Court Battle to Change Name to "Jesus Christ" Continues

The South African Mail and Guardian today reports on a legal battle over a name change in Washington, DC. Fifteen years ago, Peter Robert Phillips, Jr. changed his name on his passport, drivers' license and social security card to "Jesus Christ". In 2003, West Virginia refused to place this name on a deed to property without a formal name change. So Christ nee Phillips petitioned the District of Columbia Superior Court for a legal change of name. The trial court denied his request on the ground that use of this name is blasphemy and will cause a violent reaction. On April 7, 2005, the DC Court of Appeals reversed on the ground that the petitioner failed to publish notice of his proposed name change in a newspaper of general circulation as required by D.C. Code Sec. 16-2503, and that no transcript of the hearing in the trial court was filed with the appeal. The court remanded the case so it can proceed in accordance with applicable rules. Phillips attorney, who reports that a new hearing is expected within the next two months, says that his client is a devout Christian who is expressing respect and love for his religion through the name change.

New Law Review Articles

Here are some of the most recent First Amendment Religion Clause articles published in law reviews, courtesy of SmartCILP:

Dokupil, Susanna, Thou Shalt Not Bear False Witness: "Sham" Secular Purposes in Ten Commandments Displays, 28 Harv. J.L. & Pub. Pol'y 609-650 (2005).

Garry, Patrick M., The Institutional Side of Religious Liberty: A New Model of the Establishment Clause, 2004 Utah L. Rev. 1155-1189.

Gedicks, Frederick Mark and Roger Hendrix, Religious Experience In the Age of Digital Reproduction, 79 St. John's L. Rev. 127-160 (2005).

Goldstein, Jared A., Is There A "Religious Question" Doctrine? Judicial Authority To Examine Religious Practices and Beliefs, 54 Cath. U. L. Rev. 497-551 (2005).

Malaysia Releases Arrested Christians; Demands Bible Labeling

Christian Today reports that Malaysia has released two American Protestants who had been arrested on April 25 for proselytizing (see prior posting). Sentenced to 14 days in jail, they were released after 10 days. All charges against them were withdrawn. Islam is the official religion in Malaysia and it is illegal to attempt to convert Muslims. The Prime Minister recently announced that Bibles published in the Malay language must display a prominent warning, "Not For Muslims".

11th Circuit Denies Native American Prisoner's Religion Claims

In Brunskill v. Boyd , decided yesterday, the US 11th Circuit Court of Appeals rejected free exercise, establishment clause, equal protection and RLUIPA claims by a Native American who practices the Tobacco Indian religion. The inmate had charged that prison rules requiring him to cut his hair were unconstitutional, as were those denying him access to tobacco, sage, cedar, sweetgrass, beads, leather, thread, needles, and feathers used for religious purposes.

2 Publications By Political Scientists On Religion and Public Policy

A new book edited by two political scientists presents case studies of faith-based programs funded by the federal government. The book is David K. Ryden & Jeffrey Polet, Sanctioning Religion?: Politics, Law, and Faith-Based Public Services , from Lynne Reinner Publishers. It is described as investigating "the potential—as well as the perils—of mixing religion and politics in the United States." The book's Introduction is available online.

Another group of political scientists have published a paper analyzing the role that religion plays in voting patterns of members of Congress. In the May 10 issue of Roll Call (subscription required), an article describes their paper, The Confessional Congress: Religion and Legislative Behavior. The paper analyzes religious faith and voting behavior of House members in the 105th Congress (1997-98). It concludes "even when party membership, district religious characteristics, and important political variables are controlled, religious affiliation and theological perspective still have a direct impact on members' voting." [Thanks to Steven H. Sholk for this information].

JP Says Separate Religion and Government In Israel

The influential Jerusalem Post today called editorially for a separation of religion and government in Israel. It urged as a first step that the Knesset abolish the offices of the two Chief Rabbinates (Ashkenazi and Sephardi). The editorial cited recent charges of personal and financial wrongdoing related to the incumbent Chief Rabbis. But it went further, arguing that there is no need for the current governmental religious councils or for the state-sponosred religious courts. The editorial continued by declaring, "We are strong believers in the Jewish state, but the current bonds between Judaism and the state have hurt both immeasurably. We are less of a Jewish state because of the politicization of religion, which has driven many more Israelis away from Judaism than it has brought closer."

Title VII Claim Does Not Survive Asset Transfer In Bankruptcy

In a case decided two weeks ago, the federal district court for the northern district of Indiana held that Sec. 363(f) of the Bankruptcy Code gives the court the power to approve the transfer of a bankrupt company's assets free and clear of Title VII employment discrimination claims. In Faulkner v. Bethlehem Steel/International Steel Group, 2005 U.S. Dist. LEXIS 7501 (ND Ind., 4/27/2005), the court refused to accept plaintiff's argument that his discrimination claim could be asserted against the buyers of the business under a "successor liability" theory. While this case involved a claim of racial discrimination, the same result would follow in a religious discrimination case.

Political Dispute Over Religious Pilgrimage in Kashmir

In Indian Kashmir, the courts find themselves at the center of a political-religious battle. Each year, Hindu pilgrims flock to the cave of Armanath where the image of the god Shiva in the form of a lingam is formed by an ice stalagmite. This year, according to a report published today in Express India, controversy rages over the length of the pilgrimage, known as the Amarnath yatra, and who has the right to set the dates for it.

Traditionally the yatra extends for 59 days in the month of Shravan (July-August). In the last few years, because of the security concerns in Kashmir, the government of Jammu and Kashmir has reduced the yatra to one month. But this year, the Shri Amarnath Shrine Board has scheduled the yatra for the traditional 59 days-- June 21 to August 19. This follows a decision of a single bench of the High Court of Jammu and Kashmir that the Shrine Board has the sole power to set the yatra dates. The Kashmir government is appealing this decision to the full High Court. However, coalition partners who are part of that government disagree. In the face of the appeal, Deputy Chief Minister Mangat Ram Sharma announced that the government will make security arrangements for a traditional 59-day yatra.

In another report today by The Pioneer, this dispute is described in more political terms: "Jammu and Kashmir has been witnessing a rare convergence of three political parties - Congress, National Conference and Bhartiya Janta Party - for the first time in the history of the state politics.... [A]ll these political parties want to teach their common enemy - PDP leader and Chief Minister Mufti Mohd Sayeed - a bitter lesson and have already joined hands to check his growing influence over day-to-day working of the Shri Amarnath Shrine board in the run- up to the annual pilgrimage in South Kashmir starting from June 21."

Parish-Diocese Relationship At Issue In Bankruptcy Proceedings

Today Law.com reports on the difficult bankruptcy law issues posed in proceedings against the Catholic diocese of Spokane, Washington. Pushed into bankruptcy by priest sex-abuse law suits against it, the diocese claims that churches and schools held in trust by the diocese for individual parishes should not be part of the assets that diocese creditors can reach. The diocese argues that civil courts must defer to church law which recognizes individual parishes as separate legal entities. Attorneys for creditors argue that canon law should not govern rights of outsiders to reach property in a bankruptcy proceeding. A hearing is set for June 27 on the issue.

European Parliament Lobbied Over Right to Religious Garb

In Strasbourg, France today, Muslim women from around Europe will gather to lobby members of the European Parliament for the right to wear the Hijab (head covering). Sikhs from around Europe will also lobby for the right to wear turbans. The controversy stems from a French law enacted in March 2004 that bans conspicuous religious symbols and attire in public schools. According to a report today by the Islamic Republic News Agency, May 20 is the deadline to obtain signatures of a majority of the members of the European Parliament to bring up for debate the previously tabled "Written Declaration on Religious Rights and Freedoms in France and Throughout the European Union."

Free Exercise Claim of Native American Prisoners Rejected

On May 4, 2005, a federal district court in North Dakota rejected claims by Native American penitentiary inmates that their rights to free exercise of religion were being denied. In Brown v. Schuetzle, 2005 U.S. Dist. LEXIS 8229, the court rejected both First Amendment and RLUIPA claims over conduct of religious ceremonies at the "sweat lodge" made available for inmates. The dispute involved qualifications of those who conduct the ceremonies and whether ceremonies would be open to non-Native Americans.

PrawfsBlawg Raises Issues of Protecting Ritual Observance

A discsussion today on PrawfsBlawg raises the question of the extent to which observance of religious ritual is protected by the First Amendment (or by laws that prohibit religious discrimination) if the person's practice of the rituals is based on something other than religious faith or a belief in God.

Perhaps the debate here is a semantic one flowing from the Supreme Court's usual concept of "religion" as a set of beliefs which may support certain practices. Some traditions might instead view religion primarily as a pattern of obligatory ritual practices that may, optimally, lead to belief in a Supreme Being.

Catholic League Home Page Hacked In Retaliation for Statements

On Saturday, the New York Post published an article about the new movie, Kingdom of Heaven, which is an account of the Third Crusade. The article quotes William Donahue, President of the Catholic League, as saying: "It is a matter of historical record that Muslim violence — in the form of a jihad — was responsible for Christians striking back, hence the Crusades." Apparently in response, the Catholic League's website was hacked over the weekend. Its home page was replaced with a semi-literate message urging the freeing of Palestine and of Iraq. The Catholic League has contacted the New York City police and the FBI about the intrusion.

Asylum For Religious Persecution About to Become More Difficult

The REAL ID Act (H.R. 418) , about to be enacted by Congress, has made the news because of provisions that tighten the rules for the issuance of drivers' licenses. However today the New Jersey Star Ledger reports on another aspect of the bill . It will make it more difficult for immigrants to obtain political asylum based on religious discrimination in their home country. Currently, 8 USC Sec. 1101(a)(42) defines a refugee eligible for asylum as a person who has a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."

Under the propsed new legislation, the asylum-seeker will be required to prove that one of these factors was or will be the central reason for his or her persecution at home. Section 101 of the law will also require that proof of this must be by evidence that is credible, persuasive and which refers to specific facts. Human rights groups have previously criticized strongly these provisions.

The bill passed the House last week (May 5) and is likely to pass the Senate this week, according to US Newswire.

Released Time Programs Are Alive and Well

Over 50 years ago in Zorach v. Clausen, the US Supreme Court approved "released time" programs in which students were released from school for a period of time during the day to obtain religious instruction in a nearby church. eMedia Wire reports today that eleven Pennsylvania counties are taking advantage of an old released time law in the state that permits up to 35 hours per year of off-campus religious instruction. Some 3000 students participate in the program run by Joy El Ministries.

State Supreme Courts Reject Church's 1st Amendment Defense In Sex-Abuse Cases

Last week, two state Supreme Courts permitted actions against the Catholic Church to proceed over First Amendment objections by the church. Both cases involved suits against the church by victims of the clergy sex-abuse scandal.

Fortin v. Roman Catholic Bishop of Portland (decided May 3, 2005) involved a claim that the Diocese failed to alert police that one of its priests had a propensity to abuse young boys. The Maine Supreme Court held that the plaintiff’s special relationship with the church created a fiduciary duty on the part of the Church to protect him from harm. It went on to reject the Church’s argument that imposing a fiduciary duty of care would violate its Free Exercise rights. The Court held that the imposition of liability was consistent with the US Supreme Court’s decision in Employment Division v. Smith, because the liability rule is a facially neutral requirement of general applicability that does not target religious beliefs or practices. It also held that the Church failed to identify a specific religious doctrine or practice that would be infringed by imposing this standard on the Church.

Finally the Court rejected the Church’s claim that the free exercise clause of Art. I, Sec. 3 of the Maine Constitution was violated by imposing potential liability on the Diocese. The Court held, however, that in later proceedings the Diocese could still prove that deciding the plaintiff’s claim will unconstitutionally involve the Court in deciding issues of religious law governing an hierarchical church.

Roman Catholic Diocese of Jackson Mississippi v. Morrison (decided May 5, 2005) also involved claims that the Diocese acted improperly when it learned that one of its priests had a propensity to molest children. First the Mississippi Supreme Court rejected the Establishment Clause argument that imposing liability on the Church for negligence in hiring and retaining a priest involves excessive entanglement of government with religion. It focused on the fact that there is nothing religious in nature about the conduct at issue.

The Court also rejected the Church’s Free Exercise argument that “subjecting it to prosecution of civil claims for negligent supervision would be tantamount to attempting to regulate its ecclesiastical policies, principles and procedures.” Finally the Court rejected arguments that Constitutional doctrines of church autonomy prevented it from deciding the case, since no ecclesiastical matters were at issue here. The Court has written a lengthy opinion extensively examining relevant precedent.

In the second part of its opinion, the Court rejects the argument that it should create a First Amendment privilege that would allow the Church to refuse to produce religious-oriented documents during discovery.

Two justices dissented from the court’s opinion.

Kansas Evolution Hearings- An Update

As I noted in a previous post, the Kansas State Board of Education held 3 days of hearings last week on evolution vs. intelligent design. Among the many news reports of the hearings is one by the Lawrence Journal World quoting two of the three members of the subcommittee conducting the hearing as saying that they had only scanned the controversial proposals. Indicating that she had not read the proposed new standards carefully, one of the board members said, "I'm not a word-for-word reader in this kind of technical information".

Biblical Literacy Courses Proliferate in Public Schools

An article this morning originating from the Dallas Morning News documents the extent to which courses on biblical literacy are finding their way back into public school classroooms across the country. Over 300 school districts in 35 states use material prepared by the National Council on Bible Curriculum in Public Schools. Critics are concerned that the courses as actually taught will cross the line from objective study to impermissible proselytizing.

The Other Side of the ACLU's RIS Lawsuit

Last month in a post I discussed the ACLU's suit on behalf of several Muslim-Americans against the Department of Homeland Security over the way they were detained and interrogated upon their return from a Muslim conference in Canada. The annual event in Canada is known as the "Reviving Islamic Spirit" conference. On Friday, the National Ledger published an op-ed piece making the case on behalf of DHS. Sherrie Gossett of Accuracy in Media argues that the history of past RIS conferences gave the government a strong basis for their questioning of those who had attended.

Symposium Issue on French Church-State Separation

The current issue of the Houston Law Review, Vol 42, No. 1 (available online) is a very interesting symposium issue on church-state issues. It features Steven Gey's Frankel Lecture entitled Free Will, Religious Liberty, and a Partial Defense of the French Approach to Religious Expression in Public Schools and commentaries on that theme. The issue also contains two student notes on church-state issues. (Note the issue is in fact the 2005 Symposium issue despite the heading on the online table of contents.)

TRO Issued In Challenge to Md. Sex-Ed Curriculum

Yesterday, a federal district judge issued a temporary restraining order against the Montgomery County Public Schools to prevent them from implementing their new sex education curriculum (see prior post). Finding, among other things, that plaintiff's Establishment Clause claim had merit, the Court in its Memorandum Opinion said:

"The Revised Curriculum plainly portrays Baptist churches as wrongly expressing the same intolerance [sic.] attitude towards homosexuals today as they did towards African Americans during segregation. ... [It] also implies that the Baptist Church's position on homosexuality is theologically flawed.... Most disturbingly, the Revised Curriculum juxtaposes this portrait of an intolerant and Biblically misguided Baptist Church against other, preferred Churches, which are more friendly towards the homosexual lifestyle."

Parent Sues Pa. School That Prohibited Bible Reading

The Rutherford Institute announced earlier this week (May 2) that it had filed suit in a Pennsylvania federal district court on behalf of a mother who was prevented from reading Psalm 118 from the Bible when her daughter was the featured student of "Me Week". Parents were asked to read to the class from their child's favorite book when their child was the featured student. But the principal informed the mother that her reading from the Bible would violate the separation of church and state. The mother claimed that parents were permitted to read and teach the class about Judaism and the celebration of Hanukkah, but that expression of religious beliefs by Christians was prohibited. Reporting on the lawsuit today, Agape Press quotes the mother's lawyer as stating that the school is displaying an "ignorant view of the constitution".

Viet Nam Religious Freedom Moves End Threat of US Sanctions

A US official visiting Hanoi has announced that the United States will not impose sanctions on Viet Nam over religious freedom issues, according to a report today by PolitInfo. While Viet Nam had been denominated a "country of particular concern" under the International Religious Freedom Act of 1988 (see prior post), it has since enacted new legislation that may lead to Protestant and Buddhist relgious groups obtaining recognition. It will also reopen some closed churches and end the practice of forcing individuals to renounce their faith. Viet Nam, however, has not yet been removed from the list of offending countries.

Death Penalty Sought for Sudanese Editor Who Insulted Mohammed

Generally I try to post stories without comment, but this report from yesterday's Sudan Tribune out of Khartoum was sufficiently unsettling that I wondered about its accuracy until the BBC and the Australian Broadcasting Corp. reported similar stories.

In April, Mohamed Taha Mohamed Ahmad, chief editor of the newspaper Al Wafiq, published an article written by a well-known Islamic historian. The article examined a 500-year-old Islamic manuscript that claims Mohammed's father was not Abdullah, as Muslims traditionally believe. Taha wrote a commentary next to the article, rejecting its premises.

Not only has the newspaper has been suspended for three days, but the editor is now charged with violating a Sudanese criminal statute that prohibits insulting religion or faith. In accordance with Islamic law which has been implemented in Sudan since 1983, this offense warrants the death penalty and the chief prosecutor is asking for that sentence. A large and angry crowd gathered in front of the court carrying a banner demanding "death to the apostate". The charged journalist refused to be represented by a lawyer and is representing himself. The court postponed the hearing for one day to study papers that had been filed.

Oregon Supreme Court Decides RLUIPA Case in Favor of City

The Oregon Supreme Court today decided its first case under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). In Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints v. City of West Linn, the court held that the city's denial of a conditional use permit to build a new meetinghouse did not impose a "substantial burden" on the Church's religious exercise since a permit would be granted for a revised construction plan. A report about the decision carried today by Oregon Live points out that in the Supreme Court's view, the added expense and delay that would be involved in submitting a new plan is not substantial enough to be prohibited by RLUIPA.

New Article on Protecting Proselytism

University of Notre Dame Law Professor Richard W. Garnett's new article entitled Changing Minds: Proselytism, Religious Freedom, and the First Amendment is now available through SSRN. Prof. Garnett describes proselytism a matter of "geopolitical, cultural, and national-security significance". The article, which will appear in the University of St. Thomas Law Journal, argues that the legal protection of proselytism is integral to freedom of conscience, and draws on writings of the late Pope John Paul II to support that position.

Bussing for Single Gender Jewish Schools Upheld

The Asbury Park Press reports that yesterday a New Jersey appellate court upheld the "courtesy bussing" policy for students in private religious day schools in Lakewood, New Jersey. Many years ago, in Everson v. Board of Education the US Supreme Court upheld state-financed bussing for parochial school students. But the New Jersey case had a different twist.

In Lakewood, the public schools enroll 5,400 students, while 12 to 15 thousand are enrolled in gender-separate Orthodox Jewish Day Schools. Different start and stop times for different day schools have resulted in all-boy or all-girl bus routes. This was challenged as discrimnatory. The court upheld Lakewood's bussing operations stating: "It is coincidental that the Orthodox schools are single-gender. The routes pursuant to the policy are neutral and do not foster religion."

Quebec Proposes to Remove Religious Teaching From Schools

Yesterday, Quebec's Education Minister introduced a law that will replace the teaching of Catholic and Protestant religious doctrine in the public schools with broader academic instruction on ethics, religion and culture. According to a report by CNews, the changes will not take effect until 2008. This move is motivated not only by parental desires as reflected in recent polls, but also by guarantees of freedom of conscience and religion in Canada's 1982 Charter of Rights and Freedoms. However, under Section 33 of the Charter, a provincial legislature can declare a law operative for up to five years notwithstanding these protections. The government invoked this provision in order to delay the effectiveness of the new reforms for 3 years.

Italy Charges Website Critical of Pope With Offending Catholicism

In Italy, an alternative media website was charged by prosecutors with causing offense to the Catholic religion. According to a report in The Age (Melbourne) published yesterday, the offending website published a photo montage of Pope Benedict XVI dressed in a Nazi uniform. Italian law imposes a jail sentence of up to one year for the offense. This charge comes only a few days after Italy's Constitutional Court invalidated laws imposing harsher penalties on those who slander Catholicism than on those who insult other religions.

Teacher Fired For Using Music Mentioning Jesus

The Pacific Justice Institute announced in a press release today that it is representing a dance teacher working for a California school district who was improperly fired. A staff member had complained that in her class, the dismissed teacher was using religious music that referenced Jesus. PJI said that along with secular music, the instructor had used a Latin rendition of J.S. Bach's Dona Nobis Pachem. She also used O Si Funi Mungu ("Praise God"), sung in Swahili with some interspersed English.

Book-Banning in Malaysia

An article carried today by the Inter Press Service News Agency reports on the monitoring, confiscation and banning of books by Malaysia's Home Ministry. Books which offer critical, controversial or alternative views of religion have been particularly targeted. But other books, such as ones critical of the government, have also been seized.

Md. Sex-Ed Program Challenged on Religion Grounds

In Rockville, Maryland yesterday, a parents' group known as Citizens for a Responsible Curriculum and another group, Parents and Friends of Ex-Gays and Gays, filed suit in federal court to enjoin the implementation of a pilot program in sex education. The challenged curriculum was slated for introduction in certain Montgomery County middle and high schools. According to a report in today's Washington Times, parents claim the new curriculum advocates homosexuality and ignores religious viewpoints. While students may opt out of the course, plaintiffs argue that exercising this option will unconstitutionally force individuals to declare their religious beliefs. Liberty Counsel, which represents plaintiffs in the law suit, has issued a press release with excerpts from the curriculum that objecting parents find particularly offensive.

May 5 Declared National Day of Prayer

As required by 36 USC Sec. 119, President Bush has issued a Presidential Proclamation declaring tomorrow a National Day of Prayer. In the Proclamation, the President asks citizens "to give thanks, each according to his or her own faith, for the liberty and blessings we have received and for God's continued guidance and protection".

Authorities Focus on FLDS Church in Southwest

NPR reported yesterday that authorities from Texas, Utah and Arizona have met secretly to decide how to deal with the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). FLDS members are considered one of the country's largest groups of polygamists. The Church teaches that each man should have at least three wives and as many children as possible. The religous group dominates the towns of Hildale, Utah and Colorado City, Arizona, and have recently created a new outpost in west Texas (see prior related post).

Authorities are concerned about sexual exploitation, domestic violence, and welfare and tax fraud. They also claim that payrolls of the public schools are padded with jobs for church members and that local police are controlled by the church. Members who question the church or its teachings are apparently exiled, and it is reported that their wives and children are reassigned to other church members.

Official Task Force to Investigate AF Academy Discrimination Problems

On the heels of widespread complaints (prior posts 1, 2) of religious harassment of non-Christians at the U.S. Air Force Academy, officials have appointed a Task Force to investigate the matter. Yahoo News reports this morning that a preliminary assessment is to be issued by May 23. The Air Force's official announcement lists six specific aspects of the problem that the Task Force is to address. Last week, American United for Separation of Church and State sent military officials a lengthy report on its investigation of the situation.

Drug Rehabilitation Program May Violate Prisoner's Rights

In a recent Delaware federal district court case, Munir v.Kearney, 2005 US Dist. LEXIS 7624 (D. Del., 4/29/2005) brought by a prisoner, the court ordered the parties to present more evidence on plaintiff's claim of religious freedom infrngement. Mansa Munir argued that completing an essay question assignment that was part of the prison's substance abuse rehabilitation program would violate his religious beliefs. The court asked for further evidence on whether plaintiff had alternative means of exercising his religious freedom and whether it would overy burden defendants to accommodate plaintiff through an alternative essay question.

Private Faith-Based Prison Proposed in Texas

County commissioners in Tom Green County in west Texas have approved a proposal to build a privately operated "faith based" prison. The proposed prison would would be run with a "Christian world view"to help rehabilitate inmates. According to a report in today's Fort Worth Star-Telegram, backers of the project will look to the Federal Bureau of Prisons and other states for contracts because Texas prison officials are uninterested in using the new prison.

Kazakhstan to Consider Restrictions on Unregistered Religions

The lower house of Kazakhstan's Parliament, the Majlis, tomorrow will likely consider a group of amendments that will impose sweping new restrictions on unregistered religious groups. According to today's report by Forum 18, the proposals ban unregistered religious groups and unapproved "missionary" activity, and call for government approval of religious literature and dress. As prior posts on the situation in Turkmenistan and Azerbaijan illustrate, similar issues are arising in many of the republics of the former Soviet Union.

Times Features Religion-Based Social Services

In a front-page story titled Hispanic Group Thrives on Faith and Federal Aid, today's New York Times profiles at length the largely successful work of Philadelphia's Nueva Esperanza Inc. Funded from the federal government's Compassion Capital fund, the group trains smaller social-service organizations around the country. The Times reports that the Compassion Capital fund spent $43 million last year on aid to religion-based social service groups.

DOJ Sues Under RLUIPA On Behalf of Chabad

Last week, the US Department of Justice filed suit against the city of Hollywood, Florida over its denial of a zoning variance to Chabad Lubvitch. The Hassidic Jewish group wants to use two adjacent homes in a residential neighborhood as a synagogue. This is only the second time the government itself has brought a suit over religious zoning discrimination under the 2000 Religious Land Use and Institutionalized Persons Act (RLUIPA). The Sun Sentinel reports today that city officials fear they will lose the case. A case challenging the constitutionality of RLUIPA as applied to prisoner rights is pending in the US Supreme Court.

Response to Yesterday's CLS Case Analysis

Two blogs yesterday commented thoughtfully on my analysis of the Christian Legal Society cases pending against various law schools. The responses help demonstrate the complexity of the issue in this controversy.

Joseph Knippenberg at NoLeftTurns says: “student body diversity is consistent with homogeneity in student groups, is it not? If so, then compelling student chapters of the CLS to be as "diverse" as the student body as a whole is not the "least restrictive means" of accomplishing the university’s end.”

At Southern Appeal, blogger QD makes a related argument: “absent a willingness on the part of the law schools to allow its diverse student body (and, perhaps, faculty) to associate as they see fit, isn't it much more likely that you'll end up with an ideologically homogeneous community? Isn't association (and exclusion) meant in part to allow us to develop our ideas and views with others with whom we share certain basic premises?”

It seems to me that at least a partial answer to both of these objections is to focus on the distinction between formal law school recognition of a student group and the broader question of the group’s right to exist free of general governmental regulation. A law school is making a statement about the atmosphere it wishes to foster, and the kind of student body it wishes to attract, when it prohibits discrimination on various bases. The law school is in a position similar to the organizers of the St. Patrick’s Day Parade in the 1995 Supreme Court case of Hurley v. Irish American Gay Group of Boston. There the forced presence of a gay group in the parade would have altered the expressive content of the parade. The presence of groups that discriminate on the basis of religion or sexual orientation in a law school forces the law school to alter the expressive content of its message to potential students.

On the other hand, there is an issue of balance. We presumably would not want to permit evangelical Christians to take over the Jewish Law Student Association or dyed-in-the-wool Socialists to take control of the student chapter of the Federalist Society. Is there a way to preserve groups from this kind of subversion while maintaining a climate of open access?

Nigerian Census Mired Over Religion Question

Nigeria is preparing for a census in 2005, but arrangements are mired in controversy. The Christian Association of Nigeria insists that religion (as well as tribe) be included in the census questionnaire before Christians will participate. AllAfrica reports yesterday that Nigeria's National Population Commission says that it is up to Nigerian President Obasanjo to present the question to the National Council of States. Only that body can order the questions included.

La. ACLU Seeks Contempt on School Prayer Settlement Violations

The ACLU of Louisiana today filed a motion in federal district court asking the judge to hold the School Board of Tangipahoa Parish (north of New Orleans) in civil contempt and to refer to prosecutors for possible criminal contempt charges a teacher, a principal and a school board member. According to a report today from the Tuscaloosa News, this is the third time in two months that the district has violated a settlement over school prayers.

Saudis Arrest Christians for Proselytizing

The New York Sun reports that Saudi authorities raided a clandestine Christian church in the suburbs of Riyadh eleven days ago and arrested 40 Pakistanis for proselytizing. This came just days before Crown Prince Abdullah visited the United States. It also follows the April 18 press release (noted in an earlier post) by the US Commission on International Religious Freedom urging State Department action against Saudi Arabia because of religious freedom violations.

Canadian Lawyers Claim Pending Gay Marriage Bill Threatens Clergy

In Canada, in February the government proposed a bill to legalize same-sex marriage (Bill C-38). Today LifeSite News reports on a letter to members of Parliament from a group of lawyers claiming that enactment will lead to litigation against religious officials and groups that refuse to solemnize same-sex marriages. Even though the proposed bill provides that "officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs", the lawyers claim that "the Parliament of Canada cannot protect religious groups or officials from [lawsuits] because the solemnization of marriage lies within the exclusive competence of the provinces."

Analysis-- The Christian Legal Society Cases

Last week, I posted a report on a decision in the Christian Legal Society's case against Hastings College of Law. Similar suits filed around the country are attempting to free CLS chapters from law school requirements that recognized student organizations not discriminate on the basis of religion or sexual orientation. Standards imposed by the American Bar Association for accreditation (Standard 210) may be seen as requiring schools (with some exceptions for religiously-affiliated schools) to have this kind of nondiscrimination provision.

Last week’s decision dealt with the easy issues. The law school’s anti-discrimination provisions survived the Lemon test and thus did not violate the Establishment Clause. They also survived equal protection and due process fair notice challenges. The hard issues remain. To what extent do First Amendment free exercise and freedom of association provisions protect the CLS from interference when it requires anyone seeking to become a member to subscribe to its Statement of Faith?

My analysis of the issues comes not just from the opinion in last week’s case, but also from examining the Complaints in this and other similar suits, many of which are available through the CLS website.

CLS interprets its Statement of Faith as prohibiting not just homosexual conduct, but heterosexual relationships outside of marriage as well. CLS allows anyone to attend CLS activities and meetings. Adherence to the Statement of Faith is required only for the additional step of becoming a full member. Also, CLS permits full membership for those who have engaged in non-marital sex, but have repented of the conduct, or those who have “inclinations” to do so, but do not.

At stake here are conflicting lines of U.S. Supreme Court authority. The 2000 decision in Boy Scouts of America v. Dale refused to permit New Jersey to apply its public accommodations law to the Boy Scouts, who refused membership to gays. New Jersey’s interests in prohibiting discrimination against gays did not justify the severe intrusion on the Boy Scouts' freedom of expressive association.

On the other hand, in the 2003 case of Grutter v. Bollinger, the Supreme Court deferred to the University of Michigan Law School’s determination that diversity is essential to its educational mission. It found that student body diversity was a compelling state interest that even permitted the use of race in making admission decisions. Of course Grutter also held that any use of race had to be narrowly tailored to meet the goal of diversity.

How do these apply to the CLS cases? Certainly CLS is engaged in expressive association. But compelling interests can outweigh the right of association. The Supreme Court held that in the 1983 case of Bob Jones University v. United States. The compelling national interest in eradicating racial discrimination permitted the Internal Revenue Service to deny Section 501(c)(3) (non-profit tax treatment) status to colleges that discriminated on racial grounds because of religious doctrine. Is student body diversity, an aspect of academic freedom, just as compelling as the interest in eradicating racial discrimination? If so, law schools would be able to do what broader state governmental units, like the state of New Jersey in Boy Scouts, cannot do.

Egypt Noise Pollution Move Raises Ire of Conservative Muslims

There is a raging dispute in Cairo, Egypt over an order issued last September by the Ministry of Religious Endowments. To reduce the noise caused by prayer calls from some 4000 separate mosques, the Minister ordered that a single centralized prayer call be broadcast. Today Egypt Election Daily News reports that despite the ear-splitting noise that emanates from the many mosques, the move is suspected by some as being in fact an attempt to stifle more conservative imams. Despite strong government denials, they see this as an attack on the individuality of various mosques and a prelude to the imposition of a uniform government-approved Friday sermon. Others claim that this will add to Egypt's unemployment problems by throwing many muzzeins out of work. The paper reports that "one conservative imam has argued that "technologising" the call to prayer will start the nation down an ungodly path that will one day terminate with people bowing down before TV sets tuned to pictures of Mecca".

Utah's Religious Land Use Law Takes Effect

The Deseret Morning News reports that among the 233 new Utah laws that take effect on Monday is the Utah Religious Land Use Act, nicknamed the "steeple act". It requires that state and local governments have a compelling interest before they can use zoning or other land use laws to impose a substantial burden on the free exercise of religion. Even with a compelling interest, the government must use the least restrictive means available to further their interest. However, the government need not prove separately that the remedy and penalty provisions of its land use law are the least restrictive means to ensure compliance. Also the bill explicitly permits local governments to impose costs and fees reasonably necessary to mitigate the off-site impacts of development. The bill will likely have the effect of allowing churches to be built in areas zoned as residential.

Kansas to Consider Changes in Teaching Evolution

In a repeat of what has been seen in several other states, Kansas is gearing up for hearings starting this week (May 5-7 and 12-14) on its standards for teaching of science in the public schools. At issue is the questioning of evolution. An April 30 report by the Kansas City Star focuses on a UMKC professor of medicine, Bill Harris, who is the central proponent of introducing Intelligent Design into the classroom. A website, Kansas Science Standards 2005, links to all of the primary source material relating to the proposed changes.

Religious Objections to Minn. Concealed Carry Law

In an April 12 case, Unity Church of St. Paul v. State, the Minnesota Court of Appeals avoided deciding an interesting state constitutional claim. It was raised in a challenge to Minnesota's law requiring sheriffs to issue permits for the concealed carrying of handguns to qualified applicants. Various churches, committed to principles of non-violence and peace, claimed that the law violated the Freedom of Conscience clause of the Minnesota Constitution. The law permitted handguns to be carried into churches unless the church posted conspicuous signs banning guns and verbally demanded compliance. The court struck down the Minnesota Citizens' Personal Protection Act on the basis of the state constitution's "single subject rule" and thereby avoided getting to the Freedom of Conscience claim.

Prisoner Claims of Denial of Bibles Rejected

In two separate cases decided this past week, federal courts have rejected prisoners' claims that denying them access to Bibles violated their Free Exercise rights. In Dye v. Kingston, decided April 27, the US Seventh Circuit Court of Appeals held that the prisoner failed to give officials adequate notice that he was asserting a constitutional claim in his letters protesting the fact that various items, including his Bibles, had been lost when he was transferred to a different prison.

In Sexton v. McBride, 2005 US Dist. LEXIS 7305 (4/25/2005) an Indiana federal district court ruled that denial of access to a Bible during the 30 days a prisoner was held in a strip cell and a holding cell did not violate his Free Exercise rights. Such deprivations were reasonable security measures in a segregation unit.

Initial Decision in Cal. Case on Classroom Materials

An initial ruling has been issued in a dispute between a California elementary school teacher and his principal over the religious nature of discussions and material used in the classroom by the teacher. The case has provoked a good deal of attention because some of the materials at issue, while religious in their theme, were excerpts from state constitutions or from historical documents from the country's founding era. The teacher, Stephen J. Williams, claims that the school has treated him differently than other teachers because of his Christian beliefs.

The court permitted the teacher to proceed with an equal protection claim regarding his lesson plans and supplemental handouts that contain religious expression. However, the court dismissed William's free speech, due process and establishment clause claims. Among other things, the court held that Williams has no free speech claim so long as the restrictions imposed on him reasonably related to legitimate pedagogical concerns. The Alliance Defense Fund issued a press release announcing the decision. The full opinion of the California Federal District Court in the case, Williams v. Vidmar, is available online.

Church's Challenge to Eminent Domain Rejected

Demonstrating the seemingly endless supply of religious land use disputes, another brief opinion was handed down last week. In Matter of Faith Temple Church v. Town of Brighton, (NY Sup. Ct. Appellate Division, April 29, 2005) rejected a Church claim that the taking of a parcel of property that the church had contracted to purchase violated its First Amendment Free Exercise rights.

New Book on Extreme Shari'a Law

The Washington DC based Center for Religious Freedom at Freedom House has announced the publication of a new book edited by Senior Fellow Paul Marshall. The book, Radical Islam's Rules: The Worldwide Spread of Extreme Shari'a Law, is published by Rowman and Littlefield. It focuses on the threat to human rights and democracy of national legal systems based on an extreme version of Islamic law.

Authors Challenge Constitutionality of Charitable Choice Bill

Findlaw today carried an interesting analysis of the provisions in H.R. 27, the "Charitable Choice" bill that passed the US House of Representatives last month. The bill would permit religious organizations receiving federal funding for social welfare programs to discriminate on the basis of religion in staffing the programs. The authors argue that this violates the Establishment Clause.

Italian Court Invalidates Differential Penalties for Slander of Catholicism

Italy's constitutional court ruled today that people who slander the Catholic faith cannot be given harsher penalties than those who slander other recognized religions. This ruling invalidates the differential punishments currently found in Articles 403 and 406 of the Italian Penal Code. AKI reports today from Rome that the ruling was based on a provision in Italy's Constitution that assures equality before the law to all citizens without regard to religion. The ruling came in the case of a controversial Italian Muslim activist, Adel Smith.

Texas Financial Audit Proposal May Impact Some Religious Ministries

The Baptist Standard reports today on a bill pending in the Texas legislature (H.B. 3417) designed to impose new accounting requirements on charitable organizations. If enacted, the law which will require annual financial audits of many larger non-profits, and more elaborate unaudited statements from others, will apply to some religious groups. While it exempts schools and places of worship where regular services are held, the bill's requirements will probably apply to separate entites created by churches to carry out community ministries, claims an official of the Baptist General Convention.

Ontario Priest Asks to Have Wine Permitted at Jail Mass

In Petersborough, Ontario, a Catholic priest is seeking changes in regulations prohibiting alcoholic beverages into the Central East Correctional Center so that he can use wine during Catholic mass held there for prisoners. A report published today by myKawartha.com indicates that jail officials are sympathetic to Father Sercely's request.

Liberty Legal and the DOJ

An article in today's Texas Lawyer explores the success of the Liberty Legal Institute in getting attention from the US Department of Justice Civil Rights Division for its clients' free exercise of religion claims. The article also reviews at length the present status of Liberty Legal's claim against the Plano Texas Independent School District. The controversy stems for an incident in which a public school prohibited a third-grader from distributing candy cane pens bearing a religious message at a class party.

1st Amendment Challenge to DUI Blood Test Rejected

In Helt v. Trainer Police Dept. K9, 2005 U.S. Dist. LEXIS 7293 (ED Pa, April 26, 2005), the court dismissed as frivolous plaintiff's claim that blood testing during his DUI arrests violated his constitutional right to free exercise of religion.

New Mississippi Law Permts Religious Displays In Public Buildings

In Mississippi, the governor has signed SB 2486 permitting the display of "In God We Trust" and the Ten Commandments, or the Beatitudes (the blessings opening Jesus' Sermon on the Mount) and the Ten Commandments in all public buildings. The Daily Missippian Reports today on the signing and on the mixed reaction of University of Mississippi Students to the new law.

Oral Arguments in Mo. Baptist Convention Appeal Over Control of Assets

Yesterday Baptist Press reported on the April 20 oral arguments in the Missouri Court of Appeals in a case that pits the Missouri Baptist Convention against five breakaway entities in a battle over who will control $240+ million in assets. The current round of arguments focused on who should represent the Missouri Baptist Convention in the litigation-- the churches or the delegates ("messengers") to the annual Convention. One of the breakaway entities, the Windermere Baptist Conference Center, controls a large retreat facility in the Ozark Mountains. The "messengers" wish to stop a large construction project underway there.

Hastings Law School Wins First Round In Challenge By Christian Legal Society

Recently a California federal district court decided Christian Legal Society v. Kane, 2005 WL 850864 (N.D. Cal., 4/12/2005). The case rejects some of the constitutional claims asserted by the Hastings Christian Fellowship (HCF) against the San Francisco-based Hastings Law School.

Part of a number of similar suits around the country brought by law-school affiliates of the Christian Legal Society, HCF seeks the right to be recognized as a student organization even though gay and lesbian students are denied membership in the organization. HCF requires all members to agree to a Statement of Faith that it interprets as prohibiting sexual conduct between members of the same sex. The Gay City News reports today on Judge Jeffrey S. White's opinion that upholds the law school's non-discrimination policy against Establishment Clause, Due Proces and Equal Protection Clause attacks. Still pending are HCF's claims that the Free Exercise Clause protects it in its furtherance of its religious beliefs about Christianity and homosexuality.

Watch for more analysis of this case on Religion Clause in postings early next week.

American Christian Proselytizers Arrested In Malaysia

CNSNews reports today that two Americans have been arrested by Malaysian police for distributing Christian pamphlets to Muslims outside a mosque in the country's administrative capital. They remain in custody and are charged with violating Sec. 298(a) of the Malaysian Penal Code. That section prohibits causing "disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing ... the maintenance of harmony or unity on grounds of religion." If convicted, they could be sentenced to prison for 2 to 5 years. Malaysia's Constitution recognizes Islam as the official religion, but permits the practice of other religions "in peace and harmony".

Scientologists Win Court Battle in Germany

In Germany yesterday, Saarland's Higher Administrative Court ruled that the Federal Office for the Protection of the Consititution (BfV) may no longer monitor activities of members of Saarland's Scientology movement. Today's report on the case by DW-World.De points out that Germany has a history of strained relations with Scientology. The judge held that since there are only 20 members of the Scientology movement in Saarland, the government's monitoring was a disproportionate in relation to government objectives.

Congressional Testimony on China's Repression of Uighurs

Officials of Human Rights Watch testified yesterday before the Congressional Human Rights Caucus on the little-known repression of the mostly Muslim Uighurs in the Chinese Region of Xinjiang. China is particularly focusing on reforming the thinking of Imams and preventing students from receiving education in religion or practicing Islam. The testimony summarizes a longer report that was issued by Human Rights Watch on April 12.

Roy Moore's 10 Commandments Have New Church Home

The Tuscaloosa News reported yesterday on a new home for a famous Monument to the Ten Commandments. The controversial display that was originally installed by Alabama Supreme Court Chief Justice Roy Moore in the lobby of the State Judicial Building will now be housed at CrossPoint Community Southern Baptist Church in Gadsden, Alabama. The 5280 pound monument will be placed in the church's gathering room outside its new sanctuary. In a long legal battle beginning in 2001, Moore was ordered by courts to take down the monument; he refused; and ultimately he was removed from office.

Muslim Prisoner's Free Exercise Challenges Rejected

In McRoy v. Cook County Department of Corrections, 2005 U.S. Dist. LEXIS 7082(Subscription Required), decided April 19, the US Federal District Court for the Northern District of Illinois rejected a Muslim prisoner’s claims that his Free Exercise rights were being unconstitutionally infringed. James McRoy challenged cancellations and limitations on Muslim services, strip-searches of inmates attending Muslim services, required pre-approval of religious publications and the absence of a Muslim-only living unit. The court found that prison officials’ conduct met the test set out in the 1987 US Supreme Court case of Turner v. Safley.

Newly Published Law Review Articles

SmartCILP dated April 29 lists two newly-published articles of interest:

Paul Finkelman's, The Ten Commandments on the Courthouse Lawn and Elsewhere, 73 Fordham Law Review 1477-1520 (2005). A pre-publication draft is available online.

Kent Greenawalt's review of Philip Hamburger's "Separation of Church and State", History as Ideology, 93 California Law Review 367-396 (2005), avialable on Lexis and Westlaw (subscriptions required).

Ohio ACLU Challenges "Choose Life" License Plates

The ACLU of Ohio today filed suit challenging Ohio's plans to offer a "Choose Life" license plate for sale to motorists without offering a similar pro-choice plate. The suit was brought on behalf of NARAL Pro-Choice Ohio and three individuals. In its full complaint, the ACLU alleges that in enacting SB 156, the state legislature engaged in viewpoint discrimination that violates plaintiffs' free expression rights. Along with its complaint, the ACLU filed a motion for a preliminary injunction to prevent the state from implementing the law which is scheduled to go into effect on May 18, 2005. The complaint does not allege an establishment clause claim.

Church-State Journal's New Issue

The Winter 2005 issue of the Journal of Church and State appeared earlier this month. While many of its articles are available only in hard copy or on Westlaw (subscription required), the Table of Contents and selected features from the issue are available online.

French Court Orders Blocking of US-Based Anti-Semitic Website

On April 20, a French court ordered Planet.com, a U.S. web-hosting company, to block any French access to an anti-Semitic website hosted on Planet's server. The site is AAARGH, an acronym in French for the Association of Veterans Fans of Stories About Wars and Holocausts. Today's BNA Electronic Commerce & Law Report (subscription required) reports on this decision under France's Law on Confidence in the Digital Economy (Law 2004-575, June 21, 2004). The court's opinion in French is available online.

Constitutional Objections to Good Friday Government Closings in Wisconsin

Beloit, Edgerton and Rock County, Wisconsin all closed some of their public offices on Good Friday this year. The Freedom From Religion Foundation is sending letters to each governmental entity challenging the constitutionality of recognizing Good Friday as an official holiday. In response to these objections, some of the governmental units are making changes to their policies, reports the Janesville GazetteXtra today.

Religious Freedom Issues In Azerbaijan

Free exercise problems in republics of the Former Soviet Union continue (see previous posting.) Now in Azerbaijan, Forum 18 reports, a Jehovahs Witness meeting was broken up as illegal because the religious community was not registered with the government.

Israel Government Faces Gaza Synagogue Problem

Synagogue-state relationships have always been complex in Israel. A new problem faced by the government is what to do with synagogues and cemeteries in the Gaza Strip and the four northern West Bank Settlements to be evacuated this summer. Originally it planned to move them. This is still the case for cemeteries. But Haaretz reports this morning that the Ministry of Defense now plans to take only parts of the synagogues to incorporate into new ones that will be built for the evacuees in their new homes. Said a Defense Ministry official, "Israel will have no choice but to destroy most of the synagogues and ritual baths in the settlements slated to be evacuated, to avoid the possibility of Palestinians desecrating them." (See earlier related post .)

Establishment Clause Challenge to Federal Funding of Alaska Christian College

A taxpayer suit was filed last week (April 22) in Wisconsin Federal District Court challenging under the Establishment Clause federal funding of Alaska Christian College. The suit was brought against the US Department of Education. The full complaint alleges that $1 million in federal funds provided in the past two years constitutes half of the religious school's annual operating budget.

Propopsed Texas Law Aims at Church Promoting Polygamy

An AP dispatch carried by the Kansas City Star reports that a bill has been introduced into the Texas legislature to raise the age of consent for marriage from 14 to 16 and outlaw stepparents from marrying stepchildren. The bill is HB 3006, introduced by Rep. Harvey Hildebran. It is apparently aimed at the Fundamentalist Church of Jesus Christ of Latter Day Saints that has built a facility in West Texas near Eldorado. Members of the sect practice polygamy, cannot speak to nonmembers, and may not access outside media.

Victoria Religious Tolerance Act in News Again

The controversial Racial and Religious Tolerance Act enacted in 2002 by the Australian state of Victoria has just become more controversial. CNSNews.com reports Monday that a prison inmate serving a sentence for sexually abusing two teenagers charges in a new suit that a course offered in the prison on the basics of Christianity endangers his health and safety. The prisoner, Robin Fletcher, describes himself as a "witch" and objects to the treatment of witchcraft in the program offered by Salvation Army chaplains.

Sen. Frist's Full Remarks For FRC Telecast

After all the furor I noted in a previous posting , you can now read and hear US Senator Bill Frist's full remarks from Sunday's telecast sponsored by the Family Research Council. Sen. Frist is Senate Majority Leader and a Republican from Tennessee. The program was directed at Democratic threats to fillibuster some of President Bush's judicial nominees. While clearly criticizing Democrtaic attempts to prevent a vote on nominees, nevertheless Senator Frist attempted to be concliatory in his approach, saying:

"All of us who are active in politics -- whether Republican or Democrat -- need to remember the lesson of Ronald Reagan -- that we can disagree without being disagreeable. ...

"When we think judicial decisions are outside mainstream American values, we will say so. But we must also be clear that the balance of power among all three branches requires respect – not retaliation. I won’t go along with that. "

AF Academy Requires Religious Tolerance Class

Following up last week's posting on religious harassment of students at the US Air Force Academy, the Los Angeles Times reported on Sunday that a 50 minute class on "Respecting the Spiritual Values of All People" is being required of all cadets and military personnel at the Academy.

Expulsion of Sikh Students in France Upheld Under 2004 Law

On April 19, a French administrative court near Paris upheld the expulsion of three Sikh school students for wearing turbans in violation of last year's much-discussed French law banning the wearing of "conspicuous" symbols and religious attire in public schools. The lawyer for the students argued that the expulsion violated the French Constitution and Article 9 of the European Convention on Human Rights that permits interference with religious practice only on grounds of public safety, order, health, morals or the protection of others. A report by the United Sikhs organization inndicates that many private schools are also voluntarily implementing the legal ban that formally applies only to public schools.

In a related case, reported in the same Panthic Weekly article, another Sikh in France is suing for permission to wear his turban in his passport and ID-card photos.

Washington Supreme Court OK's NA as Community Service

In State v. Law, decided by the Washington Supreme Court on April 21, the Court held that defendant's work for Narcotics Anonymous as part of a community service alternative sentence did not violate the Establishment Clause since the choice of NA was not compulsory. See court's fn. 20. The dissent agreed with the majority on this issue in the case.

A Long Weekend Without Blog Posts

POSTS WILL RESUME EARLY TUESDAY MORNING AND WILL REVIEW DEVELOPMENTS OVER THE WEEK END.

A sincere thank you to everyone who has made the first week of Religion Clause so successful. During this brief pause in my blogging, I invite you to let me know what you like or dislike about the coverage or approach of Religion Clause. You can do this either by Commenting to this post, or e-mailing me by clicking on the sidebar e-mail link.

Happy Passover!

5 Protestant Groups Granted Recognition by Turkmenistan

Forum 18 reports from Turkmenistan that, under international pressure, five Protestant churches are being granted registration. They join the Bahais, Baptists, Hare Krishna and Adventists who were registered last year. Unregistered religious activity in the country is illegal. The newly-approved religious communities are the Church of Christ, the Full Gospel Pentecostal Church in Ashgabad, Light of the East Pentecostal Church in the northern city of Dashoguz, and the New Apostolic Church in Ashgabad. Even registered religous groups continue to face various restrictions on their activities.

Workplace Religious Freedom Act

Last month, the Workplace Religious Freedom Act was introduced in both the US House (HR 1445) and Senate (S 677). The bill, which has broad bipartisan support, would increase the requirements for accommodating an employee's practice of his or her religious beliefs on the job. However, an article in the Gay City News this week argues that the bill could limit the access to health care by gays and women and could otherwise lead to workplace harassment of gays and lesbians.

Reverse Scopes Trial Possible In Michigan

The evolution-in-the-classroom debate has taken a new twist in Michigan. In the Gull Lake Community School District (west of Ann Arbor), the superintendent has ordered seventh grade science teachers to teach Darwin, and has confiscated 30 copies of a book that two teachers were using as supplemental texts to include the theory of Intelligent Design into their classrooms. In response, the Thomas Moore Law Center on April 14 sent a six-page letter to the school board asking that the books be returned to the classroom and that the teachers be permitted to teach Intelligent Design as they had done for two years.

The letter claims that Intelligent Design is different from Creationism, and that removal of the books violates teachers' academic freedom and students' First Amendment rights to receive information. The books at issue, which the Gull Lake School Board itself had previously purchased, is Pandas and People.

President Sends Passover Greetings

Earlier this week (Tues), President Bush sent Passover greetings to the Jewish community. The President's Passover Message said that the timeless Passover story "reminds us that even in the face of struggle, hope endures." Passover begins at sundown on Saturday, April 23.

Churches and Election Years

For politicians, it is never too early to think about the next election. So attorneys representing churches and similar groups might also look ahead. Steven Sholk's A Guide To Election Year Activities of Section 501(c)(3) Organizations , revised last year, is available online from Ohio State University's excellent Election Law site.

Israeli Pullout Moved in Deference to Religious Law

Religion impacts government policies in surprising ways. Haaretz reports that Israeli Defense Minister Shaul Mofaz will recommend delaying Israel's withdrawal from Gaza until August 15. It was originally planned for July 20, but that was just before the beginning of a religious three-week period of mourning leading up to Tisha B'av, the commemoration of the destruction of the First and Second Jewish Temples in 586 B.C.E. and 70 C.E. Jewish religious law prohibits moving to new homes during that three week period.

Suit Alleges US Citizens Targeted by DHS for Attending Religious Conference

In simultaneous news conferences yesterday, the New York Civil Liberties Union, the American Civil Liberties Union and the Council on American-Islamic Relations announced a suit against the U.S. Department of Homeland Security on behalf of five Muslim-Americans who, along with dozens of other attendees, were detained, interrogated, fingerprinted and photographed on their return into the US from a religious conference in Toronto, Canada. The full complaint in the lawsuit alleges that plaintiffs were targeted solely because they had attended the Reviving Islamic Spirit Conference, a mainstream cultural and religious conference organized by college students. It is the largest Islamic conference in Canada and advocates peace, tolerance and unity. The complaint charges that these practices violated the plaintiffs' First Amendment free speech, assembly and free exercise rights as well as their Fourth Amendment right to be free from unreasonable searches and seizures and their rights under the Religious Freedom Restoration Act.

Religion In East Timor Schools

In East Timor, thousands rallied to demand compulsory classes on Catholicism, Protestantism and Islam in public schools, the BBC reported yesterday. Last February the government decided that religious classes would be offered to students only on a voluntary basis.

Forthcoming Mich. L. Rev. Article

Prof. Jessie Hill of Case Western Reserve Law School last month posted a forthcoming article on SSRN entitled Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test . The article will appear in Volume 104 of Michigan Law Review.

Hearings on Unregistered Religious Groups in Russia

On April 14, the United States Helsinki Commission, a government agency charged with monitoring and encouraging compliance with the Helsinki Final Act, held extensive hearings on Unregistered Religious Groups In Russia. The full text of testimony in the hearings is now available. The hearings are timely since President Bush will meet with Russian President Vladimir Putin in Moscow next month.

Religious Discrimination at Air Force Academy

The AP reports there have been 55 complaints of religious discrimination by Air Force Academy cadets in the past four years. They charge that an overwhelmingly Christian student body and staff have regularly promoted Christianity and made harassing remarks to non-Christian cadets. For example, a Jewish student complained that a fellow-cadet told him the Holocaust was revenge for the death of Jesus. Also cadets allege that staff promote an atmosphere of endorsement for Christianity through their public statements including Christmas ads in the official Academy newspaper declaring Jesus the only savior.

US Commission Concerned About Religious Freedom in Saudi Arabia, Vietnam, Eritrea

This week (April 18), in a press release United States Commission on International Religious Freedom expressed concern that the US State Department has not yet taken specific policy actions against three countries-- Saudi Arabia, Vietnam and Eritrea-- for their systematic violations of religious freedom. They had previously been designated as "countries of particular concern". The deadline under the International Religious Freedom Act of 1998 for taking action passed a month ago. In February, the Commission had recommended specific steps that should be taken.

In a strong statement, the Commission chair said: “These persistent delays in the process serve only to signal that the United States does not take seriously IRFA’s stated—and mandated—commitments to promote religious freedom and other human rights throughout the world.”

Religious Land Use An Issue In Germany Too

In the United States, RLUIPA was in part a response to zoning restrictions and other obstacles faced by houses of worship. It appears that similar problems are now surfacing in Germany. Construction of Berlin's new Grand Mosque has been on hold since January. According to a report by AKI, now a German court has ruled that the Mosque must guarantee local residents that construction will not damage their property. In other German cities, Moslem groups have also been denied building permits. The opposition Christian Democratic Union is pressing for additional kinds of restrictions to deal with national security problems they say are posed by "Islamic extremists".

President Congratulates New Pope

On the South Lawn of the White House this afternoon, President Bush congratulated Pope Benedict XVI. He described the new Pope as "a man of great wisdom and knowledge" and as "a man who serves the Lord".

UN Opposes Religious Defamation

Last week (April 12), the United Nations Commission on Human Rights adopted a resolution opposing defamation of religions. The resolution focused on stereotyping of Islam. The United States was one of 16 nations voting against the resolution. Explaining its vote, the US objected that the resolution did not deal more broadly with defamation of other religions as well, or with the misuse of the media and educational systems in this regard.

New Article on RLUIPA & Cutter Argument Transcript

In time for the decision by the US Supreme Court later this term on the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000, the Harvard Journal of Law and Public Policy has published an article by Derek L. Gaubatz entitled RLUIPA At Four: Evaluating the Success and Constitutionality of RLUIPA's Prisoner Provisions.

In addition, the transcript is now available of the oral argument in the Supreme Court in the RLUIPA case, Cutter v. Wilkinson.

Supreme Court Grants Cert. on Sacramental Use of Tea Containing Controlled Substance

Today the U.S. Supreme Court agreed to review a divided en banc decision of the 10th Circuit Court of Appeals in a case brought by O Centro Espirita Beneficiente Unial Do Vegetal seeking a preliminary injunction to allow it to import hoasca for sacramental use. Plaintiffs sought an injunction against the United States under the Religious Freedom Restoration Act, a statute that was previously invalidated as it applied to states, but is still valid as it applies to the federal government. The 10th Circuit en banc came to the same final result as an earlier decision by a divided 3-judge panel, all agreeing that a preliminary injunction should be granted. The Supreme Court will hear arguments in the case in its next term that begins in October 2005.