Religious Lobbying Impacts ICANN Delay of xxx Domain

According to a report in the Dec. 7 issue of BNA Electronic Commerce and Law Reporter [subscription required], after initial approval, the board of the Internet Corporation for Assigned Names and Numbers (ICANN) has postponed consideration of a proposal to create a new top level domain(TLD) for adult entertainment sites. (ICANN Report). Stuart Lawley, Chairman of the Internet Foundation for Online Responsibility which proposed sponsoring the new TLD blamed the delay on intervention by the U.S. Department of Commerce and the influence of religious groups. In a December 1 press release, Concerned Women for America praised ICANN's action and said that its Chief Counsel had met with top Commerce Department officials to urge that the new TLD be blocked. CWA's Mission, as described on its website "is to protect and promote Biblical values among all citizens - first through prayer, then education, and finally by influencing our society - thereby reversing the decline in moral values in our nation."

In August, it had been reported that the Commerce Department had received over 6000 letters and e-mails from individuals expressing concern about the new TLD, and that those concerns had, in turn, been communicated in a letter from the Commerce Department to ICANN. Conservative groups like the Family Research Council were apparently behind the flood of protests sent to the Commerce Department.

A RLUIPA Conundrum

Every once in a while, we need to step back and smile at the impact of our legal rules. A posting by Nate Oman last week at the blog Concurring Opnions gives us a chance to do this. He suggests this for the individual who wants to use sacramental peyote: get arrested-- maybe for using peyote. RLUIPA may well give free exercise rights to the inmate that he doesn't have outside. The full posting is worth a read. [Thanks to SCOTUSblog for the lead.]

Intelligent Design Back On Center Stage

The controversy over teaching Intelligent Design in public schools will apparently assume center stage again this week. The Atlanta Journal Constitution reports that this week arguments will be heard in the U.S. 11th Circuit Court of Appeals in the case of Selman v. Cobb County School District. In 2001, the Cobb County, Georgia school board ordered stickers placed on their new biology textbooks that contained 101 pages on evolutionary theory. The stickers read: "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered." A lower court ordered the stickers removed. (Full text of opinion).

Meanwhile, today's Washington Post profiles Cobb County, Georgia, pointing out that "the fast-growing suburb of about 650,000 people northwest of Atlanta ... has long shown a remarkable flair for high-profile social controversy." And the South Florida Sun Sentinel reports that support for Intelligent Design has made its way into the Orthodox Jewish community, as a conference this week at Florida International University on Torah & Science features Christian ID proponent William A. Dembski as one of its speakers.

Settlement Near In Tenafly Eruv Case

In 2002, the U.S. Third Circuit Court of Appeals granted a preliminary injunction to Orthodox Jewish residents of Tenafly, New York, to prevent the city from enforcing a city ordinance that would have prohibited plaintiffs from creating an eruv by attaching plastic strips to utility poles. The court found it likely that the plaintiffs' free exercise rights were being infringed by the Tenafly's apparently discriminatory enforcement of the ordinance. Sunday's North Jersey Record reports that a settlement of the dispute may finally be at hand. A public hearing on the proposed settlement will be held January 10. Then on January 24 borough officials will vote on the settlement which would allow expansion of the existing eruv, but only if done using plastic lechis (inconspicuous black strips on telephone poles). Tenafly would also pay $325,000 in attorney fees to the Tenafly Eruv Association and would not be allowed to pursue any related legal action against Verizon or Cablevision, which originally gave permission for the eruv to be constructed using their poles.

Sikh Battles Over Drivers License Photo In France

The Sikh News Sentinel yesterday and Tuesday covered the ongoing legal battle in France over whether Sikh men can wear their turbans in their drivers' license identity photos. Originally authorities cited a 1999 Interior Ministry order and required Shingara Mann Singh to remove his turban for the photo. But then, the Council of State, France's highest administrative body, ruled that only the Transport Ministry had authority over drivers' licenses, and its 1999 decree was not precise enough to justify refusing Singh's request for a photo with his turban on. But a day later the Transport Ministry cured the imprecision in its decree and specifically said that it would now apply the Interior Ministry's edict to drivers licenses. Singh's lawyer, Patrice Spinosi, said he would take the case back to the Council of State, and if he loses there, would go on to other tribunals, even the European Court of Human Rights.

City Asks Judge To Limit Religious Remarks By Lawyer

The city of Oxford, Mississippi is seeking an unusual order from a federal judge in an upcoming racial discrimination trial, according to today's Jackson, Mississippi, Clarion-Ledger. Oxford is being sued by a former employee of its water department who alleges that he was fired because a supervisor disapproved of his dating a white woman. The city wants an order against plaintiff's attorney prohibiting him from suggesting to the jury that their decision in the case should be made on the basis of religious belief. In the past, Tupelo attorney Jim Waide has, for example, told jurors to "do what Jesus would do". The city wants the court to order that Waide not be allowed to talk about religion, biblical authority and/or a deity in his opening or closing statements.

Drawing Lines On Christmas Music In Public Schools

Holiday music is a particularly difficult subject in public schools in December. On Oct. 11, the Greece Central School District near Rochester, New York adopted a resolution providing that in order to recognize the nation's rich cultural heritage, the Board approves "all holiday music to be studied, performed, and presented within the district without differentiation due to title." Apparently this language was intended to adopt the policy set out in a memo to the Board from Louise Trucks, the district's arts director. Today's Rochester Democrat and Chronicle describes the memo: It says that sacred music at school assemblies should be included for educational purposes, and that educational information about the music can be given in program notes or verbally. It continues: "Some selections, those in which the text particularly implies or encourages worship, would not be appropriate in school settings." The memo gives "O Come, All Ye Faithful," as an example. However, according to the memo, "Silent Night," because it is "descriptive in nature and does not request a particular religious behavior," would be acceptable if accompanied by educational text.

New Scholarly Articles of Note

From SmartCILP:
Symposium on Conscience and the Free Exercise of Religion. Articles by Steven D. Smith, James W. Nickel, Kent Greenawalt, Kevin J. Worthen, Gregory C. Sisk and Martin H. Belsky. 76 Univ. Colorado Law Review 911-1080 (2005).

New on BePress:
David A. Skeel Jr., University of Pennsylvania Law School & William J. Stuntz, Harvard Law School, Christianity and the (Modest) Rule of Law .

Faisal M. Kutty, Osgoode Hall Law School, The Shari'a Factor in International Commercial Arbitration .

Medicaid Eligibility Claim Raises Possible Church-State Issues

In a recent case, In re The Fair Hearing of Hoffer, (Dec. 6, 2005), the Montana Supreme Court was faced with the question of whether seven residents of King Colony Ranch, a Hutterite Colony, met the test for limited resources in order to be eligible for the Family-Related Medicaid Program. The majority found that the Colony’s assets are held in trust for the benefit of its members, and remanded the case for determination of eligibility in light of this conclusion. The dissent, however, argued that any duty that the Colony has to support the Claimants is a religious, not a legal, one. The dissent argued that to conclude otherwise would require the court to make a religious inquiry in violation of the Establishment Clause and Free Exercise Clause of the U.S. Constitution and of Article II, Section 5 of the Montana Constitution. A story on the case was carried by Wednesday's Billings Gazette.

White House Religious Accommodations At Hanukkah Party

Following up yesterday's posting on this year's White House Hanukkah party, the blogosphere offers some other interesting glimpses into the details of the religious accommodation that went into planning of the event. Scott Johnson, who attended the party, describes the festivities on Power Line, including this: "Guests were escorted to President and Mrs. Bush by Marines in dress uniforms, and each couple was in turn announced by the Marine to the president. The Marine asked questions to determine if we observed Jewish law regarding touching between the sexes and instructed us where to stand..." And Life-Of-Rubin carries a photo of Mrs. Bush with the supervising rabbis and kitchen staff during the koshering of the White House kitchen.

Juror's Use of Biblical Verses Does Not Invalidate Death Sentence

In Fields v. Brown, (Dec. 8, 2005), the U.S. Ninth Circuit Court of Appeals reversed the trial court and reinstated the death sentence for Stevie Lamar Fields who has been on death row since 1979. UPI yesterday reported on the part of the decision involving church-state issues. A lower court had ruled that a foreman's use, and sharing with other jurors, of notes on Biblical passages was not permissible during jury deliberations in the penalty phase of Field's trial. The Ninth Circuit reversed, holding that at least some of the Biblical verses were not extrinsic factual material, but instead were common knowledge. As to others, the court said that it was not shown that they had a substantial and injurious effect on the verdict.

Recent Prisoner Cases Involving Religion Issues

In Catala v. Commissioner, 2005 U.S. Dist. LEXIS 31695 (D.NH, Nov. 22, 2005), a New Hampshire federal district court rejected a motion by the New Hamshire Department of Corrections to dismiss a prisoner's claim that he was unconstitutionally required to attend a religious-based twelve-step program for substance abuse in order to otain a change in classification and as a factor in parole.

In Awala v. People Who Want (Dec. 8, 2005), the U.S. Third Circuit Court of Appeals dismissed as frivolous a prisoner's suit asking the federal district court to overturn the U.S. Supreme Court's Ten Commandments decision and restore all religious monuments that have been removed from court houses around the country.

North Carolina Quran-In-Court Suit Dismissed By Judge

Yesterday, North Carolina Superior Court Judge Donald Smith dismissed a lawsuit, filed by the ACLU of North Carolina, aimed at allowing courtroom witnesses to take an oath using non-Christian religious texts in place of the Bible. (See prior posting.) The judge said that there is no active controversy involving someone prohibited from using the Quran or some other book. Yesterday's Winston-Salem Journal says that the judge informed lawyers of his decision and said that a written opinion would follow.

At issue in the case were state laws that allow witnesses to take their oath either on the "Holy Scripture," or without the use of a religious book, or by "affirmation". Interestingly, in court on Monday, Assistant Attorney General Grady L. Balentine, Jr. did not argue plaintiff's lacked of standing. The Greensboro News-Record reported that instead he argued that the statue was constitutional because it permitted witnesses to "affirm" that they will testify truthfully if they do not wish to take an oath on a Christian Bible. On the other hand, ACLU attorney Seth Cohen argued that the statute is unconstitutional if it is not interpreted to include holy texts of non-Christian religions.

UPDATE: The ACLU has announced it will appeal the decision (Dec. 16 Greensboro News-Record).

President Hosts Jewish Educators For Hanukkah Celebration

Last Tuesday was apparently President George W. Bush's day to pay attention to the American Jewish community. The Jewish Telegraphic Agency reports that first on Tuesday the President met with 13 Jewish educators and day-school leaders to focus on his support for school vouchers and other education initiatives -- many of which are controversial in the Jewish community. Then later in the day, the President listened to the West Point Jewish Chapel Choir and hosted the White House's annual Hanukkah party. Invitees this year were several hundred Jewish leaders who are interested in educational issues. The President participated in the symbolic lighting of the Hanukkah Menorah.

The President's remarks (full text) included the following: "earlier today, I met with some of the leaders from our nation's Jewish day schools. As educators who dedicate themselves to teaching the faith and to teaching, they are fulfilling the true lesson of Hanukkah every day of the year. Just as the Maccabees reclaimed their holy temple, these teachers help ensure that Jewish traditions are passed from generation to generation."

The JTA also reported that at the urging of First Lady Laura Bush, this year for the first time the White House kitchen was kashered (made kosher) so that it could be used for preparation of food for the party. Hanukkah does not begin until later this month, but the President will not be available at that time.

Marijuana Seizure Does Not Violate Free Exercise

In Rylee v. Ashcroft, 2005 U.S. Dist. LEXIS 31530 (ED Cal., Dec. 5, 2005), a federal Magistrate Judge in California recommended dismissal of a claim that the seizure of 1177 marijuana plants by the DEA and the local sheriff's office violated plaintiffs' free exercise of religion. Among other things, plaintiffs claimed that as members of the Church of the Greater Faith and Redemption (CGFR), use of marijuana was part of their religious beliefs. One of the plaintiffs argues that he is a minister of CGFR and that he is required by his religion to distribute marijuana as a sacrament. The Magistrate Judge notes that CGFR offers instant ordination over the Internet, and that the church here consisted of only 3 members, the plaintiffs, who appear to have formed their church in anticipation of bringing this lawsuit.

100th Anniversary of Law Creating Secular France

In France, today is the 100th anniversary of the passage of the State Law of 1905 on the Separation of the Church and the State. A release published earlier this week by Newswire explains the significance of the law: "This law is seen as the backbone of the French principle of "laicite" [secularism]. The law famously states 'The Republic neither recognizes, nor salaries, nor subsidizes any religion'. The law put an end to the funding of all religious groups and declared all religious buildings property of the state and local governments. Other articles of the law included prohibiting affixing religious signs on public buildings, and laying down that the republic no longer names French archbishops or bishops." In reporting on the anniversary, ABS-CBN said, "In recent years, the French vision of a secular state has been increasingly called into question by the growing influence of Islam, which is now the France's second religion, at least in terms of the number of adherents."

Suit By Wiccan Prisoner Settled

According to 1010WINS yesterday, The New Jersey Department of Corrections has settled a RFRA lawsuit brought by the American Civil Liberties Union of New Jersey on behalf of a Wiccan prisoner who was refused access to religious books and to ritual items such as beads and scented oils, a small bell and flute, ritual powder and a necklace. The prisoner, Patrick Pantusco, is serving a 30 to 50 year sentence for murder, aggravated assault and other offenses.

White House Sends "Holiday" Cards

Yesterday's Washington Post reported on yet another installment in the battle over public holiday celebrations. The White House has sent out 1.4 million cards wishing friends a happy "holiday season", just as conservative groups are complaining about the elimination of the word "Christmas" from commercial ads and from governmentally sponsored seasonal tree displays. The card does, though, carry a verse from Psalms. Susan Whitson, Laura Bush's press secretary explained: "Certainly President and Mrs. Bush, because of their faith, celebrate Christmas. Their cards in recent years have included best wishes for a holiday season, rather than Christmas wishes, because they are sent to people of all faiths."

Tim Wildmon, president of the American Family Association, said, "Sometimes it's hard to tell whether this is sinister -- it's the purging of Christ from Christmas -- or whether it's just political correctness run amok. I think in the case of the White House, it's just political correctness." He continued, however, "It bothers me that the White House card leaves off any reference to Jesus, while we've got Ramadan celebrations in the White House. What's going on there?" And Catholic League president William A. Donohue said, "They'd better address this, because they're no better than the retailers who have lost the will to say 'Merry Christmas'." [Thanks to Get Religion for the information.]

A copy of the card is available on the Americans United website. [Thanks to No Left Turns for this lead.]

Jewish Group Proposes Changes To Ohio Autopsy Bill

The Ohio House of Representatives has passed H.B. 235 making changes to Ohio's Coroner's Law. One section of the bill (Sec. 313.123(B)) provides: "Retained tissues, organs, blood, other bodily fluids, gases, or any other specimens from an autopsy are medical waste and shall be disposed of in accordance with applicable federal and state laws, including any protocol rules adopted under section 313.122 of the Revised Code." The Ohio Jewish Communities reports in its Dec. 2 internal newsletter that Agudath Israel has suggested changes to the bill so that it will not conflict with Jewish religious law on the disposal of body parts. The bill is currently being considered by the Senate Judiciary Committee.

IRS Issues Guidance for Examination of Churches' Political Activities

BNA's Dec. 2 Daily Report For Executives [Subscription Required] reports on a Memorandum from March 2005 that was posted on the website of the Internal Revenue Service last month. The Memorandum For All EO Examination Managers and Revenue Agents gives detailed guidance to Revenue agents on how to examine 501(c)(3) organizations, including churches, for improper political participation in election campaigns of candidates for public office. BNA says:

Instructions from IRS headquarters cautioned agents and managers that contacts with charities "may be perceived as IRS intimidation." The agents were instructed to tell the organization contacted about the basis of the inquiry--such as a church's distribution of candidate ratings--and in some cases ask the organization for a detailed response. The memorandum ... instructed IRS agents and managers on how to implement the service's Political Intervention Project (PIP). The project was intended to put on a fast-track complaints about improper political advocacy by charitable organizations.... IRS is working to clear approximately 130 cases from the 2004 presidential campaign ... including activities by about 50 churches, IRS Exempt Organizations Director Martha Sullivan told BNA....

Capitol Hill Will Have "Christmas" Tree

The debate over what to call evergreens put up on public property at this time of year has now reached Capitol Hill. Today's St. Louis Post Dispatch reports that this year U.S. House Speaker Dennis Hastert will officially refer to the tree on the west lawn of the Capitol Building as a "Christmas Tree" when he flips the switch to light it. First erected in the 1960's, it has been variously known as "The Tree", "The Capitol Hill Christmas Tree", "The Holiday Tree", and "The People's Tree". Hastert wrote the architect of the Capitol, whose office is in charge of erecting the tree, saying he wanted the tree renamed even though "I fully understand your desire to make all holiday displays as inclusive as possible."

Jordan Anti-Terror Proposal Would Control Clerics' Rulings

In Jordan, the government has proposed a new anti-terror law that would not only punish the support of terrorist acts, but also would prohibit Islamic clerics from pronouncing others as infidels or issuing fatwas without government permission. IRIN reported yesterday that Islamic groups in Jordan oppose the new measure.

Provincetown Expands Holiday Display

In Provincetown, Massachusetts, the Board of Selectmen voted Monday night to add a menorah and a “Peace on Earth” sign to the town’s long-displayed nativity scene at the Bas Relief. By a split vote, they decided “to place the display in a secular context” instead of moving it onto private property. Today's Provincetown Banner says that Board chair Cheryl Andrews opposed the motion, saying, "I do know that having it by itself and lit would be more in keeping with the tradition of the town." Selectman Richard Olson also opposed it because, he said, "we’re on a slippery slope of trivializing the whole thing."

ACLU Brings Habeas On Behalf of Catholic Sentenced To Pentecostal Drug Rehab Program

The ACLU of Michigan announced yesterday that it has filed a habeas corpus petition (full text of petition and of Memorandum in Support) in federal court in Detroit on behalf of a Catholic man who was sentenced to jail for not completing a Pentecostal drug rehabilitation program. The petitioner alleges that his sentence violated the First Amendment's free exercise and establishment clause provisions. Joseph Hanas pled guilty to a charge of marijuana possession. He was allowed a deferred sentence and possible dismissal of the charges if he successfully completed the Inner City Christian Outreach Residential Program. However, one of the goals of the program was to convert Hanas from Catholicism to the Pentecostal faith. He was forced to read the bible for seven hours a day, was tested on Pentecostal principles, and was told by the program staff that Catholicism was a form of witchcraft. His rosary and Holy Communion prayer book were confiscated. This led him to leave the program. The judge acknowledged that Christian Outreach was a religious program, but determined that nevertheless Hanas had not satisfactorily completed it. He sentenced Hanas to jail and then to boot camp. Only after that, while on probation, did Hanas receive drug treatment in a non-religious program.

Bible Display At Courthouse Being Argued Today

The San Antonio Express News reports that in the U.S. 5th Circuit Court of Appeals today, lawyers are arguing the case of Staley v. Harris County. The case involves the question of whether a neon-lighted King James version of the Bible in a display case can be maintained on the Harris County, Texas court house grounds in Houston as a memorial to William Mosher, the deceased benefactor of a homeless group, the Star of Hope Mission. The state argues that the memorial conveys a message about the person memorialized, not "official government policy on religious matters." In August 2004, the district court ordered the Bible removed from the monument. The case below is at 332 F. Supp.2d 1030 [LEXIS link].

UPDATE; The Houston Chronicle carries an account of the Court of Appeals arguments. They focus on the purpose of the monument, and especially its 1995 rededication.

Russian Muslims Challenge Cross In Government Emblem

Controversy over governmental display of religious symbols has now erupted in Russia. Today's Moscow Times reports that several senior Muslim clerics and scholars have demanded that Christian symbols be removed from the Russian national emblem to reflect that Russia has many faiths and is a secular state. The emblem contains a portrait of Saint George killing a dragon and includes four crosses . However, Georgy Vilinbakhov, a historian who works for a federal agency overseeing state symbols, said the symbols on the emblem are not Orthodox Christian. Nafigulla Ashirov, the leader of the Spiritual Board of Muslims of the Asian Part of Russia, said that the problem is broader than just the emblem: "Crosses are erected at border guards' stations and on roads leading into towns. Icons are hung in offices." Article 14 of Russia's Constitution provides: "(1) The Russian Federation is a secular state. No religion may be instituted as state-sponsored or mandatory religion. (2) Religious associations are separated from the state, and are equal before the law."

Grant Park Cross Conservancy Wins Suit, Keeps Historic Cross

In 2003, the city of San Buenaventura, California, sold the acre of land on which the 90-year old Grant Park cross sits to a private non-profit organization, the Grant Park Conservancy. The sale was motivated by concerns over church-state issues posed by the presence of the cross on public land. (History of the Cross.) However, the deed that originally conveyed the Grant Park property to the city provided that the land was to be maintained as a public park. Two heirs of the Grants sued claiming that under the original deed, the land should have reverted to them when it was conveyed to a private group. The Ventura County Star yesterday reported that on Dec. 1, a California appellate court ruled against the Grant heirs, finding that they lost their rights to the land when they failed to comply with the 1983 Marketable Record Title Act that required a record notice be filed within 5 years in order to preserve their interest. The case is McDonell v. City of San Buenaventura.

Controversial Kansas Prof. Physically Attacked

University of Kansas Professor Paul Mirecki who gained national attention after scheduling, and then cancelling, a course titled "Intelligent Design, Creationism and other Religious Mythologies," reported to police that he was physically attacked early today by two men. Today's Kansas City Star reports that the attack took place in rural Douglas County, Kansas. Mirecki said the attackers, who were strangers to him, made reference to his proposed class. (See prior related posting.)

UPDATE: The Topeka Capital Journal reports that on Wednesday, Dec. 7, Prof. Mirecki resigned as chairman of the University of Kansas Religious Studies Department.

Cities Sued For Refusing Creche Display

Liberty Counsel announced today that it is filing suit against Neptune Beach and Atlantic Beach, Florida, that jointly control Town Center Park. The cities have refused to permit Ken Koenig to display a nativity scene in the park, while the cities have approved a Christmas tree and a menorah for display. The cities argue that the approved displays are secular, but that a nativity scene is religious. Liberty Counsel argues that the cities are engaged in viewpoint discrimination, and that there is no constitutional problem with featuring a nativity scene as part of the larger display. The Lakeland, Florida Ledger quotes Neptune Beach city attorney, Christopher White, who said: "We feel the City of Neptune Beach has followed the mandates of the U.S. Supreme Court." White cited the U.S. Supreme Court's 1989 Allegheny County decision to support his position.

Hearing Today In Portland Archdiocese Bankruptcy Case

A hearing is scheduled today in federal bankruptcy court in Portland, Oregon, on which assets of belong to the Catholic Archdiocese of Portland, according to the Albany, Oregon, Democrat Herald. The Archdiocese declared bankruptcy in July 2004 in the face of large claims by priest sex-abuse victims. (See prior related posting.) Today's hearing focuses on whether parish properties are part of the assets that creditors can claim in bankruptcy. The church claims that under canon law, each parish is treated as a separate property owner. Tort claimants argue that canon law does not control, and properties of the parishes and institutions of the archdiocese should be included in the estate of the Archdoicese and made available for settlements. In August, a Washington state bankruptcy court faced a similar issue and sided with creditors of the Spokane Diocese; the Diocese has appealed. (See prior postings 1, 2 .)

Some Say There Is "A War On Christmas"; But Not At White House

Yesterday's New York Newsday carried an article reviewing "The Culture Wars Before Christmas". It reports that this year, we have an

"amped-up effort ... by the religious right and its media allies to monitor, lobby, boycott and litigate over the way the country celebrates the holiday season - from school chorales and municipal crèches to retail advertising and seasonal tree-lighting. Leaders say the effort is needed to beat back a war on Christmas and Christianity by "secularists" and liberal groups such as the American Civil Liberties Union.... Critics, however, say it is all an overblown effort to use a hot-button issue to raise money and tempers in pursuit of larger political goals.

Meanwhile, last week at the White House, no war on Christmas could be detected. On Thursday, the President lit the National Christmas tree, calling the event "one of the great traditions in our Nation's Capital." He continued, "Each year, we gather here to celebrate the season of hope and joy -- and to remember the story of one humble life that lifted the sights of humanity. " (Full text of remarks.)

Pro-Alito Ads Emphasize Church-State Issues

The Washington Post reported yesterday that the Committee for Justice is running radio ads focusing on church-state issues to support the confirmation of Samuel A. Alito for the U.S. Supreme Court. The ads, being aired in Colorado, Wisconsin and West Virginia, say in part: "It's the season when Americans celebrate our traditions of faith ... and once again religious freedom is under assault. Why? Because liberal groups like People for the American Way and the ACLU have opposed public Christmas and Chanukah displays and even fought to keep Christmas carols out of school. Some courts and judges have supported this radical agenda, but not Judge Sam Alito, President Bush's nominee to the U.S. Supreme Court. Throughout his career, Judge Alito has consistently upheld the Constitution's protection of free religious expression."

Charges Against Sikh Student For Carrying Kirpan Dropped

A Detroit, Michigan prosecutor has dropped charges under the Detroit Knife Ordinance against a Wayne State University student, who was arrested for carrying a kirpan on the university campus. Carrying the kirpan is part of the religious requirements of the Sikh faith. Today a release by the United Sikhs reports that Sukhpreet Singh won his case after his attorney, the United Sikhs and the ACLU of Michigan argued that the kirpan, a scimitar in a sheath, is not a weapon and should not be viewed as one. Harpreet Singh, legal director of United Sikhs, said that his organization would continue to work with authorities to establish a best practice for dealing with Sikhs wearing a kirpan.

Newly Posted Scholarship of Interest

Recent articles posted on SSRN:

Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.

Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .

Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine

On November 18, the U.S. Senate approved S. 632 which would permanently remove Ukraine from Title IV of the Trade Act of 1974. Known as the Jackson-Vanick Amendment, that provision denied normal trade relations to Soviet block countries that denied free emigration to its citizens. It was aimed particularly at assisting Jews who were being persecuted in the former Soviet Union. S. 632 contains findings that the Ukraine now permits free emigration and promotes freedom of religion. The Ukrainian government web site reported on the Senate's action last month. Similar bills have been introduced into the House of Representatives.

Plaintiffs Lose In Two Recent Prisoner Cases

Two court decisions involving prisoners seeking religious accommodation of non-mainstream religious beliefs have recently been handed down.

In McClain v. Rogers, (7th Cir., Nov. 30, 2005), a practitioner of Asatru (a religion tied to White supremacist beliefs) sued claiming that prison guards prohibited him from praying alone in the prison yard. He also complained that the chaplain does not allow Asatruars to worship in groups, though members of other religions are may do so. The court held that while there may be an issue of whether the prisoner's praying alone violated the prison rule against "meetings or gatherings" in the prison yard, the issue was not properly raised.

In Smith v. Haley, 2005 U.S. Dist. LEXIS 30454 (MD Ala, Dec. 1, 2005), an Alabama federal district court faced claims brought by a practitioner of Odinism, an ancient pre-Christian faith whose theology is based on historic Icelandic sagas and runic mysticism. By the time the case got to trial, most of his accommodation requests had been met. However, prison officials refused to permit him to use and possess a small quartz crystal, and the prisoner sued, among other things, for damages because this denied him his right to freely practice his religion. The court held, however, that even if the refusal to allow the prisoner to possess a crystal violated his right under RLUIPA, the defendants were entitled to qualified immunity because Smith's right to possess a crystal as part of his practice of Odinism was not clearly established by any law at the time of the actions in question.

NJ Chabad Can Display Menorah In Park; Other Rabbis Disagree

In West Windsor, New Jersey, a Chabad group has won the right to put up a 9-foot tall Menorah with electric lights in a public park for Hanukkah this year. Yesterday's Princeton Packet reports that after first turning down the request, now township attorney Michael Herbert has issued a memorandum saying, "The Ron Rogers Arboretum, a public park, is a traditional public forum, open to all on equal terms." However, other rabbis in the area disagree with the decision. Four other Mercer County rabbis sent a letter to the township saying, "As religious leaders, we have never asked for a Hanukkah Menorah to be placed on public property, because we believe that the Menorah is a deeply religious symbol, belonging in synagogues, Jewish homes and Jewish communal institutions. The Menorah is not the equivalent of a Christmas tree; Hanukkah is not the Jewish Christmas."

IRS Complaint Lodged Against Dobson's Focus On The Family

On November 28, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Internal Revenue Service (full text) challenging the tax-exempt status of James Dobson's group, Focus on the Family. CREW claims that Dobson uses his influence to support candidates for political office. The complaint particularly focuses on Dobson's endorsement in 2004 of Patrick J. Toomey who was running for Senate in Pennsylvania and on the endorsement of President George W. Bush's nomination in 2004. NAMC Newswire reports that another group, Soulforce, Inc., is joining CREW's efforts by circulating an online petition calling for an IRS investigation of Dobson's group. Melanie Sloan, executive director of CREW said, "The IRS has established a track record of scrutinizing organizations, in particular liberal ones, that have purportedly violated electioneering regulations. We hope that the IRS will fully investigate Focus on the Family activities as vigorously as it has targeted those of progressive organizations." The Rev. Dr. Mel White, founder of Soulforce added, "Misusing religion and/or God to support bias against sexual and gender minorities, inappropriately justifies psychological, legal and physical violence against them. Such abuses must be stopped and can no longer be subsidized via misuse of the tax laws."

Californa Doctors Can Raise Free Exercise Defense

Yesterday in Northcoast Women's Care Medical Group v. Superior Court, a California state appellate court held that two doctors being sued by a lesbian woman for refusing to perform intrauterine insemination on her could assert their constitutional right to free exercise of religion in defending against her discrimination charges. The court held that the doctors could introduce evidence of their religious beliefs as part of their proof that their refusal was based on plaintiff's marital status rather than her sexual orientation. California's Unruh Civil Rights Act (Civil Code, Sec. 51), at the time this suit was filed, had been interpreted to ban discrimination on the basis of sexual orientation, but not on the basis of marital status. In reporting on the decision, today's San Diego Union Tribune points out that subsequently the California Supreme Court extended the Act to discrimination on the basis of marital status, but did not apply the holding retroactively. Similarly the statute itself has been amended prospectively. Jennifer Pizer, a lawyer with the Lambda Legal Defense and Education Fund, said that religious beliefs are not a valid defense in this case.

Churches Threatened By Proposed Indonesian Regulation

International Christian Concern, a U.S.-based human rights group, spoke out this week against a new draft regulation under consideration by the government of Indonesia, according to Wednesday's Christian Post. Under current Indonesian law, SKB 1/69, a religious building must receive a permit from the Department of Religion before being used for worship. In practice, the permit will only be issued after local residents approve. This regulation has been used, particularly in West Java, to close over 60 churches in the last month. The new draft regulation provides that "religious activities must be conducted inside religious buildings" unless permission has been received "from the Mayor or District Mayor, with a recommendation from the Department of Religion." Such permission, if granted, would only be temporary. If adopted, the regulation will prohibit almost all home fellowships.

AF Academy Evangelism Is Becoming Campaign Issue

This week's Forward reports that the controversy over religious activity by evangelical Christian officers at the U.S. Air Force Academy is emerging for both sides as a 2006 campaign issue. Wisconsin Republican challenger Nick Reid is criticizing Democratic incumbent Rep. David Obey who proposed a bill that would require the Air Force to report to Congress on the steps it is taking to investigate and ameliorate the conditions at the Academy. On the other side, the National Jewish Democratic Council has taken out advertisements in Jewish newspapers in Florida, Texas and Pennsylvania criticizing Republican members of Congress who have voted to defeat Obey's proposal. New Mexico lawyer Mikey Weinstein, who sued the Academy and whose sons were among the cadets who complained about anti-Jewish comments, is talking to other veterans about forming a political action committee around the issue of religious coercion in the military. He is also attempting to defeat his congresswoman, Republican Rep. Heather Wilson, for ignoring his complaints about the Academy.

Univ. of Kansas Cancels Anti-Creationism Course As NY Museum Discusses Topic

The University of Kansas had scheduled for this spring a course titled "Special Topics in Religion: Intelligent Design, Creationism and Other Religious Mythologies." The Associated Press yesterday reported that the course, intended to discredit creationism and intelligent design, has now been cancelled because the professor scheduled to teach it sent an offensive e-mail to a student group. Professor Paul Mirecki, chairman of religious studies, cancelled the class after it came to light that he referred to religious conservatives as "fundies" and, in an e-mail, said that the course would be a "nice slap in their big fat face." [Thanks to Jeremy Richey for the information.]

UPDATE: The National Review carries more of Prof. Mirecki's controversial comments. [Thanks to Rick Duncan via Religionlaw listserv.]

Meanwhile, yesterday at at the American Museum of Natural History in New York, a panel of academics discussed evolution vs. intelligent design in connection with the museum's display on Darwin. Reuters today summarizes the panel's remarks.

Highway Patrol Memorials Challenged

Today's Salt Lake Tribune reports on a lawsuit filed in a Utah federal district court yesterday challenging 14 steel crosses placed along Utah roadways to memorialize state Highway Patrol troopers who died nearby in the line of duty. 9 of the 14 crosses are on public land. The suit brought by the American Atheists (AA) seeks to remove the crosses, or at least to remove the Highway Patrol's logo from them. The state director of AA, Michael Rivers, said, "The presence of the UHP logo on a poignant religious symbol is an unconstitutional violation of the United States Constitution. It is government endorsement of religion." But the Utah Highway Patrol Association counters that crosses are used as an international sign of memorial.

Reactions To Indiana Legislative Prayer Ruling

Today's Fort Wayne Journal Gazette carries an interesting discussion of reactions to Wednesday's federal court decision in Indiana prohibiting sectarian prayer in the legislature. Rev. John T. Pless of Concordia Theological Seminary commented, "Prayer is never generic. It is always a prayer that is addressed to some deity." Ira Lupu of George Washington University Law School remarked, "We now have this kind of cultural pluralism and expansive idea about faith and spirituality. The idea that there's even a non-sectarian prayer seems like a controversial idea." Meanwhile, state legislators have their own ideas. Rep. Terry Goodin, D-Crothersville, said, "I am not going to stand for this assault on our freedoms of speech and religion. A judge is not going to tell me what I can and cannot say to express my belief in Christ." And U.S. Rep. Stephen Buyer, R-4th, suggested prayers should continue from the floor area in the House chamber: "The well of the legislative body is the most deliberative and protected place in this country. Those who speak from it are granted immunity."

University of Wisconsin Sued Over Restrictions On Dorm RAs

The Alliance Defense Fund announced yesterday that it has filed a federal civil rights lawsuit against the University of Wisconsin at Eau Claire, challenging its prohibition on residential assistants holding Bible study groups in their dorms. (See prior postings 1, 2 .) The Complaint (full text) argues that the University policy is vague and overbroad, discriminates against speech on the basis of content and viewpoint, and burdens plaintiff's free exercise of religion. NewsMax reports that, faced with the lawsuit, the University has suspended its ban on RAs' leading such groups.

Punishment Increased In North Carolina For Church Break-Ins

In North Carolina, a new state law (S.L. 2005-35) went into effect yesterday that makes breaking into a place of worship a felony instead of a misdemeanor. WRAL News yesterday reported that Sampson County played a leading role in getting the law enacted. Last year, 62 churches in the county were broken into, vandalized of looted. With news about the new law,there have been only 5 or 6 church break-ins this year.

Civil Rights Commission Holds Hearings On Campus Anti-Semitism

On November 18, the U.S. Commission on Civil Rights heard from a panel of experts regarding anti-Semitic incidents on college campuses. (Release on scheduled hearings.) Yesterday's Jewish Advocate reports on the testimony. Gary Tobin, president of the Institute for Jewish & Community Research, spoke of "anti-Israelism" on college campuses, including professor intimidation of pro-Israel students, anti-Jewish statements in school newspapers, and harassment. Susan B. Tuchman, director of the Center for Law and Justice of the Zionist Organization of America also testified. She said campus incidents have included signs depicting the Star of David dripping with blood, pictures equating swastikas with the Star of David, and signs saying that Israelis love to kill innocent children. "When Israel is singled out for criticism and there is no semblance of balance, that is evidence of anti-Semitism, not legitimate criticism of Israel," she said. Kenneth L. Marcus, staff director of the USCCR, said that a major concern of the Commission is how to address anti-Semitic incidents without violating First Amendment rights.

Christian Legislative Prayer Enjoined In Indiana; Urged In Colorado City

In Hinrichs v. v. Bosma, decided yesterday by the U.S. District Court in the Southern District of Indiana, the court found that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violates the Establishment Clause of the U.S. Constitution. 14WFIE reported on the decision. (Also see prior related posting.) Here is an excerpt from the court's opinion:

the evidence shows that the official prayers offered to open sessions of the Indiana House of Representatives repeatedly and consistently advance the beliefs that define the Christian religion: the resurrection and divinity of Jesus of Nazareth. The Establishment Clause “means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions).... The sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983). Plaintiffs have standing as Indiana taxpayers to bring their claims, and they are entitled to declaratory and injunctive relief. This relief will not prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.

Meanwhile, in Boulder, Colorado, the Daily Camera yesterday reported that the mayor pro-tem, Randy Ahrens, has suggested that City Council meetings be opened with a prayer to set a positive tone after a contentious campaign season. Two pastors offered prayers at the start of the first meeting of the newly-elected Council on Nov. 15. However, their remarks provoked controversy because both preachers represented Christian churches and invoked the name of Jesus Christ in the prayers. Members of Council seem about evenly split on the proposal.

BC Tribunal Rules On Refusal To Rent KofC Hall For Lesbian Wedding Reception

On Tuesday, the British Columbia Human Rights Tribunal issued its opinion in Smith and Chymyshyn v. Knights of Columbus . The case was brought by two lesbians who were denied use of the Knights of Columbus hall in a Vancouver suburb for a reception after a planned wedding at a nearby park. Yesterday's Globe and Mail reported that the case gained national attention earlier this year after Conservative Leader Stephen Harper mentioned it during the national debate on same-sex marriages. In its decision, the Tribunal found that while the Catholic-affiliated Knights of Columbus could refuse access to the Hall because of their core religious beliefs, in doing so they were required to consider the effect their actions would have on the two women who had already contracted to rent the hall. It found that the KofC could have done more to accommodate the women without acting contrary to its core religious beliefs. It could have taken additional steps to recognize the inherent dignity of the women and their right to be free from discrimination.

UPDATE: The Dec. 1 Edmonton Sun News reported that the plaintiffs plan to appeal the Tribunal's decision to the British Columbia Supreme Court, asking it to require religious institutions to disclose their policies to couples before they sign contracts.

Christian Groups Sue Colleges Over Membership Requirements

On Monday, the Alliance Defense Fund filed a civil rights lawsuit against San Diego (California) State University and California State University, Long Beach, on behalf of four student Christian groups. (Full text of complaint.) The universities refuse to give formal recognition to the groups because the organizations limit their membership to Christians. Each of the universities has a non-discrimination policy that prohibits recognized student groups from restricting membership on the basis of race, religion, national origin, as well as on various other grounds. The lawsuit alleges that these policies force Christian groups to abandon their Christian beliefs as a condition to gain access to the benefits recognized student groups enjoy, such as meeting on campus, receiving university funding, and accessing the on-campus channels for communicating their message. (ADF release on suit.) In reporting on the suit, 10News said that other campus groups like the Muslim Student Association welcome students of all faiths. SDSU's paper, The Daily Aztec quotes ADF lawyer Jordan Lorence who said, "What has happened today with this lawsuit against (SDSU) and Cal State Long Beach has been a problem that has been happening all over the country."

Israel High Court Asked To Recognize In-Country Non-Orthodox Conversions

In Israel on Tuesday, the Israel Religious Action Center filed petitions asking the High Court of Justice to order the Interior Ministry to grant Israeli citizenship under the Law of Return to seven individuals who were who were converted to Judaism in Israel by Reform and Conservative rabbis. The Jerusalem Post reported yesterday that this is the final step in a 20-year battle by Reform and Conservative rabbis to obtain government recognition of their conversions. In an Editorial, the Jerusalem Post emphasizes that this is a challenge by the Reform and Conservative movements to the monopoly of the official rabbinate over religion in the nation. Ynet News points out that this petition follows on a decision last March by the Israeli Supreme Court that recognized so-called "jump conversions," in which candidates complete non-Orthodox conversion courses in Israel but traveled overseas for their actual conversion ceremonies by Reform or Conservative rabbis. Even earlier, the High Court recognized in-country non-Orthodox conversions for the limited purpose of listing an individual as Jewish in the Population Registry.

Public Prayer Protection Act Introduced Into Congress

Yesterday's North Augusta Star reported that U.S. Rep. Gresham Barrett (R-SC) has introduced a bill in Congress that, if enacted, would protect elected and appointed officials who want to pray in public. The Public Prayer Protection Act of 2005 (HR 4364) contains findings that public prayer by government officials is not an Establishment Clause violation. The bill removes all federal court jurisdiction over Establishment Clause challenges to prayers by public officials. Finally the bill provides that federal court decisions on public prayer would not be binding precedent on state courts. Mike Cubelo, president of the Piedmont chapter of the ACLU of South Carolina, said he expects the legislation to be fiercely challenged and ultimately fail.

The bill is similar to another pending piece of federal legislation, the Constitution Restoration Act (HR 1070 and S 520) . Today World Net Daily reports that earlier this month, during a special session of the Louisiana Legislature called to deal with Hurricane Katrina, Louisiana lawmakers passed a Resolution urging Congress to adopt the Constitution Restoration Act.

High School Coach Sues Claiming Right To Pray With Team

In October, East Brunswick New Jersey High School football coach Marcus Borden resigned after being told he could no longer lead the team in prayer before football games. (See prior posting.) However, he has now changed his mind. A week after resigning, he rescinded his resignation and hired a lawyer. According to the Associated Press, on Nov. 21 he filed suit in state court claiming his constitutional rights are being violated. The Home News Tribune reported in detail on the complaint in the case which alleges interference with Borden's expression, association and privacy rights. Responding to the school's Establishment Clause concerns, Borden's lawyer, Ronald J. Riccio, said, "We think that no person, especially in the context of this case, could reasonably understand that if Coach Borden bowed his head and 'took a knee' that this would constitute government endorsing or coercing religion." A column in today's Woodbridge, NJ Sentinel summarizes Borden's position: "if players ... initiate a nonsectarian prayer before a game and [Borden] bows his head, or takes a knee to pray with them, he is not forcing religion on anyone, he is only freely exercising his own constitutionally protected right to pray and speak to his own god. "

Group Praises Churches For Katrina Aid; Opposes Faith-Based Initiatives

According to 2theadvocate, the Interfaith Alliance, a Washington-based religious group, issued its report "Day 56" on Tuesday, criticizing the federal government's response to Hurricane Katrina. At the same time, the Report praised churches that provided food, clothing, shelter and transportation, focusing on Shiloh Missionary Baptist Church in Baton Rouge. The Report said, "Because many government leaders reacted so poorly, the religious community -- among many other community groups -- has been left holding an empty bag with no relief in sight." It called for tax incentives for charitable giving, a commitment to public education and improvement to welfare. However, the report also emphasized the Alliance's objection to government faith-based initiatives, saying "Religion should not be dictated from The White House or legislated from the halls of Congress. This is not where religion works."

Critics of 10 Commandments Display Testify In Michigan

MLive in Lansing, Michigan, reports that the state's 12-member Capitol Committee yesterday heard testimony from critics of a proposal to initiate display of the Ten Commandments at the capitol building. (See prior posting.) Wayne State University law professor Robert Sedler told the committee, made up of state lawmakers and representatives of the Governor, "In the American constitutional system, the place for God is in the home, the church, the synagogue, the mosque and the temple. By keeping God out of the public square and putting God into our homes and our religious institutions, the Constitution protects the religious freedom of all of us." The Committee is moving toward requesting a legal opinion on the matter from Michigan Attorney General Mike Cox.

Moussaoui Voir Dire May Include Questions On Jurors' Religion

A Virginia federal district court is expected to begin jury selection in February for a trial that will decide whether Zacarias Moussaoui, the only person charged in the U.S. in the 9-11 terrorist attacks, should receive the death penalty or life in prison. Yesterday, the Associated Press reported that prosecutors have submitted questions that they wish to have asked of potential jurors. Included are questions about a juror's religion, whether the potential juror attends a place of worship and what the individual knows about Islam.

South Carolina City Council Moves To Pre-Meeting Prayer

In Rock Hill, South Carolina, an opening prayer will no longer be listed on the official agenda of city council meetings. Today's Rock Hill Herald reports that instead, council members will pray on a voluntary basis before meetings are called to order. The change is an attempt to prevent lawsuits and comes a month after Councilman Jim Reno created a controversy by closing his official prayer using Jesus' name. A U.S. 4th Circuit Court of Appeals ruling last year barred the town of Great Falls, SC from mentioning Jesus in pre-meeting prayers.

Drug Store Suspends Objecting Pharmacists Because of Illinois Law

Illinois law requires pharmacies to fill all prescriptions on a timely basis. KSDK News reported yesterday that Walgreens has put four Illinois pharmacists on unpaid leave for refusing to fill prescriptions for Plan B, also known as the "morning after pill." The pharmacists say that filling the prescriptions violates their religious beliefs. Walgreens says that refusing to fill the prescriptions places the pharmacy's license at risk.

Sweden's Supreme Court Clears Pastor Who Gave Anti-Gay Sermon

According to PinkNews today, the Supreme Court of Sweden has invoked protections of speech and religion to uphold an appeals court verdict that anti-homosexual remarks in a sermon by Pastor Ake Green could not be prosecuted. The Pentecostal pastor was the first clergyman to be convicted under Sweden's hate crimes law which was amended in 2003 to include attacks against homosexuals.

UPDATE: Further background information, including a transcript of the offending sermon, can be found on this website devoted to the case.

Location Limit on Church's Parolee Facility Upheld

In Pastor Rick Barr v. City of Sinton, a Texas appellate court rejected a minister's state statutory and constitutional claims and upheld a city ordinance that prohibited locating a correctional or rehabilitation facility within 1000 feet of a residential area, school, park or place of worship. Two homes that provide housing for parolees and probationers are operated by Pastor Barr and his corporation, and are located across the street from their sponsoring church. The court rejected the claim that the statute violated plaintiff's free exercise of religion and free speech rights under Art. I, Sec. 6 and 8 of the Texas Constitution and the Texas Religious Freedom Act.

Alabama Bill Would Place "God Bless America" On Auto Tags

The Associated Press reported on Saturday that a bill has been pre-filed in the Alabama legislature by State Rep. Steve Hurst to require most auto license plates to include the phrase "God Bless America". Hurst says, "That will let all the people in America know that we are a Bible Belt state." Carol Moore, president of the Atheist Law Center, said her organization would oppose Hurst's bill. Today's Decatur, Alabama Daily editorializes against the bill, saying that Alabama "is doing badly in applying godly ethics" in areas of social welfare and taxation. It continues, "Those who look to Jesus for guidance might reflect on his preaching against hypocrisy and empty public displays of religion."

Pakistan Medical School Charged With Religious Discrimination

In Pakistan, a Christian student has filed suit in the Lahore High Court challenging the constitutionality of the admissions practices of King Edward Medical College. Today's Daily Times reports that the medical school offers additional points toward admission to Muslim students who have successfully memorized the Quran. The petitioner, Qandeel Sultan, argues that since she has merit certificates to prove her proficiency and knowledge of Christianity, she should also be given extra points toward admission. She argues that Article 25 of Pakistan's Constitution that provides "All citizens are equal before law and are entitled to equal protection of law", should be interpreted to require an equal education policy without discrimination on the basis of sex, religion, creed or caste. She has asked the court to prohibit the Admissions Board and Punjab government from commencing 2005-06 classes in medical colleges in Punjab until the final disposal of her petition.

December Church-State Guidance Offered Online To Public Officials

For government officials seeking guidance on the legal rules surrounding holiday displays and activities, at least two organizations have memos on their web sites offering their interpretations of the relevant precedents. Liberty Counsel's 7-page "Christmas Memo" covers publicly and privately sponsored religious holiday displays, religious holidays in public schools, and public school students in the context of religious holidays. The Anti-Defamation League has posted its "December Holiday Guidelines for Public Schools". Headlined "The December Dilemma", the web page discusses religion as an educational lesson, holiday assemblies and other public school activities, public school students performing religious music, and decorating public school classrooms and grounds with holiday symbols.

Idaho City's Homeless Shelter Lease Violates Establishment Clause

Last month's decision in Community House, Inc. v. City of Boise, 2005 U.S. Dist. LEXIS 29438 (D. Idaho, Oct. 28, 2005) has just become available. The Idaho federal district court issued a preliminary injunction prohibiting the city of Boise from continuing it arrangement with the Boise Rescue Mission (BRM) to lease and operate a homeless shelter if the BRM is requiring homeless residents of the shelter to attend religious services, or is requiring an explanation why the person cannot attend. The court held that even requiring an explanation for non-attendance "can easily amount to a subtle, and even not-so-subtle, form of coercion", which raises serious Establishment Clause issues.

Excerpts From High School Texts In California Litigation

A religious discrimination lawsuit against the University of California system brought by a group of Christian high schools is slated for trial on Dec. 12 in federal court in Los Angeles. The UC system has refused to recognize some high school courses using Christian-based texts as meeting minimum standards for applying students. (See prior posting.) Today's New York Times carries excerpts from textbooks used in the disputed courses. Here are three of them. The full article carries more:

On Thomas Jefferson, from United States History for Christian Schools, written by Timothy Keesee and Mark Sidwell (Bob Jones University, 2001): "American believers can appreciate Jefferson's rich contribution to the development of their nation, but they must beware of his view of Christ as a good teacher but not the incarnate son of God. As the Apostle John said, "Who is a liar but he that denieth that Jesus is the Christ? He is antichrist, that denieth the Father and the Son" (I John 2:22)".

On Mark Twain, from Elements of Literature for Christian Schools, by Ronald Horton, Donalynn Hess and Steven Skeggs (Bob Jones University, 2001): "Twain's outlook was both self-centered and ultimately hopeless. Denying that he was created in the image of God, Twain was able to rid himself of feeling any responsibility to his Creator. At the same time, however, he defiantly cut himself off from God's love. Twain's skepticism was clearly not the honest questioning of a seeker of truth but the deliberate defiance of a confessed rebel."

From Physics for Christian Schools, by R. Terrance Egolf and Linda Shumate (Bob Jones University, 2004): "You are about to embark on an adventure. The study of physics reveals the wonderful orderliness of God's creation - so orderly that it can be comprehended in terms of relatively simple principles (mathematical formulas). ... Physics is important because through it mankind learns how creation actually works. It satisfies our God-given curiosity about nature. Seeing that God does "great things and unsearchable; marvelous things without number" (Job 5:9), men have dedicated their lives to unraveling the rich mysteries of creation."

Boston "Holiday Tree" Provokes Objections

On Friday, Reuters reported on the furor in Boston when the city officially renamed a giant tree erected in a city park a "holiday tree" instead of a "Christmas tree." Evangelist Jerry Falwell complained that "there's been a concerted effort to steal Christmas". Boston Mayor Thomas Menino said he would keep calling the Nova Scotia spruce a "Christmas tree" regardless of what it said on the city's official Web site.

UPDATE: The Christian Post on Nov. 27 reports that after being threatened by Liberty Counsel with a law suit over changing the name of its tree, Boston Parks Commissioner Toni Pollak told the Boston Herald, "This is a Christmas tree. It's definitely a Christmas tree."

Mother Jones On Church-State

The December 2005 issue of Mother Jones magazine focuses on the interplay of conservative Christianity and the U.S. government. The issue, titled God and Country: Where the Christian Right Is Leading Us, has caused a stir among blogs of various political persuasions. Joseph Knippenberg at No Left Turns discusses it and promises more comment on his blog in the coming days. Talk To Action promises to host a national e-conference next week with Mother Jones on the issues raised by articles in the special issue.

Bankruptcy Disclosure Statement Filed By Archdiocese

The Federal Bankruptcy Code, 11 USC Sec. 1125, requires that in a bankruptcy reorganization, the debtor file a disclosure statement that is sent out to creditors who are asked to approve the reorganization plan. November 15 saw one of the most interesting ever disclosure statements filed. The Archdiocese of Portland filed its statement that, if approved by the court, will go out to creditors, including sex-abuse claimants. According to today's Catholic Sentinel, the disclosure statement says that the reorganization plan is designed to "fairly, justly, and equitably compensate valid Claimants . . . while allowing the archdiocese to continue its religious ministries, serve the spiritual needs of the faithful, and pursue its non-profit, charitable mission of service to those in need."

Currently the Archdiocese is arguing over which parish and school properties are available to creditors. (See related prior posting about Spokane case.) The disclosure statement says that if the archdiocese prevails, the compensation will be only about half as much as under last week's proposal-- shrinking from $40.5 million to $21.5 million. In the statement, the archdiocese said engaging the property dispute is in no one's best interest, since the case could take years.

The disclosure statement argues the Archdiocese side of the case: "All church property, whether held in the name of the archdiocese, the archbishop, a parish or a school, has been acquired with charitable donations made by parishioners, religious organizations, charitable foundations, and others. As such, the archdiocese asserts that much of the property titled in its name is held in trust, or is otherwise restricted, for the use of the benefit of the parishes, parishioners, parents, students and others who rely on the continued use of such property in order to practice their religion and educate their children, and that certain property is specifically designated for a particular purpose and can only be used for that purpose."

Missouri Stem Cell Initiative and Catholic Opposition

In Missouri, the Coalition for Lifesaving Cures headed by former U.S. Senator John Danfoth is promoting the Missouri Stem Cell Research and Cures Initiative. The group is circulating a petition to get an amendment to the state constitution on the ballot that would protect stem cell research in the state. Yesterday's St. Louis Post-Dispatch reported that on Sunday at all Catholic churches around St. Louis, parishioners will hear a homily telling them not to sign the petition. The bishops of the four diocese in the Catholic province of St. Louis have directed their parish priests to convey the church's position on embryonic stem cell research and its opposition to the petition initiative from their pulpits this week.

Islam and Freedom of Religion In Malaysia

A November 16 report from Foreign Policy In Focus, Islam, the State and Freedom of Religion In Malaysia, analyzes the success of Malaysia in promoting progressive Islam. It has successfully achieved economic growth while identifying itself with modern and liberal forms of religious expression. The government is promoting "Islam Hadhari", an approach that views Islam as evolving. The report analyzes the attacks on the present system and the issues of freedom of religion currently being faced by civil courts in Malaysia.

Faith-Based Prison Programs Grow In Popularity

Faith-based programs are becoming a more important part of the activities in jails and prisons around the country. Yesterday's newspapers carried reports on two of them. In Boulder, Colorado, more than 400 inmates at the Boulder County Jail regularly attend faith groups offered throughout the week. An Associated Press story reports that the programs serve nearly 1,000 inmates every year. 75 volunteers run more than 30 religious programs a month, serving not just Christians, but also Jews, Muslims and Buddhists.

The Tallahassee Democrat reports on the conversion of Florida's Wakulla Correctional Institution to a faith-based facility. The official designation means inmates must agree to attend religious or non-religious character-building classes and stay out of trouble. If they do not, they will be transferred to other less desirable prisons in the system. There are 3,000 inmates throughout the state on a waiting list for faith-based programs. The classes at Wakulla will be taught by volunteers in order to reduce the likelihood of church-state lawsuits. Wakulla, with its 1662 inmates, is the third prison in Florida to be designated faith-based and is the largest faith-based prison in the U.S.

Alliance Defense Fund Featured

The AP yesterday in an article carried by the Washington Post and other papers reviews the activities of the Alliance Defense Fund. The organization, headquartered in Scottsdale, Arizona, has grown since its founding in 1993 to more than 100 employees with branch offices in six states. It files an average of one lawsuit a week in cases involving Christianity and schools, gay marriage and other concerns of social conservatives. It claims it has won 75% of the suits it has filed.

Historical Thanksgiving Proclamations

The Washington Examiner today published excerpts from the Thanksgiving Proclamations issued by George Washington in 1789 and Abraham Lincoln in 1863. Washington urged citizens to:

unite in rendering unto him our sincere and humble thanks, for his kind care and protection of the People of this country previous to their becoming a Nation, for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war, for the great degree of tranquility, union, and plenty, which we have since enjoyed, for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge and in general for all the great and various favors which he hath been pleased to confer upon us.

Lincoln's proclamation took a more somber tone:

And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to his tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquility and Union.

UPDATE: The full text of all Presidential Thanksgiving Proclamations are posted at Pilgrim Hall Museum. Thanks to Joseph M. Knippenberg for this lead, and see his discussion of Thanksgiving Procalmations here and here.

Chabad Seeking To Display Menorahs On Public Property

In the Boston area, difficult negotiations are taking place between town officials and Chabad rabbis over the display of menorahs on public property this Hanukkah season. While many Jewish organizations oppose on Establishment Clause grounds any kind of governmental display of religious symbols, Chabad-Lubavitch has often taken a different position. In 1989, in County of Allegheny v. ACLU, the U.S. Supreme Court held that a menorah is a religious symbol, but its display as part of a larger holiday tableau can be permissible as a "secular celebration of Christmas coupled with an acknowledgment of Chanukah as a contemporaneous alternative tradition".

Yesterday's Boston Jewish Advocate reports that Shrewsbury town selectmen originally refused a Chabad request to place a menorah in the town common. At a Nov. 21 meeting, they decided to retract their refusal, but have not given Chabad permission to display the menorah. In Wellesley, Rabbi Moshe Bleich successfully negotiated the display of a menorah on the town lawn in exchange for an agreement that he would rescind his request to hold a public ceremony. The Chabad rabbis involved argue that displaying a menorah is an important contributor to Jewish pride. Rabbi Michoel Green said, "Lots of Jewish kids here go to public schools and the Jewish kids are out of the loop."

Two New Religious Land Use Cases

In Friends of First United Methodist Church v. City of Seattle, (Nov. 21, 2005), a Washington state Court of Appeals rejected efforts of "Friends", a group that was attempting to prevent First United Methodist Church from demolishing its sanctuary and erecting an office tower and new adjoining sanctuary in its place. Friends claimed the downtown church sanctuary was historic and that under the State Environmental Policy Act, the church should have considered alternatives that did not involve its destruction. However, the court held that Seattle cannot burden the church's right to free exercise by preventing it from demolishing its sanctuary for landmark preservation purposes. Because landmark preservation is not a compelling interest, it cannot be used to justify action that has a coercive effect on the church's practice of religion. Since that is the case, the city cannot use requirements for an environmental impact statement to force the church to consider alternatives that cannot be enforced against it.

The Newtown, Conn. Bee reported yesterday on a Nov. 18 decision by the Danbury, Conn. Superior Court rejecting a Buddhist Temple's challenge to a 2003 Planning & Zoning Commission decision. The Cambodian Buddhist Society of Connecticut had sought to develop 10 acres of property it owns in a residential area with a temple and meeting hall. P&Z members in had unanimously rejected the proposal because it would increased traffic and noise, and would be "far too intense for this particular site." The Buddhist Society appealed the rejection, alleging that it violated the federal Religious Land Use and Institutionalized Persons Act and Connecticut's Religious Freedom Restoration Act. However the court disagreed, finding that: "The society's claim alleging a violation of the equal protection clause is unavailing because the court finds no evidence of selective treatment. The court further finds the society has neither established a 'substantial burden' nor a 'burden' on religious exercise sufficient to meet its prerequisite burden for a [religious freedom] claim...." UPDATE: The opinion is Cambodian Buddhist Society of CT, Inc. v. Newtown Planning & Zoning Commn., 2005 Conn. Super. LEXIS 3158 (Nov. 18, 2005).

San Diego Sets Yom Kippur As School Holiday

Beginning next year, the Jewish holiday of Yom Kippur will be a school-wide holiday for all students in California's San Dieguito Union School District. Today's San Diego Union Tribune reports that the move is impelled less by religious concerns and more by those of funding. Districts receive revenue based on attendance. This year the San Dieguito school district lost more than $55,000 for the 1,196 absent Torrey Pines students on Yom Kippur, compared with under $7,600 for about 165 absent students on a typical day. In 2007, when Rosh Hashanah falls on a week day, students will have that day off instead of Yom Kippur.

Court Turns Down Prisoner Request For Strict Kosher Diet

Yesterday's Washington Jewish Week discusses a Nov. 10 in Wilkerson v. Beitzel in which the federal district court in Maryland turned down a prisoner's request for kosher food. The court held that the lacto-ovo-vegetarian diet available at Maryland's Western Correctional Institution was religiously "neutral," even though kashrut-observant Jews would object to the lack of kosher dishes and kosher cheese. Judge J. Frederick Motz concluded that "additional costs and creation of perceived favoritism between religious groups, are legitimate compelling interests that override the burden placed on plaintiff's ability to follow a kosher diet."

Muslim Prisoner Challenges Worship Practices and State Statute

In Ha'min v. Montgomery County, 2005 U.S. Dist. LEXIS 28783 (MD Tenn., Nov. 10, 2005), a Tennessee federal district court held that a prisoner's First Amendment claims could proceed. Plaintiff alleged that the Montgomery County Sheriff's Office was not following its announced policy of permitting Muslim worship services for prisoners. He also challenged, essentially on Establishment Clause grounds, a Tennessee statute (Tenn. Code Sec. 41-21-211) that requires the distribution of Bibles to prisoners, but does not require distribution of copies of the Quran.

Wives Of Sect Leader Charged In Malaysia

In Besut, Malaysia, three wives of Sky Kingdom sect leader Ayah Pin, were charged in the Lower Syariah Court with being followers of deviant teachings, according to today's Malaysia Star. Charged under Section 10 of the Syariah Criminal Offence Enactment (Takzir) Terengganu 2001, it was alleged that by staying at the sect's commune last July they showed contempt to the state religious authorities and violated the 1997 state fatwa that declared Ayah Pin's teachings to be deviant.

Injunction Issued, Appeal Filed In Pledge Case

As reported in a previous posting, in September a federal district court in California held that that the recitation of the Pledge of Allegiance in public school classrooms violates the Establishment Clause because of the phrase "under God" in the text. That decision was not accompanied by the issuance of an injunction. On November 18, the court entered a permanent injunction in the case of Newdow v. Congress of the United States in order to implement its earlier decision. The injunction was stayed, however, until the issue is fully resolved through the appeals process. On Nov. 21, the Becket Fund for Religious Liberty announced that it had begun that process by filing a Notice of Appeal with the U.S. 9th Circuit Court of Appeals.

Wisconsin AG Refuses To Issue Opinion On Bible Study In Dorms

The University of Wisconsin-Eau Claire has a policy banning resident assistants from conducting Bible study groups in their dormitories. (See prior posting.) Yesterday, the Associated Press reported that Wisconsin Attorney General Peg Lautenschlager has refused to issue an opinion on the constitutionality of the policy. UW System President Kevin Reilly requested an opinion, but the AG's top aide, Dan Bach, turned down the request. He said that issuing an opinion, especially one that found the policy unconstitutional, could compromise the office's ability to represent the state should someone sue over the policy later on.

Canadians Call For Equal Funding of Religious Schools In Ontario

In Toronto last week, a group of Jews, Muslims, Sikhs and Christians demonstrated to demand equal public funding for all Ontario faith-based schools. Ontario's Catholic schools are fully funded by tax revenues. This week's Canadian Jewish News reports on a push by the Multifaith Coalition for Equal Funding of Religious Schools to obtain public funding in exchange for compliance with government curriculum standards, teacher certification and auditing of schools' finances. Earlier this month, the United Nations Human Rights Committee issued a report calling on Canada to "adopt steps to eliminate discrimination on the basis of religion in the funding of schools in Ontario." This follows up a ruling six years ago that Canada is violating international human rights law by its discriminatory funding policy. (Full text of UN ruling.)

Islam In Russia and Russian Reactions

The New York Times today carries a long front-page article on the growth of Islam in Russia, and the government's response to it. It reports that the Islamic faith, and Islamic militancy, is on the rise. In response, the government has created a Soviet-type system of control over religion. Its Muslim Spiritual Department now oversees the appointment of Islamic leaders. The number of Muslims in Russia is estimated as between 14 and 23 million, 10% to 16% of Russia's population. They are found mainly in several Muslim-majority republics. Thousands of mosques have been rebuilt and reopened, as have madrasas. However, believers outside of the state's Muslim departments are increasingly viewed with suspicion because of the radicalization of Chechnya and other republics. They are denounced as Wahhabis, a word that has become Russian shorthand for any Islamic militant.

Guantanamo Detainee Gets Koran, But Not Bible

The Los Angeles Times today reports on Saifullah Paracha, a former Pakistani businessman who is in custody at Guantanamo Bay. He is charged with conspiring to ship chemical components to the United States to help set off an attack by Al Qaeda terrorists. Like other Guantanamo inmates, Paracha has been given a copy of the Koran. However, prison officials have confiscated a package containing a Bible, two Shakespeare plays and an English dictionary shipped to Paracha by his lawyer. His lawyer, Gaillard T. Hunt, has now filed suit in federal district court in Washington, DC, demanding that the package be released to Paracha. Authorities have cleared the Shakespeare volumes for release, but not the Bible. The government argues that withholding the Bible has not "substantially burdened" the prisoner's practice of his religion. It also fears setting off a "chain reaction" among the other 170 detainees who are suing the government for various kinds of relief.

No Religious Discrimination By New Mexico State Football Coach

An investigation by the Albuquerque law firm of Miller Stratvery has found that the New Mexico State University football program has not engaged in religious discrimination, according to a report from the Associated Press. The ACLU of New Mexico had filed a grievance last month against Aggies coach Hal Mumme, claiming he discriminated against three Muslim players by requiring them to recite the Lord's Prayer at the end of practice and repeatedly questioning at least one of them about al-Qaida. The allegations surfaced after the players were removed from the team. The investigators concluded that they were released because of their performance and attitudes, not because of religion. The ACLU had requested an apology and the institution of diversity training.

Florida Supreme Court Will Decide Wiccan Standing In Tax Case

The Daily Business Review reports that on Nov. 17, the Florida Supreme Court (by a 4-3 vote) agreed to hear an appeal from the District Court of Appeal's decision in Wiccan Religious Cooperative of Florida v. Zingale. At issue is the standing of a Wiccan group to challenge a Florida law that exempts religious publications from the state's sales and use taxes. During litigation, the state conceded that the Wiccan group is religious. The appeals court, by a 2-1 vote, then held that the group lacked standing to challenge a tax exemption from which it benefits. The dissent argued in part that the Wiccan group was a purchaser of books, not a publisher, and thus had standing to sue over the taxes it paid on non-religious books it had purchased. [Thanks to James Maule via Religionlaw listserv for the infomation.]