any other Islamic religious authority.

Mass. Governor Urges Mosque Wiretapping

Last week, Massachusetts Governor Mitt Romney spoke to the Heritage Foundation on Homeland Security: Status of Federal, State and Local Efforts (webcast of speech). The Fitchburg, Massachusetts Sentinel today reports on some particularly controversial comments he made regarding surveillance of mosques:

How about people in settings, mosques for instance, that may be teaching doctrines of hate and terror? Are we monitoring that? Are we wiretapping? Are we following what's going on? Are we seeing who's coming in? Are we seeing who's coming out? Are we eavesdropping, carrying out surveillance on those individuals from places that sponsor domestic terror?

The Anti-Arab Discrimination Committee has called on Romney to repudiate his remarks, but the Governor has refused to do so.

Jewish Naval Academy Chapel Dedicated; Catholic League Issues Equivocal Press Release

Yesterday at the U.S. Naval Academy, a Jewish chapel was dedicated. The Washington Post reported Saturday that now, for the first time, Jewish midshipmen will have their own place to hold religious services. The other service academies already have chapels for their Jewish students. The new building is named after Uriah P. Levy, a naval officer during the War of 1812, who was court-martialed because of conflicts with fellow officers over their anti-Semitic insults.

Last Thursday, the Catholic League for Religious and Civil Rights issued a somewhat equivocal press release on the topic. While applauding the building of the chapel, it noted that traditional civil liberties groups have not objected to the spending of federal funds on it, while they routinely object to the spending of federal funds for classroom materials for Catholic schools. Catholic League president William Donohue concluded the release with the following rather oversimplified criticism of current First Amendment doctrines: "In other words, prayer rugs can be purchased with federal funds to accommodate suspected Muslim terrorists in Guantanamo Bay, and Jewish chapels can be built with federal monies, but Christian kids can’t sing 'Silent Night' in the classroom. Got it everyone?"

Catholic Leader Calls For Civil Disobedience On Pledge

Last week, a California federal district court, following precedent set by the Ninth Circuit Court of Appeals, held that recitation in school classrooms of the Pledge of Allegiance, containing the phrase "under God", violates the Establishment Clause. (See prior posting.) While many religious leaders have been critical of the decision, William Donohue, President of the Catholic League for Religious and Civil Rights has been particularly outspoken. In a release issued last Wednesday, he said:

Now that U.S. District Judge Lawrence Karlton has said he would sign a restraining order banning the recitation of the Pledge of Allegiance in some California school districts, the time has come for patriotic teachers in those schools to practice civil disobedience. They need to lead their students in the Pledge, bellowing the dreaded words "under God." But nothing should be done until the television cameras are in place—the sight of teachers being handcuffed by the police would be an invaluable teaching moment.

Settling this issue in court is fine, but it is inadequate: it’s time to shock the conscience of the nation by bringing this matter directly into their living rooms.

Pres. Bush At Dinner Honoring 350 Years of American Jewish Life

Last Wednesday, President Bush spoke at a dinner in Washington honoring the 350th anniversary of Jewish life in America. His remarks (full text) included the following:

Religious freedom is a foundation of fundamental human and civil rights. And when the United States promotes religious freedom, it is promoting the spread of democracy.... Religious freedom is more than the freedom to practice one's faith. It is also the obligation to respect the faith of others. So to stand for religious freedom, we must expose and confront the ancient hatred of anti-Semitism, wherever it is found....

Under America's system of religious freedom, church and state are separate. Still, we have learned that faith is not solely a private matter. Men and women throughout our history have acted on the words of Scripture and they have made America a better, more hopeful place. When Rabbi Abraham Heschel marched with Martin Luther King, we saw modern-day prophets calling on America to honor its promises. We must allow people of faith to act on their convictions without facing discrimination.

And that's why my administration has started a faith-based and community initiative, to call on the armies of compassion to help heal broken hearts. A few years ago in New York, the Metropolitan Council on Jewish Poverty was discouraged from even applying for federal funds because it had the word "Jewish" in its name. We must end this kind of discrimination if we want America to be a hopeful place.

Miss. Supreme Court Rules On Priest-Penitent Privilege In Discovery

On September 15, the Mississippi Supreme Court in Mississippi United Methodist Conference v. Brown held that a document-by-document review was required in discovery to determine whether particular documents were covered by the priest-penitent privilege. Today's Jackson, Mississippi Clarion-Ledger reports on the case which involves release of United Methodist Church documents to a woman who had filed a $10 million lawsuit against a minister who sexually assaulted her.

Peremptory Removal of Clergy As Jurors Unconstitutional

In Highler v. State, (IN Ct. App., Sept. 15, 2005), an Indiana state appellate court held that the prosecution's use of peremptory challenges in criminal trials to remove all members of the clergy from jury panels "because they're more apt for forgiveness" is unconstitutional. However, it found tha in this case there were other legitimate reasons for the peremptory challenge of an African-American clergyman.

Sabbath Observer Gets Unemployment Compensation

In Guaranteed Auto Finance, Inc. v. Director, ESD (Sept. 14, 2005), an Arkansas court of appeals upheld an administrative agency's award of unemployment compensation to an employee who left his work because the company required he work on Saturday, his Sabbath. The court held that the employee had good cause to leave his job when his religious beliefs conflicted with his employer's requirements.

Bush's Remarks At National Services For Katrina Victims

On Friday, President Bush spoke at the National Day of Prayer and Remembrance Service at the Washington National Cathedral honoring victims of Hurricane Katrina. His remarks (full text) included the following:

In this hour of suffering, we're prayerful. In a wounded region, so many placed their faith in a God who hears and helps. And so many are bringing their grief to a Savior acquainted with grief. Our nation joins with them to pray for comfort and sorrow, for the reunion of separated families, and a holy rest for the ones who died.

Through prayer we look for ways to understand the arbitrary harm left by this storm, and the mystery of undeserved suffering. And in our search we're reminded that God's purposes are sometimes impossible to know here on Earth. Yet even as we're humbled by forces we cannot explain, we take comfort in the knowledge that no one is ever stranded beyond God's care. The Creator of wind and water is also the source of even a greater power -- a love that can redeem the worst tragedy, a love that is stronger than death.

County Will Not Send Judge To Florida Christian CLE Program

Hamilton County, Ohio Commissioners have refused to authorize $1700 to send Cincinnati state court of appeals judge Rupert Doan to a Christian legal conference in Naples, Florida. The Cincinnati Enquirer today reported that even though judges are required to attend continuing legal education programs, this one, the Christian Legal Society's national conference titled Faith at the Crossroads: Following Christ in Law & Life, was turned down by the county commission not because of its religious content, but because of its "exotic Location".

White House On Faith-Based Initiatives and Katrina

The White House has posted on its web site the transcript on an online "Ask the White House" forum in which Jim Towey, Director of the White House Office of Faith-Based and Community Initiatives discusses the role of religious organizations in Hurricane Katrina relief. The posting includes Towey's answers to a dozen different questions from around the country on relief measures and other topics. Here is an example:

Tom, from Gaithersburg, MD writes: Why does huricane releief have to be "faith based". Why can't people withouth "faith" get huricane relief? Thomas Munro

Jim Towey: Hi Tom. Just to be clear, people without faith are equally eligible to receive disaster assistance. There is not a "faith test" for aid. And people very devout in their faith or with no faith at all have been volunteering and helping serve hot meals to the hungry and house those without home. It has been marvelous to watch.

High School Student Suspended For Handing Out Religious Literature

The Staunton, Virginia News Leader reported today on the three-day suspension of a high school student who refused to stop distributing religious literature at her Augusta County public high school. The student, Samantha Weatherholtz , had passed out about 100 leaflets when Fort Defiance High School's Assistant Principal told her to stop. The only comment from school officials was from Assistant Superintendent George Earhart, who said: "I am certainly going to look into it next week. At this point, I do not have anything else to say."

Faith-Based Initiatives, Katrina and the Jewish Community

Liberal Jewish groups have historically opposed President Bush's faith-based initiatives. The Baltimore Jewish Times today reports that the aftermath of Hurricane Katrina has created new concerns for these groups. Synagogues and Jewish day schools that have set up shelters and other relief services will have to decide whether to accept federal aid that is likely to be available to faith-based groups, and Jewish institutions damaged by the hurricane will have to decide whether to accept assistance from FEMA. There also is concern that future Federal aid packages will contain funds for religious groups to provide relief. That could put opponents of faith-based initiatives in the difficult position of opposing disaster relief.

NY College Sued Over Denial Of Access By Religious Speaker

On Sept. 7, the Alliance Defense Fund filed suit alleging First Amendment violations (full complaint) against New York's Ulster County Community College on behalf of an individual who was not permitted to speak on campus about his Christian faith and hand out religious literature. ADF's release on the case explains that the plaintiff, Greg Davis, was first told that he could speak. Later the same day that he was told he would need to submit a facilities use permit application even though he did not intend to make use of any school buildings. Finally, Davis left campus after a different school official informed him that his religious expression was totally prohibited. Davis then filed the use permit application, but it was denied because religious expression does not constitute a "cultural," "educational," "social," or "recreational" activity.

Pledge Decision Condemned By Officials; Appeal Planned

Official reactions were quick to come to Wednesday's federal district court decision from California finding that school classroom recitation of the Pledge of Allegiance containing the phrase "under God" violates the Establishment Clause. (See prior posting.)

U.S. Attorney General Alberto Gonzales issued the following statement:

For more than two hundred years, many of our expressions of national identity and patriotism have referenced God. The Supreme Court, which opens each session by saying "God save the United States and this honorable Court," has affirmed time and again that such official acknowledgments of our Nation's religious heritage, foundation, and character are constitutional. The Department of Justice will continue vigorously to defend the ability of American schoolchildren to pledge allegiance to the flag.

Also, late Thursday, the U.S. Senate voted to condemn the court ruling (S. Res. 243), according to a report by the Associated Press.

Meanwhile, the Knights of Columbus, one of the defendants in the case, announced that it planned an immediate appeal.

Baptist Meeting Examines Religious Liberty

Yesterday, the Baptist Press reported on the recent Baptist Distinctives Conference sponsored by the Southwestern Baptist Theological Seminary. Keynote speaker was Richard Land, president of the Ethics & Religious Liberty Commission of the Southern Baptist Convention. The theme of the Conference was “The First Freedom” of religious liberty. In his remarks, Land said: "The greatest threat to religious freedom in America are secular fundamentalists who want to ghetto-ize religious faith and make the wall of separation between church and state a prison wall keeping religious voices out of political discourse."

Roberts' Testimony On Church-State

The Wall of Separation blog carries an interesting summary of John Roberts' testimony on his church-state views given during his confirmation hearings. One of Roberts' statements:

[The Court] has adhered through thick and thin to the Lemon test, probably because they can’t come up with anything better. But the results sometimes, I think, are a little difficult to comprehend.

Prison Ban On White Supremacist Books Upheld

In Borzych v. Frank, 2005 U.S. Dist. LEXIS 19840 (USDC, WD Wis., Sept. 9, 2005), a Wisconsin federal district court rejected a prisoner's claim that he was wrongfully denied access to several White Supremacist books in violation of his religious rights. The court rejected plaintiff's First Amendment, RLUIPA, and state statutory claims, finding that the prison's "interest in maintaining a safe and secure multi-racial prison environment is served by minimizing plaintiff's ability to flaunt his kinship with a disruptive group whose philosophical ideology promotes racial superiority, encourages violence and disregards social standards."

California District Court Finds Pledge In Classrooms Unconstitutional

Yesterday in Newdow v. Congress of the United States, the United States district court for the Eastern District of California held that the Ninth Circuit's prior decision finding that the recitation of the Pledge of Allegiance in public school classrooms violates the Establishment Clause is binding on the district court. That decision, questioning the inclusion of "under God" in the Pledge, was subsequently reversed by the U.S. Supreme Court because the plaintiff, Michael Newdow, lacked standing. Now the district court applies the prior 9th Circuit holding on the merits in an extremely narrow manner.

First the district court denied standing to Michael Newdow, but found that the other plaintiffs who are parents of school children had standing. On the merits, it held that teacher-led recitation the Pledge in school classrooms violates the Establishment Clause because of the pressure placed on students to recite it, but that reciting the Pledge at school board meetings does not create the same kind of coercion. Finally, in an interesting twist, the Court held that since it stands ready, if requested, to enjoin the recitation of the Pledge in classrooms, the parents who are plaintiffs no longer have any injury in fact. Therefore, their challenge to the constitutionality of 4 U.S.C. Sec. 4, which codifies the wording of the Pledge of Allegiance, is rendered moot.

The New York Times today reports that teachers in the Elk Grove Unified School District, one of the Districts involved in the lawsuit, were told to continue leading students in the pledge because the judge's ruling did not include an injunction.

ACLU Questions Use Of Religion By New Mexico Coach

The Albuquerque, New Mexico Tribune reported yesterday that the New Mexico chapter of the American Civil Liberties Union is again raising concerns that University of New Mexico men's basketball coach Ritchie McKay is inappropriately mixing religion with his recruiting and coaching. This round of complaints was triggered by newspaper accounts of McKay's recruitment of Kansas transfer J.R. Giddens.

The ACLU went public with its concerns after being unhappy with the response it received to an Aug. 4 letter it wrote to McKay and Athletics Director Rudy Davalos. McKay says he never received the ACLU letter, but denies any improprieties. However, McKay says that the pastor of his church will continue to attend practices, because "he has a great relationship with many of our players."

Summary Judgment Denied In Dover Intelligent Design Case

A trial in the evolution/Intelligent Design controversy in Pennsylvania's Dover School District is scheduled to start on Sept. 26. The York Daily Record reported yesterday that U.S. District Judge John E. Jones III on Tuesday denied Dover's request that the case be dismissed before trial through summary judgment.

Ontario Premier Wants To Ban Religious Tribunals; Objections Voiced

According to the Associated Press, Jews and Muslims in Ontario will fight for faith-based tribunals to settle family disputes after Ontario Premier Dalton McGuinty announced on Sunday that he would introduce legislation to ban all religious arbitration in Ontario. McGuinty on Sunday said that religious arbitrations "threaten our common ground." He promised his Liberal Party government would introduce legislation to outlaw them in Ontario. B'nai B'rith Canada is considering a constitutional challenge to the decision that would ban the long-standing use of rabbinical courts to grant divorces and adjudicate other family matters. (See related prior posting.)

Cert Filed In Americorps Religious Funding Case

The American Jewish Congress announced today that it has filed a petition for certiorari in the United States Supreme Court asking it to review the D.C. Circuit Court of Appeals March 2005 decision in American Jewish Congress v. Corporation for National and Community Service. At issue is whether the Corporation for National and Community Service which administers federal Americorps programs may provide education awards to teachers who teach religion as well as secular subjects in religious schools, and whether it may make grants to the religious organizations that oversee those teachers. AJC contends that this violates the Establishment Clause.

New Scholarly Papers Online

On SSRN:
Cornell University Professor Bernadette A. Meyler, The Equal Protection of Free Exercise: Two Approaches and their History .

On Bepress:
McGeorge School of Law Professor Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuality, and the Paradox of Community and Autonomy.

Southwest Missouri State University Professor Kevin Pybas, Two Concepts of Liberalism in Establishment Clause Jurisprudence.

Another 10 Commanments Monument OK'd

The Seattle Post-Intelligencer reports that yesterday a federal district court in Seattle, Washington applied the U.S. Supreme Court's recent rulings on Ten Commandments monuments and held that a monument on public property in Everett, Washington may remain. The monument, donated by the Fraternal Order of Eagles 45 years ago, was almost identical to the one in Texas that the U.S. Supreme Court approved in the Van Orden case in June 2005.

UPDATE: Here is the full opinion inthe case, Card v City of Everett.

TX Capital Punishment Laws Do Not Violate Establishment Clause

In Roach v. Dretke, 2005 U.S. Dist. LEXIS 19697 (USDC ND Texas, Sept. 9, 2005), a federal district judge rejected arguments that the Texas capital punishment laws violate the Establishment Clause. The court held, however, that there were a number of secular purposes for the law. It said that where proponents of the death penalty did cite the Bible, it was in response to quotes from the Bible by those opposed to capital punishment.

6th Circuit Upholds RLUIPA On Spending Clause Grounds

In May 2005, the U.S. Supreme Court upheld the Religious Land Use and Institutionalized Person Act against an Establishment Clause attack. On remand to the U.S. Sixth Circuit Court of Appeals, challengers claimed other constitutional defects in the statute. Yesterday, the Sixth Circuit in Cutter v. Wilkinson held that RLUIPA was a valid exercise of Congress' power under the spending clause. Because this was a sufficient basis for the statute, the court indicated that it need not decide whether Congress could also have relied on the commerce clause to enact the statute. [Thanks to Derek Gaubatz via Religionlaw listserv for the lead.]

Two Prisoner Cases From Wisconsin

In West v. Overbo, 2005 U.S. Dist. LEXIS 19550 (EDWis., Sept. 8, 2005), a Wisconsin federal district court reject a Muslim inmate's claims that prison authorities retaliated against him by serving nutritionally inadequate food, insulting Ramadan participants by issuing an extra dessert, and repudiating the feast of Eid-al-Fitr.

In Andreola v. Wisconsin, 2005 U.S. Dist. LEXIS 19535 (EDWis., Sept. 2, 2005), a county jail inmate had requested that he be served a kosher diet prepared in separate facilities which he could supervise. The court rejected his First Amendment claim based on a denial of his request, as well as his fraud claim. However, the court permitted more evidence to be introduced on the prisoner's claim under the Religious Land Use and Institutionalized Persons Act.

Raising Legal Fees On eBay By Selling the Decalogue

In July, a Georgia federal judge ordered Barrow County to remove a Ten Commandments plaque from its courthouse. (See prior posting.) A private group, Ten Commandments-Georgia, pledged to reimburse the county for its legal expenses. The Atlanta Journal Constitution reports today that in order for the group to raise the last $52,000 it needs to meet that pledge, it has put up for auction on e-Bay the authentic Ten Commandments plaque that was removed under the order of the court.

Temporary Injunction For Churches Against MN Concealed Carry

The Associated Press reported yesterday that Hennepin County, Minnesota District Judge LaJune Thomas Lange granted two Twin Cities churches a temporary injunction against enforcement of Minnesota's concealed carry law. The statute requires churches that wish to exclude firearms to post signs with specific wording. It also allowed concealed weapons in church parking lots and in church premises leased to other groups. (See prior posting.) One church ignored the required wording and put up signs that read "Blessed are the peacemakers. Firearms are prohibited in this place of sanctuary.'' The temporary injunction applies until a trial is held. The judge said that the statute "impermissibly intrudes into the free exercise of religion by arbitrary definitions, which dictate restrictions on the use of church property for worship, childcare, parking and rental space."

3 Briefs In O Centro Available

The full briefs submitted by both parties, as well as one of the amicus briefs, in Gonzales v. O Centro Espirito which will be argued before the US Supreme Court on November 1 have been posted by Mark Kleiman on his blog. The case involves a challenge under the Religious Freedom Restoration Act to a prohibition under the drug laws on the use of ayahuasca for religious purposes. (See related posting.)

Dutch Court Bars Funding of Christian Party That Discriminates Against Women

From the Netherlands, Expatica reports today that a court in The Hague last week prohibited the Dutch government from continuing to give an annual grant to a small Christian political party, the Staatkundig Gereformeerde Partij (SGP). The court accepted the argument advanced by a coalition of women's groups that the State should not fund a party that does not allow women to be full members. The Court said that the funding violates the United Nations Convention on Discrimination against Women which Netherlands has ratified. The Dutch government says it will appeal the ruling.

Columnist Questions Faith-Based New Orleans Aid

James Carroll's column in today's Boston Globe asks whether "the abysmal performance of government agencies in responding to this crisis [in New Orleans] isn't related to the unprecedented emphasis the government itself has been putting on ''faith-based" groups as key providers of social services." He continues:

Even when faith-based groups claim to offer social services with no strings attached, one must ask if such detachment is possible.... The problem is redoubled when religiously sponsored good works supply essential needs in place of government responses. Something essential to democracy is at stake here. The rights of citizens to basic relief, especially in times of crisis, are rooted not in charity, but in justice. Charity can be an affront to the dignity of citizenship. Citizens in a democracy, after all, are the owners of government; therefore government help is a form of self-help.

Anti-Sharia Protests In Canada Also Threaten Jewish and Catholic Tribunals

Ynet News reports today on an unanticipated consequence of the furor over the possible introduction of Islamic tribunals in Canada. (See prior posting.) The protests threaten the use in Ontario since 1991 of Jewish and Catholic tribunals to settle family law matters on a voluntary basis. Ontario Premier Dalton McGuinty said that he is against letting Islamic law be used to settle family disputes, and will move against existing religious courts, as well.

Idaho Governor's Plans For Dalai Lama Visit Protested

The Dalai Lama is visiting Sun Valley, Idaho this weekend. The Associated Press reported on Saturday that Idaho's Governor Dirk Kempthorne had school children write essays related to the Tibetan Buddhist leader's visit and plans to send busloads of school children to see him in Sun Valley on Monday. The Governor's web site features extensive information about the visit of the Buddhist leader Some parents have complained that the governor's plans violate the constitutionally required separation of church and state.

Pastor Claims 9-11 Memorial Design Is Islamic Crescent

World Net Daily reported yesterday that Rev. Ron McRae, head of the Bible Anabaptist Church near Jerome, Pa., is considering going to court to challenge the design that has been approved for the memorial to honor the victims of Flight 93 that crashed in Pennsylvania on 9-11. The memorial will be a mile-long semicircle of red maples surrounding the place near Shanksville, Pa, where the flight's 40 passengers and crew were killed. The pastor argues that the design, called "Crescent of Embrace", is in fact the symbol of Islam. McRae said: "They wouldn't dare put up the Ten Commandments or the cross of Christ, but they're going to put up a red crescent. We're not going to stand idly by and allow this to happen."

Israel's Cabinet Votes To Leave Gaza Synagogue Buildings Standing

The Jerusalem Post today reports that Israel's Cabinet, by a vote of 14-2, has decided not to destroy the buildings in the Gaza Strip that had been used as synagogues. Even though Israel's High Court of Justice ruled that Israel could destroy the buildings as part of its disengagement from Gaza, significant opposition to the plan arose from rabbis within Israel as well as from Jewish communities outside of Israel who argued that the plan would encourage destruction of synagogues elsewhere in the world. (See prior posting ). The Palestinian Authority is not happy about the decision to leave the buildings standing, since the fear the bad publicity if they are not be able to prevent radical Palestinians from destroying the buildings. One Israeli official said that the buildings, from which all contents have been removed, might be sealed with cement to prevent their destruction.

UPDATE: On Monday morning, Aljazeera reported that Palestinians set fire to 3 abandoned Gaza synagogues as Israeli troops left the area. A synagouge in Netzarim was bulldozed after a group of youths burned it down.

Articles On Religion Clause Issues Published Recently

This week from SmartCILP:
Sheldon H. Nahmod, The Pledge As Sacred Political Ritual, 13 Wm. & Mary Bill of Rights Jour. 771-793 (2005).

Michael deHaven Newsom, Some Kind of Religious Freedom: National Prohibition and the Volstead Act's Exemption For the Religious Use of Wine, 70 Brooklyn Law Rev. 739-888 (2005).

L. Scott Smith, "Religion-Neutral" Jurisprudence: An Examination of Its Meanings and End, 13 Wm. & Mary Bill of Rights Jour. 815-870 (2005).

The Journal of Law and Religion, Vol. 20, Issue 1 has been published. A partial table of contents is available online.

National Days of Prayer and Remembrance Proliferate

National days of prayer and remembrance seem to abound. On Thursday, President Bush issued a Proclamation making September 16, 2005, a National Day of Prayer and Remembrance for the Victims of Hurricane Katrina. The President requested: "I ask that the people of the United States and places of worship mark this National Day of Prayer and Remembrance with memorial services and other appropriate observances. I also encourage all Americans to remember those who have suffered in the disaster by offering prayers and giving their hearts and homes for those who now, more than ever, need our compassion and our support."

Then on Friday, the President issued another Proclamation making September 9 through September 11, 2005 Days of Prayer and Remembrance to honor those killed by terrorism in the attacks of 9-11. The President asked the country to "pay tribute to the memory of those taken from us in the terrorist attacks in New York, in Pennsylvania, and at the Pentagon."

Indiana 10 Commandments OK'd

An Indiana federal district court judge has decided that a Ten Commandments monument can remain on the Gibson County, Indiana courthouse lawn, according to a report in today's Fort Wayne Journal Gazette. This reverses a ruling the judge made in January before the US Supreme Court set down standards for Ten Commandments monuments on public property.

Native American Prisoner Wins Nominal Damages

Today the Arkansas Democrat Gazette reported on a recommended decision by a federal district court magistrate in Fayetteville. She concluded that Benton County violated a former inmate’s rights under the First Amendment and RLUIPA when it banned his American Indian "prayer feather" from the county jail. The magistrate found that the denial substantially burdened Billy Joe Wolf, Jr.'s religious exercise. Wolf testified that he needed the feather to communicate with the "Great Spirit." Officials claimed that the feather could be used as a weapon, but Magistrate Beverly Stites Jones said that inmates are allowed to have pencils, toothbrushes and other items that are as potentially dangerous. The Magistrate recommended that the county pay Wolf nominal damages of $1.

Hawaiian Natives File Emergency Appeal On Burial Items

The Honolulu Star-Bulletin today reports that a native Hawaiian group has filed an emergency appeal to the US Ninth Circuit Court of Appeals after a federal district court judge in Hawaii ordered the group to return burial items so that 14 federally recognized native Hawaiian claimants could be consulted on what to do with the items. The group, Hui Malama I Na Kupuna 'O Hawaii Nei, reburied the items in 2000 to honor the wishes of kupuna (ancestors). In an affidavit supporting their appeal, a founder of the group said: "Specifically, it would be an extreme hewa (wrong) for me or any other Hui Malama member, if ordered, to take part in any effort to enter the Kawaihae burial cave, with two to three known caves, to remove the 83 moepu, as they belong to the kupuna buried therein," and that would harm "the integrity of the afterlife of these kupuna." It "amounts to stealing from the dead, an action that threatens severe spiritual consequences for anyone involved." Hui Malama has also said it does not want to return the items because it would be handing them over to the Bishop Museum that "acted as a fence for the original grave robbers."

Court TV Excluded From Intelligent Design Trial

A Pennsylvania federal district court has refused the request by Court TV to televise live the proceedings in the suit against the Dover Area School District challenging its teaching of intelligent design. The case denying the request is Kitzmiller v. Dover Area School Dist., 2005 U.S. Dist. LEXIS 19295 (MD Pa., Sept. 7, 2005).

Israel High Court Lifts Injunction Against Synagogue Destruction In Gaza

Haaretz reports that on Thursday, an expanded panel of Israel's Supreme Court allowed the government to proceed with its planned demolition of synagogues in the now-evacuated Gaza Strip that have not been moved back to Israel. (See prior postings, 1, 2, 3 ). The ruling lifted an earlier temporary injunction against the demolitions. In a 4-3 decision, a majority determined that there was no legal basis for further hearings on the issue. Nevertheless, the Government delayed beginning demolitions until after Sunday's Cabinet meeting.

Sixth Circuit Upholds Prison Hair Length Rules

In Hoevenaar v. Lazaroff, the U.S. Sixth Circuit Court of Appeals yesterday rejected a prisoner's claim that rules regarding his hair length burdens his right to practice his religion in violation of the Religious Land Use and Institutionalized Persons Act. Hoevenaar is a Native American of Cherokee ancestry who wishes to maintain a “kouplock” (a two inch by two inch square section at the base of the skull where hair is grown longer than a person's other hair). This violates the grooming provisions in Ohio Admin. Code § 5120-9-25(D). Prison authorities argued that the grooming provisions prevent inmates from hiding contraband in their hair, and prevent them from quickly changing their appearance after a prison break by cutting their hair. The court reversed the trial court's ruling in favor of the Hoevenaar, saying that the trial judge failed to give proper deference to prison officials on the issue of whether banning a kouplock was the least restrictive means to promote prison safety and security. [Thanks to Stuart Buck via Religionlaw listserv for the lead.]

Selective Prosecution Claim Rejected

In Kelly v. City of New York, 2005 U.S. Dist. LEXIS 19140 (SDNY, Sept. 6, 2005), a federal trial court rejected the claim of several former employees of the New York Department of Corrections that they were suspended and recommended for termination because of their adherence to the Moorish faith. The court found overwhelming evidence that they were disciplined because of bogus tax documents they submitted and because the Department reasonably believed that they were affiliated with a dangerous non-religious group.

AF Academy General Cleared of Final Charges

Yesterday the Air Force Inspector General cleared Air Force Academy Commandant of Cadets Brig. Gen. Johnny Weida of the last charge pending against him relating to claimed proselytization of cadets. (See prior posting.) The Associated Press reports today that the last charge which has now been dropped is "using a religious communicative code to facilitate the proselytizing of non-Christian cadets." An Air Force spokesperson added, "Gen. Weida has readily acknowledged that his actions were inappropriate and has taken positive, visible corrective actions that reflect his true character."

British Catholic Leader Protests Draft Iraqi Constitution

A top Catholic Church official in Britain, Cardinal Murphy-O’Connor, the Archbishop of Westminster and the Head of the Roman Catholic Church of England and Wales, wrote a letter to the British Foreign Secretary Jack Straw last Friday complaining that the new draft Iraqi Constitution may be a real threat to religious freedom in Iraq. He cited the controversial Article 2(a) of the draft constitution that provides "no law can be passed that contradicts the undisputed rules of Islam". The Christian Post reports today that one problem is the requirement in Islamic law that conversion of Muslims to other religions be prohibited or discouraged.

Today Is Protest Day Against Sharia Courts In Canada

Today is the Second International Demonstration Against Sharia Courts In Canada, according to the campaign's website. Protest speakers are scheduled in major cities around Canada as well as in several European cities. An opinion piece in yesterday's Judeoscope reviews support for Sharia tribunals in Canadian media, but argues that if adopted, the tribunals would impose legal apartheid on Canadian Muslims and destroy the legal and social fabrics of Canada. And today's Toronto Globe & Mail carries a story on the problems that women in Canada now face on family law matters in Sharia courts.

Spokane Diocese Appeals; Others React

The Associated Press reported yesterday that, as expected, the Diocese of Spokane has appealed a bankruptcy judge's decision that churches and parochial schools were assets of the Diocese that can be sold off in the Diocese's bankruptcy proceedings. (See prior posting.) The bankruptcy filing was necessitated by claims against the Diocese for clergy sexual abuse. The National Catholic Reporter this week in an editorial titled Bankruptcy: The Gamble That Backfired criticized the Diocese of Spokane and the Archdiocese of Portland for filing for bankruptcy. Meanwhile, Catholics in Tuscon, Arizona are considering separately incorporating Arizona parishes to shield their assets from being sold off for debts of the Diocese after the Diocese filed for bankruptcy and settled with clergy sexual abuse victims.

Utah State Education Board Rejects Intelligent Design In Science Curriculum

The Wall of Separation Blog yesterday reported that last week, Utah's State Board of Education, with the support of the state's governor, voted unanimously to keep evolution in the biology curriculum. Their action was taken despite pressure from the Religious Right to include Intelligent Design in science classes. A Utah state senator, Chris Buttars has been a strong backer of Intelligent Design, saying that the theory of evolution "has more holes than a crocheted bathtub". Buttars said that he would introduce a Academic Freedom Act" next year to force public schools to teach Intelligent Design.

Rastafarian Prisoners Punished For Grooming Rule Violations

The Richmond, Virginia Times Dispatch reports this morning that at least eleven Rastafarian prisoners in Virginia prisons have been held in segregation since 1999 for refusing to comply with prison grooming policies. In segregation, prisoners spend 24 hours in their cells, eating their meals there as well. For religious reasons, the Rastafarians refuse to cut their hair or shave their beards. Prison officials say the policy was put in place to help identify prisoners who could otherwise change their appearance from their original mug shots. Advocates for the prisoners seek a religious exemption from the grooming rules.

Residents of Faith-Based Treatment Facilities Retain Food Stamp Eligibility

The U.S. Department of Agriculture announced yesterday that Agriculture Secretary Mike Johanns and Health and Human Services Secretary Mike Leavitt have issued a joint letter to governors clarifying the policies on access to food stamps for individuals living in faith-based and community drug and alcohol treatment centers. The August 26 letter made it clear that that a faith-based or community treatment facility does not need to be licensed by the state in order for its residents to qualify for food stamps. So long as a facility is recognized by a State's Title XIX agency as one that furthers drug or alcohol rehabilitation, the residents of the facility retain their food stamp eligibility and the facility itself qualifies as an authorized food stamp retailer. Secretary Leavitt said, "We have informed all governors that there should be no barriers to Food Stamp participation for successful and proven recovery models such as those often used by faith-based and community treatment centers."

Another Decision On Gaza Synagogues By Israel's High Court

As reported in a previous posting, on Sunday an expanded panel of Israel's Supreme Court conducted a hearing on the legitimacy of the government's plans to destroy most of the synagogues in the Gaza Strip now that Israel has disengaged from the area. Arutz Sheva reported that on Tuesday, the Court's seven judge panel issued a unanimous interim decision. According to an AP report on the decision, the Court called on Prime Minister Ariel Sharon to "issue official requests to different authorities (the Palestinian Authority, the secretary of the United Nations and the president of the United States) in order to ensure that with the transfer of all of Gaza to Palestinian control, the synagogues will be preserved and not demolished."

Reacting to the ruling, the Palestinian Authority Cabinet demanded that Israel demolish or move the synagogues, according to a report today by the Palestine Media Center. Palestinian leaders argue that they will be subject to firece criticism if they destroy the synagogues, but if they do not, the buildings are likely to become a rallying point for radical groups.

Scientology-Based Drug Program Dropped From California Schools

[CORRECTED] Here is a story from earlier this year which has surfaced again. In February of this year, California state school superintendent Jack O'Connell urged all California schools to drop the Narconon Drug Prevention & Education, a free program with ties to the Church of Scientology. A report posted Tuesday by Pressbox.co.uk from the February 23, 2005 San Francisco Chronicle says that a review of the program revealed that it contained inaccurate and unscientific information based on beliefs of the Church of Scientology. San Francisco and Los Angeles schools earlier dropped the program. The state's report on the Narconon program is available online.

University of Minn. Ends Faith-Health Course After Being Sued

BBS News reported yesterday that the University of Minnesota, after being sued by the Freedom From Religion Foundation, has agreed that it will not offer a planned "faith/health leadership" course. The University had already announced that it was withdrawing from the Minnesota Faith Health Consortium. In its full complaint, FFRF alleged that the University's program which integrated medicine and theology violated the Establishment Clause of the US Constitution and the "no-preference" provision of Minnesota Constitution Art. I, Sec. 16. FFRF argued that tax-supported religious indoctrination is an integral component of the program, and that it includes explicitly religious content designed to be integrated into public health delivery models.

Religious Group Challenges Ohio Library's Meeting Room Use Rule

Fresh from a victory in Colorado in which it obtained agreement of a public library to change its rules, Liberty Counsel announced last week that it is now suing a northeast Ohio public library to challenge its policy on the use of its Community Room. The library makes the room available to non-profit organizations, but requires that if a program a group presents deals with a "controversial subject", then the group must present "all sides of the issue". Liberty Counsel applied to use the room for a meeting that would present the Biblical view of traditional marriage. The meeting was to include prayer and the reading of scripture. Permission to use the room was denied because other sides of the issue were not being presented. Liberty Counsel claims that government cannot require citizens to violate their conscience by promoting other views in order to express their own.

Uzbekistan Controls Religious Literature

On Tuesday, Forum 18 reported that a court in the Tashkent region of Uzbekistan has ordered the destruction of 600 Uzbek-language Christian leaflets for children. Other books, including New Testaments, seized from four Baptists in July were ordered to be handed over to the government's Religious Affairs Committee. The 4 individuals were found guilty of illegally importing the books and were each fined $35(US). However a senior religious affairs official explained the problem as follows: "According to Uzbek law, religious literature brought into the country has to undergo preliminary analysis at our committee. There is no problem with the Bible or New Testament. The Baptists should ask us 10 days before they intend to import the books and we would no doubt give them permission to go ahead with the shipment. As far as the other religious literature goes, then we do need to check it. If we judge that it contains no call to inter-ethnic or inter-faith conflict or proselytising ideas, then we will allow its import into the country."

Fifth Circuit Finds China's Actions Are Not Religious Persecution

The Sept. 6 issue of Christianity Today carries a story about the U.S. Fifth Circuit Court of Appeals opinion (Aug.9, 2005) in Li v. Gonzales. The Court of Appeals upheld a decision of the Board of Immigration Appeals which refused to permit a Chinese Christian who claimed religious persecution to remain in the United States. At issue were the provision of 8 USC Section 1253(h), which are now found in 8 USC Sec. 1231(b)(3). They permit withholding of an alien's removal from the country if the alien would be persecuted at home on account of his or her religion. Li had been prosecuted in China for holding an illegal religious gathering and conducting an underground church. The court found that Li had been punished at home for violating China's law on unregistered churches and not because of his religion. It said:

The evidence suggests that the Chinese government condones, or rather tolerates, the Christian faith and seeks to punish only the unregistered aspect of Li’s activities. There is therefore reasonable, substantial, and probative evidence to support the BIA’s decision that Li’s punishment was for his activities and not for his religion.... Clearly, we are faced with a complicated issue in this case. The issue in this case is perplexing not only because it involves affairs of a foreign state that are contrary to our fundamental ideals but also because the line between religious belief and religious activity here is indeed a fine one and it is colored by sensitive political and religious concerns. However, while we may abhor China’s practice of restricting its citizens from gathering in a private home to read the gospel and sing hymns, and abusing offenders, like Li, who commit such acts, that is a moral judgment not a legal one.

[Thanks to Brad M. Pardee via Religionlaw listserv for the lead.]

License Suspension In Child Support Case Opposed on Free Exercise Grounds

Today the Vermont Supreme Court will hear arguments in a religious freedom case, according to yesterday's Boston Globe. The Vermont Office of Child Support, acting under a court order, proceeded to suspend the driver's license of former Vermonter Joyce Stanzione who has not paid child support since she separated from her husband in 1991. Stanzione is a member of the Florida Twelve Tribes Messianic Community whose rules prohibit her from having an income. Her attorney says that Ms. Stanzione uses her car every day in church work she performs around the community. Stanzione argues that suspending her license because she has no income violates her First Amendment Free Exercise of Religion rights.

Australian Islamic Party Wants Sharia For All Aussies

The Australian reports today that the Best Party of Allah has become the first Islamic political party to apply for registration in the Australian Capital Territory. Kurt Kennedy, the leader of the party who is a Vietnamese born Muslim convert says that all Australians should be living under Islamic law as set out in the Quran. Non-Muslims are welcome to join the party which presently has less than 200 members.

Positions of Jewish Groups On Roberts

American Jewish organizations across the spectrum have sent letters and met with members of the Senate Judiciary Committee as the hearings on the nomination of John Roberts to the Supreme Court approaches. The groups do not all agree among themselves on whether Roberts nomination should be supported or opposed. Yesterday's Jerusalem Post outlined the positions of six major organizations.

Commercial Tenant Claims Haunted Building Violates His Religious Principles

An Orlando, Florida trial court faces an unusual defense in what began as a typical commercial landlord-tenant dispute for back rent and damages for breach of a restaurant's lease. Friday's Orlando Business Journal reports in detail on the litigation. The restaurant is in the heart of Orlando's historic district and the defendant claims that the historic building is haunted. Christopher Chung has refused to move his sushi restaurant into the building because his religious beliefs require him to avoid encountering or having any association with spirits or demons.

In a classic demonstration of alternative defenses, the owner of the building denies there are ghosts in the building, and argues that even if there are ghosts, they do not interfere with the use of the property. In another defense, the owner says it offered to conduct an exorcism to free the property from the ghosts. Finally, the owner argues that the lessor is a corporation, and corporations do not have religious beliefs.

Minister Blesses Senate Hearing Rooms Before Roberts Hearings

Today's Washington Post reported that Evangelical minister Rob Schenck has secretly blessed every piece of furniture in the three Senate hearing rooms where the Judiciary Committee will hold hearings on the nomination of Judge John Roberts. The blessing took place before President Bush announced today that he would now nominate Roberts to replace the late William Rehnquist as Chief Justice. Rev. Schenck, who heads the National Clergy Council, described his actions in the hearing rooms as "an act of prayer, in preparation for this whole process."

KY County Changes Mind On 10 Commandments Monument

Last month in a posting I reported that Crittenden County, Kentucky officials endorsed plans of a Baptist minister to erect a Ten Commandments monument on the county court house grounds. Now the county magistrates have reversed their decision, according to a report in today's Courrier & Press. The change of heart follows advice by the County Attorney that the plans were clearly contrary to the U.S. Supreme Court's rulings and that it would cost thousands of dollars to try to defend a lawsuit. Then the Kentucky ACLU made inquiries. Judge-Executive Fred Brown said, "It's easy to say we should fight the ACLU, but if the fiscal court spends big money defending a lawsuit, I think it would pretty much be malfeasance if we indebted the county on something we've been advised not to do." He advised supporters instead to purchase a vacant lot available downtown and use it for a Ten Commandments monument. Rev. Frank McCallam, a former president of the county's ministerial association, suggested that there were better uses for the moneys the churches were raising. He said the funds should be used to provide food and clothing for the needy in the community, saying "I don't believe the ACLU would stop us from giving away food and clothing."

Indonesia President To Remedy Church Closings

A posting last month reported on the forced closing down of Christian churches in Indonesia. Now something may be done. People's Daily reports that Indonesian president Susilo Bambang Yudhoyono has ordered the minister of religious affairs and local administrators to find a solution to the closures. The president was quoted as saying: "The state guarantees the freedom of its citizens to practice their religion and also guarantees that they can conduct religious rituals." He has ordered the National police Chief to enforce the law against those responsible or the closures.

Rehnquist Dies; Legacy Includes Religion Clause Decisions

We mourn the death of Chief Justice William H. Rehnquist. The Chief Justice was eugolized today in a statement by President Bush: "He was extremely well respected for his powerful intellect. He was respected for his deep commitment to the rule of law and his profound devotion to duty. He provided superb leadership for the federal court system, improving the delivery of justice for the American people, and earning the admiration of his colleagues throughout the judiciary."

Chief Justice Rehnquist's impact on the interpretation of the First Amendment religion clauses will likely be seen as one of his most important legacies. In the Fall 2004 issue of Northwestern University Law Review, Prof. Kent Greenawalt reviewed this legacy in an article titled Religion and the Rehnquist Court [LEXIS link]. He begins his analysis by saying: "The Rehnquist Court has turned the constitutional law of religion nearly upside down." Whether one agrees or disagrees with the direction of the changes, most observers would agree with this assessment of the changes that have occurred.

India Supreme Court Refuses Loudspeakers For Religious Festivals

In India, the Supreme Court has turned down a request by the government of the state of Maharashtra to relax a ban on the use of loudspeakers between 10 p.m. and 6 a.m. on 15 different religious festivals during the year. WebIndia123 reported on Friday that the state filed the petition because of the difficulty it foresaw in enforcing the ban this week during the festival of Ganesh Chaturthi.

France Considers State Funding of Mosque Construction and Clergy Training

In France, a debate has begun on whether Islamic extremism is encouraged by the nation's strict separation of church and state. A Washington Times article today reports that a book published last year by French Interior Minister Nicolas Sarkozy argues for reform that would allow the French government to help pay for mosque construction. This is designed to limit the influence of Morocco and Saudi Arabia on French Muslims. Sarkozy wrote, "What is dangerous is not minarets, but basements and garages that hide clandestine places of worship. Thus we must choose between mosques, where we know that the rules of the republic are respected, and secret places where extremism has been developing for too long."

Many politicians oppose a change in the basic law separating church and state as the centennial of the enactment that law approaches in December. Instead, they support another effort that is underway-- the creation of a private foundation that would raise funds, primarily from other countries, to construct mosques. Under this proposal, the source of the funds will be traceable and the handling will be transparent. The new foundation has been approved by the Council of State, France's highest administrative court. The foundation will also become involved with training imams, to help them master the French language and integrate themselves into French culture. However, some in the Islamic community oppose this initiative, fearing that it will lead to partial governmental control of mosques and Islamic organizations.

CLS Settles With Arizona State

The Christian Legal Society has settled its lawsuit against Arizona State University, according to a report in yesterday's East Valley Tribune. The suit, filed last November, challenged the University's attempt to require the student group to comply with the school's nondiscrimination policy. That policy prevented the group from limiting full membership to those who agree with CLS's Statement of Faith. In particular, the school objected to the exclusion of non-Christians as members, and the exclusion of gays and lesbians. The settlement apparently permits the group to limit their membership on the basis of religion, but does not permit them to discriminate on the basis of sexual preference. This is one of a series of similar suits filed against universities around the country. (See prior posting.)

Israel's High Court To Reconsider Gaza Synagogue Issue

As I reported in an earlier posting, on August 23 a three-judge panel of Israel's High Court of Justice ruled that the government could tear down most of the synagogues in Gaza after the area was evacuated. Two were to be relocated in Israel; the rest were to be desanctified and destroyed. However the decision led to an outcry from a number of quarters. Not only, as reported in my previous posting, did Israel's Chief Rabbinical Council oppose the ruling, but so did the Law Committee of Israel's Knesset (Parliament). This led the High Court of Justice to have second thoughts. Last week, according to the Jerusalem Post, it issued a temporary injunction delaying the razing of the synagogues until an extended panel of the High Court considered the case.

Today's Jerusalem Post carries a long story on the issue as the larger panel of judges in the High Court prepares for a hearing today. The government claims that leaving the synagogues intact will lead to their desecration by Palestinians and will send an incorrect message that Israel plans a future return to Gaza. The Chief Rabbinical Council says it would be better to have the synagogues destroyed by Palestinians than by IDF soldiers acting on government orders. Others opposing the government's position argue that as a legal matter, the destruction violates various United Nations resolutions, and as a practical matter will hinder efforts to prevent destruction of synagogues in other countries.

UPDATE: Haaretz reports on Sunday that the Palestinian Authority rejected an Israeli request, made through an American mediator, that the PA take responsibility for protection of synagogues in evacuated Gaza settlements.

License Requirement For Photo Without Veil Upheld

Yesterday, a Florida state Court of Appeals rejected the claim of a Muslim woman that that the Florida Department of Motor Vehicles had violated the state’s Religious Freedom Restoration Act when it required that she be photographed without her veil in order to keep her Florida driver's license. In Freeman v. Dept. of Hwy. Safety & Motor Vehicles, the court held that the photo requirement did not place a substantial burden on Freeman’s religious exercise since the Department was willing to accommodate her beliefs by having her photographed by a female photographer with no one else present in the room.

Soledad Cross Conveyance Nixed By Court

This week we had another milestone in the long-running saga of the Mt. Soledad Cross. (See prior postings 1, 2.) In San Diego, California yesterday, a Superior Court judge issued an order prohibiting the city from transferring the Mt. Soledad Cross property to the federal government, despite voters’ overwhelming approval of the transfer in a July election. The San Diego Union-Tribune reported that Judge Patricia Yim Cowett held that the transfer would violate California Constitution. The judge’s findings were labeled "Tentative rulings… for the assistance of counsel and the parties in preparing to address the Court in their matter."

This is another in a long series of court decisions on the matter. Here, in a 34-page opinion (full text), the court found that the attempt to justify the cross as a war memorial was largely a pretext. The transfer instead was seen as an attempt to save a religious symbol. The transfer would constitute a preference to Christianity in violation of Art. I, Sec. 4 of the California Constitution, and an aid to religion in violation of Art. XVI, Sec. 5.

Procedural Dismissal of Prisoner's Religious Claim Overturned

In Gormley v. Nix, decided by the U.S. Eleventh Circuit Court of Appeals on August 31, the court found that the district court had abused its discretion in dismissing on procedural grounds a federal prisoner’s claim involving the First Amendment and the Religious Freedom Restoration Act. The prisoner’s challenge involves events that took place while he was on bond following his criminal convictions. James Gormley’s probation officer refused to allow Gormley, a Roman Catholic, to attend Christmas Eve and Christmas Day mass with his family.

The district court dismissed Gormley’s claim for failure to comply with the court's order that he fill out and return USM-285 forms within 20 days. This is the form used to effectuate service of process on the defendant. However, the Court of Appeals found that much of the delay was a result of Gormley being held in lock-down in prison, and was not the result of delay or willful contempt.

Denial of Enlistee's CO Claim Upheld

In Alhassan v. Hagee, decided by the U.S. Tenth Circuit Court of Appeals on Sept. 1, the denial of conscientious objector status to a marine was upheld. The Court found that the Marine Corps had a basis in fact for finding that the marine beliefs were not sincerely and deeply held. He had applied for conscientious objector status only after learning of his imminent departure to Iraq and he never expressed any anti-war religious sentiment before this time. The court suggested that a higher standard applies where the person claiming conscientious objector status voluntarily enlisted in the military. [Thanks to Derek Gaubatz via Religionlaw listserv for the lead.]

Order and Opinion of Pakistan Supreme Court In Hasba Bill Case

As reported in a prior posting, on August 4, the Supreme Court of Pakistan issued an order finding that portions of the Hasba law enacted by the North West Frontier Province unconstitutional. The law created the office of the muhtasib, a religious ombudsman whose function was to assure that people strictly follow Islamic rules. Now there is available on line the text of the Court's Order, and a summary of its lengthy opinion that was just released on August 31.

South African Lawyer May Press Religion Claim At UN Body

In South Africa, Gareth Prince, a Rastafarian lawyer, has been attempting to vindicate his right to use cannabis as a practice that is central to his religious beliefs. Because he had two convictions for possessing cannabis, the Cape Law Society refused to admit him as an attorney unless he would promise never to smoke cannabis again. The South African courts have affirmed this decision. The Mail & Guardian reports today that Prince's lawyers are now considering taking his case to the United Nations Human Rights Commission to claim that the refusal to accommodate Prince's religious practices violates the International Covenant on Civil and Political Rights. However there are problems with his case since the denial of bar admission to him took place before South Africa signed onto the international agreement.

Indonesia Court Sentences Christian Women To 3 Years In Prison

In a widely-followed case from Indonesia, Christian Today reports that three women who had been convicted of violating the Child Protection Act of 2002, which forbids "deception, lies or enticement" causing a child to convert to another religion, have been sentenced to 3 years in prison. Muslim children, with their parents' consent, were attending an education program sponsored by a Christian church. Charges were filed by the Indonesian Council of Muslim Clerics when it was reported that some of the children started to sing Christian praises at school and at home. During the trial, threats were made by Islamic extremists inside and outside the courtroom. One reportedly brought a coffin to bury the defendants if they were found innocent. The defendants plan an appeal.