In Malaysia, Parties Seeking Federal Court Ruling In Catholic Paper Case

As previously reported, in Malaysia the Catholic newspaper The Herald has filed suit in the High Court in Kuala Lumpur to challenge the Home Ministry's decision banning the paper from using the term "Allah" as a synonym for God in its Malay-language reporting. Now, according to yesterday's New Straits Times, several state religious councils have obtained a stay a stay of proceedings until Feb. 27 from the court so the parties can ask the Federal Court for a ruling on the constitutionality of various laws involved in the case. Meanwhile, the Malaysian Gurdwaras Council will ask the Attorney-General to avoid a confrontation in the case.

In Nigeria, Children Accused by Churches of Being Witches Are Tortured By Their Families

Saturday's Lagos Guardian reports that in parts of the Nigerian states of Akwa Ibom and Cross River, there has been an alarming increase in the number of children who are suspected by their parents of being "witches" or "wizards." Many of them are abandoned, tortured or killed by their families after prophets from Pentecostal sects declare the children to possess strange powers. The craze seems to have been started in the late 1990's by Prophetess Helen Ukpabio, founder of the Liberty Gospel Church. Her home movies portrayed some children as possessing supernatural powers that they can use to bring misfortune to their families. The Child's Right Rehabilitation Network (CRARN) is providing shelter for over 150 of these abused children at its Children's Centre, and is working to get the parents who tortured or murdered children prosecuted.

A Review of Same-Sex Marriage Developments In Connecticut

In the widespread coverage of the battle over gay marriage in California, less attention has been given to a decision by the Connecticut Supreme Court last month holding that limiting same-sex couples to civil unions, instead of marriage, violates the equal protection guarantees of the Connecticut state Constitution. An article in this week’s Yale Herald titled Gay Couples Marry as Campus Christians Sit Silent is occasion to look more closely at developments in Connecticut.

In Kerrigan v. Commissioner of Public Health, (CT Sup Ct, Oct. 10, 2008) (majority, dissents 1, 2, 3), the court, in a 4-3 decision, applied intermediate scrutiny to strike down Connecticut's statutory scheme barring same-sex marriage. Opponents then supported a proposal that is automatically on the November ballot every 20 years to call a state constitutional convention. [corrected]. The convention could have potentially proposed a constitutional amendment to overturn the court's decision. However, that proposal was overwhelmingly defeated at the polls earlier this month.

Of particular interest is the analysis by the majority in the Kerrigan case concluding that sexual orientation is a quasi-suspect classification that triggers heightened scrutiny. One part of the test for a quasi-suspect class is its "political powerlessness." As the court explained:

a group satisfies the political powerlessness factor if it demonstrates that, because of the pervasive and sustained nature of the discrimination that its members have suffered, there is a risk that that discrimination will not be rectified, sooner rather than later, merely by resort to the democratic process.

Interestingly, the court then went on to, in part, rely on the strong religious opposition to homosexual activity as evidence of the political powerlessness of gays and lesbians. The court said:

Feelings and beliefs predicated on such profound religious and moral principles are likely to be enduring, and persons and groups adhering to those views undoubtedly will continue to exert influence over public policy makers.

The court then added in a footnote (fn. 37):

Of course we do not suggest that there is anything untoward or improper about such efforts to mold public policy or opinion, for such activity lies at the core of our democratic system. Nor do we equate religious beliefs with prejudice. Our point is simply that gay persons face steep, if not insurmountable, hurdles in changing or even modifying deeply held beliefs that their manner of sexual intimacy is morally unacceptable.

Britain's New Pension Authority Will Offer Sharia-Compliant Option

In 2006, Britain enacted legislation to reform its pension system. Among other things, the Pensions Act 2007 created the Personal Accounts Delivery Authority which will create new low cost pension savings vehicles for individuals. (Background.) The London Telegraph reported yesterday that the Authority will offer a Sharia-compliant pension fund as one of the options in order to encourage Muslim participation. Many Muslims who have low-paying jobs or who have recently moved to Britain are thought to have little saved for retirement so far. The Sharia-compliant fund would not invest in financial service firms, or in companies involved in gambling, liquor or pornography industries. Britain's Child Trust Fund already offers Sharia-compliant baby bonds.

Germany Will Not Attempt To Ban Scientology Now

The AP reports that Germany’s Interior Minister Wolfgang Schaeuble, as well as domestic intelligence authorities from Germany's 16 states, agreed Friday that they had insufficient evidence to open formal proceedings to ban the Church of Scientology. To open proceedings, authorities need evidence of unconstitutional activities. They had been monitoring Scientology-- which they consider a business that takes advantage of vulnerable individuals.-- to determine if it seeks to limit basic human rights such as equality and the right to develop one’s personality. Even though they are not proceeding with charges now, authorities will continue to monitor Scientology’s activities in Germany. (See prior related posting.)

Muslim Group Urges NYPD To Revise Its Assessment of Domestic Terror Threat

At a press conference held on Thursday, the New York Muslim American Civil Liberties Coalition released a report titled: Counterterrorism Policy: MACLC's Critique of the NYPD’s Report on Homegrown Radicalism. As reported by The American Muslim, the report calls on the New York Police Department to update its 2007 study, Radicalization in the West: Homegrown Radicalism. The MALC report's Preface summarizes the objections to the NYPD study:

The NYPD Report calls into question the loyalties and motivations of law-abiding and mainstream Muslims in a deeply offensive way and paints them as potential threats to national security without substantiated evidence. Furthermore, it erroneously associates religious precepts with violence and terror, irrespective of First Amendment and Equal Protection rights. As such, MACLC has found that the NYPD Report neither protects American Muslims from undeserved scrutiny and profiling nor strengthens domestic security discourse.

Hezbollah In Lebanon Harnessing Religion of Youth For Its Political Agenda

Today's New York Times carries a long investigative article starting on its front page titled Hezbollah Seeks to Marshal the Piety of the Young. It says in part:

At a time of religious revival across the Islamic world, intense piety among the young is nothing unusual. But in Lebanon, Hezbollah — the name means the party of God — has marshaled these ambient energies for a highly political project: educating a younger generation to continue its military struggle against Israel. Hezbollah’s battlefield resilience has made it a model for other militant groups across the Middle East, including Hamas. And that success is due, in no small measure, to the party’s extraordinarily comprehensive array of religion-themed youth and recruitment programs.

County Council Member Objects To Rezoning Because of Opposition To Church Policy

Catholic News Agency reports today that Beaufort County, South Carolina Councilwoman Laura Von Harten has apologized for controversial remarks she made at a Council committee meeting last Monday. The Beaufort (SC) Gazette reported on Tuesday that the county's Land Management Committee, on which Von Harten does not sit, approved rezoning for expansion of St. Gregory the Great Catholic Church by a vote of 5-2. During discussion at the Committee meeting, however, Van Harten spoke to say she would not support the rezoning when it comes up for a full Council vote because of "human rights issues." She said that Catholic Church policies are an "affront to my dignity and all of womankind." She especially objected to the Church's ban on female clergy and her dislike of the way the Church wishes to "control women's uteruses." She said: "I don't want to support anything that will perpetuate that kind of ideology."

Apologizing on Tuesday, Von Harten said that her human rights concerns relate to "the Catholic Church as a political entity, with a seat at the United Nations, but I acknowledge that I offended individuals in my own community." She added: "Please be assured that I have been reminded of the importance of separation of church and state in matters of land use, and have learned a great deal from this incident." She now says she will abstain from voting on the St. Gregory zoning issue when it reaches Council.

PA School Board Says Teachers Can Be At "Pole" Event With A Disclaimer

Pennsylvania's Carlisle Area School Board, responding to the threat of a lawsuit, voted 8-1 yesterday to allow teachers to attend this year's student-led "See You At the Pole" event. At the annual event, held around the nation, students gather before school at the flag pole to pray for their school, fellow-students, teachers and nation. According to today's Harrisburg (PA) Patriot-News, teachers attending will be required to make clear that they are there in their individual capacities and not as school employees. One of 49 parents who signed a letter opposing teacher attendance testified at the board meeting: "It defies logic that students should believe that a teacher should issue a disclaimer, that for a few moments they are peers under a flag pole, 40 yards from the school." (See prior related posting.)

Bangladesh Elections Threaten To Disenfranchise Muslims On Hajj

Wednesday's Daily Star reports on an election controversy in Bangladesh. Parliamentary elections are scheduled for December 18. This however is during the Hajj, and over 48,000 Bangladeshis who will be in Saudi Arabia for the religious pilgrimage will be disenfranchised. The BNP-four party alliance has demanded that election be rescheduled. However some legal experts argue that rescheduling would violate the election code that prohibits using religion for political or electoral purposes.

Proponents Announce New Strategy On Display of Nativity Scenes

CBN News yesterday reported that two Christian groups have come up with a new holiday display strategy. The National Clergy Council and the Christian Defense Coalition have begun "The Nativity Project." It encourages individuals to display nativity scenes in public places such as city halls, state capitol buildings and other public buildings. Project promoters say that "as individual citizens" these displays can be put up-- sometimes with, and sometimes without a permit. While not explicit on the matter, apparently the idea is for individuals to temporarily display the nativity scenes and stay with them in areas open for advocacy activities. The story touts the placing of a nativity scene in front of the U.S. Supreme Court yesterday-- apparently there temporarily while proponents were with it. Proponents also announced that for the first time ever, the groups have permission to stage a live nativity scene in Times Square on December 6th. The project is also encouraging the display of nativity scenes outside of private homes-- an activity that poses no legal problems.

Court Issues Preliminary Injunction Allowing Evangelist To Preach On Public Plaza

In Borden v. City of Modesto, (ED CA, Nov. 19, 2008), a California federal district court issued a preliminary injunction requiring the city of Modesto to give evangelist Kevin Borden equal access to the city's pedestrian Tenth Street Plaza to preach and proselytize. In its 22-page opinion, the court held that the entire Plaza is a public forum. Brenden Theaters, located adjacent to the Plaza, on various week end nights rented out part of the Plaza for parties. At those times it excluded Borden from the rented barricaded area, even though the rented area was essentially open to anyone else. The court held that the city may not delegate to those who rent out space unfettered discretion to exclude entry. The preliminary injunction-- which will remain in effect while the action is pending-- however allows exclusion of Borden when space is rented out for truly private events or for expression of a particular message. Alliance Defense Fund issued a release discussing the decision.

Indonesian Police Look To Prosecute Blogger Who Posted Muhammad Cartoons

In Jakarta, Indonesia, a government spokesman says that the Indonesian National Police cybercrime unit is attempting to trace the identity of a blogger whose blog contains cartoons depicting the prophet Muhammad. Jakarta Metro Police Special Crime Investigation Commissioner Raja Erizman says that the server and the blogger are outside of Indonesia, and that the blogger's motive is to upset Indonesia's Muslim community. According to Tempo Interactive yesterday, officials say the blogger, if identified, will be charged criminally with defaming religion and with violating the Information and Electronic Transaction Law.

Texas Board of Education Hears Testimony On Proposed Science Standards

Yesterday, the Texas State Board of Education heard testimony on its proposed standards for teaching science. Links to the full text of the standards and panel reports on them are available from the Texas Education Agency's website. Today's Dallas Morning News reports on testimony of some of the nearly 90 people who had registered to speak at the hearings. The focus was primarily on how evolution should be taught. As summarized by the paper:

College professors, science teachers and pro-evolution groups urged the board to drop a rule that requires the strengths and weaknesses of Darwin's theory to be taught in science courses, while conservative groups aligned with a sizable bloc of board members said the rule has worked well and hasn't forced religion into those classes as critics charge....

Revisions recommended by a panel of experts this week call for changing the "strengths-and-weaknesses" standard to "strengths and limitations." Another recommendation calls for middle school students to "discuss possible alternative explanations" for scientific concepts.

White House Won't Comment On Summum Case

The major church-state case pending before the U.S. Supreme Court this term is Pleasant Grove City, UT v. Summum. It was argued last week. (See prior posting.) Apparently the White House wants to steer clear of the controversy. Here is an exchange from yesterday's White House press briefing (full text) by Press Secretary Dana Perino. The reporter asking the question was WorldNet Daily correspondent, Les Kinsolving:

Q: Does the President believe or reject the contention that the First Amendment grants the 33-year-old Summum organization a right to erect a monument to its Seven Aphorisms in the city of Pleasant Grove, Utah, because there's a Ten Commandments monument?

MS. PERINO: Les, I really don't understand why you ask me these questions at the briefing. It's kind of a waste of your time, and it's a waste of everybody else's time. And it's really a waste of my time.

Q: No. This was page one.

MS. PERINO: I missed it.

Q: It was page one.

WorldNet Daily reported today on the exchange.

Court Says Church Can Continue Use of Building, But Must Comply With Code

In Guatay Christian Fellowship v. County of San Diego, (SD CA, Nov. 18, 2008), a California federal district court, citing "the overwhelming public interest ... in religious freedoms and activities", issued a preliminary injunction allowing a church to continue to meet in a trailer park recreation center that it rented. The building is currently zoned for serving alcoholic beverages and live entertainment, but not for religious use, and the county had issued a cease and desist order against the church. While enjoining enforcement of that order, the court required the church to first remedy the eight most serious code violations identified by county zoning authorities and to apply for a master use permit within 30 days of remedying the violations. Other code violations must be remedied within 90 days. The court said that the church's RLUIPA claim was not ripe because the church had not applied for a use permit or a zoning change. Today's San Diego Union-Tribune reports on the decision.

California Supreme Court Will Hear Challenges To Proposition 8

The California Supreme Court yesterday agreed to accept original jurisdiction over challenges to voter approval of Proposition 8, the ballot measure that bans same-sex marriage. (Judicial Council press release.) Yesterday's Los Angeles Times reports on the court's action. The cryptic two-page order issued by the Supreme Court (full text) actually covers a good deal of ground. It agrees to hear three of the six cases filed challenging the validity of Proposition 8. It permits the official proponents of the ballot issue to intervene as a party. In the order, the Court agreed (over one dissent) to decide whether Proposition 8 is a "revision" rather than an "amendment" to California's Constitution. The Proposition was passed under procedures for amendments. The Court will also decide whether Proposition 8 violates the separation of powers doctrine under California's constitution. In addition, if the court decides that Proposition 8 is valid, it will determine its effect on pre-existing gay marriages performed in California.

Finally, the court (over one dissent) refused to stay the operation of Proposition 8 pending the court's decision in the matter. A release by ProtectMarriage.com called denial of the requested stay the most significant part of the order. It is unclear what the court will do as to three other challenges that have been filed, including one by a number of religious groups. (See prior posting.)

Meanwhile, other countries are facing legal issues involving gay marriage. Jurist reported yesterday that the Supreme Court of Nepal has ordered an end to government discrimination based on sexual orientation. It has told the government to draft legislation permitting same-sex partnership and marriage. This follows a decision last year by the Court holding that sexual minorities should be granted equal rights.

UPDATE: The Los Angeles Times reported Wednesday that Proposition 8 supporters are considering the possiblility of a recall campaign aimed at California Supreme Court justices who vote to invalidate the approval of Proposition 8.

UPDATE: All orders, pleadings and briefs in the Proposition 8 challenges are posted on a special page on the Supreme Court's website.

Chabad Messianists Again Lose Court Battle Over Crown Heights Building

Earlier this month, a Brooklyn, New York trial court issued another decision in the long-running battle between two factions of the Chabad Lubavitch movement-- those who believe that the late grand Rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah, and those who reject the messianist faction. A December 2007 trial court decision gave control of the movement's Crown Heights headquarters to the anti-messianist faction (Agudas Chasedei Chabad and Merkos L'Inyonei Chinuch), allowing them to eject the other faction which maintained a congregation (known as Congregation Lubavitch, Inc.) in the building's basement. (See prior posting.) Apparently this decision has been appealed.

As part of the long running case, in 2006 the court issued an order (full text) barring various individuals in the messianist faction from defacing, removing or interfering with a plaque commemorating the Rebbe's death that had been placed on the outer wall of Chabad's headquarters building. The messianists objected to the plaque because it referred to the Rebbe using a Hebrew acronym for "of blessed memory," thus suggesting that he was dead. (See prior posting and this background.)

Now in Merkos L'Inyonei Chinuch, Inc. v. Sharf, (NY Kings Co. Sup. Ct., Nov. 3, 2008), a New York trial court rejected an attempt by one of the parties to challenge the 2006 decision. In addition the court rejected an attempt by the messianists--Congregation Lubavitch, Inc. (CLI)-- to obtain access to a security plan that Merkos L'Inyonei Chinuch (MLC) agreed to in accepting New York state homeland security funds. CLI also wanted the court to order the concealment of any security cameras and to ban recording of prayer services on the sabbath and holidays except for law enforcement purposes. Also, apparently still asserting their control of the basement synagogue, CLI wanted to ban MLC from access to interior video recordings and wanted other restrictions on access to recordings. The court, relying on the 2007 decision that MLC was the legitimate owner of the property, held that CLI had no basis to obtain these limitations. [Thanks to J.J. Landa for the lead.]

Clergy Led Prayer Is Back In Indiana House

The Indy Star reports that this week, for the first time since January 2006, the Indiana state House of Representatives opened its session with a prayer led by a clergyman. In late 2005, a federal district court enjoined sectarian prayer in the House, but in late 2007 that decision was reversed by the 7th Circuit that held plaintiff lacked standing. (See prior postings, 1, 2.) In 2006, House members had gathered at the back of the Chamber to pray. In 2007 and 2008, the House Speaker read a nonsectarian prayer from the podium. But now clergy-led prayer has returned. Rev. Matthew Barnes opened Tuesday's session with a non-sectarian invocation that asked for God's guidance and blessings, but did not mention Jesus.

UPDATE: Thursday's Fort Wayne Journal Gazette says that the Indiana Senate will open its 2009 sessions with prayers offered by Senate members and by visiting clergy.

Jury Finds For Boulder Colorado Church In RLUIPA Case

The Longmont (CO) Times Call reported yesterday that a federal court jury has rendered its decision in Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado. (See prior posting.) The case involves a challenge to the denial of a church's application for a special use permit so it can expand its facilities. The jury rejected the church's equal protection claims, but found that the Boulder County Commissioners violated the Religious Land Use and Institutionalized Persons Act by not treating the church equally with non-religious institutions and by placing a substantial burden on its exercise of religion. The jury did not award damages that the church sought to cover construction cost increases.

Israeli Officials Express Frustration Over Strict Conversion Rules

In Israel, the strict rules for conversion to Judaism imposed by the Chief Rabbinate continue to rankle government officials who want to find a way to help some 300,000 Russian immigrants who are not technically Jewish under religious law. Many of them wish to convert, but do not want to commit to a strict Orthodox Jewish religious lifestyle which is imposed as a condition of conversion by rabbis who control the government's conversion courts. Yesterday's Jerusalem Post reports that in a speech to the Board of Governors of the Jewish Agency for Israel, outgoing Cabinet Secretary Oved Yehezkel warned of the political problem posed by the situation. He said: "If the haredim [ultra-orthodox] don't begin to show flexibility, the moderate Orthodox establishment in Israel will begin to independently convert many thousands of Jews. In the end, the State of Israel will be forced to recognize these conversions regardless of the desires of the Chief Rabbinate or the official Conversion Authority."

Earlier this week, according to JTA, the Jewish Agency Assembly adopted resolutions calling for Israel to create an independent authority on Jewish conversions and special courts of Jewish law that would apply more "moderate and tolerant" halachic legal standards to facilitate conversions. (Full text of Jewish Agency resolutions.)

Tzipi Livni, the Kadima party candidate for prime minister in the upcoming Israeli elections, took an even more iconoclastic view in a speech to Americans and Canadians in Jerusalem attending the General Assembly of the United Jewish Communities. The Jerusalem Post quotes her remarks: "A Jewish state is not a monopoly of rabbis. It's what each and everyone feels inside. It's not about learning Hebrew or about joining the army, it's about Jewish tradition, Jewish history."

UPDATE: Here is the full text of Foreign Minister Livni's speech from the Ministry of Foreign Affair's website. The relevant quote is slightly different in this version.

Magistrate Says Subpoena for Megachurch Records Was Improperly Issued

Today's Minneapolis Star Tribune reports that a federal magistrate judge in Minneapolis has recommended that the court refuse to enforce an IRS subpoena for financial documents issued to Living Word Christian Center. The church argued that the subpoena for financial records was not approved by "an appropriate high-level Treasury official" as required by Internal Revenue Code Section 7611. IRS sought information about loans, lease of an aircraft and compensation paid by the Brooklyn Park (MN) megachurch to its pastor, Mac Hammond. (See prior posting.) The magistrate judge agreed with the church that authorization by the Director of Exempt Organization Examinations did not meet the Internal Revenue Code's standard. In United States v. Living Word Christian Center, (D MN, Nov. 18, 2008), the magistrate judge suggested that after a 1998 IRS reorganization, the authority to "halt over-zealous examination of churches" should have been given to the Commissioner of Tax Exempt and Government Entities.

AG Choice Eric Holder Has Little Record On Church-State or Religious Freedom Issues

Barack Obama's reported choice for Attorney General, Eric Holder, appears to have little record on church-state or religious freedom issues. The one aspect of his past record that arguably relates to these issues is his support for strong hate crimes enforcement and legislation. His biography on the Lawyers for One America website says that as United States Attorney for the District of Columbia, he "supported a renewed enforcement emphasis on hate crimes so that criminal acts of intolerance would be severely punished." As Deputy Attorney General in the Justice Department in 1999 he presented testimony (full text) strongly supporting the Hate Crimes Prevention Act of 1999. The Act however did not pass Congress. Holder's record gives little hint of whether or not he would continue the Justice Department's "First Freedom Project" launched in 2007 by then-Attorney General Alberto Gonzales. The project, operated in the Civil Rights Division, emphasizes enforcement in religious discrimination and religious liberty cases.

Objector Arrested For Disrupting Council's Moment of Silence With Loud Prayer

In Southport, Indiana, 70-year old Charles Lynch objects to Mayor Rob Thoman's practice of beginning City Council meetings with a moment of silence instead of a prayer as was the practice before Thoman's election. At Monday night Council's meeting, Lynch began reading a prayer out loud during the moment of silence. When he was asked to stop, he began to pray louder. He also refused to leave the meeting and resisted police trying to take him out, despite the mayor's warning at the beginning of the meeting against such conduct. Lynch was arrested and charged with disorderly conduct. Yesterday's Indy Star reports that Lynch is now threatening to sue for false arrest. He said: "I'm not promoting any church or any religion. All I want is the way it was. Why take away our rights as citizens to have a word of prayer, because we've always had it."

Suit Challenges Refusal To Issue Vanity Plates Refering To God

In Indiana, for an added fee the Bureau of Motor Vehicles issues personalized license plates bearing the driver's selected combination of letters and numbers. Indiana Code Ann. 9-18-15-4 permits the BMV to refuse an application of the requested lettering would be "offensive to good taste and decency." A state regulation interpreting this statute (140 Ind. Adm. Code 2-5-2) prohibits vanity plates that refer to race, religion, deity, ethnicity, gender, sexual orientation, or political party or affiliation" except for generally accepted references to race or ethnic heritage. Elizabeth Ferris applied for plates reading "BE GODS"-- which she explained was inspired by a Christian musician and meant "belonging to God." On Monday, Ferris filed suit in federal district court (full text of complaint) alleging that the refusal to issue her the requested plates violated the free speech, free exercise, equal protection and due process clauses of the U.S. Constitution. Alliance Defense fund issued a release announcing filing of the lawsuit. It pointed out that Ferris had been issued the plates for 9 years previously before this refusal, and that the state issues its own "In God We Trust" specialty plates. (See prior related posting.) Yesterday's Indy Star also reported on Ferris' lawsuit.

UPDATE: Wednesday's Indy Star reports that the Indiana BMV now says that it will allow Elizabeth Ferris to obtain her "BE GODS" license plate because she attempted to reserve the plates before the Nov. 6 effective date of new regulations that prohibit plates that refer to the deity. However BMV Commissioner Ron Stiver defended the new policy, saying that once it allows mention of God on plates, it will also be forced by prohibitions on viewpoint discrimination to issue offensive plates such as "GODLESS".

Algerian Appeals Court Upholds Conviction For Smoking During Ramadan

In Algeria, an appeals court yesterday upheld the convictions of three men for smoking cigarettes on the street during the Ramadan daylight fasting period this past September. However their sentences for offending religion were reduced from 3 month to 2 months in jail, and they are likely to be released this week. The court reversed the conviction of a fourth defendant who was smoking in private. AP reports that the men-- all of whom were construction workers-- were caught in an upscale Algiers neighborhood. Apparently they were charged under a 2001 law that punishes "denigrating the dogmas or precepts if Islam." Algerian secularists are concerned about growing government enforcement of religious rules.

Maryland County Residents Urge Council To Reject RLUIPA Settlement

In Bristol, Maryland, zoning officials denied Riverdale Baptist Church a permit to construct an expanded campus for its Arundel Bay Christian Academy. The Church in turn filed a RLULIPA lawsuit in federal district court charging discrimination. County attorneys negotiated a settlement under which the county would adopt legislation essentially permitting the project to proceed. Yesterday's Annapolis Capital reported that at Monday's South County Council meeting, some 50 residents urged Council to reject the proposed settlement and fight the lawsuit in court. They point to traffic, water runoff and urbanization concerns.

Newsweek Criticized For Article On Obama As the Antichrist

This week's issue of Newsweek carries an article titled Is Obama the Antichrist? The article reports on various signs pointed to by Christian millennialists leading them to the conclusion that the president-elect is the world leader who will usher in the great battle, the Rapture and the Second Coming. Among the portents is the fact that recently one of the winning lottery numbers in Illinois, Obama's home state, was 666 (the sign of the beast). The article reports that Liberty University's law school dean Mat Staver says he does not believe Obama is the Antichrist, but can see how others might believe it. A posting yesterday on Media Matters takes Newsweek to task for giving credibility in its article to the views of RaptureReady.com editor Todd Strandberg

Holder of Sharia Law Degree Becomes Egypt's First Woman Marriage Registrar

Al Jazeera yesterday published an interview with Amal Soliman, the first woman in Egypt to be appointed as a Mazouna, or female marriage registrar. Registrars conduct wedding ceremonies, recite verses from the Quran at the ceremony and sign the official certificates making the marriage legally binding. They also officiate at divorces. The the Committee of Egyptian Mazouns had challenged Soliman's application, saying that it is inappropriate for a woman to hold the position. However Soliman, who holds a post-graduate degree in Sharia law, eventually won out over ten male applicants for the position. Local family court judge Khaled el-Shalkamy accepted Soliman's application last February, but it took until late September for the Egyptian Minister of Justice to formally sign off on the appointment. Soliman conducted her first wedding ceremony on Oct. 25. On Nov. 14, United Arab Emirates followed suit by appointing its first woman as a Mazouna.

HHS Proposal on Religious Objectors Opposed by Some EEOC Members

Today's New York Times reports on the many comment letters that the Department of Health and Human Services has received on its proposed regulations designed to protect conscience rights of doctors and other health care providers participating in programs receiving HHS funding. The regulations apply to those who have moral or religious objections to providing certain medical procedures, including sterilization and abortion. (See prior posting.) Among the many individuals opposing the rule were three officials of the Equal Employment Opportunity Commission: its Republican legal counsel, Reed L. Russell, and two Democratic EEOC members, Stuart J. Ishimaru and Christine M. Griffin. They contend that the new rules are unnecessary in light of existing legal precedent. The Times quotes from the letter submitted by Ishimaru and Griffin which argues that the proposed rules would throw into question from 40 years of court decisions had carefully balanced "employees' rights to religious freedom and employers’ business needs." Here is a link to the public submissions on the rule that have been received by HHS.

Indiana's Sale of "In God We Trust" Plates Without Added Fee Is Upheld

In Studler v. Indiana Bureau of Motor Vehicles, (IN Ct. App., Nov. 17, 2008), an Indiana state appellate court rejected a challenge to Indiana's sale of "In God We Trust" license plates to motorists without charging the $15 administrative fee that is added to the cost of most other special plates. An Indiana driver who was assessed added fees for the state's "Environment" license plate argued that the differential treatment violated Art. I, Sec. 23 of the state's Constitution. That section provides: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens." The court rejected plaintiff's argument, holding that "the classification is reasonably related to the inherent characteristics of the license plates," and "the unequal burden is uniformly applicable to all similarly situated class members." Yesterday's Munster (IN) Times reports on the decision.

Religious Groups Ask California Supreme Court To Void Proposition 8

Yesterday the California Council of Churches along with a number of liberal Protestant and Jewish groups filed a "Petition for Writ of Mandate or Prohibition" (full text) with the California Supreme Court seeking to prevent enforcement of Proposition 8 that was approved by voters earlier this month. (Press release). The petition alleges that the state constitutional amendment barring same-sex marriage was adopted using improper procedures. California's constitution (Art. XVIII) has stricter requirements for constitutional "revisions" than it does for "amendments." Only amendments can be adopted through the initiative process-- the route used for Proposition 8. Revisions require a two-thirds vote of the legislature before being submitted to voters. The Petition filed with the Supreme Court reads in part:

The religious institutions that file this petition ... count on article XVIII to ensure that the California Constitution's guarantee of equal protection for religious minorities cannot be taken away without a deliberative process of the utmost care possible in a representative democracy. If Proposition 8 is upheld, however, the assurance will disappear-- for, just as surely as gay men and lesbians could be deprived of equal protection by a simple majority vote, so too could religious minorities be deprived of equal protection-- a terrible irony in a nation founded by people who emigrated to escape religious persecution.

Six separate legal challenges to Proposition 8 have been filed with the California Supreme Court. (San Jose Mercury News, Nov. 17). [Thanks to Don Clark for the lead.]

German Homeschoolers Seek Political Asylum In U.S.

In Germany, children are required to attend public school and home schooling is banned. Uwe and Hannelore Romeike who homeschool their children recently left Germany for the United States in order to avoid fines, jail and possible loss of custody of their children. HSLDA reported yesterday that a petition for political asylum has been filed by the Romeikes who refuse for religious reasons to send their children to Germany's secular public schools. The Romeike family currently lives in Tennessee where they are free to homeschool. Asylum is available where individuals in the U.S. have a well-founded fear of actual persecution because of their race, religion, nationality, membership in a particular social group or political opinion if they return to their home country. Homeschool Legal Defense Association is supporting the unusual asylum application.

Town Sued Over Zoning Ban Preventing Church From Sheltering Homeless

According to the Pittsburgh Post-Gazette, the Pennsylvania ACLU filed a lawsuit in federal court yesterday on behalf of First Apostles Doctrine Church of Brookville, Pennsylvania. The church and its pastor, Rev. Jack L. Wisor, want to use the church as a homeless shelter, saying providing shelter to "guests" is part of its ministry. In August, Wisor was fined $500 for zoning violations stemming from his allowing three homeless men to live in the church's parsonage. (See prior posting.) The lawsuit alleges that the zoning enforcement violates the 1st Amendment's free exercise clause, the 4th Amendment's protection against unreasonable search and seizure, RLUIPA and Pennsylvania's Religious Freedom Protection Act.

UPDATE: The day after the lawsuit was filed, the parties reached a settlement agreement and on Wednesday the court issued an order that permits the church to resume housing up to eight homeless people and two staff members. (York (PA) Daily Record).

French Appellate Court Reverses Controversial Annulment

An appellate court in Douai in northern France yesterday reversed a decision by a lower court that had granted a Muslim husband an annulment when he discovered that his wife was not the virgin she had claimed to be. The lower court had held that the husband was misled "concerning essential qualities" of his wife. (See prior posting.) Agence France Press reports that now the wife supports the annulment. Many European parliament members complained however that the lower court decision amounted to unacceptable infringement of religion into the public sphere. French Justice Minister Rachida Dati says that, despite the government appeal of the case, the annulment would be acceptable on other non-religious grounds such as breach of trust between husband and wife.

British Employment Appeal Tribunal Broadly Protects Against Religious Bias

In Saini v. All Saints Haque Centre, (UK Empl. App. Trib., Oct. 24, 2008), a British Employment Appeal Tribunal held that the Employment Equality (Religion or Belief) Regulations 2003 were violated when Employee A is mistreated for the purpose of seeking to get rid of Employee B on the grounds of Employee B's religion. The claimant asserted that an immigration advice center was controlled by adherents to the Ravidass faith who were determined to bring pressure against Hindus employed at the center. Personnel Today reported on the case in yesterday's edition.

Nigerian Court Orders Release of Man Arrested For Having 86 Wives

IBN reports today that Nigeria's Federal High Court has ordered the unconditional release of Mohammed Bello Abubakar. The 84-year old man had been arrested and charged with "insulting religious" creed and "unlawful marriages" after local Muslim leaders ordered him to divorce 82 of his 86 wives. (See prior posting.) Initially he was arraigned by an Upper Sharia Court in Niger state. Now the Federal High Court has ordered the inspector general of police to give Abubakar protection from local authorities. BBC News reported several days ago that Abubakar had been released on bail, but IBN says he is still in custody. There is no law against polygamy in Nigeria, but Islamic law permits only four wives. The Niger state government says it will appeal the High Court's order. It is one of the Nigerian states that has reintroduced Sharia law.

Court Supervised Election of Buddhist Temple Board Upheld

In Wat Phra Buddha Chinnaraj Buddhist Temple v. Ketpongsuda, (CA Ct. App., Nov. 14, 2008), a California Court of Appeals upheld a trial court's resolution of a dispute over control of a Buddhist Temple in Chino Hills, CA. The trial court found that bylaws adopted in 1996 were the governing instrument and that later revisions were not properly adopted. It went on to order an election of new directors under the 1996 bylaws. The election was supervised by a court-appointed special master. The appellate court found that the court below properly applied "neutral principles of law" in making its determinations, and did not infringe the Temple's free exercise of religion protected by the California constitution.

Seven Amish Men Convicted For Refusing To Use Safety Emblem

After an all-day trial in a Graves County court in Mayfield, Kentucky, seven Amish men were convicted Friday of refusing to use the state-mandated orange "slow-moving vehicle" emblem on their horse-drawn buggies. They were fined a total of $250. Objecting to bright colors, they are willing only to use gray tape, plus lanterns at night. Believing that they should not trust their safety to a man-made symbol, they insist that the tape only outline the back of their buggies. The Louisville Courier-Journal reported yesterday that the defendants, members of the Swartzentruber Amish sect, plan to appeal. They claim that insistence on using the state emblem infringes their free exercise rights, and that their prosecution was discriminatory because the law has not been enforced against slow-moving farm machinery. (See prior related posting.)

Recent On-Topic Scholarly Articles and Book

From SSRN:

• Paul Horwitz, The Philosopher's Brief, (Constitutional Commentary, Forthcoming).


• Thomas Charles Berg, Religious Organizational Freedom and Conditions on Government Benefits, (Georgetown Journal of Law & Public Policy, 2009).


• Perry Dane, West Virginia State Board of Education V. Barnette, 319 U.S. 624 (1943), (ENCYCLOPEDIA OF THE UNITED STATES SUPREME COURT, David Spinoza Tanenhaus, ed., Gale, 2008).


• Amelia J. Uelmen, 'It's Hard Work': Reflections on Conscience and Citizenship in the Catholic Tradition, (Journal Catholic Legal Studies, Vol. 47, pp. 317-342, 2008).

From Bepress:

• Maurice Adams & Adriaan J. Overbeeke, The Constitutional Relationship between Law and Religion in the History of Ideas: A Contemporary European Perspective, (Global Jurist: Vol. 8 : Iss. 3, 2008)).

From SmartCILP and elsewhere (Constitutional Law issues):

• Paul E. McGreal, The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums, (Northwestern University Law Review, Oct. 27, 2008).


• Susan Gellman & Susan Looper-Friedman, Thou Shalt Use the Equal Protection Clause for Religious Cases (Not Just the Establishment Clause), 10 University of Pennsylvania Journal of Constitutional Law 665-743 (2008).


• Daniel A. Seeger, Reconciling Religious Faith and Democratic Practice: The Problem of the Elusive Definition of Religion, 84 Notre Dame Law Review 97-109 (2008).


• Deborah Jones Merritt & and Daniel C. Merritt, The Future of Religious Pluralism: Justice O'Connor and the Establishment Clause, 39 Arizona State Law Journal 895-948 (2007).

From SmartCILP (Law & Religion):

• Marriage, Religion, and the Role of the Civil State. Foreword by Joel A. Nichols; articles by Margaret F. Brinig, Steven L. Nock, Elliot N. Dorff, John Witte, Jr. and Joel A. Nichols. (Links to full text.) 5 University of St. Thomas Law Journal 544-615 (2008).


• Liaquat Ali Khan, Advocacy under Islam and Common Law, 45 San Diego Law Review 547-608 (2008).


• W. Jesse Weins, Employer Funding of Fertility Awareness Training: Acceptable Alternative to Mandated Prescription Contraceptive Coverage in Employee Benefits, 12 Michigan State University Journal of Medicine & Law 321-339 (2008).


• Alfred L. Brophy, How Missionaries Thought: About Property Law, For Instance, 30 University of Hawaii Law Review 373-399 (2008).


• Charles R. Foster, Identity and Integrity in Clergy Formation, 5 University of St. Thomas Law Journal 457-469 (2008).

Recent Book:

• John L. Esposito and Dalia Mogahed, Who Speaks for Islam? What a Billion Muslims Really Think, (Gallup Press, March 2008), author interview in Christianity Today.

Will Prince Charles Eventually Have Religiously More Inclusive Title?

According to an article in yesterday in Religious Intelligence, recent reports that Britain's Prince Charles would change the Coronation Oath to make it more multi-faith when he eventually becomes king are unfounded. Britain's monarch is head of the Church of England as well as head of state. Prince Charles has indicated in the past that he would like the king's traditional title, "Defender of the Faith", to be changed to the more inclusive "Defender of Faith"-- omitting "the" from the title. The exact style of the British sovereign has been modified over the years by Parliament. Apparently one way for Charles to accommodate his wishes would be for Parliament to revert to the original Latin form-- "Fidei Defensor." It can be translated either as referring to "faith" or "the faith". Despite the implication to the contrary in the Religious Intelligence article, the Coronation Oath does not appear to contain a reference to the title of the monarch.

Boy At Center of D.C. Hospital's Suit Buried After Heart-Lung Function Ends

AP reported yesterday that 12-year old Motl Brody died Saturday and was buried on Sunday in Brooklyn, NY. Brody was at the center of a pending lawsuit in Washington, D.C. (See prior posting.) Children's National Medical Center was seeking court approval to disconnect the boy's ventilator because he was pronounced brain dead. The religious beliefs of Motl's Orthodox Jewish parents were that life does not end until heart and lung functions cease. Apparently that point was reached Saturday.

German Professor of Islamic Theolgy Says Muhammad Never Existed

Yesterday's Wall Street Journal reports on Prof. Muhammad Sven Kalisch, head of the Center for Religious Studies at Germany's Munster University. A convert to Islam, Kalisch is Germany's first professor of Islamic theology. Hired to apply Western scholarship to Islamic studies, he has now concluded that the Prophet Muhammad probably never existed. He says this does not mean he is no longer a Muslim. Officials, alarmed at the implications of his scholarship, have removed him as head of a program to train teachers to teach religion to their Muslim students in public schools. Police have told Kalisch to move his Center to a more secure area. The Center has removed a sign identifying its location and has eliminated its address from its website.

Challenge To Religious Workers Visa Provisions Moves Ahead

In Ruiz-Diaz v. United States, 2008 U.S. Dist. LEXIS 91967 (WD WA, Oct. 31, 2008), a Washington federal district court denied defendants' motion to dismiss a class action brought on behalf of certain foreigners in the United States who are seeking Religious Worker visas and by three religious organizations that employed them. The suit challenges a government regulation (8 CFR 245.2) that precludes applicants from filing for Adjustment of Status before their employer's visa application is approved. Plaintiffs were permitted to move ahead on their due process, equal protection, free exercise and Religious Freedom Restoration Act claims. (See prior related posting.)

Muslim Deli Owner Charges Yonkers Police With Selective Enforcement

A Yonkers, New York delicatessen owner has filed a federal civil rights lawsuit against 14 Yonkers police officers. According to Friday's Lower Hudson Journal News, Haifa Tamimi says police engaged in selective enforcement against her of a city ordinance requiring businesses to close between midnight and 6 a.m. She says she was targeted beginning in 2002 because she was a Muslim and an Arab. The lawsuit claims other businesses were not ticketed. Her 24-hour deli did most of its business during the midnight to 6 a.m. shift.

Court Upholds Jurisdiction To Decide Which Faction Controls Church Property

Avondale Church of Christ v. Merrill Lynch, (TN Ct. App., Nov. 10, 2008) involves a dispute between two factions of a congregationally governed church. The dispute developed after the minister selected new leadership for the congregation. A Tennessee state appellate court affirmed the trial court's jurisdiction to decide who should control church funds and property and held that it acted properly in ordering a vote of the membership on that issue. However the trial court lacked jurisdiction to decide the propriety of the dismissal of the church's minister by the faction-- known as the Men's Business Committee-- that won the election or the identity of "church leadership" beyond control of church property.

Recently Available Prisoner Free Exercise Cases

In Charleston v. Rojas, 2008 U.S. Dist. LEXIS 91573 (CD IL, Nov. 12, 2008), an Illinois federal district court dismissed an inmate's complaint that authorities denied his request for a vegan diet for religious reasons. the court found that plaintiff had not exhausted his administrative remedies.

In Berry v. Waushara County Jail, 2008 U.S. Dist. LEXIS 91540 (ED WI, Nov. 4, 2008), plaintiff alleged that jail authorities violated his rights under the 1st Amendment and RLUIPA by failing to provide him with a Halal diet, refusing to let him order religious items, denying Muslims group worship and forcing him to purchase a Q'uran while Bibles were given out for free. The court allowed plaintiff to proceed in his claim for damages against the jail administrator in his official capacity, but dismissed claims for injunctive relief because plaintiff was now housed in a different facility.

In Means v. Lampert, 2008 U.S. Dist. LEXIS 92257 (WD OK, Nov. 12, 2008), an Oklahoma federal district court held that an inmate's complaint should be construed to include a RLUIPA claim even though only 1st Amendment claims were initially referenced.

In Mosley v. Campbell, 2008 U.S. Dist. LEXIS 71454 (ED CA, Aug. 11, 2008), a California federal district court approved a magistrate's recommendation (2008 U.S. Dist. LEXIS 92409, July 15, 2008) to dismiss a Muslim inmate's challenge to prison grooming standards. The court found that plaintiff was not disciplined because he grew his beard, but instead because he "designed" the beard differently from its natural growth.

"Hisba" Lawsuits Growing In Egypt

A story in last Thursday's Middle East Times discusses the growing use of "hisba" lawsuits in Egypt and elsewhere in the Muslim world against bloggers, journalists and intellectuals. As explained in another Middle East Times article last August, hisba lawsuits are an invention of Islamic jurisprudence that permit private individuals to defend matters of faith to hold fellow citizens and the state accountable for upholding religious principles. Egypt's Decree Law 78 gives individuals the right to file lawsuits in cases where an exalted right of God has been violated. Increasingly however political critics are being charged with apostasy under these laws.

Speeches and Declaration From UN Sessions On Interreligious Understanding

The United Nations has released a summary of all the remarks made by world leaders at the Nov. 12-13 "Culture of Peace" meeting of the General Assembly called to discuss interreligious dialogue. Secretary General Ban Ki-moon's opening statement at a press conference following the sessions thanked Saudi Arabia's King Abdullah for initiating the conference. The Secretary General also read the Declaration adopted by the participants. It stated in part:

Concerned about serious instances of intolerance, discrimination, hatred expressions, and harassment of minority religious communities of all faiths, participating states underlined the importance of promoting dialogue, understanding, and tolerance among human beings, as well as respect for all their diverse religions, cultures and beliefs. Participating states affirmed their rejection of the use of religion to justify the killing of innocent people and actions of terrorism, violence and coercion, which directly contradict the commitment of all religions to peace, justice and equality.

(See prior related posting.)

Indiana School's Released Time Program Challenged In Court

The Ft. Wayne (IN) Journal Gazette reported yesterday on a federal lawsuit filed by the Indiana ACLU challenging a Huntington Indiana elementary school's "released time" program. The suit brought on behalf of parents of an 8-year old argues that the school district has violated the Establishment Clause by supporting the voluntary religious instruction program that is offered during school hours in church-owned mobile trailers parked in Horace Mann Elementary School's parking lot. The trailers use the school's electricity, students are escorted to the trailers by their teachers, and students who elect not to participate go to their school classroom but receive no alternative programming.

Diocese Repudiates Priest Who Told Obama Voters To Seek Penance

ABC News today reports on an unusual public repudiation by the Catholic Diocese of Charleston, South Carolina of statements made by a Greenville, SC priest, Father Jay Scott Newman . Last week Newman wrote in his church newsletter that any Catholic who voted for Barack Obama needed to seek penance before again taking communion. He said: "Voting for a pro-abortion politician when a plausible pro-life alternative exits constitutes material cooperation with intrinsic evil, and those Catholics who do so place themselves outside of the full communion of Christ's Church and under the judgment of divine law. Persons in this condition should not receive Holy Communion until and unless they are reconciled to God in the Sacrament of Penance, lest they eat and drink their own condemnation."

Monsignor Martin T. Laughlin, Administrator of the Diocese of Charleston, issued a statement yesterday reading in part:

This past week, the Catholic Church’s clear, moral teaching on the evil of abortion has been pulled into the partisan political arena. The recent comments of Father Jay Scott Newman ... have diverted the focus from the Church’s clear position against abortion.... [L]et me state with clarity that Father Newman’s statements do not adequately reflect the Catholic Church’s teachings. Any comments or statements to the contrary are repudiated....

Christ gives us freedom to explore our own conscience and to make our own decisions while adhering to the law of God and the teachings of the faith. Therefore, if a person has formed his or her conscience well, he or she should not be denied Communion, nor be told to go to confession before receiving Communion.... We should all come together to support the President-elect and all elected officials with a view to influencing policy in favor of the protection of the unborn child.

Focus Continues on Mormon Leadership of Proposition 8 Campaign

The AP reports that Fred Karger, founder of Californians Against Hate, filed a complaint Thursday with the California Fair Political Practices Commission. It alleges that the Church of Jesus Christ of Latter-day Saints failed to report the full value of its in-kind contributions to the campaign in support of California's Proposition 8 banning same-sex marriage. Meanwhile today's New York Times ran an article detailing the extensive funding and volunteer efforts by members of the Mormon Church in the campaign for Proposition 8. Leaders were careful to keep the activities volunteer ones that did not formally involve the Church. But, according to the Times, "Proposition 8, was to many Mormons a kind of firewall to be held at all costs." (See prior posting.) [Thanks to Alliance Alert for the lead.]

Marines Sued By Contractor Whose Car Decals Were Banned On Base

Last Monday, Jesse Nieto, a Marine veteran who works as a civilian at Camp Lejuene Marine base in North Carolina, filed suit against military officials challenging their order that he remove various anti-Islamic decals from his car that he drives to work. Nieto's son was killed in the 2000 bombing of the USS Cole. The Base Magistrate issued a written order barring Nieto's car from the base and all other federal installations until all the decals were removed. This had the effect of also barring him from using his car to visit his son's grave at Arlington Cemetery.

According to an AP report today, Camp Lejeune's Equal Employment Opportunity office received several complaints that Nieto's decals were offensive. The suit reveals that among the offensive decals were one that read: "Islam = Terrorism"; and another that read: "Disgrace My Countries Flag. And I will SHIT On Your Quran." Even after the most offensive decals were removed, officers insisted that he remove others as well. The federal court complaint (full text) alleges that these orders violated Nieto's free speech and equal protection rights. It argues that the orders are not viewpoint neutral. A Nov. 12 release by the Thomas More Law Center that represents Nieto says that the orders are "political correctness run amuck."

NC Senator-Elect Drops Defamation Suit Over "Godless Americans" Ads

Kay Hagan, winner in the recent election of the U.S. Senate race in North Carolina, has dropped her defamation lawsuit filed just before the election against incumbent Sen. Elizabeth Dole. CNN reported yesterday on Hagan's decision to focus on economic issues facing the country instead of pursuing the lawsuit that challenged election ads Dole ran against Hagan questioning her religious beliefs. The challenged ads attempted to identify Hagan with members of the Godless Americans Political Action Committee who attended a fund raiser for Hagan. Hagan is an elder of the Presbyterian church and a Sunday school teacher. (See prior posting.)

Colorado Governor Sued Over Day of Prayer Proclamations

In Colorado, the Freedom from Religion Foundation and several of its members filed a lawsuit in state court last Wednesday challenging Gov. Jim Ritter Jr.'s practice of issuing National Day of Prayer proclamations. The complaint (full text) alleges that the proclamations and related celebrations amount to governmental endorsement of religion in violation Art. II, Sec. 4 of Colorado's Constitution. The Daily Kenoshan reports on the lawsuit. Other suits challenging day of prayer proclamations were filed earlier this year in Wisconsin and Texas. (See prior postings 1, 2.)

Court Says It Can Decide On Validity of Board Expansion By Jewish School

In Schwimmer v Welz, (NY App. Civ., Nov. 12, 2008), a New York appellate court held that a civil court could decide whether an amendment to the certificate of incorporation expanding the number of board members of United Talmudic Academy of Boro Park, and the election of new board members under those amendments, were valid. The court said that even though the Academy is a religious corporation, deciding the case does not turn on religious issues: "Membership on the Board is not conditioned upon any religious criteria, and the issues raised with respect to the challenged status of the various individuals claiming to be Board members concern only notice requirements, requisites for the conduct of Board meetings and elections, and requirements for amending corporate documents." The case was remanded to the trial court for it to join additional necessary parties. [Thanks to J.J. Landa for the lead.]

Bush Speaks At U.N. Session On Interfaith Cooperation

Yesterday, President George W. Bush spoke (full text of remarks) at the United Nations High-Level Debate on Interfaith Dialogue. Here are some excerpts:

One of my core beliefs is that there is an Almighty God -- and that every man, woman, and child on the face of this Earth bears His image. Many years ago, faith changed my life. Faith has sustained me through the challenges and the joys of my Presidency. And faith will guide me for the rest of my days....

Freedom is God's gift to every man, woman, and child -- and that freedom includes the right of all people to worship as they see fit. Sixty years ago, members of the United Nations General Assembly acknowledged this truth when we adopted the Universal Declaration of Human Rights....

Our nation was founded by people seeking haven from religious persecution.... And through the generations, our nation has helped defend the religious liberty of others -- from liberating the concentration camps of Europe, to protecting Muslims in places like Kosovo, Afghanistan, and Iraq.

Today, the United States is carrying on that noble tradition by making religious liberty a central element of our foreign policy. We've established a Commission on the International Religious Freedom to monitor the state of religious liberty worldwide. We strongly encourage nations to understand that religious freedom is the foundation of a healthy and hopeful society. We're not afraid to stand with religious dissidents and believers who practice their faith, even where it is unwelcome.

The U.N. session was initiated by Saudi Arabia's King Abdullah. (See prior posting.)

Unusual Delay of Oral Arguments In Summum Case Requested, But Apparently Ignored

Last Monday, a letter was delivered to Chief Justice John Roberts making an unusual request in connection with the then-upcoming oral arguments in Pleasant Grove City v. Summum. At issue in the case was a request by Summum to post a 7 Aphorisms monument in a city park where a 10 Commandments monument already stands. The letter from Robert Ritter, president of the Jefferson Madison Center for Religious Liberty (full text), asked the Court to postpone the scheduled oral arguments "until such time as the Court publicly discloses ... that a literal translation of the Hebrew on the tablet that Moses is holding on the Court's South Wall Frieze is opposite of the Ten Commandments...."

At issue is a depiction in the Supreme Court building of Moses holding two tablets, with his robe and beard hiding much of the lettering on them. So, for example, the Hebrew inscription for "Thou shall not murder" is partially covered so the Hebrew word "lo" ("thou shalt not") is hidden. Ritter's letter suggests that the Court's 2005 decision in Van Orden v. Perry, upholding a 10 Commandments display on the Texas state capitol grounds, was influenced by the belief that the display in the U.S. Supreme Court was an accurate rendition of the Decalogue. In his majority opinion in Van Orden, Chief Justice Rehnquist wrote: "Since 1935, Moses has stood, holding two tablets that reveal portions of the Ten Commandments written in Hebrew, among other lawgivers in the south frieze."

The Supreme Court's docket entries in the Pleasant Grove City case do not reflect that the Ritter's letter was made part of the formal file in the case.

Statements Offer Advice To Obama On Issues of Concern On Religious Matters

The incoming Obama administration is receiving advice from numerous quarters on positions it should take on issues of interest to various religious groups. Chicago Cardinal Francis George, president of the United States Conference of Catholic Bishops, issued a statement (full text) welcoming the opportunity to work with Obama. The statement, which was unanimously approved by nearly 300 bishops, warned however: "The recent election was principally decided out of concern for the economy, for the loss of jobs and homes and financial security for families, here and around the world. If the election is misinterpreted ideologically as a referendum on abortion, the unity desired by President-elect Obama and all Americans at this moment of crisis will be impossible to achieve." Christianity Today reported on the statement.

Meanwhile Prof. Marci Hamilton posted an article at Findlaw titled The Five Religion-Related Issues that Should Most Concern the Future Obama Administration. Her suggested agenda for the new President includes: (1) End religious discrimination in programs that receive government funding; (2) choose an Attorney General, Solicitor General and, if necessary, Supreme Court Justices who demonstrate a healthy respect for the Establishment Clause and the separation of church and state; (3) support state measures to prevent and prosecute child sex abuse, even when it occurs within religious communities; (4) offer federal resources to investigate the abuses -- including child abuse -- that typically arise from polygamy.; (5) as part of the government's aid to homeowners, revoke laws that unfairly privilege religious groups in local zoning conflicts.

Ithaca Sued By Evangelist Over Enforcement of Noise Ordinance

Alliance Defense Fund announced yesterday that it had filed a federal lawsuit against the city of Ithaca, New York on behalf of traveling Christian evangelist James Deferio. The complaint (full text) alleges that Deferio's free speech and due process rights were violated when police attempted to enforce against his loud preaching a city ordinance banning noise that can be heard more than 25 feet away. In 2006, a federal court judge had enjoined the city from enforcing this noise ordinance in a suit brought by another evangelist.

Brazil's President Signs Agreement With Vatican

In the Vatican yesterday, Brazil's President Luiz Inacio Lula da Silva signed an agreement with the Vatican on the juridical status of the Catholic Church in Brazil. CNS reports that the Vatican will not publish the full text of the agreement until it is ratified by Brazil's Parliament. In general, however, the agreement recognizes the legal status of the Church, its educational degrees and its teaching of religion in the public schools. The agreement also recognizes marriages performed by the Church and assures access of Catholic chaplains to military bases, prisons and hospitals. An innovation in this agreement is its assurance that "other religious confessions" as well as the Catholic Church will be able to teach their tenets in Brazil's schools.

Study Released On State Anti-Discrimination Laws and Same-Sex Marriage

Earlier this week, the Becket Fund announced the release of a study titled Same-Sex Marriage and State Anti-Discrimination Laws. The Executive Summary says in part:

The survey revealed that over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage.... Based on this data, we conclude that if same-sex marriage is recognized by courts or legislatures, people and institutions who have conscientious objections to facilitating same-sex marriage will likely be sued under existing anti-discrimination laws—laws never intended for that purpose. Lawsuits will likely arise when religious people or religious organizations choose, based on their sincerely held religious beliefs, not to hire individuals in same-sex marriages, refuse to extend spousal benefits to same-sex spouses, refuse to make their property or services available for same-sex marriage ceremonies or other events affirming same-sex marriage, or refuse to provide otherwise available housing to same-sex couples.

The study recommended that states "ensure that any recognition of same-sex marriage is preceded by robust exemptions to anti-discrimination rules." Along with the report, the Becket Fund published a useful chart on existing religious exemptions to anti-discrimination laws, by state.

Islamist Insurgents Take Somalian Seaport

Islamist insurgents have expanded the area they control in Somalia. Today's New York Times reports that Islamist guerrillas took over Merka, and important seaport 60 miles south of Mogadishu. The insurgents met no resistance. The Islamists are part of a group called the Shabab (background) that has been designated as a terrorist group by the U.S. State Department. Many Somalis, seeking law and order, welcome the takeover. The group has imposed strict Islamic law in some areas it controls.

Court Refuses To Dismiss Most Claims Against Archdiocese In Abuse Case

In Noll v. Hartford Roman Catholic Diocesan Corp., 2008 Conn. Super. LEXIS 2661 (CT Super, Oct. 20, 2008), a Connecticut trial court refused to dismiss claims that the Hartford Catholic archdiocese was negligent in failing adequately to supervise, evaluate, and train a priest who abused plaintiff and failed to investigate reports of the priest's wrongful behavior. The court, analyzing prior case law, held that "the bulk of the plaintiff's claims of negligent and reckless institutional failure to appropriately deal with child sexual abuse will not inexorably entangle the court in a doctrinal dispute." However the court did strike from the complaint portions of two counts that specifically refer to religion-based obligations.

Group Wants New Military Rules Protecting Nonbelievers

Stars and Stripes reported yesterday that the Secular Coalition for America is asking the incoming Obama administration to issue new rules against proselytizing in the military. It also wants more training for chaplains on how to deal with non-religious troops. At a news conference on Monday, the group called for new rules that would eliminate public prayer from any event where troop attendance is mandatory and prohibit the Defense Department endorsing any specific religion or religion in general. Around 20% of service members say they have no particular religious affiliation.

Suit Challenges Washington State Limits On Special Ed In Religious Schools

In Washington state, three families represented by the Institute for Justice have filed suit against the state's Office of Superintendent of Public Instruction challenging regulations that require religious school students to travel off premises to obtain special education services. The federal Individuals with Disabilities Education Act (20 USC 1412) requires states to make these services available to children in private a well as public schools. Unlike many other states, Washington will not offer therapeutic services on site at religious schools (Wash. Admin. Code 392-172A-04075), relying on the state Constitution's ban on state funding for any religious establishment (Art. I, Sec. 11)and its requirement that no school receiving state aid may be under sectarian control (Art. IX, Sec. 4). The complaint in DeBoom v. Bergeson, (WD WA, filed 11/12/2008), alleges that the Washington regulations violate the Free Exercise, Establishment, Equal Protection and Due Process clauses of the federal Constitution. Yesterday's Seattle Times reports on the lawsuit. the Institute of Justice website provides additional background material.

Humanists Run "Why Believe In God?" Ad In Time For Christmas

The American Humanist Association is apparently fueling a new round in the debate over public displays at Christmas time. CBN News reported yesterday that the AHA will spend $40,000 to place ads on the outside and inside of buses in Washington, D.C. Space is being purchased through December. The ads read: "Why believe in a god? Just be good for goodness' sake." (Photo of ads.) An AHA spokesman explained: "Our reason for doing it during the holidays is there are an awful lot of agnostics, atheists, and other types of non-theists who feel a little alone during the holidays...." An AHA press release last Tuesday says that similar ads are running in the New York Times and Washington Post.

Federal Court Will Not Stop Utah Hearing On Sale of FLDS Land

A Utah federal district court judge yesterday said he would not bar a Friday hearing in a Utah state court on whether to approve sale of Berry Knoll Farm by the FLDS United Effort Plan Trust. (See prior posting.) However Judge Dee Benson asked FLDS attorneys to report on Friday's hearing. The court will then decide-- before the sale closes--whether to hold a further hearing on FLDS claims that its free exercise rights are being violated by Utah's reformation of the terms of the UEP Trust and its takeover of administration of trust property. Yesterday, the Salt Lake Tribune and KSL-TV News reported on the federal judge's ruling.

UPDATE: On Friday, Utah state court Judge Denise Lindberg postponed the scheduled hearing on the sale of Berry Knoll Farm so that the parties could work out "a global resolution" of pending litigation and a plan for its future management. The postponement came at the request of the Utah Attorney General's office and after a meeting in chambers between the judge and attorneys for both parties. Saturday's Salt Lake Tribune reported that 2500 members of the FLDS Church showed up at Friday's hearing to show their disapproval of the proposed land sale.

Council of Europe Gives Guidance on Religious Symbols and Hate Speech

The Council of Europe announced yesterday that it is publishing Manuals to offer guidance on two controversial issues. The Manual on the Wearing of Religious Symbols in Public Areas, authored by Prof. Malcolm Evans, points out that European Court of Human rights case law gives states broad regulatory discretion, but individuals should enjoy the fullest possible freedom of belief. The Manual on Hate Speech, authored by Anne Weber, attempts to distinguish insulting speech that is protected from unprotected hate speech. The Council has posted online in English a fact sheet on wearing religious symbols in public (Word document) and a fact sheet on hate speech (Word document).

California Catholic Bishops Defend Passage of Proposition 8

The Executive Committee of the California Catholic Conference yesterday issued statement defending its support of California's Proposition 8 banning same-sex marriage. The ballot measure passed last Tuesday, and its passage has generated continued controversy. The statement said in part:

The radical change in the definition of marriage to include same-sex partners discounts both history and biology and ignores how deeply marriage—as the union of a man and a woman—is embedded in our culture, language, and laws and how foundational it is for the well-being of children and the flourishing of society. To change the definition of marriage to include any two adults diminishes the institution to mean only a legal partnership.

Under present law domestic partners continue to have the rights and benefits of married couples in the State of California. It is our conviction that it is not necessary to change the definition of marriage to protect those rights and benefits.

Denmark Proposing Ban On Judges Wearing Headscarves In Court

Denmark's Justice Minister Brian Mikkelsen says he is about to introduce legislation that would prohibit Muslim women judges from wearing headscarves in court. Politiken.dk yesterday reported on the proposed legislation that would reverse a ruling handed down last year by Denmark's independent Judicial Board. A Justice Ministry news release explains: "during court hearings, judges must not, through behaviour or clothing, express religious or political affiliations or attitudes towards religious or political issues." (See prior related posting.)

"Seven Aphorisms" Case Argued In Supreme Court [UPDATED]

The Supreme Court this morning heard oral arguments in Pleasant Grove City, UT v. Summum (Docket No. 07-665), a case in which the 10th Circuit Court of Appeals held that members of the Summum faith are entitled to erect a "Seven Aphorisms" monument in a city park in which a 10 Commandments monument donated by the Fraternal Order of Eagles is already displayed. (See prior posting.) Links to all the merit and amicus briefs filed in the case are available on Scotus Wiki. The parties in their briefs focus on whether the existing park monuments are government speech or private speech, and whether the Utah city park is a traditional public forum for unattended permanent displays. A release by Americans United on Monday, and an editorial in today's New York Times, reflect the view put forth in some of the amicus briefs that the Court should analyze the case under the Establishment Clause, instead of treating it as merely a speech case. An articles in yesterday's New York Times previews the case.

Jay Sekulow, Chief Counsel of the American Center for Law and Justice, argued on behalf of Pleasant Grove City. Last month, one of the venues in which he rehearsed his argument was Liberty University School of Law (Liberty Champion). The Solicitor General's Office also presented oral argument in support of Pleasant Grove City. Deputy Solicitor General Daryl Joseffer opened his argument as follows:

Of course the Government can select the content and viewpoint of monuments on the National Mall and in other public parks across the country. The Vietnam Veterans Memorial did not open us up to a Viet Cong memorial. When the Martin Luther King Memorial is completed on the mall, it will not have to be offset by a monument to the man who shot Dr. King.

Washington attorney and law school professor Pamela Harris argued on behalf of Summum. Early in the argument, Chief Justice John Roberts asked Sekulow why the city had agreed to put up the 10 Commandments monument originally, though later Roberts also challenged Harris' arguments. The Washington Post, reporting on today's oral arguments, says: "Although the debate was spirited, it lacked some of the rancor of the last time the high court took up a dispute over the 10 Commandments."

The full transcript of oral arguments is available online.

Indian Panel Investigating Dow Chemical Construction At Holy Hindu Site

Members of the Warkari Hindu sect believe that land near the town of Chakan in the Maharashtra state in India is sacred because it is the land of a 17th century sage, Sant Tukaram. Today's Business Standard reports that last month, members of the sect burned down a Dow Chemical research and development facility being constructed there because they feared it would pollute the sacred area. In response, Maharashtra's Chief Minister, Vilasrao Deshmukh, put a hold on Dow's construction activity and appointed a four-person committee to look into the complaints. The committee, chaired by retired Supreme Court judge S. P. Kurdukar was to submit a report this week. However now the environment ministry says that Justice Kurdukar has resigned after discovering that a close relative previously worked as legal counsel for Dow.

U.N. Session on Religious Tolerance Opens Today

A two-day session of the United Nations General Assembly to discuss religious tolerance and inter-religious cooperation begins today, with over a dozen world leaders in attendance. Most of them are in the United States also to attend a G-20 Financial Summit in Washington beginning Friday. The U.N. session, titled "Culture of Peace" was initiated by Saudi Arabia's King Abdullah who will open the session. He will be followed by Israel's president Shimon Peres, as well as Lebanese and Palestinian leaders. U.S. President George Bush will speak on Thursday. Abdullah and Peres were invited to dinner last night by UN Secretary-General Ban Ki-Moon. Reports on the U.N. meeting appeared yesterday in the International Herald Tribune, Jerusalem Post, and Abu Dhabi's The National. The meeting is seen as emphasizing the importance that world leaders place on resolving religious disputes without resort violence. Human rights activists however criticize King Abdullah for lack of religious freedom in Saudi Arabia.

Israeli Police Break Up Fight Between Monks In Church of Holy Sepulcher

The Jerusalem Post reported that Israeli police entered the Church of the Holy Sepulcher last Sunday and arrested two monks after a fight broke out between them at the site of Jesus' crucifixion, burial and resurrection. The dispute between Armenian and Greek Orthodox monks involved a Greek Orthodox attempt to place a monk inside what is believed to be the tomb of Jesus. The incident occurred during the annual Armenian procession commemorating the 4th-century discovery of the cross believed to have been used for Jesus' crucifixion. Total Catholic reported yesterday that a Franciscan official said the altercation resulted from confusion over "Status Quo Agreements" that regulate the way that six Christian groups divide control over the Church of the Holy Sepulcher. [Thanks to Religion and State in Israel for the lead.]