House Resolution Marks Today's Anniversary of 9-11

The House of Representatives on Wednesday marked today's anniversary of the 9/11 terrorist attacks by passing H. Res. 722 by a vote of 416-yes; 0-no; 18-not voting. The Resolution mourns and remembers those killed on that day. It also: "asserts, in the strongest possible terms, that the fight against terrorism is not a war on any nation, any people, or any faith," and "calls on all Americans to renew their devotion to the universal ideals that make the Nation great: freedom, pluralism, equality, and the rule of law."

CNN reports on other major events that will take place today to mark the anniversary-- memorial services in New York, Washington and Pennsylvania and a moment of silence at 8:46 a.m. (the time the first hijacked plane hit the World Trade Center) led by President Obama, Michelle Obama and White House staff on the South Lawn of the White House

Appeal To Utah Supreme Court Filed By FLDS In Trust Reformation Case

Yesterday's Salt Lake Tribune reports that five members of the FLDS Church, including two of its bishops, have asked the Utah Supreme Court to review a trial court ruling that refused to permit them to intervene in proceedings brought by Utah's Attorney General to reform the United Effort Plan trust. The trust holds lands of church members in Hildale, Utah; Colorado City, Ariz., and Bountiful, British Columbia. In In the Matter of the United Effort Plan Trust, trial court Judge Denise Lindberg held that potential beneficiaries of charitable trusts do not have a legally cognizable interest that permits them to assert claims. (See prior posting.) The petition for review, filed last month, argues that church members have an interest in the matter distinct from the public at large represented by the attorneys general of Utah and Arizona.

Ramdadan Brings Arrests For Eating In Egypt; Ridicule of Bachelors In Nigeria

For the first time this year, Egypt's Ministry of Interior has begun arresting those caught eating or drinking in public during Ramadan. Al Arabiya reported Wednesday that in the governorate of Aswan, 150 Egyptians were charged with the misdemeanor of publicly breaking the fast. Many others were arrested in the Red Sea resort town of Hurghada where the governor ordered all restaurants closed during the day. Human rights groups criticized the arrests. One lawyer also said that the ban on eating "in public" might not cover those eating in a restaurant or cafe, since they are a closed place not seen by everyone.

Meanwhile Al Arabiya yesterday reported on a rather unusual Ramadan activity in Nigeria that apparently has received official sanction. The country's mainly-Muslim city of Kano each Ramadan holds a carnival title "kamun gwauro" (meaning "bachelor catch" in the local Hausa language). The hereditary Nalako (bachelors' hunter), wearing amulets, an animal skin, woven shirt and cap wanders around the city with a noose looking for unmarried men. Bachelors who are found are paraded around with singing and drumming and are forced to dance and sing a "bachelor song" to embarrass them into taking a wife.

Admissions Criteria of British Jewish School Bend After Court Decision

Yesterday's London Jewish Chronicle reports that for the first time London's Jewish Free School has admitted a student who was not considered Jewish under Orthodox religious law as interpreted by the Office of Britain's Chief Rabbi. The student's mother was converted to Judaism by a rabbi from one of the non-Orthodox movements in Judaism. Earlier this year, Britain's Court of Appeal ruled that the school's traditional admission criteria amounted to unlawful racial discrimination, and said that publicly supported Jewish schools could favor Jewish students only if they base their selections on a student's faith, and not his or her ethnicity. (See prior posting.) The case is being appealed. (See prior posting.) Apparently the decision to admit this student was made after the student's parents appealed to an independent panel of the Brent Council, which is the school’s local authority. Unless the Court of Appeal decision is overturned, beginning next year Jewish schools will have to rewrite their admissions policies. Britain's United Synagogue says that parents who will need certificates of synagogue attendance for their children to show their Jewish faith should register at their local synagogue by next week. [Thanks to Rabbi Michael Simon for the lead.]

Chabad Group Sues Connecticut Town Over Zoning Refusal

Yesterday's Litchfield County (CT) Times reports that a RLUIPA lawsuit was filed in federal district court in Connecticut on Wednesday by Chabad Lubavitch of Litchfield County and its rabbi, Joseph Eisenbach, challenging the refusal by the town of Litchfield to allow Chabad to restore and add onto a Victorian house on the edge of the town's Historic District. Chabad wants to use the building as a synagogue, community center and classrooms. The proposed 21,000 square foot renovation would also contain living quarters for the rabbi, his family and guests, a mikveh, kitchens, offices and a swimming pool. (See prior posting.) The Historic District Commission says the size of the building would have overwhelmed the town's central historic district. But the lawsuit says that the zoning denial was motivated in large part by anti-Hasidic animus as reflected in a number of public statements by officials. The Hartford Courant says: "The lawsuit raises the specter of one of the most scenic villages in this wealthy state being accused of using its strict architectural standards to help it violate a group's right to practice its religion."

Britain Appoints First Jewish Civilian Chaplain For Military Forces

Britain's Ministry of Defence announced Tuesday that Rabbi Arnold Saunders has been appointed the first Jewish Civilian Chaplain to the British military. He will be responsible for serving Jewish personnel in all three branches of the military services. The Ministry says that some 130 Jewish personnel currently serve in the British armed forces, while other reports put the number at around 200. The British military in recent years has appointed only Christian chaplains as part of the regular Chaplains' corps, though the Jewish community has appointed an honorary chaplain and Jewish chaplains serve in the Territorial Army (the reserves). In 2005, the military appointed civilian chaplains to serve Buddhist, Muslim, Hindu and Sikh members of the armed forces. (Background). YNet News has more on Rabbi Saunders appointment. [Thanks to Joel Katz (Relig & State in Israel) for the lead.]

Plea Deal Entered In Charges of Importation of Monkey Parts

Yesterday's Staten Island (NY) Advance reports that a plea deal in federal court in New York brings to a conclusion the 3-year old case against Liberian native Mamie Manneh who had been charged with importing parts of endangered African primates without the permit required by the Convention on International Trade in Endangered Species and failing to disclose to border officials the true nature of the product she was importing. In a decision last year, the court rejected Manneh's free exercise defense to the charges, concluding that her religious claims were not sincere. (See prior posting.) On Tuesday, Manneh pled guilty to smuggling illegal monkey parts ("bushmeat") into the U.S. Manneh has been on parole since last October in an unrelated case in which she was convicted of running over her husband's girlfriend in a parking lot.

Suit Challenges Mississippi's Use of Religious Themes In Abstinence Teen Summits

The ACLU of Mississippi yesterday announced that it has filed a federal lawsuit seeking to end religious messages that are part of state-sponsored and state-funded "abstinence-only-until-marriage" programs. The complaint (full text) in Robinson v. Thompson, (SD MI, filed 9/9/2009), alleges that an annual teen summit held by the state to promote National Teen Pregnancy Prevention Month has featured Christian prayer, religious themes and overtly Christian comments as part of speakers' presentations. For example, this year's Summit featured a lengthy presentation about the Ten Commandments from Adams County (MS) Court Judge John N. Hudson. The lawsuit seeks a declaratory judgment that these practices violate the Establishment Clause, an injunction and a return to the federal government of any federal funds used to pay for the annual teen summits.

Finland Convicts City Council Member for Anti-Islam Blog Posting

A trial court in Helsinki, Finland has convicted Jussi Halla-aho, a member of Helsinki's City Council, of violating the sanctity of religion through an anti-Islamic posting on his blog last June. Today's Helsingin Sanomat reports that the court fined Halla-aho 330 Euros. The posting at issue claimed that Islam sanctifies pedophilia and that the Prophet Muhammad was a pedophile because he had an underage wife. The court however acquitted Halla-aho of another charge of incitement against an ethnic group, finding that an anti-Somali posting was an attempt at satire. Halla-aho-- who commented on his sentence and repeated his statements on an Internet bulletin board-- plans to appeal.

Muslim Prayer Rally Planned For D.C.; Some Christians Object

A New Jersey mosque is organizing a national prayer rally in Washington, DC on Sept. 25. Hassen Abdellah, president of Dar-ul-Islam mosque, expects 50,000, mostly Muslims, from around the country to attend the event on Capitol Hill whose focus will be a Friday prayer service at 1:00 p.m. Organizers though have a permit for access to the West Front of the Capital for the full day. Reporting last week on the planned event, the Newark Star-Ledger says that the event is not political. Abdellah says: "This is not a protest. Never has the Islamic community prayed on Capitol Hill for the soul of America. We're Americans. We need to change the face of Islam so people don't feel every Muslim believes America is 'the great Satan,' because we love America."

Apparently some Christians are objecting to the planned Muslim rally. Charisma Magazine yesterday reported on an e-mail circulating virally on the Internet from Mosy Madugba, head of Spiritual Life Outreach in Port Harcourt, Nigeria, calling for Christians to use prayer to oppose Islam's growing influence in the U.S. He ask Christians to fast from midnight on Sept. 25 until the Muslim prayer event ends at 7:00 p.m. His letter says in part: "It is warfare time. Do not joke with this. If Christians fail to frustrate this game plan in the spirit, you will regret the outcome."

Poll On Views of Religious Similarities and Religious Discrimination Released

The Pew Forum yesterday released a poll of Americans' views of religious similarities and differences. 65% of those surveyed say that Islam is either very different or somewhat different from their own religion. 58% of those surveyed view Muslims as being subject to much discrimination. 45% say Islam is no more likely than other religions to encourage violence, and 45% say they personally know someone who is Muslim. The full survey also asks about perceptions of various other religious traditions. 19% of all those surveyed, and 24% of white Protestant evangelicals, say that they think of themselves as part of a religious minority. A Time Magazine article discusses the poll results.

City Council Substitutes Pledge of Allegiance For Prayer

The Freedom from Religion Foundation continues to write to city councils around the country objecting to their opening their sessions with sectarian prayers, and the cities continue to respond in various ways. In Tehachapi, California on Tuesday, City Council opened its meeting with recitation of the Pledge of Allegiance instead of the usual prayer. KERO News reports that the change was implemented after a letter from FFRF charged that "prayers currently given during the Council meeting impermissibly advance Christianity." Council member Ed Grimes said, "First and foremost, we need to protect the city from litigation..." Conservative candidate for state assembly, Ken Mettler, however charged FFRF with relying on intimidation: "they like to bully some of the smaller cities, but they've picked on the wrong small city.... [W]e like our heritage, and they're messing with the wrong folks here."

Maryland Town Will Buy Land In Religious Bias Settlement

Today's Frederick (MD) News-Post reports that the town of Walkersville, Maryland has agreed in general on a settlement in a lawsuit against it brought by the owners of land that the Ahmadiyya Movement of Islam had hoped to buy to construct a mosque. In the lawsuit the seller alleged that his sale of the land was blocked by government officials and private citizens in concerted actions motivated by anti-Muslim hostility. A March 2009 federal court decision allowed plaintiff to proceed with most of his claims. (See prior posting.) Under the settlement-- which has not yet been reduced to writing or signed-- the city will purchase the land from owner David Moxley for $4.7 million. At the Walkersville town council meeting tonight, an ordinance will be introduced to appropriate the funds, and a public hearing on the settlement is scheduled for Sept. 23.

USCIRF Faces Some Opposition In Congress

The Washington Post yesterday reports that the U.S. Commission on International Religious Freedom could disappear in 2011 when its current authorization sunsets. Earlier this year the Commission survived attempts to cut its funding as some in Congress think other approaches to international religious freedom would be more productive. Some sources say there is friction among Commission members. USCIRF however also has its defenders and its new chairman, Leonard Leo has been making the agency's case to influential members of Congress.

Lawsuit Seeks To Halt Baptist Group's National Election

In Washington, D.C. yesterday, Rev. Henry J. Lyons of Tampa, Florida filed a lawsuit attempting to enjoin Thursday's scheduled election for president of the National Baptist Convention USA-- the oldest and largest predominantly Black religious denomination in the U.S. The election is being held in connection with the Convention's Annual Session in Memphis. AP reported yesterday on the move by Lyons who was forced out as president of the denomination in 1999 after he was charged with stealing for personal use some $4 million of the church group's funds. He was convicted and served nearly 5 years in prison. An earlier AP story has more background on Lyon's run for office. Lyons' lawsuit claims that the denomination's new bylaws governing who can vote in the election violate its constitution.

UPDATE: AP reports that at a hearing on Wednesday, D.C. Superior Court Judge Jeanette J. Clark denied Lyons motions for a temporary restraining order and a preliminary injunction. This allows the election to proceed as scheduled on Thursday. The judge concluded there is no conflict between the Convention's bylaws and constitution, and that Lyons waited until the "last minute" to raise issues regarding election procedures.

UPDATE2: Press of Atlantic City reports that Delegates at the annual meeting of the National Baptist Convention USA on Thursday elected Rev. Julius R. Scruggs as president, defeating Rev. Henry Lyons, by a vote of 4,108 to 924.

California Legislature Orders More Police Training On Dealing With Sikh Kirpan

Last week, the California legislature passed and sent to the Governor for his signature AB 504 mandating additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. Yesterday's Oakland Tribune says that Sikhs have been arrested for wearing the kirpan-- a ceremonial dagger-- by officers who approach them in a disrespectful way and assume they have been involved in a crime. The bill requires the Commission on Peace Officer Standards and Training to develop training material on recognizing and interacting with Sikhs possessing articles of faith. The updated training material is to include "the alternatives to arrest and detention that have been successfully used by law enforcement officers when contacting a Sikh carrying a kirpan with a benign intent and in accordance with an integral part of his or her recognized religious practice." Around 100,000 Sikhs live in the San Francisco Bay area.

Arizona Supreme Court Rejects Free Exercise Defense To Marijuana Charges

In State of Arizona v. Hardesty, (AZ Sup. Ct. Sept. 8, 2009), the Arizona Supreme Court rejected an atempt by a member of the Church of Cognizance to raise a defense under Arizona's Free Exercise of Religion Act to prosecution for possession of marijuana. Marijuana is a sacrament of the church, and defendant claimed an unlimited religious right to use it anywhere in any quantity. The court held that the state's total ban on marijuana is the least restrictive means to carry out its compelling interest in protecting health, its interest in protecting against the threat to safety that arises from marijuana trafficking and its interest in preventing driving while under the influence of drugs. AP yesterday reported on the decision.

9th Circuit: It Was OK To Ban Ave Maria From High School Graduation Ceremony

In a 2-1 decision yesterday in Nurre v. Whitehead, (9th Cir., Sept. 8, 2009), the U.S. 9th Circuit Court of Appeals held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. Responding Judge Smith's dissent, the majority in an opinion written by Judge Tallman said:

... [W]e do not seek to remove all religious musical work from a school ensemble's repertoire. Nor do we intend to substantially limit when such music may be played. We agree ... that religious pieces form the backbone of the musical arts. To ignore such a fact would be to dismiss centuries of music history. Instead, we confine our analysis to the narrow conclusion that when there is a captive audience at a graduation ceremony, which spans a finite amount of time, and during which the demand for equal time is so great that comparable non-religious musical works might not be presented, it is reasonable for a school official to prohibit the performance of an obviously religious piece.

Bay City News yesterday reported on the decision.

Magistrate Says Remove "Five Percenters" From Prison "Security Threat Group" List

The Nation of Gods and Earths / Five Percenters (NGE) -- an offshoot group of the Nation of Islam -- is classified by many prison systems as a Security Threat Group (STG). (Background.) Last month in Hardaway v. Haggerty, (ED MI, Aug. 17, 2009), a Michigan federal magistrate judge recommended that the STG designation be removed from the group. Magistrate Judge R. Steven Whalen said that the crucial issue in the case is whether NGE is a "religion" or merely a "secular gang." Finding on the basis of competing expert testimony that NGE fits the definition of a religion, he went on to apply the struct scrutiny test of RLUIPA to the burden placed on NGE adherents by the designation and by the concomitant prison ban on all the group's publications. Finding that the STG designation was based on the group's racialist ideology which is religious in nature, he concluded that "outlawing the entire religion and imposing a total ban on the group’s publications does not further an otherwise compelling state interest in prison security." AP today reported on the decision.

Defiant Sudanese Journalist Sentenced For Wearing Pants

In Khartoum, Sudan yesterday the high profile trial of a defiant woman journalist who is challenging the country' sharia-based laws relating to dress requirements resumed. (See prior posting.) The Los Angeles Times reports that journalist Lubna Ahmed al-Hussein was convicted of public indecency for wearing pants at an outdoor cafe. At her trial Hussein wore the same pants. After the conviction, the judge, instead of sentencing defendant to the expected 40 lashes, merely imposed a fine of $200. Hussein however refused to pay and was then sentenced to a month in jail. When she was charged, Hussein worked for the United Nations. Wanting to make a public issue of Sudan's laws, she resigned so that her case would not be dismissed on immunity grounds. She also sent e-mail invitations to journalists and diplomats asking that they attend her sentencing. Not surprisingly, Hussein's lawyer says that the conviction will be appealed to Sudan's Supreme Court.

Kentucky High School Team's Trip To Revival Raises Parental Concerns

In Breckinridge County, Kentucky, some Breckinridge County High School parents are upset about a bus trip for the football team organized last month by Coach Scott Mooney. USA Today yesterday reported that the trip to Franklin Crossroads Baptist Church included a revival at which 8 or 9 of the 20 players attending were baptized. Superintendent Janet Meeks, also a member of the church, defended the trip as voluntary. She was there and viewed the baptisms without raising any objections. A public school bus was used to transport the team to church, but another coach used personal funds to pay for gas. The church's pastor, the Rev. Ron Davis, said that he requires minors to obtain their parents' consent to be baptized. He said though that sometime high schoolers look older than they are.

New Religious Education Law Being Drafted In Kyrgyzstan

Forum 18 yesterday reported on the draft text of a new Law on Religious Education and Educational Institutions that is being drafted by Kyrgyzstan's State Agency for Religious Affairs (SARA). Kanybek Osmonaliev, had of SARA, says a new law is needed in order to reduce the number of Islamic educational institutions and to require them to offer a proper balance of religious and secular subjects. The proposed law would require all religious education institutions to register with the SARA and be licensed and accredited by the Education Ministry. SARA recommends that 30% of courses be required to be secular. Religious education will be permitted only in full-time institutions, and educational requirements are imposed for those who teach religious courses. Government approval will be required before adults may go abroad for religious training, and minors will be barred from studying religion abroad.

Dress Code Loosened For Women Lawyers In Gaza

In Gaza, the Supreme Justice Council last week announced that, contrary to a pronouncement in July, female lawyers will not be required to wear traditional Islamic dress when appearing in court. YNet News reported Sunday that in a press release the Council said: "female lawyers are asked only to appear in modest dress from now on." Apparently the reversal was in response to widespread criticism of an earlier pronouncement requiring Muslim head scarfs which was issued not by the full Council, but by Supreme Court chief justice Abdul-Raouf Halabi personally. (YNet News, July 26).

Meanwhile last week Human Rights Watch criticized the Islamic dress code that has been imposed on school girls in Gaza. HRW's press release stated: "... since the school year opened in late August, schools have been turning away female students for not wearing a headscarf or traditional gown, on the basis of new unofficial orders to schools from Hamas authorities.... Previously, the uniform typically required for female public school students was a long denim skirt and shirt. The new orders appear to have been issued without any legal basis."

Bishops' Labor Day Statement Highlights Unionization Principles For Catholic Health Agencies

The U.S. Conference of Catholic Bishops has issued its Labor Day 2009 statement, The Value of Work; The Dignity of the Human Person. The statement highlights an elaborate agreement reached in June on unionization of workers at Catholic health care facilities. More than ten years of discussions between two major unions, Catholic health care agencies and the Bishops Conference led to the report: Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions. Here is an excerpt from The Foreword to the document:

This document reflects and applies longstanding principles of Catholic teaching. It encourages civil dialogue between unions and employers focusing on how the workers’ right to decide will be respected. Under the agreement, management agrees not to use traditional anti-union tactics or outside firms that specialize in such tactics and unions agree to refrain from publicly attacking Catholic health care organizations.

Separately, on the Labor Day theme, here are brief "Historical Highlights of the Religion-Labor Movement" reprinted from the Interfaith Worker Justice website.

Connecticut Diocese Plea to Stay Release of Abuse Records Referred To Full Supreme Court

As previously reported, the Bridgeport, Connecticut Roman Catholic Diocese has been trying to obtain a stay of an order issued in May by the Connecticut Supreme Court requiring release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. The documents, under seal since the cases were settled in 2001, are being sought by 4 newspapers. Planning to ask the U.S. Supreme Court for review, the Diocese petitioned Justice Ginsburg to grant a stay of the Connecticut order pending filing and disposition of a writ of certiorari. She refused. Then, in an unusual move, the Diocese submitted a request to Justice Scalia to grant the stay. Now it appears that Justice Scalia thinks the entire Court should decide whether or not a stay should be granted. The Supreme Court's docket entry in Bridgeport Roman Catholic Diocesan Corporation v. New York Times indicates that on Sept. 2, Justice Scalia distributed the refiled application for a stay for consideration by the Justices at their Sept. 29 conference.

Minnesota Senator's State Fair Joke Misfires

Op Ed News reported on an awkward lack of religious sensitivity by Minnesota U.S. Senator Amy Klobuchar yesterday during CNN correspondent John King's interview with her at the Minnesota State Fair. (Transcript). As King bantered about items the Republicans were handing out at the Fair, Klobuchar replied: "I have for you chocolate covered bacon, one of our fair delicacies. I'd like you to eat it on the air." King adamantly refused, but joked, "at least this is not on a stick." King converted to Judaism last year (report from Soup Cans) in advance of marrying Dana Bash who is also a CNN correspondent.

Recent Articles of Interest

From SSRN:

• Jackson Nyamuya Maogoto, Legalising Divorce in the Republic of Ireland: A Canonical Harness to the Legal Liberation of the Right to Marriage Among the Disenfranchised, (September 1, 2009).
• John D. Inazu, No Future Without (Personal) Forgiveness: Re-Examining the Role of Forgiveness in Transitional Justice, (Human Rights Review, Vol. 10, 2009).
• Patrick Parkinson, Christian Concerns with the Charter of Rights, (Sydney Law School Research Paper No. 09/72, Aug. 31, 2009).
• Louis J. Virelli, Administrative Evolution, (Stetson University College of Law Legal Studies Research Paper Series Research Paper No. 2009-05, Sept. 3, 2009).
• Pnina Lahav, Seeking Recognition: Women's Struggle for Full Citizenship in the Community of Religious Worship, (Boston University School of Law Working Paper No. 09-33, July 30, 2009).
• Steven Douglas Smith, Discourse in the Dusk: The Twilight of Religious Freedom, (Harvard Law Review, Vol. 122, p. 1869, 2009).

From SmartCILP:

• Joshua B. Gessling, From Ankara to Strasbourg: Developing a Comprehensive Supranational Litigation Strategy for Patriarchal Preservation in Turkey, 15 Buffalo Human Rights Law Review 109-157 (2009).
• Puja Kapai & Anne S. Y. Cheung, Hanging In a Balance: Freedom of Expression and Religion, 15 Buffalo Human Rights Law Review 41-79 (2009).
• Judith E. Koons, Engaging the Odd Couple: Same-Sex Marriage and Evangelicalism in the Public Square, 30 Women's Rights Law Reporter 255-288 (2009).
• Gerard Magill, Using Excess IVF Blastocysts for Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular and Religious, 37 Hofstra Law Review 447-485 (2008).

South African Lawsuit Challenges Halal Certification Organization

Today's Johannesburg Times reports on a lawsuit that has been filed in South Africa in the High Court in Johannesburg by the Muslim organization "Scholars of Truth." The group seeks to stop the South African National Halal Association (Sanha) from continuing to act as a certifier of Halal chickens. Scholars of Truth, which criticizes Sanha for being a commercial, profit-making business, says that allegations of dishonesty and fraud have been made against Sanha. Sanha has asked the court to dismiss the lawsuit, saying that it should be left to the conscience of individual Muslims whether or not they wish to rely on Sanha's certification. Sanha also argues that plaintiffs lack standing to bring their challenge. Sanha's website says that Sanha is a non-profit organization whose fees merely cover costs. However Islamic scholar Mufti Afzal Hoosen Elias argues that no fees at all should be charged for Halal certification.

In India, Suit Threatened Over Compulsory Hindu Prayer In Schools

The education minister of the Indian state of Madhya Pradesh last month ordered that beginning Sept. 5, all students in schools that participate in the state-run lunch program must recite the "bhojan mantra" before their mid-day meals. IANS reports today that a group of socio-cultural organizations will file suit in the Madhya Pradesh high court asking that the court order an end to the practice. In a memorandum submitted to the state's governor, the groups argue that the new order divides students and teachers on the basis of religion. Muslim and Christian groups object to introduction of the Hindu practice. [corrected]

UPDATE: An earlier article from Thaindian News gives more background as well as setting out the specific bhojan mantra that is prescribed (different from the one to which I earlier linked). This posting comment from "Erp" sets out more detail.

Large Churches Face Zoning Hurdles

Today's Baltimore Sun carries an interesting analysis of zoning opposition to building of mega-churches (and similarly large synagogues and mosques). Dave Travis, a consultant who tracks these trends says: "There's still a general impression that most churches are small: The white frame church down there on the corner, the little brick building that has a hundred people. Just the fact that you've got a church with a couple thousand people seems abnormal to lots of people." Some large churches are instead pursuing a multi-site strategy.

Recent Prisoner Free Exercise Cases

In Houseknecht v. Doe, 2009 U.S. Dist. LEXIS 77950 (ED PA, Aug. 28, 2009), a Pennsylvania federal district court rejected an inmate's complaint that his rights under the Free Exercise Clause and RLUIPA were infringed when, because he was placed in protective custody, he was denied access to formal worship services and formal Bible study classes. He was instead permitted to meet with a chaplain. The court allowed plaintiff additional discovery on his retaliation claim.

In Sumahit v. Parker, 2009 U.S. Dist. LEXIS 78973 (ED CA, Sept. 3, 2009), a California federal magistrate judge recommended rejection of a prisoner's free exercise claim, finding that he had not described how restrictions on his access to Native American religious services burdened his ability to practice his religion.

In Johnson v. Sisto, 2009 U.S. Dist. LEXIS 78943 (ED CA, Sept. 2, 2009), a Rastafarian prisoner complained that he was denied access to a vegan diet as required by his Rastafarian faith. A California federal magistrate judge recommended that most of his claims be dismissed because the defendants he sued lacked authority to provide him with a religious diet unless he obtained a religious diet card through the chaplain. However the magistrate recommended that plaintiff be permitted to proceed on his claim that on one occasion, when he was entitled to it, he was denied a religious diet meal.

In Jackson v. Verdini, (MA App. Ct., Aug. 21, 2009), a Massachusetts state appeals court affirmed (with a minor modification) a lower court's holding that the Department of Corrections provide an additional Imam to perform weekly Jum'ah services and that female officers be prohibited from touching the genital or anal areas of any male Muslim inmates except in emergency situations.

In Sandeford v. Plummer, 2009 U.S. Dist. LEXIS 79571 (ND CA, Sept. 1, 2009), a California federal district court allowed plaintiff to move ahead with free exercise and equal protection challenges. Plaintiff alleged that jail staff failed to grant his request for an "Islamic Diet," access to Islamic religious services, and permission to wear a Kufi cap.

In Kaiser v. Shipman, 2009 U.S. Dist. LEXIS 79413 (ND FL, Aug. 4, 2009), a Florida federal magistrate judge recommended dismissal of Free Exercise and RLUIPA claims by an inmate who was not permitted to keep in his personal possession tarot cars, an alter cloth and runes to practice his faith,which prison authorities classified as Wiccan.

In Price v. Caruso, 2009 U.S. Dist. LEXIS 79199 (ED MI, July 16, 2009), a Michigan federal magistrate judge recommended that a Jewish prisoner's monetary damage claim under RLUIPA be dismissed on sovereign immunity grounds, even though factual issues remained as to whether RLUIPA was violated by a ban on Jewish prisoners traveling between prison complexes to hold Sabbath services (in order to obtain 10 persons for a minyan).

In Burns v. Smith, 2009 U.S. Dist. LEXIS 79525 (WD LA, July 16, 2009), a Louisiana federal magistrate judge refused to dismiss free exercise and RLUIPA claims by a pre-trial detainee challenging a detention center's apparent policy of withholding church services to detainees or inmates placed in lockdown for medical reasons.

In Muhammad v. McNeil, 2009 U.S. Dist. LEXIS 79409 (ND FL, July 6, 2009), a Florida federal magistrate judge recommended dismissal of two claims brought by a Muslim prisoner. Plaintiff sought a strict Halal diet that also took account of his medical needs for a meat-based low-residue diet. He also sought, for religious reasons, access to a dentist (at his family's expense) to remove 16 gold crowns installed in his youth which he says now violate his religious beliefs.

Christian Groups Are Proselytizing Dearborn, Michigan's Muslims

Today's Detroit Free Press reports that at least eight Christian groups from across the United States have organized proselytization campaigns aimed at Dearborn, Michigan's large Islamic population. The efforts have already resulted in various lawsuits (see prior postings 1, 2), assertions that opponents of the efforts are stifling free speech, and debates about how Islam can co-exist with Christianity in the West. One Christian group spent at least $67,000 on its activities in Dearborn this summer. Some of the Christian-Muslim encounters have become confrontational. Commenting on the increased activity, Eric Haven, executive pastor at Woodside Bible Church in Troy, Michigan said: "For years, Christians have sent missionaries around the world to proclaim the gospel of Christ. In this day and age, the world is coming to America. ... So, it's a great opportunity."

Louisiana Governor's State-Paid Trips To Churches Raise Controversy

Controversy between Louisiana Governor Bobby Jindal and his critics has been escalating since an article in the New Orleans Advocate a week ago disclosed that at least 15 times this year Jindal used his state helicopter to attend church services around the state. Jindal says he also uses the occasssions to talk with local officials. (Last year, Americans United criticized similar visits by Jindal.) Rev. Welton Gaddy, president of the Interfaith Alliance, but also pastor of a Baptist Church in Monroe, Louisiana, this week wrote Jindal complaining about the taxpayer-funded trips. (Full text of letter.) He wrote in part: "For the sake of religion, please do not politicize houses of worship in Louisiana and rob those of us who minister there of the credibility that allows our faith to be a healing force in our state and across our land."

ABP reports that a Jindal spokesperson reacted to Gaddy's letter by saying : [The Interfaith Alliance] opposes putting crosses up in honor of fallen policemen, has attacked the National Day of Prayer and advocates for same-sex marriage, so it's not surprising that they are attacking the governor for accepting invitations to speak at Louisiana churches." [Thanks to Blog from the Capital for the lead.]

Wisconsin County Seeks Compromise To Avoid Liability Over Monument

In Chippewa County, Wisconsin, officials are scrambling to come up with an acceptable compromise over feared church-state challenges to a monument that was put up on the grounds of the County Building. As reported by KBJR-TV, Business North and Chippewa Valley Newspapers, a private committee came up with plans for a monument to Chippewa County Deputy Jason Zunker who was struck and killed in January 2008 while directing traffic. The 3-panel monument includes a lengthy quote from Deputy Zunker exhorting individual to accept Jesus. The County Building and Grounds Committee approved the monument without knowing what would be on it and without further oversight. Last month the county told the memorial committee to remove the center panel of the monument containing the religious language. On Thursday, however, the county offered a compromise that would leave the panel up if the Jason Zunker Memorial Committee would accept liability in case a lawsuit was filed. One report says that under the compromise, the Memorial Committee would be responsible for all litigation; another says that the county would defend at trial but the Memorial Committee would be responsible for any appeal. Whichever it is, the Memorial Committee has until Oct. 1 to decide whether to accept the compromise.

White House Visitor Logs Will Now Be Routinely Released; Lawsuits Settled

ABC News reported yesterday that the Justice Department has settled several Freedom of Information Act lawsuits brought by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW). All the suits seek release of logs identifying visitors to the White House and the Vice President's Residence. One of the suits sought records of visits of nine prominent conservative Christian leaders to the Bush White House and Vice President Cheney's residence. (See prior posting.) Other of the lawsuits sought records from the Obama administration. On Thursday, the Justice Department released a letter (full text) summarizing the settlement agreement under which it will release the requested records. In addition, the White House will change its policy for the future and will release the names of White House visitors and the officials with whom they met. Release will be made monthly online, with a 3 to 4 month reporting delay and with certain redactions for national security and privacy purposes. Yesterday CREW issued a statement announcing the settlement.

3rd Circuit Tells BIA: Reconsider Whether Iran May Torture Christian Convert

In Ghaziaskar v. Attorney General for the United States, (3d Cir., Sept. 3, 2009), the U.S. 3rd Circuit Court of Appeals, while upholding a portion of the Board of Immigration Appeal's determinations, remanded to BIA the claim by an Iranian immigrant that if he were deported to Iran it is more likely than not that he would face torture. If he can show that, he would be entitled to have his deportation delayed under the Convention Against Torture. Part of Ghaziaskar's claim was that his conversion to Christianity could subject him to torture. The Immigration Judge questioned Ghaziaskar's credibility, but the 3rd Circuit said that the judge failed to consider the practices of Christian churches in Iran. He also failed to consider current conditions in Iran. The Legal Intelligencer reports on the decision.

Italian Prime Minister In Historic Feud With The Vatican

Today's Brisbane (Australia) Times reports from Italy on what it calls an historic and potentially disastrous schism between Italian Prime Minister Silvio Berlusconi and the Vatican. It all began when the Italian daily la Repubblica began repeatedly to ask Berlusconi to explain his relationships with several young women, including an aspiring teen model from Naples. Berlusconi responded by filing a libel suit against la Repubblica, and threatened to sue several other newspaper. European media sharply criticized Berlusconi's attack on the press, and so did the Vatican by cancelling the annual dinner traditionally shared with the Prime Minister after the Perdonanza Mass, a centuries-old service for the forgiveness of sin. Berlusconi responded by cancelling his attendance at the Mass in the earthquake-torn town of L'Aquila. However he also began a counter attack using a newspaper owned by his brother to attack the editor of Avvenire, Italy's main Catholic newspaper.

The Berlusconi paper called Catholic editor, Dino Boffo, a homosexual and claimed he was being sued by the wife of a man he was in a relationship with. Boffo was supported by a public statement from the Vatican, but on Thursday, after issuing a detailed rebuttal and explanation of the allegations, Boffo resigned. He charged his opponents with ''media butchery.'' Brisbane's Times says: "The rift between Mr Berlusconi's administration and the Vatican is now being read as the most serious battle between church and state since World War II."

Iowa School District Unveils Revised Religious Liberty Draft Policy

After withdrawing its original draft policy on religious liberty in schools (see prior posting), Spencer, Iowa school officials today unveiled a new draft (full text). It provides in part:

Teachers shall prepare and teach lessons throughout the year and throughout the curriculum that:

• Approach religion as academic, not devotional
• Strive for student awareness of religions, not acceptance of religions
• Study about religion, but do not practice religion in the classroom
• Expose students to diversity of religious views, not impose any particular view
• Educate about a variety of religions, not promote or denigrate religion
• Inform students about various beliefs, not conform students to any particular belief
• Demonstrate the impact of economic, social, political and cultural effects of religion throughout history
• Are age appropriate

The Spencer Daily Reporter covers these developments.

Obama Issues Proclamation On Remembrance of 9-11 Victims

President Obama yesterday issued a Proclamation (full text) declaring Sept. 4-6 as National Days of Prayer and Remembrance 2009. The Proclamation focuses on the victims of the Sept. 11, 2001 terrorist attacks as well as on members of the armed forces "who work every day to keep our Nation safe from terrorism and other threats to our security." The Proclamation requests: "that the people of the United States, each in their own way, honor the victims of September 11, 2001, and their families through prayer, memorial services, the ringing of bells, and evening candlelight remembrance vigils."

Controversy Persists Over Virginia Gubernatorial Candidate's 20-Year Old Thesis

A controversy has been developing in Virginia this week over the masters' thesis written twenty years ago by now Virginia Republican gubernatorial candidate Robert F. McDonnell. (Washington Post 8/30.) The 93-page thesis titled The Republican Party's Vision for the Family: The Compelling Issue of the Decade was written while McDonnell was a student at what is now Regent University, founded by Pat Robertson. The Washington Post described the thesis:

McDonnell described working women as "detrimental" to the traditional family. He criticized a U.S. Supreme Court decision legalizing contraception for unmarried couples and decried the "purging" of religion from schools. He advocated character education programs in public schools to teach "traditional Judeo-Christian values," and he criticized federal tax credits for child care expenditures because they encouraged women to enter the workforce.

In this week's Atlantic, Wendy Kaminer examines whether or not the thesis is relevant to today's campaign given McDonnell's statements that some of his views expressed in the thesis have changed. Kaminer says she still has questions. For example, she writes: "Reading McDonnell's thesis, which relies on slogans, political talking points, and declarations of faith more than argument, I also wonder if he's developed his capacity for nuanced, rational thought." [Thanks to Scott Mange for the lead.]

Opinion Issued In Case Ordering Parochial School Student Into Public School Band

A Pennsylvania federal district court has now issued a detailed written opinion explaining the temporary restraining order it issued last week (see prior posting) requiring the the Burrell (PA) High School to permit a student who transferred to a parochial school to remain in the high school band. In Trefelner v. Burrell School District, 2009 U.S. Dist. LEXIS 78785 (WD PA, Sept. 2, 2009), the court held that the free exercise rights of Alexander Trefelner, an eighth grade saxophone player, were infringed by the school's policy. The policy, by permitting exceptions for home-schooled students and students attending charter schools, favors secular over religious motivations. The policy is not a neutral policy of general applicability. The reasons advanced for allowing home and charter schooled students to participate apply equally to parochial school students.

Jury Rejects Dance Teacher's Religious Discrimination Claim

In San Diego, California yesterday, a state court jury rejected a former public school dance teacher's religious discrimination lawsuit against the Lemon Grove (CA) School District. According to 10News, Kathy Villalobos claimed the school district fired her for playing dance music containing religious lyrics. However the jury believed the school board that argued Villalobos was fired for missing and cancelling classes. School officials said Villalobos was merely told that if she was going to use religious music, it should be from a wide variety of religions. Villalobos says she plans to appeal the decision.

Groups Urge Change In Senate Bill To Permit Head Coverings In Drivers License Photos

Yesterday more than a dozen religious advocacy and interfaith groups sent a letter (full text) to the chairman and ranking member of the Senate Homeland Security and Governmental Affairs Committee urging them to support an amendment to S. 1261, the PASS ID Act, that is pending in the Senate. The bill pressures states to issue drivers licences and identification cards that contain a digital photograph and other security features. The letter urges that specific language be added to the bill to protect the right of individuals to wear religious head coverings without removal or modification in driver's license and other identification photos. The letter explains: "Our request relates specifically to turbans, yarmulkes, hijabs, and other religious headcoverings; it does not relate to items that conceal the face." Even though language currently in the proposed bill calls for the Department of Homeland Security to issue regulations that include protections for constitutional rights and civil liberties of applicants for licenses and ID cards, apparently DHS does not believe that the language allows them to require states to permit head coverings to be worn in license photos.

Court Enforces Biblically Based Arbitration Agreement

In Easterly v. Heritage Christian Schools., Inc., 2009 U.S. Dist. LEXIS 76269 (SD IN, Aug. 26, 2009), an Indiana federal district court enforced a Biblically-based arbitration agreement between a high school English teacher and the Christian school at which she was employed for some 20 years before she was forced from her job. The contract required teacher Dorothy Easterly to "to resolve differences with others (parents, fellow-workers, Administration) by following the biblical pattern of Matthew 18:15-17," and if that failed to submit any controversy to mediation and binding arbitration conducted under the "Rules of Procedure for Christian Conciliation." The court rejected Easterly's claim that the arbitration agreement was vague, that it deprived her of her ability to vindicate rights protected by disability and age discrimination statutes, and that the procedures were procedurally inadequate. [Thanks to Michael Francisco for the lead.]

Canadian Tribunal Says Internet Hate Speech Law Is Unconstitutional

In a 107-page opinion handed down yesterday, the Canadian Human Rights Tribunal (CHRT) held that Canada's Internet hate speech law is unconstitutional. The CHRT is an adjudicative body that hears discrimination charges referred to it by the Canadian Human Rights Commission. In Warman v. Lemire, (CHRT, Sept. 2, 2009), an opinion by Tribunal member Athanasios Hadjis held that amendments adding monetary penalties to the hate speech law since a 1990 Canadian Supreme Court decision upholding it now make the statute's infringement of free expression disproportionate to the law's objectives. The opinion reasons:

The Supreme Court held in Taylor that despite not requiring any proof of intent to discriminate, s. 13(1) only minimally impairs freedom of expression principally because the Act’s purpose is to prevent discrimination (as well as compensating and protecting the victim), rather than punish moral blameworthiness. ...S. 13(1) has, since the 1998 amendments, lost the exclusively compensatory and preventative features that characterized it in the eyes of the majority in Taylor. Following the Court's reasoning, it can therefore no longer be concluded that the provision still minimally impairs the Charter guaranteed freedom of expression.

Canadian Press reports on the decision. The Ottawa Citizen says that an appeal to the Federal Court of Canada is likely because two other previous Tribunal decisions found the statute constitutional. [Thanks to PewSitter for the lead.]

Religious Peyote Exemption Does Not Invalidate Federal Drug Laws

In United States v. Valazquez, 2009 U.S. Dist. LEXIS 77946 (WD OK, Aug. 31, 2009), a defendant facing federal drug charges argued that the federal controlled substances laws are unconstitutional because of the exemption they grant to the Native American Church for the use of peyote. Relying on several previously decided cases, the court held that the exemption does not violate the Establishment Clause. It also rejected a 5th Amendment equal protection challenge because defendant did not show that he was similarly situated. His possession of methamphetamine was not related to his religious beliefs or practices.

Churches Sue To Prevent Noise Ordinance From Limiting Their Carillon Bells

Three churches in Phoenix, Arizona yesterday filed a federal lawsuit against the city of Phoenix challenging its noise ordinance that has been applied to limit ringing of carillon bells by local churches. The complaint (full text) in St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, filed 9/2/2009), alleges that the noise ordinance is unconstitutionally vague. It also claims that application of the ordinance to churches violates their free speech rights and their right to free exercise of religion under both the federal and Arizona constitutions and Arizona statutory law. A release by Alliance Defense fund announcing the lawsuit criticized the ordinance for exempting ice cream trucks but not churches. Earlier this year, the clergyman of one of the plaintiff churches in this case was convicted of violating the noise ordinance and given a suspended jail sentence along with 3 years' probation. (See prior posting.)

Dutch Prosecutors Will Move Against Anti-Jewish Cartoon

According to Dutch News yesterday, the Dutch public prosecution department has announced that it will file charges against the Arab European League for a cartoon it has posted on its website. The cartoon depicts two men in business suits discussing how to increase the numbers killed in the Holocaust. Prosecutors say the cartoon 'insults Jews because of their race and/or religion." It suggests that Jews themselves invented the idea that 6 million were killed during World War II. The cartoon was an old one that had been taken off the group's website three years ago. However it was posted again after Dutch prosecutors refused to prosecute the TV program Nova and Dutch politician Geert Wilders over republication of cartoons insulting the Prophet Muhammad. Prosecutors say those cartoons did not violate Dutch law because they targeted Muhammad, not Muslims in general. The Dutch Supreme Court drew this distinction in a case decided earlier this year. (See prior posting.) AEL does not think any of the cartoon should be subject to prosecution.

Canadian Court Rejects Challenge To Quebec's New Religious Survey Courses

In the Canadian province of Quebec, a trial court judge has rejected a challenge by Christian parents to the mandatory new course in grades 1 through 11 in Quebec schools that teaches about a broad range of world religions. The Ethics and Religious Culture course covers Christianity, Judaism, aboriginal spirituality, Islam, Hinduism and Buddhism. (See prior posting.) It replaces parents' choice of one of three separate courses that focused on Catholic or Protestant thought, or moral instruction. Yesterday's National Post reports on the decision by a Drummondville Superior Court. Justice Jean-Guy Dubois wrote that "the court does not see how the ... course limits the plaintiff's freedom of conscience and of religion for the children when it provides an overall presentation of various religions without obliging the children to adhere to them." During the trial, one mother testified that it was confusing for her son to learn about Islam while he was still forming his own Catholic spirituality.

Remarks At Kennedy Memorial Service Raise Issue On Mormon Temple Zoning

According to yesterday's Belmont (MA) Citizen-Herald, remarks delivered by Utah Sen. Orrin Hatch at the memorial service for Sen. Edward Kennedy last Friday (full text) have caused some former litigants to question a decision handed down in 2001 by the Massachusetts Supreme Judicial Court. Here is what Hatch said:

There was another time when the Mormon church was nearing completion of its temple here in Boston. Belmont , I think. I was approached by several people working in the temple and informed that the city would not allow a spire to be placed on the top of the temple with an angel on top of it as is customary on Mormon temples. I immediately called Ted and asked for help. Not long after that conversation, he called me back and said, "All of western Massachusetts will see the Angel Gabriel on the top of the Mormon temple. (LAUGHTER) Though I was tempted to leave it alone, I had to inform Teddy it was actually the Angel Maroni....

It turns out that the question of whether a special zoning permit would be granted for the church to build its 85-foot high steeple was litigated all the way to the Massachusetts Supreme Judicial Court. In Martin v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, (MA Sup. Jud. Ct., 2001), Massachusetts' high court held that a state law limiting zoning restrictions on the use of land for religious purposes (the "Dover Amendment") precluded the "unreasonable" height restriction that Belmont's zoning laws imposed.

Now those who opposed the Temple construction are asking whether Kennedy influenced the Supreme Judicial Court's decision. They say Hatch's reference to the time construction was nearing completion would put his call to Kennedy after the February 2000 decision by the Middlesex Superior Court to reverse the decision of Belmont's zoning board of appeals and ban the steeple. The only determination left after that point was that by the Supreme Judicial Court. A spokesperson for the court, however, says they had no interaction with Kennedy and he did not influence the justices in the temple case.

Obama Hosts Iftar Dinner With Interesting Guest List

Last night at the White House, President Obama hosted an iftar dinner marking the Muslim observance of Ramadan. This follows a precedent begun by President Bill Clinton and continued by President George W. Bush (New York Times, Huffington Post). The guest list for last night's dinner was particularly interesting-- cabinet members, members of Congress, ambassadors from counties with significant Muslim populations (including Israel), members (including Jewish and Christian members) of the President’s Council on Faith-based and Neighborhood Partnerships, and various Muslim notables. (Washington Post.) Included were Marine Lt. Cmdr. Abuhena Saifulislam (who has given the prayer at President Bush's Ramadan dinner), and ACLU lawyer Jameel Jaffer whose lawsuit has forced the White House to release secret documents on C.I.A. interrogations and detention. Among the guests highlighted in President Obama's remarks (full text) at the dinner was Nashala Hearn from Muskogee, Oklahoma, whose Justice Department-backed lawsuit vindicated her right to wear a hijab (headscarf) to school.

"Classical" Charter School Sues Challenging Ban On Use of Religious Texts

Yesterday, an Idaho charter school filed a federal lawsuit against members of the Idaho Public Charter School Commission and other state officials, challenging a Commission order banning the use of the Bible or any other religious documents or texts in public charter school classrooms. Plaintiff, the Nampa Classical Academy, had developed its entire curriculum in a classical, liberal arts format, using primary texts-- secular and religious-- as a method of educating its students. The complaint (full text) in Nampa Classical Academy v. Goesling, (D ID, filed 9/1/2009), alleges that a majority of the planned texts are secular. It says that the Academy, which is about to open for its first year of operations, has no intent to use religious texts in devotional manner, and will not be teaching religious tenets. Religious materials, like secular documents, will be used to study western civilization in classes such as history, literature, art or music. The complaint sets out five causes of action: procedural due process, free speech, establishment clause and equal protection clause violations, as well as violations of the state statute setting out procedures for issuing a notice of defect to charter schools. Alliance Defense Fund announced the filing of the lawsuit. (See prior related posting.)

Federal Community Service Agency Designates This Week As "Interfaith Service Week"

The Corporation for National & Community Service (a federal agency) announced yesterday that President Obama's "United We Serve" initiative has designated Aug. 31 through Sept. 6 as "Interfaith Service Week." The week honors efforts of faith-based organizations working across religious lines to strengthen communities. The press release highlighted a number of specific interfaith projects being carried out across the country this week.

Consent Order Settles Suit On In-School Posters Announcing Prayer Events

In May, a Tennessee federal district court issued a preliminary injunction barring Wilson County (TN)'s Lakeview Elementary School from enforcing a broadly written school speech policy to suppress religious references on posters made by students and parents to publicize "See You At the Pole" and National Day of Prayer events at the school. (See prior posting.) On Monday, Alliance Defense Fund announced that the lawsuit has been settled with the entry of a Consent Order (full text). The order makes the preliminary injunction permanent and requires that any new policy restricting religious speech on posters must be reasonable, viewpoint neutral and in accordance with federal law. The Wilson County School Board also paid $50,000 of plaintiffs' attorneys fees and paid nominal damages of $1. The settlement come just in time for this year's See You At the Pole event scheduled nationally for Sept. 23.

Q&A On Faith Healing and the Law Posted

The Pew Forum on Monday posted a Q&A interview on Faith Healing and the Law featuring George Washington University Professor Robert W. Tuttle. Among other issues, Tuttle reflects on the Establishment Clause questions posed by state law exemptions from abuse and neglect statutes for those who rely on faith healing for their children.

Civil Rights Division Will Return To Traditional Agenda Without Ending Religious Discrimination Initiatives

Today's New York Times reports that U.S. Attorney General Eric Holder is pressing major changes in the Justice Department's Civil Rights Division by refocusing on its traditional role that emphasized racial discrimination cases. The Division will again focus on high-impact cases involving voting rights, housing, employment discrimination, bank lending and Congressional redistricting. This shift was widely expected when Holder's nomination was announced. The Bush administration had shifted Division resources to focus on issues such as religious discrimination and human trafficking. (See prior posting.) Holder does not plan to dismantle these efforts, but instead to hire enough additional attorneys to do everything.

Christian Groups May Not Intervene To Challenge Plan B Decision

A New York federal district court has denied a motion by three conservative Christian groups to intervene in a lawsuit in order to challenge a ruling by the court requiring the Food and Drug Administration to make Plan B emergency contraceptives available to 17-year olds without a prescription. (See prior posting.) The groups attempted to intervene after the FDA decided not to appeal the court's ruling. (Full text of Memorandum in Support of Motion to Intervene.) In Tummino v. Hamburg, (ED NY, Aug. 27, 2009), the court held that the groups lack standing to intervene, and that their motion to intervene was not timely filed. The court rejected arguments by Concerned Women for America, Christian Medical & Dental Associations, and Christian Pharmacists Fellowship International that they had suffered informational and procedural injuries, that the court's decision will force pharmacists to sell misbranded drugs, that they had third party standing and that the change in status of the prescription drug gave them standing. Finally, the court rejected intervenors' motion for an extension of time to appeal. LifeSite News yesterday reported on the decision, as did the New York Law Journal.

Court Says Injunction Request Is Moot In Suit Against History Teacher

In C. F. v. Capistrano Unified School District, 2009 U.S. Dist. LEXIS 76932 (CD CA, July 27, 2009), a California federal district court refused to grant injunctive and declaratory relief to a high school student and his parents in their suit against high school history teacher James Corbett. In an earlier decision (see prior posting), the court found that the teacher's statement in class characterizing Creationism as "superstitious nonsense" violated the Establishment Clause. However now the court concluded that the proposed injunction to bar Corbett from expressing any disapproval of religion while acting in his official capacity as a public school employee was overbroad. It also held that any request for a narrower injunction is moot since plaintiff is no longer in Corbett's class. Finally it concluded that a declaratory judgment would serve no useful purpose.

Former Miss California USA Sues Claiming Religious Discrimination

Former Miss California USA, Carrie Prejean, yesterday filed a lawsuit in a California state court against Miss California pageant officials accusing them of religious discrimination, as well as defamation , disclosure of private medical facts and intentional and negligent infliction of emotional distress. Prejean's title was taken away in June 2009, allegedly for breach of contract. The complaint (full text) in Prejean v. Lewis, (Los Angeles Superior Ct., filed 8/31/2009), alleges in part that defendants violated California's Unruh Civil righs Act (CA Civil Code Sec. 51) by conspiring to have Prejean dismissed as Miss California USA because she insisted on publicly expressing her religious beliefs opposing same-sex marriage. Entertainment Tonight reports on the lawsuit. (See prior related posting.)

Scotish Tribunal Asks European Court If Volunteer Is Covered By Discrimination Directive

In Scotland, a Glasgow employment tribunal has ruled that a case should be referred to the European Court of Justice for a preliminary determination of whether EU's employment discrimination directive applies to a volunteer. Today's Scotsman reports on the religious discrimination charges filed by Church of Scotland minister Mahboob Masih, who for six years co-hosted a radio show for Awaz FM on a voluntary basis. He was terminated after a show featuring a "lively" debate about religion and the views of a prominent Muslim speaker. He was directed to apologize on air, which he did. However he refused an additional demand that he go to a local mosque and offer a second apology.

6th Circuit Rejects Discrimination Claim, But Finds Standing For Funding Challenge

In Pedreira v. Kentucky Baptist Homes For Children, Inc., (6th Cir., Aug. 31, 2009), the U.S. 6th Circuit Court of Appeals ruled on two separate groups of claims against KBHC, a faith-based agency providing residential treatment facilities and other services for abused and neglected children. It rejected an employment discrimination claim under the Kentucky Civil Rights Act brought brought by a Family Specialist who had been fired because she was a lesbian. The court said that plaintiff introduced no evidence to show how that constituted discrimination based on her religion.

The second group of claims were challenges under the Establishment Clause to the flow of state funds to KBHC. The court concluded that plaintiffs lacked standing as federal taxpayers to challenge the channeling of federal child care funds to KBHC by the state of Kentucky. It is not enough that the federal statutes merely failed to prohibit the unconstitutional use of these funds. However, the court held that plaintiffs do have standing as state taxpayers to challenge the $100 million of state funds paid to KBHC to care for children. Americans United issued a press release announcing the decision. (See prior related posting.)

Resignation of Scranton Bishops May Reflect Rejection of Anti-Obama Wing

At a press conference (video) yesterday, the Catholic diocese of Scranton, Pennsylvania announced that 63-year old Bishop Joseph F. Martino has resigned for health reasons. (Full text of Bishop Martino's statement.) Also retiring is 77-year old Auxiliary Bishop John M. Dougherty. Cardinal Justin F. Rigali, Archbishop of Philadelphia, was appointed by Pope Benedict XVI as temporary as Apostolic Administrator of the Scranton Diocese. (Full text of Cardinal Rigali's statement.)

Politics Daily yesterday posted an extensive analysis of the political implications of the resignations. Martino had become politically controversial during the 2008 election when he announced that vice-presidential candidate Joe Biden, a native of Scranton, would be denied communion because of his pro-choice views if he tried to receive communion at a church in the Scranton diocese. He also had a letter read during masses last October telling parishioners that voting for a pro-choice politician was equivalent to endorsing "homicide." Martino has also clashed with Catholic universities in his diocese and has irritated others with his abrasive style. The resignations may reflect growing dissatisfaction by fellow-bishops and the Pope with the anti-Obama rhetoric of some U.S. bishops.

Suit Challenging "40 Developmental Assets" Program Is Settled

Last October, a federal district court rejected an Establishment Clause challenge to the Cherry Creek, Colorado School District's "40 Developmental Assets" program. (See prior posting.) In a suit brought by Freedom from Religion Foundation, plaintiffs objected to one of the 40 positive behaviors that parents were encouraged to build in their children-- encouraging children to spend one or more hours per week in activities in a religious institution. Subsequently FFRF filed a new complaint, this time linking the 40 Developmental Assets to a Lutheran, scripture-based program. Yesterday FFRF announced that the lawsuit has been settled. (Full text of settlement agreement.) "Asset 19" in the program will be changed to read: "Intergenerational Activities – Young person spends one or more hours per week in activities with civic, social, governmental, scientific, educational, charitable, faith based or secular (non-religious) organizations."

3rd Circuit: Harassment Case Alleges Sexual Orientation, Not Religious, Discrimination

In Prowel v. Wise Business Forms, Inc., (3d Cir., Aug. 28, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim by plaintiff who alleged that his employer harassed him because he did not conform to his co-workers' religious beliefs. Plaintiff is a gay male, and, he alleged, several of his co-workers considered that contrary to being a good Christian. The court concluded that plaintiff was harassed not because of religion, but because of his sexual orientation. However the court allowed plaintiff, an effeminate male, to move ahead with his "gender stereotyping" claim. Plaintiff had adduced enough evidence to go to the jury on whether that, rather than his sexual orientation, was the reason for actions directed at him. Courthouse News Service yesterday reported on the decision.

Parishioners Come Armed To Defend Pastor Who Prays For Obama's Death

In Tempe, Arizona yesterday, members of the Faithful Word Baptist Church came to services armed with guns after Pastor Steven Anderson said he and his congregation have received death threats. The threats came in response to a sermon by Anderson earlier this month titled "Why I Hate Barack Obama", in which Anderson said that he prays for Obama's death. (recording of sermon.) Yesterday Anderson says he wants this to occur by natural causes: "I don't want him to be a martyr, we don't need another holiday," he said. All of Anderson's recent sermons are on the church's website. ABC15 News today reports that Anderson yesterday welcomed his armed parishioners, saying that "guns are a great deterrent." The night after Anderson's Aug. 16 anti-Obama sermon, one of his parishioners, Christopher Broughton, carried an AR-15 semi-automatic assault rifle outside President Obama's speech to the VFW at the Phoenix Convention Center.

Paper Explores Different Takes on Rifqa Bary's Case In Florida

Yesterday's Orlando (FL) Sentinel carries a long article giving a different perspective on the family of Rifqa Bary, the 17-year old girl who fled her parents' home in Columbus, Ohio after converting from Islam to Christianity. The girl says her father threatened to kill her because she converted. A Florida court has ordered her into protective temporary foster care. (See prior posting.) Rifqa's father, Mohamed Bary, says that when school ended this year, Rifqa began spending all night online on Facebook, talking with evangelical Christians and withdrawing from her family and friends. He says some of these people turned her against her family. Those who know the Bary family say that 47-year old Mohamed Bary, a salesman of jewelry and Amway products, would never hurt his daughter. Rifqa's parents learned of her conversion a year ago. They discouraged her carrying a Bible to school, concerned that she would get in trouble for violating separation of church and state. Her father said he merely encouraged Rifqa to learn more about Islam.

Now today's Orlando Sentinel reports that the Bary case threatens to turn into an anti-Muslim campaign by some evangelical Christians. Rifqa's attorney, John Stemberger, exemplifies the rhetoric, saying: "My concern is she is literally a dead girl if she is sent back to Ohio. It's only a matter of time until she disappears into the night." At the same time, a Christian church in Gainsville posted a sign on its property reading: "Islam is of the Devil," and several children were sent home from school for wearing the same slogan on T-shirts. Imam Tariq Rasheed, director of the Islamic Center of Orlando, says this is a misrepresentation of Islam.

UPDATE: According to the Sept. 1 St. Petersburg Times, Rifqa Bary's attorney has released two documents. One is a memo (full text) arguing that the leaders of the Noor Islamic Cultural Center in Dublin, Ohio have links to terrorist organizations. A second is an affidavit from Rifqa (full text) indicating that her parents are actively involved in that mosque.

High School Band T-Shirt Pulled Back After Evolution Theme Draws Complaints

In Sedalia, Missouri, T-shirts promoting the Smith-Cotton High School band's fall program have been pulled back by school officials after complaints from some parents. Yesterday's Springfield (MO) News-Leader reports that the T-shirts feature an image of a monkey progressing through various stages of evolution to eventually become a human being. Each figure holds a brass musical instrument that also evolves, illustrating the band's theme "Brass Evolutions." Assistant Superintendent Brad Pollitt explained the recall by saying that the school district is required to remain neutral on matters of religion. "If the shirts had said 'Brass Resurrections' and had a picture of Jesus on the cross, we would have done the same thing," he said. Other parents were angry that the shirts had been removed. A report by the Sedalia Democrat includes a photo of the offending shirt.

Space Shuttle Carries Relic From Historic Christian Missionary Aviation Episode

The U.S. space shuttle Discovery docked with the international space station yesterday, bringing equipment, food and new laboratory equipment. (Reuters.) While a great deal of attention has been given to the new treadmill (named after Comedy Central television host Stephen Colbert) which was on board Discovery, less attention has been given to another item taken along on the trip. According to World Mag, Astronaut Patrick Forrester convinced NASA to allow him to bring along the battery box from the Piper AP-14 flown by Christian missionary pilot Nate Saint, who was murdered along with 4 others by Waodani (Huaorani) Indians in Ecuador in 1956. (Background.) Forrester hopes this will renew interest in mission aviation. Last week, American Atheists issued a statement objecting to use of taxpayer funds in this manner. Its president, Dr. Ed Bruckner said: "NASA is a scientific and exploratory agency that is funded by taxpayers. Its mission should not include religious grandstanding, or efforts to use outer space as a pulpit for religion."

Muslim Man Complains Probation Service In Britain Refuses Religious Accommodation

In Birmingham, England, a Muslim man-- once active in the Conservative Party-- is objecting to the way he is being treated by the West Midlands Probation Service. Yesterday's Birmingham Mail reports that 43-year old Gulfram Khan was sentenced to a total of 270 hours of community service on two separate charges. One involved his racially insulting an Irish policeman who Khan says discriminated against his family. The second conviction stems from Khan's losing his temper at a civil court judge presiding over a financial management hearing. Khan is supposed to perform 8 hours of unpaid work each Wednesday through December. He asked, however, for a two-hour break in his community service schedule during Ramadan, fearing that his fasting would leave him unable to work the full time. His request was refused, and Khan now says that the Probation Service is prejudiced against Muslims.

Recent Articles and Book of Interest

From SSRN:

• Brian Michael McCall, The Architecture of Law: Building Law on a Solid Foundation the Eternal and Natural Laws, (August 26, 2009).
• Bernadette A. Meyler, Commerce in Religion, (Notre Dame Law Review, Vol. 84, No. 2, 2008).
• Bernadette A. Meyler, Summum and the Establishment Clause, (Northwestern University Law Review Colloquy, Vol 104, p. 95, 2009).

Recent Book:

• Timothy J. Mockaitis, The Seal: A Priest's Story (2009), interview with author at Zenit.

Minnesota Investigating Use Of Lease Aid Funds By Charter School

Yesterday's Minneapolis Star Tribune reports that, in its latest encounter with the Tarek ibn Ziyad Academy, the Minnesota Department of Education is investigating whether the charter school improperly used state funds to subsidize mosques on its two campuses. TiZA has received a total of $2.23 million since 2003 under the state's lease aid program that is designed to help state charter schools rent adequate facilities. For over a year the state has been looking into questions of whether the school has violated constitutional requirements for religious neutrality. (See prior posting.)

Recent Prisoner Free Exercise Cases

In McBride v. Frank, 2009 U.S. Dist. LEXIS 74284 (ED WI, Aug. 21, 2009), a Wisconsin federal district court held that an inmate was barred from relitigating his claim that his free exercise rights were violated by a denial of religious materials while in segregation. He had lost on this claim in prior litigation.

In Washington v. Adams, 2009 U.S. Dist. LEXIS 74355 (ED CA, Aug. 21, 2009), a California federal magistrate judge recommended that an inmate's habeas petition be dismissed. His claim that he was denied his free exercise rights when he was not allowed to change his name is merely a challenge to conditions of confinement for which habeas corpus is not available.

In Tribesman v. California Correctional Peace Officers Association, 2009 U.S. Dist. LEXIS 74734 (CD CA, Aug. 21, 2009), a California federal magistrate judge recommended dismissal of an inmate's claim that his free exercise rights were infringed when he not allowed to attend his grandmother's funeral. It also dismissed more general free exercise claims against a correctional officer's association finding that it was not involved in determining how Native American prisoners would be treated. However the magistrate recommended that plaintiff be allowed to file an amended petition against one of the prison chaplains who allegedly denied Native Americans supplies for their sweat lodge ceremony.

In Wakefield v. Tilton, 2009 U.S. Dist. LEXIS 75391 (ED CA, Aug. 25, 2009), a California federal magistrate judge recommended dismissal of an inmate's claim that by denying his request for daily showers, the prison's Protestant chaplain violated his free exercise rights. Plaintiff claimed this was a requirement of his Seventh Day Adventist religion.

In Webb v. Smartwood, 2009 U.S. Dist. LEXIS 75283 (WD MO, June 15, 2009), a Missouri federal magistrate judge rejected free exercise claims by plaintiff who was in custody of the state Department of Mental Health. Plaintiff alleged that administering of the psychiatric drug Ativan to him violated his free exercise rights, but the court found that this claim was not supported by the evidence. Plaintiff failed to show that his alleged belief in Scientology was sincere.

In Pogue v. Woodford, 2009 U.S. Dist. LEXIS 75943 (ED CA, Aug. 26, 2009), a California federal magistrate judge recommended that most of the numerous claims by a Muslim prisoner that his religious practices were infringed (access to Jumu'ah services, lack of an imam, grooming, prayer oil, single cell status) be dismissed, but allowed him to move ahead on a claim for injunctive relief to obtain the prison's kosher diet while plans for a halal diet are being implemented.

In Scott v. Crites, (TX Ct. App., Aug. 26, 2009), a Texas state appellate court affirmed dismissal of a Native American prisoner's challenge to authorities' search of his medicine bag. Plaintiff failed to argue that prison policies on medicine bags substantially burdened his exercise of religion.

In Bailey v. Ozmint, 2009 U.S. Dist. LEXIS 76651 (D SC, July 27, 2009), a South Carolina federal magistrate judge recommended that a Muslim inmate's challenge to prison grooming regulations be dismissed.