Scientology-Based Drug Program Dropped From California Schools

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

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

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

Religious Group Challenges Ohio Library's Meeting Room Use Rule

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

Uzbekistan Controls Religious Literature

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

Fifth Circuit Finds China's Actions Are Not Religious Persecution

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

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

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

License Suspension In Child Support Case Opposed on Free Exercise Grounds

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

Australian Islamic Party Wants Sharia For All Aussies

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

Positions of Jewish Groups On Roberts

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

Commercial Tenant Claims Haunted Building Violates His Religious Principles

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

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

Minister Blesses Senate Hearing Rooms Before Roberts Hearings

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

KY County Changes Mind On 10 Commandments Monument

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

Indonesia President To Remedy Church Closings

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

Rehnquist Dies; Legacy Includes Religion Clause Decisions

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

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

India Supreme Court Refuses Loudspeakers For Religious Festivals

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

France Considers State Funding of Mosque Construction and Clergy Training

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

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

CLS Settles With Arizona State

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

Israel's High Court To Reconsider Gaza Synagogue Issue

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

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

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

License Requirement For Photo Without Veil Upheld

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

Soledad Cross Conveyance Nixed By Court

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

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

Procedural Dismissal of Prisoner's Religious Claim Overturned

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

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

Denial of Enlistee's CO Claim Upheld

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

Order and Opinion of Pakistan Supreme Court In Hasba Bill Case

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

South African Lawyer May Press Religion Claim At UN Body

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

Indonesia Court Sentences Christian Women To 3 Years In Prison

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

Prison Officials Had Qualified Immunity

In Rachimim v. Oritz, decided by the US Tenth Circuit Court of Appeals on Aug. 31, the court found that prison officials were entitled to qualified immunity in a claim for monetary damages growing out of their refusal in certain past years to provide Jewish prisoners with a kosher diet. It also agreed with the district court that an injunction was not needed because prison officials were now providing kosher food to prisoners.

Congressman Criticizes Air Force Religion Guidelines

As I reported in a previous posting, recently the Air Force issued Guidelines discouraging public prayer at most official functions. The Forward today reports that U.S. Representative Walter B. Jones, the North Carolina member of the Armed Services Committee, has strongly criticized the Guidelines as an assault on "the Judeo-Christian values of America" and argued that the Air Force was "yielding to outside political pressure". In July, Jones introduced a bill (HR 3430) that would protect voluntary non-denominational prayer at military academies.

LA Governor Calls For Day of Prayer

On Tuesday, in the wake of Hurricane Katrina and the chaos in New Orleans, Louisiana Governor Kathleen Blanco declared Wednesday, August 31 a "Day of Prayer in the State of Louisiana". She said, "I know, by praying together on Wednesday, that we can pull together and draw strength we need; strength, that only God can give us." The propriety of this kind of declaration has been the subject of a rather heated debate on Religionlaw listserv. (Follow the thread for "Floodwaters and Undermined Walls".)

NLRB Rejects RFRA Claim of Religious College

On August 26, the National Labor Relations Board issued its decision in Carroll College, Inc. and International Union, UAW , involving a religious college's challenge under the Religious Freedom Restoration Act to forcing it to engage in collective bargaining with its faculty. (See prior posting). Carroll College argued that requiring it to bargain collectively would interfere with its right to decide autonomously whether faculty members are satisfactorily conforming to the Protestant theological tradition and the tenets of the "reformed" Presbyterian Church. The Board held, however, that this contention was not supported by the evidence. Hypothetical possibilities are not enough to satisfy RFRA's requirement that there be a substantial burden on free exercise of religion before its provisions apply. In so holding, the Board made it clear that they would follow the 2002 decision of the D.C. Circuit Court of Appeals in NLRB v. University of Great Falls, that RFRA could apply even though a religiously affiliated school was not completely exempt from the NLRA. [Thanks to Steven Sholk for the lead on this decision.]

Does Establishment Clause Affect Liability Insurance?

Perhaps an over-reaction to Establishment Clause concerns is reflected in an incident reported yesterday by the Insurance Journal from Preston, Idaho. It seems that the Franklin County Senior Citizen Center provided a 15-passenger van twice a week for any seniors who wanted to go to Logan, Utah. They would visit the Logan Temple of the Church of Jesus Christ of Latter Day Saints, go to Wal-Mart, get ice cream and lunch, and return home. But then someone questioned whether there was a church-state problem in using the van this way. So the center's manager stopped the bus rides until she could make sure that the county's insurance policy covered the trips even if the seniors were going to the Mormon Temple. It seems that now they have received assurance that as long as the trip is not exclusively to the Temple, there is no problem. But the center is still waiting for a report at the next formal board meeting before they resume the trips.

Court Accepts VT Magistrate's License Plate Recommendations

The Rutland Vermont Herald reports today that federal district court judge J. Garvan Murtha has accepted the Magistrate's Report in Byrne v. Terrill, 2005 WL 2043011 (D.Vt., Aug. 1, 2005). (See prior posting.) Plaintiff is attempting to force the Vermont Department of Motor Vehicles to issue a "vanity" license plate with the number JN36TN, a reference to a Biblical verse. The decision refuses to preliminarily enjoin the DMV from enforcing its regulation against references to religion on license plates. However, it permits plaintiff to attempt to prove that the DMV is violating the equal protection clause or engaging in prohibited viewpoint discrimination by permitting some religious references on license plates and denying others.

Israel's High Court To Face Claim For Equal Treatment of Reform Woman Rabbi

Haaeretz reports today on a case that is about to be filed in Israel's High Court of Justice by the Religious Action Center of Israel's Movement for Progressive Judaism. It will seek to require the government to honor the request of the Gezer Community Council to allot one of the government paid city rabbinical positions to a Reform rabbi, Miri Gold, the rabbi of Kibbutz Gezer in central Israel. The case will raise two important questions: Is a Reform or Conservative rabbi entitled to receive a salary from the state as the rabbi of a community, and, if so, does this entitlement apply to a female rabbi? Currently, no liberal rabbi is recognized by the state as the rabbi of a neighborhood, community or city.

The Religious Action Center's release on the upcoming case says that they are not only seeking a position for Rabbi Gold, but a change in the procedures for qualifying for a salary as a community rabbi.

Prisoner's Establishment Clause Claim Not Ripe

Earlier this week, in Duquette v. New Hampshire, (USDC D NH, Aug. 29, 2005), the New Hampshire federal district court avoided deciding a claim that the state prison system's sexual offender program is a religious program the violates the Establishment Clause. The court found that since plaintiff will not be eligible to enroll in the program until near the end of his 20 year sentence, his claim is not ripe at this time.

Interparliamentary Religious Freedom Conference Will Be In Morocco

The Third Session of the Interparliamentary Conference on Human Rights and Religious Freedom will be held in Marrakech, Morocco on Nov. 28 through Dec. 1. According to a report today by the Christian Communication Network, national parliaments, organizations, and individuals are registering in unprecedented numbers. Participation is expected from over 75 countries. For the first time, an international parliamentary assembly on the topic of religious freedom is being held in a pre-dominantly Muslim country.

New National Survey On Religion and Political Attitudes

Yesterday, a new national survey on religion, politics and public policy issues was released by the Pew Research Center for the People & the Press and Pew Forum on Religion & Public Life. A lengthy summary, as well as the full report, are available online.

The survey finds that by a margin of 51% to 28% ,­ the Republican Party is seen as most concerned with protecting religious values, while by a margin of 52%-30% the Democratic Party is seen as most concerned with protecting the freedom to make personal choices. 44% of those surveyed say that liberals who are not religious have too much control over the Democratic Party, while 45% say that religious conservatives have too much influence over the Republican Party. On evolution and the origins of life, 48% of the public says that humans have evolved over time, while 42% say that living things have existed in their present form since the beginning of time. 64% of those surveyed say they are open to the idea of teaching creationism along with evolution in the public schools, and 38% favors replacing evolution with creationism. Two thirds of respondents say that liberals are going too far in trying to keep religion out of schools and the government. The survey covers a number of other issues as well.

Naval Academy To Continue Lunchtime Prayer

While the Air Force issued a policy statement this week discouraging public prayer in most Air Force sponsored activities, the Navy plans to continue its practice of having chaplains at the Naval Academy say grace before lunch each day. (See prior posting.) The Baltimore Sun reports on this today, saying that during each mandatory lunch, all midshipmen stand for announcements and nondenominational prayer led by Catholic, Jewish or Protestant chaplains.

Law Review Articles Recently Published

New law review articles from this week's SmartCILP:
Jordan C. Budd, Cross Purposes: Remedying the Endorsement of Symbolic Religious Speech, 82 Denver Univ. Law Rev. 183-257 (2004).

Susan J. Stabile, State Attempts To Define Religion: The Ramifications of Applying Mandatory Prescription Contraceptive Coverage Statutes To Religious Employers, 28 Harvard Jour. of Law & Public Policy 741-780 (2005).

Symposium: Religious Education and the Liberal State, 44 Journal of Catholic Legal Studies 57-231 (2005).

Complaint in Christian School Challenge to UC Now Online

The full text of the complaint in Association of Christian Schools International v. Stearns is now available online. This suit challenges the University of California's refusal to recognize certain courses from fundamentalist Christian high schools as meeting UC's course requirements for those applying for admission. (See prior posting.) Further discussion of the case (and the lead to the link) is on The Questionable Authority blog.

Air Force Issues Interim Religious Guidelines

The Air Force Times reported yesterday that new Interim Guidelines (full text) on religious tolerance have been adopted by the Air Force in the wake of allegations that at the Air Force Academy, evangelical Christians created a hostile atmosphere for non-Christians. The new guidelines discourage public prayer at functions like staff meetings, office meetings, classes and sports events or practices. They urge commanders to be sensitive that personal expressions of religious faith can easily be mistaken for official expressions. They also tell chaplains to to "respect the rights of others to their own religious beliefs, including the right to hold no beliefs." However, the Guidelines point out that in situations like mass casualties or preparation for imminent combat, the potential benefit of public prayer may outweigh the potential of causing discomfort.

The official Air Force release announcing the Guidelines quotes Lt. Gen. Robert A. Brady as saying: "In a world where many nations are torn apart by religious strife, we must understand that our ability to stand together -- those who represent many religions shoulder-to-shoulder with those who claim no religion -- is a great strength."

IL Mosque Loses Bid For New Trial In Claim Against City

Last week, a suburban Chicago mosque lost its bid for a new trial in its failed attempt to purchase a church building over the objections of local residents and city council. (See background article.) In Al Salam Mosque Foundation v. City of Palos Heights, 2005 U.S. Dist. LEXIS 18237 (USDC ND Ill., Aug. 26, 2005), an Illinois federal district court rejected a series of objections raised by plaintiff to an earlier jury verdict. The jury rejected plaintiff's claim that its religious freedom rights under the First Amendment and the Illinois Religious Freedom Restoration Act had been infringed by the city. The mosque reluctantly backed out of a contract to purchase a Palos Heights church building after it was unable to get written confirmation from the city that the property could be used by it as a mosque and school. The court said that plaintiff had not shown that the city itself did anything to interfere with plaintiff's rights.

Beard Prohibition Deters Recruiting Jewish Military Chaplains

An August 26 article in The Forward points out that the severe shortage of Jewish chaplains in the military is exacerbated by the military's insistence that beards are not permitted. Only 29 Jewish chaplains are on active duty in the military. Many young Chabad-Lubavitch rabbis might be interested in enlisting if beards were permitted. Unlike some Orthodox Jewish groups which permit shaving with an electric razor, Chabad prohibits removal of facial hair by any means. The military insists however that beards interfere with the effective use of gas masks. One bearded Lubavitch rabbi does serve in the military, though, because he, as well as Sikhs with beards, who were in the service before 1986 were exempted from the requirement.

German Court Rules Against Muslim School Teacher

In Germany, the Superior Administrative Court in Bremen has ruled against a Muslim public school teacher who insists on wearing a headscarf while teaching. Bernama reports today that the decision upholds an amendment to Section 38 of the School Act enacted by the Bremen Parliament in June providing: "Teachers at public schools... are not allowed to exercise political, religious, ideological or similar manifestations that may endanger or disturb the neutrality of the country towards pupils or parents or the political, religious or ideological peace of the school." The judges held that the head scarf constitutes an "abstract danger for the education mandate given to the state and also for the peace in school".

College Instructor Claims Unconstitutional State Religious Endorsement

An adjunct instructor at Florida's Broward Community college has sued claiming that he was not hired to teach more courses because the school's religion department has embraced Christian fundamentalism. James W. Johnson, who is Catholic, charges that state-supported community college is discriminating against nonfundamentalists in violation the Florida Constitution that prohibits using state money "directly or indirectly in aid of any church, sect, or religious denomination." Today's South Florida Sun Sentinel reports on the filing of the lawsuit in Broward County Circuit Court by Johnson who has taught religion part time at the college for 12 years.

Americans United Report Opposes Roberts Nomination

Today, Americans United For Separation of Church and State issued a report titled Religious Minorities At Risk: A Report In Opposition to the Nomination of John G. Roberts Jr. to the United States Supreme Court. The 19-page report concludes that:

At every step of his legal career, Roberts has advanced an exceedingly narrow reading of the constitutional provision that was designed to ensure a healthy separation of church and state. He has time and again advocated a legal standard that jettisons longstanding protections against over-reaching by religious majorities.... Roberts may claim that he took some of these positions because they represented the views of his clients or employers, rather than his own. But if that were so, one would expect to find writings advancing varied positions from a range of perspectives. Instead, Roberts’ writings ... present a remarkably consistent vision: a federal court system that is wholly unreceptive to the Establishment Clause concerns of religious minorities.

A press release accompanying the Report quotes AU executive director Rev. Barry W. Lynn as saying: "I urge every senator to read this report and then vote against Roberts' confirmation. I understand why Jerry Falwell and Pat Robertson support Roberts' confirmation. I don't understand why anyone else would."

The American Center for Law and Justice immediately issued a release criticising AU's Report.

New SSRN Postings

New papers on SSRN:
Gregory A. Kalscheur, Christian Scripture and American Scripture: An Instructive Analogy?

Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders under the Establishment Clause.

No Unemployment Comp Exemption For Christian School In VT

On Friday, the Vermont Supreme Court decided Mid Vermont Christian School v. Department of Employment and Training, rejecting the claim of an independent Christian school that it should be exempt from the state’s unemployment compensation law. The Court affirmed the determination of the state’s Employment Security Board that Mid Vermont Christian School fit neither of the statutory exemptions (21 VSA 1301(6)(C)(vii)(I)) —(1) a church or association of churches, or (2) an organization operated primarily for religious purposes which is operated, supervised, controlled, or principally supported by a church or association of churches.

The school claimed that requiring it to pay unemployment compensation violated the First Amendment and the Equal Protection Clause of the Federal Constitution, and the Common Benefits Clause of the Vermont Constitution. However the court disagreed, saying that all of the school’s constitutional arguments were based on its claim that the Vermont distinguishes between religious schools owned or operated by churches and those run independently. However, church-run schools are also subject to the tax, since they are operated for educational, not religious, purposes.

Christian Schools Sue University of California Over Admissions

Last Thursday, the Calvary Chapel Christian School in Murrieta, California along with the Association of Christian Schools International filed suit in federal district court in Los Angeles against the University of California system alleging violations of plaintiffs’ First Amendment rights. California newspapers, including the Long Beach Press Telegram, the San Diego Union-Tribune and the Los Angeles Times have reported on the lawsuit which alleges unconstitutional discrimination by UC admissions officials against the Christian perspective in various courses offered by Christian schools.

The UC system requires entering students to have completed certain high school science, English and history courses in order to be admitted, though those who have not can try to obtain admission based solely on their SAT scores. The Universities last year began sending a form letter to many Christian high schools indicating that some courses they teach will not be accepted as meeting the universities’ minimum standards. Courses using two popular Christian biology textbooks that challenge evolution are not acceptable. UC says that the outlines in courses using these are “not consistent with the viewpoints and knowledge generally accepted in the scientific community.” The UC system also rejected a Calvary Chapel Christian School history course titled "Christianity's Influence on American History”, an English course titled “Christianity and Morality in American Literature” and a government course titled “Special Providence: American Government”. [Thanks to Ed Brayton and Allen Asch via Religionlaw listserv for leads on this posting.]

Petitioner's Brief In O Centro Available

The Petitioner's Brief on the Merits in Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, scheduled for argument before the US Supreme Court on November 1, 2005, is now available online. The Brief describes the question presented as:

Whether the Religious Freedom Restoration Act of 1993 ... requires the government to permit the importation, distribution, possession, and use of a Schedule I hallucinogenic controlled substance, where Congress has found that the substance has a high potential for abuse and is unsafe for use even under medical supervision, and where its importation and distribution would violate an international treaty.

However, the case may be seen as presenting only the narrower issue of what is the appropriate standard for granting a preliminary injunction under the Religious Freedom Restoration Act. (See prior posting.)

Jewish Synagogue Group Endorses Roberts

In a move seen as somewhat unusual, the United Synagogue of Conservative Judaism has sent a letter to the Chairman of the Senate Judiciary Committee endorsing Supreme Court nominee John Roberts as "qualified to serve". The August 22 letter to Sen. Arlen Specter from USCJ's Public Policy Committee says that its conclusion is based on a Position Paper on Federal Judicial Nominations adopted by USCJ in June. The Paper concludes that the criteria for an acceptable judge are:

1) – be well trained, well educated and enjoy wide respect among diverse segments of society.
2) – eschew an ideologically defined approach to judicial interpretation. That is to say, a jurist should be neither an activist for change nor an unalterable opponent thereof.
3) – demonstrate in his or her past decisions a balanced respect for foundational documents, reasonable interpretation and societal realities.

The Baltimore Jewish Times today reports that this is the first time that USCJ has endorsed a Supreme Court nominee. USCJ is the parent body of Conservative synagogues in the United States and Canada.

ACLU Sues On Behalf Of Mormon Prisoner

The ACLU of Louisiana announced on Friday that it has filed suit against the Louisiana Department of Corrections on behalf of Norman Sanders, a Mormon prisoner who has been denied access to religious materials. Also Sanders' requests that Mormon religious services be held in the prison have been ignored. Under a 2003 policy change, the Louisiana State Penitentiary at Angola permits inmates to order books and other written materials only from vendors on an "approved vendor list". The prison has refused to add vendors such as Brigham Young University, to the list. The Complaint (full text) says that the LDS Church itself-- which sells copies of scriptures but not other kinds of religious books-- is on the approved list, but that requests for books from it have been returned to Sanders by prison employees without comment.

Parish Properties Part of Diocese Assets In Bankruptcy

In Committee of Tort Litigants v. Catholic Diocese of Spokane, (US Bkrpty. Ct., ED Wash, Aug. 26, 2005), the court found that parish churches, schools and similar properties are all assets that can be liquidated to pay off Diocese creditors in the Spokane Diocese’s pending bankruptcy proceedings. The Diocese filed for bankruptcy because of mounting liabilities from clergy sexual abuse cases. The Bankruptcy Court rejected the argument that it should apply Canon law that treats church and school properties as belonging to individual parishes. (See prior posting.) It held that it must apply normal civil rules of law and that doing so does not interfere with the churches' free exercise of religion.

The court found that the legal titleholder of all the properties is the “Catholic Bishop of Spokane”. The Bishop is a “corporation sole” under Washington law, and the corporation’s articles provide that all of its property is held by it “in trust for the use, purpose, and benefit and behoof of the Roman Catholic Church of the Diocese of Spokane….” The court also found that even though most of the property had been acquired, improved and maintained from gifts of parish members who thought that their gifts were for the benefit of the individual parish, this does not change the result. The deeds were not in the names of the parishes. [The case has been discussed in media reports by the Associated Press, and is also discussed on Mirror of Justice blog.]

UPDATE: Catholic News Service reports on Aug. 29 that the Bishop of Spokane will appeal the Bankruptcy Court's ruling.

Religious Bias In CA Jury Selection Rejected

The Metropolitan News-Enterprise reported yesterday on a continuing jury selection practice controversy in California. Earlier this year, a former Alameda County prosecutor, John Quatman, charged that it was standard practice in the county for prosecutors to use peremptory challenges to exclude Jews from juries in capital cases. One case in which this challenge is being raised is People v. Schmeck. On Thursday, the California Supreme Court rejected the claim in that case (full text of opinion), finding that the prosecution had given valid reasons for challenging two Jewish members of the jury pool on voir dire. The Supreme Court also said that there was no evidence of discrimination because most of the jurors had not even been questioned about their religion, and prosecutors had no other way of determining their religious affiliations. This is not the end of the issue, however. Schmeck’s lawyers are separately pursuing the issue on habeas corpus. They claim that 27 of 29 potential Jewish jurors were stricken in capital cases during the period in which Schmeck tried.

Update On Quran In NC Courts

In postings last month (1, 2), I discussed the refusal of courts in North Carolina to permit witnesses to be sworn on the Quran instead of the Christian Bible. In late July, the ACLU of North Carolina sued to challenge the practice. I have discovered that a copy of their full complaint is available online. It asks the court to declare that the statute that calls for witnesses to be sworn on the Holy Scriptures should be interpreted to include not just the Christian Bible, but other religious texts such as the Quran, the Old Testament and the Bhagavad-Gita. Alternatively, if the statute is not that broad, the ACLU asks that the statute be declared unconstitutional as a violation of the Establishment Clause. [Thanks to James Lung for the information.]

RLUIPA Victory For Michigan Church

In Living Water Church of God d/b/a Okemos Christian Center v. Charter Twp. of Meridian, 2005 WL 2035048 (USDC WD Mich., Aug. 23, 2005), a federal district court held that Meridian Township, Michigan’s denial to a church of a Special Use Permit to construct a school building in excess of 25,000 square feet violated the Religious Land Use and Institutionalized Persons Act. The denial, the court found, imposed a substantial burden on the church’s religious exercise, was not in the furtherance of a compelling government interest, and was not the least restrictive means of furthering a compelling government interest. On Thursday, the Detroit Free Press reported on the case, pointing out that the Okemos Christian Center sued the township in December 2003 after the township rejected a request by the church to expand its facility.

NY Divorce Case Interprets "Get" Law

In Sieger v Sieger, 2005 N.Y. Misc. LEXIS 1808 (Sup. Ct. Kings Co., June 29, 2005) , an opinion which has just become available, an interesting aspect of New York divorce law is at issue. New York's Domestic Relations Law (DRL Sec. 253) was designed to permit civil courts to impose pressure on a Jewish husband to give his wife a "get" (religious bill of divorce) in divorce proceedings. Without a "get", the wife cannot remarry under Jewish religious law.

The statute requires the plaintiff in a divorce action to allege that he or she will take all steps within his or her power to remove any barrier to the defendant's remarriage following the divorce. In this case, while the husband was willing to give his wife a "get", he had previously obtained from a Jewish religious court a "Heter"-- a ruling that the wife was a "rebellious woman" who refused to accept a Get. In these civil proceedings, the wife argued that the Heter effectively acted as a barrier to her remarriage, because it branded her as a scandalized woman who could not be trusted to run a Jewish household. The court held that the Establishment Clause precluded it from inquiring into the propriety of the husband's actions in obtaining a Heter, since to do so would amount to unconstitutional entanglement of the court in religious doctrine.

Summary Judgment Denied To Defendants In 2 Prisoner Cases

In Smith v. Sears, 2005 U.S. Dist. LEXIS 18017 (USDC SD Ohio, July 11, 2005), handed down last month but made available only recently, a federal Magistrate Judge denied Ohio prison officials' motion for summary judgment in a claim by a prisoner that his religious freedom rights were infringed by forcing him to cut his beard. The court found that disputed factual issues could not be determined at the summary judgment stage of the case. The inmate claimed to be an Orthodox Jew, but prison officials presented some evidence challenging the sincerity of his beliefs. Prison officials claimed enforcement of grooming regulations were needed for prison security, but plaintiff had worn his beard for almost 4 years without security problems. A prior posting discussed related opinions in this litigation.

In Brown v. Johnson, 2005 U.S. Dist. LEXIS 17971 (USDC WD Pa., Aug. 24, 2005), a former Pennsylvania prisoner claimed that prison officials retaliated against him for exercising his First Amendment rights when they confiscated items in his cell and transferred him to the Restricted Housing Unit. Prison officials claimed he was a security threat because he belonged to a group known as the United Nation of Islam-KAM (UNOI-KAM). The court denied defendants' motion for summary judgment because evidence failed to conclusively show that the inmate belonged to UNOI-KAM.

NYC Questions Circumcision Method

New York City health authorities are questioning the health dangers of a circumcision method used by some Hasidic sects and certain other traditional Orthodox Jewish mohels. Today's New York Times reports that the practice, known as oral suction, risks spreading herpes to infants. The Orthodox Rabinnical Council of America advocates an alternative method, and Rabbi Moshe Tendler, a microbiologist and professor of Talmud and medical ethics at Yeshiva University, said that the procedure, known in Hebrew as metzitzah b'peh, violates Jewish law because of the health risk it poses. Nevertheless the practice persists among some, and the city does not plan to ban it, partly out of a concern for religious freedom and partly because a ban would probably be unenforceable in practical terms. Instead city officials, including Mayor Bloomberg, have been meeting with Orthodox Jewish leaders to persuade them to abandon the practice, but so far they have not been successful. After meeting with the Mayor, Rabbi David Niederman of the United Jewish Organization in Williamsburg, Brooklyn, said, "We do not change. And we will not change."

Israel High Court Rules On Fate of Gaza Synagogues

A fascinating politico-legal struggle has been taking place in Israel over the fate of synagogues in the Gaza Strip. It is detailed in a report by the Israel Hasbara Committee. Israeli authorities had planned that as part of the disengagement, Gaza synagogues, along with many other buildings, would be destroyed. A petition was filed last week with the Israeli High Court of Justice on behalf of an Elei Sinai rabbi and a professional photographer, asking that the Court order the synagogues to remain. On August 23, in a 2-1 decision, the Court largely rejected the petition. It ordered that two synagogues be moved across the border into Israel, and an examination of whether three others could be dismantled and moved. For the other Gaza synagogues, the court ruled that they should be photographed and documented, but then they should be desanctified according to Jewish law and destroyed. Artifacts, doors and external elements though would be removed an reused in synagogues in Israel. A dissent, however, argued that the synagogues should not destroyed even if they are abandoned. He urged the state to appeal to the Palestinian Authority and international bodies to examine the possibility of preserving the synagogues in their current locations in the Gaza Strip.

According to a report in yesterday's Haaretz, after the High Court's opinion was handed down, the Chief Rabbinical Council, headed by Israeli Chief Rabbis Shlomo Amar and Yonah Metzger, issued a ruling forbidding the demolition of any of the synagogues. They argued that demolishing the synagogues in evacuated settlements will set a precedent that jeopardizes synagogues all around the world.

Increased Saudi Religious Persecution Reported

Christian Today reports on Thursday: "Persecution among believers of religions other than Islam has noticeably increased since the new king of Saudi Arabia, King Abdullah, was installed after the death of King Fahd. AsiaNews has reported that sources have confirmed that the religious police known as the Muttawa, have raided homes of foreigners, and Christians have especially been targeted."

Symposia of Interest

From SmartCILP this week:

The Spring 2005 issue of the Pace Law Review carries three of the presentations from a Sympoisum held at Pace Law School on Dec. 3, 2004 on The Anti-Terrorist Financing Guidelines: The Impact on International Philanthropy. The published articles focus on the impact of the Guidelines on Muslim charities.

The Winter 2005 issue of the Yale Journal of Law & The Humanities carries a Symposium titled Rethinking Robert Cover's Nomos and Narrative.

Iraq Supreme Court To Include Muslim Clerics

Iraq's proposed new Constitution as translated by the AP provides (Art. 90):

The Supreme Federal Court will be made up of a number of judges and experts in Sharia (Islamic Law) and law, whose number and manner of selection will be defined by a law that should be passed by two-thirds of the parliament members.

At a press conference on Tuesday (full transcript), US Ambassador to Iraq, Zalmay Khalilzad, explained the provision:

[T]here was a proposal to establish a constitutional court. There were concerns that the court might be a kind of religious court, checking whether the constitution is consistent with Shari'a, and that was eliminated. Instead the responsibility of the constitutionality of laws has been given to the Supreme Court, and there has been a discussion that since there are three standards that the constitution cannot violate, the laws cannot be against Islam, the laws cannot be against democracy, the laws cannot be against human rights. There need to be experts on those three things, added to the court. Since this will be a new responsibility for the court to have responsibility over the three sources: democracy, human rights, and Islam.

Now, in the balance of forces, given where things are, I think that that's not bad. These are decisions that I'm reporting, but these are the decisions that the Iraqis have made for themselves. We should also not forget our own country's history, that when we were debating the constitution, when we were ratifying the constitution in the United States some of our states had state religions. This country is in the process of being built on new principles, but these principles of course cannot be divorced from the history and traditions of Iraq. We do not want to impose a cookie-cutter approach that America is this kind of a Republic and you have to follow it precisely. No, that's not American foreign policy, that's not our style of dealing with other nations. We respect other peoples' traditions, but we also believe in universal values that are relevant for countries that want to succeed, that have demonstrated their relevance, to have. We have tried to encourage Iraqis to consider those, but of course this is their country and they have to make their own decisions ultimately.

Hawaii Supreme Court Rejects Religious Defense In Marijuana Case

In State of Hawaii v. Adler, decided by the Hawaii Supreme Court on August 18, the court rejected a Free Exercise defense raised by Jonathan Adler who was convicted of commercial promotion of marijuana after authorities seized 82 marijuana plants at his home. The parties stipulated that Adler held sincere religious beliefs that his religion mandated the sacramental use of marijuana. However, his religion only required its members to use marijuana once a year. The court held that therefore Adler had failed to show that prohibiting the possession or cultivation of more than 50 plants burdens his free exercise. The court concluded "Inasmuch as Adler falls short of establishing a substantial burden of his free exercise of religion, this court need not evaluate (1) whether the State has a compelling interest in prohibiting the possession or cultivation of 50 or more marijuana plants or (2) Adler's somewhat disingenuous argument that [the commercial promotion statute] constitutes a total prohibition on the consumption of marijuana. "

LMRA Held Inapplicable To Parochial Schools

In Boston Archdiocese Teachers Association v. Archdiocesan Central High School, decided by the US District Court in Massachusetts on August 15, the court dismissed a complaint seeking to enforce the teachers' collective bargaining contract against a group of Catholic high schools and the Archdiocese of Boston. The suit was brought under Section 301 of the Labor Management Relations Act (29 USC Sec. 185). Finding that serious First Amendment problems would arise if the court accepted jurisdiction in collective bargaining disputes involving church-operated schools, the court interpreted the LMRA provision as not covering such schools. In doing so, it relied on a similar interpretation of the National Labor Relations Act by the US Supreme Court in the 1979 case of NLRB v. Catholic Bishop of Chicago. [Thanks to Steven Sholk for this information.]

New Steps In Australia and Britain Against Promoting Islamic Extremism

The International Herald Tribune yesterday quoted Australian Prime Minister John Howard as saying that he supported sending people into mosques and Islamic schools to determine whether they were promoting violence or extremism. On Australian radio, he said: "We have a right to know whether there is, within any section of the Islamic community, a preaching of the virtues of terrorism, whether any comfort or harbour is given to terrorism within that community".

Meanwhile, Britain has adopted new criteria for deporting radical Muslim preachers from abroad. According to a report today from the Los Angeles Times, deportation may be ordered for any non-British citizen who has been found to "foment, justify or glorify terrorist violence in furtherance of particular beliefs; seek to provoke others to terrorist acts; foment other serious criminal activity or seek to provoke others to serious criminal acts; or foster hatred which might lead to intercommunity violence".

Dismissal of Gay Parochial School Teacher Upheld

In Doe v. Lutheran High School of Greater Minneapolis, decided by a Minnesota appellate court on August 23, the court dismissed a minister's claim that he was wrongfully discharged as a religious teacher, chair of the theology department and campus pastor at a religious high school. He argued that the Minnesota Human Rights Act prohibited his dismissal based on his sexual orientation. The court found that its resolution of the claim would require the kind of inquiry into church doctrine that is prohibited by the First Amendment. It also found that the claim must be dismissed under the Freedom of Conscience clause of the Minnesota Constitution. The religious high school's beliefs would be compromised by requiring it to continue to employ the teacher. Finally the court held that the religious-association exemption in Minnesota's Human Rights Act precludes applying it to the synod and the school here.

DC Lobbyist For Secular Views

A Washington, D.C. lobbyist to represent the rights of humanists, atheists and other freethinkers has been hired by the Secular Coalition for America. Humanist Network News reported yesterday that Lori Lipman Brown, a former Nevada state senator, will serve as the Coalition's first director/lobbyist. In announcing the appointment, Herb Silverman, president of the Secular Coalition said: "Bias against nonbelievers is the last civil rights struggle in which blatant discrimination by politicians is viewed as acceptable behavior. That situation is about to change."

AL Prisoners Sue Over Religious Twelve-Step Programs

Al.com reported yesterday that five Alabama prisoners have filed suit in federal court because they are required to participate in Christian-based drug treatment programs. A settlement of a suit five years ago ordered prison officials to offer alternatives to faith-based 12-step programs. The Department of Corrections claims that the former settlement only requires them to offer alternatives when at least 25 prisoners request it. The ACLU of Alabama which represents the prisoners argues that inmates are not informed of the secular alternative programs, so the prison system has no idea how many inmates desire to enroll in it. The suit seeks an order mandating alternative programs and notice of them to prisoners. It also seeks an order to prevent punishment of inmates who refuse to participate in the religious programs. [Thanks to Joel L. Sogol via Law & Religion listserv for the lead.]

CLS At SIU Obtains Injunction Pending Appeal on Merits

On Monday, in Christian Legal Society v. Walker, the US Seventh Circuit Court of Appeals in a 2-1 decision granted an injunction to the Christian Legal Society to reinstate it as a registered student organization at Southern Illinois University School of Law, pending resolution of its appeal of the trial court's denial of a temporary injunction. Its status as a recognized student organization had been revoked because the CLS refused to comply with the school's policy prohibiting recognized student groups from discriminating on the basis of sexual orientation. (See prior related postings 1, 2.)

CLS claimed that it had a First Amendment right to require its officers and members to adhere to its statement of orthodox Christian beliefs, including the Bible's prohibition on homosexual conduct. The majority opinion said that granting the injunction while the appeal was pending would not irreparably harm the law school, while a denial of CLS's First Amendment rights is presumptively irreparable injury. The majority also said it was unclear exactly what university policy CLS was violating. Alliancee Defense Fund which represented CLS issued a release praising the decision.

Muslim Council In Nigeria Protests Child's Rights Act

The Supreme Council for Shari'ah in Nigeria (SCSN), has protested the attempt of the country's federal government to impose the Child's Rights Act, passed by the National Assembly in 2003, on state Assemblies. According to a story on Monday by AllAfrica.com, SCSN said: "Any law that seeks to give equal rights to male and female children in inheritance, seeks to give an illegitimate child the same rights as the legitimate one, and establish a court (family court) that ousts the jurisdiction of shari'ah courts on all matters affecting children, is unacceptable to Muslims."

HHS Suspends Funding For Religious Abstinence Program

A federally funded abstinence program, the Silver Ring Thing, has had its funding suspended because tax money is being used by it for religious activities. According to yesterday's Washington Post, the Department of Health and Human Services ordered the program to file a corrective action plan in order to qualify for a grant this year. Teenagers in the program sign a covenant "before God Almighty" to remain virgins ; they earn a silver ring with a Biblical verse on it reminding them to "keep clear of sexual sin." The suspension follows the filing of a lawsuit by the ACLU charging HHS with using tax funds to promote Christianity through this program. (See prior posting.) An attorney for the Alliance Defense Fund representing the challenged group says that its religious teachings are kept separate from government-funded activities.

New Article on Bepress

A new article of interest has been posted on Bepress. Roger Williams University Law School Professor Edward J. Eberle, has written Religion and State in the Classroom: Germany and the United States.

Community College Criticized For Radio Station Arrangement

Daytona Beach Community College, a public institution, has drawn criticism for choosing Cornerstone Broadcasting Corp. to be its primary source for students and faculty to find out whether classes have been cancelled in weather and other emergencies. In exchange,the evangelical radio station is permitted to use one of the college's broadcast towers. According to today's East Volusia, Florida News Journal, critics of the arrangement such as People for the American Way lawyer Reggie Williams argue that in a crisis situation, students and faculty will become a captive audience for evangelical preaching.

Malaysian Citizens Seek Court Protection for Religious Beliefs

BBC News reports today on an interesting challenge pending in Malaysia's federal court. Two Malaysians have been charged by Islamic authorities with associating with a banned inter-faith group, the Sky Kingdom. (See prior posting.) The two argue that they have renounced Islam and are therefore not subject to the fatwa they are charged with violating. They say that Article 11 of Malaysia's Constitution allows them to practice the religion of their choice, and are seeking a hearing in the federal court to vindicate that right. In the past, secular courts have referred these cases back to Islamic authorities who usually rule that individuals are using this as a defense merely to evade Islamic justice.

Christian Leader Urges Chavez Assassination

The debate over the proper role of religious leaders in shaping governmental policy has heated up again. CNN reports today that Christian broadcaster Pat Robertson has called for the United States to assassinate Venezuelan President Hugo Chavez. Robertson said Chavez is attempting to make Venezuela "a launching pad for Communist infiltration and Muslim extremism all over the continent." On yesterday's 700 Club, Robertson said: "If he thinks we're trying to assassinate him, I think that we really ought to go ahead and do it. It's a whole lot cheaper than starting a war." He called Chavez "a dangerous enemy to our south, controlling a huge pool of oil, that could hurt us badly." He continued: "We have the ability to take him out, and I think the time has come that we exercise that ability. We don't need another $200 billion war to get rid of one strong-arm dictator. It's a whole lot easier to have some of the covert operatives do the job and then get it over with." The CNN story also links to a video of Robertson's full remarks.

Iraqi Draft Constitution's Compromise On Role Of Islam

A draft Constitution was submitted to the Iraqi National Assembly yesterday, but a vote on it was delayed by three days so that negotiators could try to obtain consensus on points that are still outstanding. CNN reported yesterday that the main outstanding issue relates to federalism, and that the parties have reached a compromise on the role of Islam in the state. However, a partial text of the proposed Constitution, published yesterday by the Associated Press, suggests that the compromise on religion was achieved by placing arguably inconsistent provisions in to the document. Chapter One, Article Two of the Constitution provides:

1. Islam is a main source for legislation.
- a. No law may contradict Islamic standards.
- b. No law may contradict democratic standards.
- c. No law may contradict the essential rights and freedoms mentioned in this constitution.

2. This constitution guarantees the Islamic identity of the Iraqi people and guarantees all religious rights; all persons are free within their ideology and the practice of their ideological practices.

3. Iraq is part of the Islamic world, and the Arabs are part of the Arab nation.

Then Chapter Two, Article 39 provides: "Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organized by law."

UPDATE: Here is an updated and expanded translation of the parts of the propposed Constitution relating to the role of Islam and religious freedom in Iraq.

NJ Court Reverses In RLUIPA Challenge To Zoning Amendment

Yesterday a New Jersey Appeals Court decided House of Fire Christian Church v. Zoning Board of Adjustment of Clifton, reversing the trial court's holding that a change in the City of Clifton's zoning rules during the pendency of a church's site plan application violated the Religious Land Use and Institutionalized Persons Act. The amendment made the rear yard setback requirement for houses of worship match those for other land uses. The court held that the trial court had improperly shifted the burden of persuasion to the City. The correct rule, the court said, is that plaintiff has the initial burden of demonstrating that the land use regulation imposes a "substantial burden" on the church's "religious exercise".

Churches Argue Against MN Gun Laws

Today's Duluth News Tribune reports on arguments yesterday in a challenge by two churches to Minnesota's law on carrying of concealed weapons. (See earlier posting.) The churches, in a Hennepin County Trial Court, were seeking a temporary injunction against the enforcement of some of the law's provisions.

Attorneys for the churches argued that requiring signs with a specific size, typeface and language in order to prohibit guns in churches interferes with the churches' religious messages. The state responded that requiring specific religiously neutral words does not impose a substantial burden on the churches and does not cause them irreparable harm. The churches also argued that religious institutions should not be prohibited from banning guns in their parking areas, because those areas used to further religious missions when people talk about services on the way to their cars or when a church holds a fundraiser or services in a parking lot. The state said that when a church is holding an activity in the parking lot for a religious purpose, it may ban guns under the law. Finally the churches objected to provisions that prohibit landlords from banning tenants and their visitors from carrying guns, for example in child care centers or homeless centers operated out of church premises.

Kenyan Churches Oppose New Draft Constitution

Mainline Christian churches in Kenya are uniting to urge rejection in an upcoming November referendum of the proposed new Constitution for Kenya-- known as the Wako Draft. Christian Today reports that one reason for the opposition is the inclusion in the Constitution of provisions on Kadhi's courts - Islamic religious courts. However the reasons for church opposition is broader than that. They object to the fact that the current draft drastically revises the Bomas Draft of the Constitution produced last year by the National Constitutional Conference. In particular the new draft creates a strong President and a weak Prime Minister. See last month's Mail & Guardian report.

Yoga In Elementary School Raises First Amendment Hackles

IndoLink reports today that First Amendment objections have been raised to the teaching of yoga in Aspen, Colorado's Aspen Elementary School. Steven Woodrow, pastor of the First Baptist Church in Aspen is quoted: "At its base element, yoga is a spiritual practice. You can´t separate the religious from the spiritual. Why not teach Pilates or aerobics if it´s just stretching?" School officials say yoga is designed to help students be more attentive and improve their ability to focus.

The original yoga program was changed, after objections by critics, to eliminate all Sanskrit words. Students now end class here by saying "peace" rather than "namaste." But Pastor Woodrow says that even as modified, yoga incorporates aspects of Eastern religions that believe in reincarnation and pluralism,.

Soldier's Bible Carries Army's Seal

On Saturday, Black Anthem carried an article raising First Amendment questions about The Soldier's Bible and The Soldier's New Testament, published by Broadman & Holman Bible Publishers in Nashville, Tenn., which is owned by the Southern Baptist Convention. The legal issue stems from the fact that each Bible carries a gold-embossed Department of Army emblem on the front cover. Each Bible carries a small-type disclaimer on page 3: "The seal of the Army is used by permission but in no way carries the endorsement of this product by the U.S. Army, the Department of Defense or the government of the United States." But, the article asks, is that enough to avoid the Bible appearing to be a government publication?

Currently the publisher's website features the Coast Guardman's Bible, with the Coast Guard seal on the cover. Its promotion reads: "This Holman CSB Coast Guardsman’s Bible is the fifth in Holman’s series of Military Bibles. For these perilous times Holman Bible Publishers is pleased to provide the entire Bible in a format that is handsome, easy to carry, and that is designed to meet the unique needs of those who serve the U.S. in exceedingly difficult situations."

Proposed Belgian Law Would Prohibit Kosher Slaughtering

The Jewish Telegraphic Agency reported yesterday that in Belgium, proposed legislation would effectively prohibit kosher slaughtering of animals. The law would also affect dhabiha, the Muslim method of slaughtering. The law was introduced at the behest of an animal rights group, Global Action in the Interest of Animals. The Jewish community has no problem with one part of the proposed law-- limiting animal slaughtering to government-inspected abattoirs. This part is aimed at slaughtering of sheep by Muslims each year around the festival of Id al-Adha, which commemorates Abraham's being given an animal to sacrifice to God, instead of his son. But the Jewish community objects to two other parts of the proposed law. One is the mandatory stunning of animals before slaughtering, which is inconsistent with kosher slaughtering. The other is the required labeling of meat that as "ritually slaughtered". This is seen as a way of stigmatizing ritually slaughtered meat, particularly kosher-slaughtered meat that is sold in non-kosher outlets because it is from the hind quarter of animals or because it does not meet kosher standards for other reasons.

CO Library Changes Meeting Room Policy After Being Sued

In Woodland Park, Colorado, the public library has changed its policy and opened its meeting rooms to religious advocacy groups on the same basis as other groups. Denver Channel 7 reported yesterday that the change was impelled by a federal lawsuit that had been filed against the library by Liberty Counsel. The challenged policy had required advocacy groups like Liberty Counsel to allow those with opposing views to speak at their events held in the library. The library's director, Sharon Quay, said although she believed the old policy was proper, she did not want to spend scarce library funds defending a lawsuit.

Actions Against FLDS Seen As Part of Broader Fight Against Polygamy

Today's Salt Lake Tribune, in an article titled The Modern Raid on Polygamy traces the series of actions in recent months against the Fundamentalist Church of Jesus Christ of Latter Day Saints in the twin cities of Hildale, Utah, and Colorado City, Arizona. Some see this as an attack on polygamy in general, rather than just on this group's practices. They point out that in March the Utah Police Officer Standards and Training Board decertified two Hildale police officers who practiced polygamy. Not everyone is happy with these developments. Civil rights lawyer Brian Barnard represents three Salt Lake County residents who are challenging Utah's ban on polygamy.

Papers Examine Origins of Intelligent Design

In a front page article titled Politicized Scholars Put Evolution on the Defensive, the New York Times today carries a long profile of the Discovery Institute and its activities which are aimed largely at promoting the theory of Intelligent Design. It describes the Institute's strategy:

Pushing a "teach the controversy" approach to evolution, the institute has in many ways transformed the debate into an issue of academic freedom rather than a confrontation between biology and religion.

However, the Institute also has taken positions on issues such as local transportation and foreign affairs. Among the organization's backers is the Bill and Melinda Gates Foundation that gives it $1 million a year.

[UPDATED] Meanwhile, the New York Times Magazine today runs an interesting column by William Safire describing the origins of Intelligent Design. He quotes Prof. Leonard Krishtalka of the University of Kansas who describes Intelligent Design as ''nothing more than creationism in a cheap tuxedo.''

School District To Use "Winter Break", Not "Christmas Break"

Fox News today reports on a turnaround by the South Kitsap, Washington School District. In the past, the December school vacation had been called "Winter break". In May, the school board voted to instead call the vacation "Christmas break". However, Sheldon Levine, an ACLU member, wrote the school board criticizing its lack of sensitivity and arguing that the new name might violate the state Constitution's requirement (Art. 9, Sec. 4) that public schools be "free from sectarian control of influence." After receiving these objections, the board reversed itself and went back to the "Winter break" label. Needless to say, some are accusing Levine of "stealing Christmas".

7th Circuit Holds Atheism Is A Religion

In Kaufman v. McCaughtry, yesterday the US Seventh Circuit Court of Appeals held that atheism is a “religion”. Responding to a claim by a Wisconsin prisoner who was refused permission to form an inmate group to study and discuss atheism, the Court held that atheism qualifies as the inmate’s religion for purposes of his First Amendment claims.

The Court remanded the case for further proceedings to consider the Establishment Clause claims that had been raised, finding that prison officials had given no reasons to justify permitting other faiths to form prison groups, but not atheists. However the court rejected plaintiff’s Free Exercise claim. He had not shown that a weekly study group was necessary to the practice of his religion.

In a report on the case, World Net Daily quoted Brian Fahling, senior trial attorney for the American Family Association Center for Law & Policy, who said that the ruling is “further evidence of the incoherence of Establishment Clause jurisprudence.”

Trial On ME Social Studies Curriculum Starts Next Week

Next week in Bangor, Maine a federal jury trial will begin in a suit by a teacher against his school district alleging that changes in the school district’s Social Studies curriculum were motivated by religious objections of Christian fundamentalist parents. According to a report in today’s Bangor Daily News, the school board denies this claim, arguing that the changes were instead a response to curriculum standards, called Learning Results, adopted by Maine’s Department of Education in 2000.

The dispute began, however, back in 1997 at Presque Isle Middle School when two parents complained that the teacher's lessons on Cro-Magnon man violated their religious beliefs about the age of the earth. The teacher, Gary Cole, claims that shortly after the complaint, he was informed that he could only teach European history. For an earlier opinion in the case denying the school district's motion for summary judgment, see Cole v. Maine School Adm. Dist. No. 1, 350 F. Supp.2d. 143 (USDC D Maine, Dec. 3, 2004) [LEXIS link].

8th Circuit Applies Van Orden

An en banc opinion issued yesterday by the US Eighth Circuit Court of Appeals upheld the constitutionality of the display of a Ten Commandments monument in a public park in Plattsmouth, Nebraska. The case is ACLU Nebraska Foundation v. City of Plattsmouth. A three-judge panel of the same court had earlier by a 2-1 vote found the monument impermissible. The monument, donated to the city in 1965 by the Fraternal Order of Eagles, was virtually identical to the one upheld by the US Supreme court in Van Orden v. Perry earlier this year. The Associated Press yesterday reported on the decision.

Roberts At Least Is Sure About One Thing God Didn't Do

Yesterday, some 38,546 additional pages of Supreme Court nominee John Roberts' papers were released by the National Archives. They include a wide range of letters and memos issued under Roberts' name between 1982 and 1986 while Roberts served as Associate Counsel to the President in the Reagan White House. CBN reports that in one memo Roberts advised Reagan to change the language in a speech he was about to give. He urged the President not to call America "the greatest nation God ever created". Roberts wrote, "According to Genesis, God creates things like heavens and the earth and the birds and the fishes, but not nations."

Lawyer Wants No Diplomatic Immunity For Pope

The Associated Press reported on Wednesday on a press conference by Texas lawyer, Daniel Shea, who is representing three boys in a suit against Pope Benedict XVI for allegedly covering up the sexual abuse of children by a seminarian. Shea urged President Bush to abstain from confirming the Pope's diplomatic immunity. Shea said he would challenge the constitutionality of U.S. diplomatic recognition of the Vatican if the Pope is given diplomatic immunity in the case.

Indian Islamic Ruling Denies Women Full Rights To Challenge Elections

The Indian Times reports today that Darul Uloom, Deoband, an Islamic religious and academic center in India, has ruled that Muslim women should not contest elections, and if they have to, they must do so from behind the veil. The paper strongly criticizes the ruling as regressive and lacking in respect for the norms of secular democracy.

Disestablishment Urged In Britain

The Guardian reports today that the Fabian Society, a leading Labour think tank, has called for the Church of England's preferential status to end and for its bishops to the lose the right to sit in the House of Lords. In a book to be published next month titled "Islam, Race and Being British", Sunder Katwala, the society's general secretary, says that a fresh settlement is needed between religion and the state.

Vertical Grave Marker Bans Do Not Violate Religious Freedom

Yesterday, as reported by the Palm Beach Post, the federal Eleventh Circuit Court of Appeals upheld regulations imposed by a city-owned cemetery in Boca Raton, Florida. Several owners of grave sites sued the city in 1998 arguing that a requirement that only ground level grave markers be used restricted their religious freedom to erect crosses, statues and other religious symbols. The Eleventh Circuit certified to the Florida Supreme Court questions relating to the application of Florida's Religious Freedom Restoration Act here. Yesterday in Warner v. City of Boca Raton, the Court of Appeals ruled, in accordance with the Florida Supreme Court's determination, that the regulations were permissible, and also rejected other state and federal constitutional attacks on the cemetery rules.