European Court Says Crucifixes In Italian Classrooms Violate Human Rights Convention

In Lautsi v. Italy, (ECHR, Nov. 3 2009) [judgment in French], the European Court of Human Rights has ruled that crucifixes in public school classrooms in Italy violate the European Convention on Human Rights' protections of thought, conscience and religion (Art. 9) and the right of parents to educate their children according to their convictions (Protocol 1, Art. 2). The Court's press release on the decision recounts that the challenge was brought by a mother who wished to raise her children as secularists. It summarizes the court's conclusions:

The presence of the crucifix ... could easily be interpreted by pupils of all ages as a religious sign and they would feel that they were being educated in a school environment bearing the stamp of a given religion. This could be encouraging for religious pupils, but also disturbing for pupils who practised other religions or were atheists, particularly if they belonged to religious minorities. The freedom not to believe in any religion (inherent in the freedom of religion guaranteed by the Convention) ... extended to practices and symbols which expressed a belief, a religion or atheism.... The State ... was required to observe confessional neutrality in the context of public education, where attending classes was compulsory irrespective of religion, and where the aim should be to foster critical thinking in pupils.

The court awarded damages of 5000 Euros to plaintiff. According to Zenit yesterday, the Italian Bishops Conference issued a statement saying that the decision:

ignores or neglects the multiple meaning of the crucifix, which not only is a religious symbol, but also a cultural sign. It does not take into account the fact that, in reality, in the Italian experience, the display of the crucifix in public places is in harmony with the recognition of the principles of Catholicism as part of the historical patrimony of the Italian people, confirmed by the Concordat of 1984.

AKI reports on the court's decision, giving additional background. [Thanks to Dott. Pasquale Annicchino for the lead.]

UPDATE: According to CNA (Nov. 4) , Italy's Minister of Education, Mariastella Gelmini, rejected the ECHR decision, saying: "Nobody, much less a European court that is steeped in ideology, will be allowed to strip our identity away."

UPDATE 2: The Nov. 7 Christian Post reports that Italy plans to appeal the ruling of the 7-judge panel to the ECHR's 17-judge Grand Chamber.

British Tribunal Says Environmentalism Is Protected Under "Religion or Belief" Regulations

Britain's Employment Equality (Religion or Belief) Regulations 2003 prohibit employment discrimination on the basis of religion or belief. In Graingner PLC v. Nicholson, (EAT, Nov. 3, 2009) [full text, Word.doc], Britain's Employment Appeal Tribunal has held that:

A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is directly material and the limitations on the concept and extent of a philosophical belief can be derived from that, without the need to place any additional limitation on the nature or source of the belief.

The company claims that Tim Nicholson, a former executive of the real estate company Grainger, was dismissed for operational reasons and not because of his environmental beliefs. The case now goes back to the Employment Tribunal for a hearing on this issue. The Independent today reports on the case.

Two Employment Discrimination Suits Filed Recently Charge Religious Harassment

Two unrelated lawsuits, both alleging religious discrimination in employment, have been filed recently. In one, yesterday the EEOC sued Administaff, Inc. and Conn-X, LLC (a Baltimore cable provider) alleging religious harassment of two brothers who are Jewish. The complaint alleges unusually harsh anti-Semitic harassment by managers and co-workers, including anti-Jewish slurs, defacing one of the brother's work vehicles with a swastika and and forcing him into a trash bin to the amusement of managers who watched on a surveillance camera calling the action "throw the Jew into the dumpster." Trading Markets reprints the EEOC's press release on the case. [Thanks to Steven H. Sholk for the lead.]

In Atlanta last week, James Bara, a former employee of Google's data center who is a practicing Wiccan, filed suit charging both religious and gender discrimination. According to the complaint (full text) in Bara v. Google, Inc. (ND GA, filed 10/29./2009), after Bara objected to remarks made by his supervisor about a newly hired transgender employee, the supervisor retaliated against Bara in setting his working conditions, and also subjected him to "a steady discourse of comments and 'jokes' regarding witches, witchcraft and witch trials." Tech Crunch yesterday reported on the case.

Maine Voters Reject Same-Sex Marriage

In a referendum yesterday, Maine voters rejected the state's recently-enacted law to permit same-sex marriage. The New York Times reported early Wednesday morning that with 87% of the precincts reporting, 53% of the voters had voted in favor of repeal. The Catholic Church was one of the primary supporters of the repeal referendum. It asked parishes to pass a second collection plate at Sunday Mass to support the repeal effort. The website of the Roman Catholic Diocese of Portland features a strong rebuke to a group of Catholics who had taken out an ad favoring marriage equality. It also features a Homily (full text) delivered in October, which supports legal recognition of domestic partnerships, but opposes same-sex marriage:

It is not discrimination to call things by their own names. We have different names for different things. A cat is not a dog; an oak tree is not a rose..... It is not discrimination to call one person a husband and another person a wife. It is not discrimination to say that one person is heterosexual and another person is homosexual. It is not discrimination to call the union of a man and a woman marriage and to call the committed relationship of homosexual persons something else -- you pick the word. It is difficult to believe that Maine people, much less Christian people, see no difference between marriage and homosexual unions, even when homosexual unions are perceived as desirable. There remains a difference and the difference should have its own name.

Marriage is an absolutely unique and irreplaceable relationship. Other relationships can be loving; other relationships can be committed; other relationships can even be permanent, but still not be marriage, but something else. Marriage is the miracle of the coming together to a man and a woman whose love and commitment is open to overflow to create the new life of a new person.

3rd Circuit Finds Combined Restrictions On Abortion Leafleting Are Unconstitutional

In Brown v. City of Pittsburgh, (3d Cir., Oct 30, 2009), the U.S. 3rd Circuit Court of Appeals held that Pittsburgh's combination of a 15 foot buffer zone and a 100 foot "bubble zone", when taken together, were unconstitutional on their face in restricting anti-abortion leafleters. As described by an AP story on the decision: "The Pittsburgh law bans protesters from standing within 15 feet of entrances but also makes them stand 8 feet from clients in a 100-foot buffer around entrances." According to the court, the combined restrictions are not narrowly enough tailored to survive a free expression challenge. It said: "the layering of two types of prophylactic measures is 'substantially broader than necessary' to achieve" the governmental interests involved. However, the court said, either restriction by itself could be constitutional. Plaintiff also claimed that the ordinance violates her free exercise of religion because it impermissibly interferes with her religiously motivated efforts to dissuade women from undergoing abortions. The court however found that the restriction is a valid facially neutral law of general applicability. It also concluded that the law does not violate Pennsylvania's Religious Freedom Protection Act.

Bankruptcy Court Says Bishop Need Not Appear At Chpater 11 Creditors Meeting

The federal Bankruptcy Code provides that when a debtor is going through a Chapter 11 reorganization, the U.S. trustee is to convene a meeting of creditors where the trustee and creditors may question the debtor under oath. (Background.) In the pending Chapter 11 bankruptcy of the Catholic Diocese of Wilmington (see prior posting), the diocese designated its vicar general of administration, the Rev. Monsignor Thomas Cini, as the person to attend and answer questions. However, according to yesterday's South Jersey Courrier Post, victims of sexual abuse who have claims against the diocese wanted Bishop W. Francis Malooly to appear instead. An attorney for the victims said: "The goals of the debtor for transparency, for healing, for atoning, if you will, for what happened to these people requires that this person show up." Judge Christopher Sontchi however agreed that it would make more sense for Cinci to appear, since he knows more about the situation. Malooly has been with the diocese for only about a year, and there are no allegations of wrongdoing against him.

Foreclosure On Georgia Hindu Temple Can Move Ahead

The Atlanta Journal-Constitution reported yesterday that a federal bankruptcy judge has lifted a temporary stay, clearing the way for creditors to sell off at a foreclosure sale of The Hindu Temple of Georgia. The move came after the court found the Temple in contempt for failing to hand over specified financial documents. The Temple filed for bankruptcy after it defaulted on a $2.3 million loan on its $5 million facility in Norcross, Georgia. The judge also asked the U.S. trustee handling the case to have the FBI investigate potential criminal wrongdoing by Temple leaders.

DC Council Holds Hearing On Same-Sex Marriage Proposal

Last week, the District of Columbia Council, Committee on Public Safety and the Judiciary, held a hearing on the proposed Religious Freedom & Civil Marriage Equality Amendment Act of 2009 which would allow same-sex marriages to be performed in the District of Columbia. (A video of the hearing is available online.) Under the bill, no clergy would be required to solemnize a marriage if it violated the clergy person's free exercise of religion. No religious organization is required to make facilities or services available for a marriage that is in violation of the group's religious beliefs unless the group makes the facilities available to the general public. The Pilot yesterday reported on written testimony submitted at the hearing by the Catholic Archdiocese of Washington. The Archdiocese urged broader religious exemptions, including exemptions for religious groups that provide services or rent space to those outside the group's faith. The Archdiocese warned that under the current bill, organizations that oppose same-sex marriages for religious reasons but serve the community could be denied government contracts or access to government facilities. It also claimed that under the bill, doctors, social workers and child-care workers opposed to same-sex marriage could have their licenses revoked, employers could be sued for not providing benefits to same-sex couples and religious colleges could have their accreditation revoked. (See prior related posting.)

Cert. Denied In Connecticut Order For Release of Priest Abuse Records

The Supreme Court yesterday denied certiorari in Bridgeport Roman Catholic Diocese v. New York Times Co., (Docket No. 09-246, 11/2/2009) (Order List.) In the case, the Connecticut Supreme Court granted the request of four newspapers for release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) The denial of certiorari is not surprising since the court last month refused to grant a stay of the Connecticut order pending a decision on the granting of cert. (See prior posting.) AP reported on the case yesterday.

New York Bishop Supports City Council Candidate Through Recorded Phone Message

In New York, Catholic clergy are becoming surprisingly involved in the election race tomorrow for the New York City Council seat from Brooklyn's District 34. Today's New York Times reports that this week end, a recorded phone message from Bishop Nicholas A. DiMarzio was sent to every registered voter in the district. The call praised Assemblyman Vito J. Lopez who supports one of the two City Council candidates, Maritza Davila. Lopez was key in defeating a bill in the New York Assembly earlier this year that would have provided a one-year window for bringing clergy sexual abuse cases as to which the statute of limitations had already expired. (See prior posting.) The other candidate in the City Council race, Diana Reyna (who is Catholic), has been fighting Assemblyman Lopez over the rezoning of the 31-acre Brooklyn Triangle site. (See prior posting.) At one point she urged the ouster of a local priest as head of the local housing group that was opposing the rezoning.

Another Lawsuit Against A Dissident Episcopal Parish- This Time In Tennessee

On Friday, the Episcopal Diocese of Tennessee filed suit against St. Andrew's parish in Nashville to obtain title to church property. Yesterday's Tennessean reports that in 2006 St. Andrews broke away from the Diocese of Tennessee and affiliated with a more conservative Anglican Church in North America. The Tennessee diocese claims that the the church's Dennis Canon which provides that parish property is held in trust for the diocese controls the case. This is one of about 60 cases involving break-away Episcopal congregations in recent years.

Israel's Transportation Ministry Reports To High Court on Sex-Segregated Buses

In two articles last week, the Jerusalem Post reports on the response of Israel's Transportation Ministry to an order of Israel's High Court of Justice originally issued in 2008 calling for the Ministry to report on gender-segregated public bus lines being operated by the Egged Bus Cooperative. At issue are bus lines serving the haredi (strictly Orthodox Jewish) community whose religious beliefs call for gender separation. A lawsuit filed in 2007 challenged the legality of these so-called "Mehadrin" (kosher) buses (see prior posting). The Transportation Ministry's report concludes that imposed sex segregation on buses serving the public violates basic human rights such as equality and freedom of movement. It recommended a year-long trial of a voluntary system in which buses in haredi neighborhoods would open both the front and rear doors when picking up passengers so that those who wish to voluntarily sit separately could do so. Drivers would be responsible for preventing passengers from coercing others who do not wish to comply with separate seating arrangements. Also there will be no restrictions on the type of clothing that men or women wear on these buses. [Thanks to Religion & State In Israel for the lead.]

Recent Articles of Interest

From SSRN:

• Jeremy J. Patrick, Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions, (October 29, 2009).
• Liav Orgad & Ted Ruthizer, Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case, (Constitutional Commentary, Forthcoming).
• Ruthann Robson, Compulsory Matrimony, (Feminist and Queer Legal Theory, pp. 315-328, Ashgate 2009).

From SmartCILP and elsewhere:

• Steve Sheppard, What Oaths Meant To the Framers' Generation: A Preliminary Sketch, 2009 Cardozo Law Review de novo 273.
• Shirin Ebadi, Keynote Address: Islam, Human Rights, and Iran, 23 Emory International Law Review 13-24 (2009).
• L. Bennett Graham, Defamation of Religions: The End of Pluralism?, 23 Emory International Law Review 69-84 (2009).
• Russell Powell, Theology In Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, 15 Washington & Lee Journal of Civil Rights & Social Justice 327-404 (2009).

Recent Prisoner Free Exercise Cases

In Givens v. Walker, 2009 U.S. Dist. LEXIS 98876 (CD IL, Oct. 23, 2009), an Illinois federal magistrate judge upheld the constitutionality of regulations promulgated by the Illinois Department of Corrections imposing a number of conditions on inmates conducting religious activities where religious program volunteers or chaplains of that particular faith are unavailable. Plaintiff complained that no Hebrew Israelite religious services were available.

In Kanda v. Walker, 2009 U.S. Dist. LEXIS 98938 (ED CA, Oct. 23, 2009), a California federal magistrate judge recommended that a preliminary injunction be granted ordering prison officials to furnish a Hindu prisoner with a diet that meets his religious requirements-- a diet that includes only vegetables, fruits and fish.

In Uhuru v. Hart, 2009 U.S. Dist. LEXIS 100267 (CD CA, Sept. 24, 2009), a California federal magistrate judge recommended rejecting the complaint by a prisoner (who attends both Jewish and Muslim activities) that occasionally he was not permitted to wear a head covering.

In Rice v. Curry, 2009 U.S. Dist. LEXIS 100443 (ND CA, Oct. 14, 2009), a California federal district court permitted an inmate who was a practicing Ansare EL Mohammed Muslim to move ahead with his claim that he was denied access to the prison chapel to conduct classes and group worship consistent with his movement in Islam, and that prison officials refused to serve him a pre-dawn "suhoor" meal during the month of Ramadan.

In Dempsey v. Ahern, 2009 U.S. Dist. LEXIS 100520 (ND CA, Oct. 14, 2009), a California federal district court held that an inmate could move forward with his claim that his 1st and 8th Amendment rights were violated when the Santa Rita Jail failed to accommodate the religious diet needs of inmates such as himself. He alleged that a 26-day denial violated his religious and nutritional needs.

Last Friday's Omaha World-Herald reported that a Nebraska trial court judge has given a prisoner permission to change his name from Billy Joe McDonald to his "witch" name, Hayden Autumn Blackthorne. McDonald, who is serving a sentence for sexual assault of a teenage girl, asserted in his petition for a name change that he is "a lifetime member of Witch School," a "recognized Wiccan Priest" and has "successfully completed Correllian Wicca — First Degree."

Court Rejects Constitutional Challenges To Marijuana Possession Charges

In State of New York v. Storm-Eggnick, (Albany City St., Oct. 21, 2009), an Albany New York City Court rejected claims by a woman charged with possession of marijuana that the possession statute is unconstitutional on free exercise of religion, equal protection, vagueness, and due process grounds. The court concluded that the statute does not purposefully target religious activity. At to defendant's free exercise challenge under the New York Constitution, the court found that any incidental burden of the statute on religion is justified. Rejecting defendant's due process privacy argument, the court pointed out that here the issue was not possession of marijuana in the home. Defendant had twice carried a marijuana plant into the capital building.

Students Organize Football Game Prayers To Avoid Ban On School Doing So

Earlier this year, the Santa Rosa County, Florida School Board entered into a high profile, and locally unpopular, consent decree in a lawsuit brought against it by the ACLU challenging religious practices in schools. (See prior posting.) Yesterday's Panama City (FL) News Herald reports that now, since school officials cannot lead prayers, students have taken up the cause. At each home football game, students hand out cards with the words of the Lord's Prayer outside the stadium. Then ten minutes before game time, students hold up signs in the stadium asking fans to stand and recite the Lord's Prayer with them. Later, a voice over the PA system, will announce that the school did not organize or participate in the prayer.

Washington State Adopts Final Rules On Displays and Gatherings At Capitol

Washington State's Department of General Administration on Friday announced the adoption of new rules, effective Dec. 1, governing displays and exhibits in the public areas of the state capitol. Yesterday's Seattle Times reports that in order to avoid the controversies that were generated during last year's holiday season, only government-sponsored displays will be allowed inside buildings. This permits the state to continue its state-sponsored holiday tree in the Capitol Rotunda. However private displays will not be allowed there. Last December, the attempt to use an open forum policy led to chaos as applicants sought to put up competing signs and displays. (See prior posting.)

The new rules (full text) allow gatherings, including free speech activities, of up to 25 people inside the Capitol building or up to 75 outside without a permit. For larger groups, a permit is required. Only hand-held banners and signs are permitted inside the Capitol during these events. For events outside on the Capitol grounds, temporary signs, exhibits or displays can be placed on the grounds during the activity, but must then be removed. The state has also published a 113-page "Concise Explanatory Statement" summarizing of all the comments received on the new rules when they were issued in proposed form, and an explanation of the differences between the proposed and final rule.

First Women Appointed To Shariah Courts In Palestinian Authority

In the Palestinian Authority West Bank towns of Hebron and Ramallah, the first women to preside over Shariah courts have been appointed. Australia's ABC News reported yesterday that Sheikh Tayseer al Tamimi, effectively the Chief Justice of the Palestinian state, paved the way by permitting Asmahan Liwheidi in Hebron and Khulud Mohammed Faqih in Ramallah to sit the judges' exam. The new judges hope to bring changes to the way Islamic courts treat Muslim women.

James Dobson Will Step Down As Radio Host For Focus On Family

James C. Dobson, the 73-year old founder of Focus on the Family, will end 32 years as its primary spokesman in February when he steps down as host of its radio program. The announcement by Focus on the Family on Friday said that this "is just the 'third chapter in a transition that began in 2003,' when Dr. Dobson stepped down as Focus president." At that time, Jim Daly took over the presidency. The Colorado Springs Gazette reports that the powerful conservative Christian leader, who was asked for advice by Presidents Ronald Reagan and George H.W. Bush, has become a polarizing figure through his strong support of the traditional family and his opposition to pornography and same-sex marriage. Focus on the Family has suffered from declining donations in recent years. The Denver Post says that under Daly's presidency, Focus on the Family has become less confrontational and political as a younger generation of evangelical leadership is developing.

NY Condo Settles Complaint That It Restricted Placing Mezuzahs On Doors

According to MCT News Service yesterday, the New York Attorney General's office has won a settlement with a condominium homeowners association after beginning an investigation of a complaint that Stone Ridge Estates in Dix Hills (NY) was restricting Jewish residents from placing mezuzahs on their door frames. Condo resident Patti Werner claimed she was being discriminated against on religious grounds when residents were told to "either take down their mezuzahs or purchase a screen door costing between $300 to $500 dollars to conceal the object." Under the settlement, the condo association will pay a $10,000 fine and amend its bylaws so they "do not discriminate against residents because of their religion." [Thanks to Vos Iz Neias? for the lead.]

Priest's Claims of Abuse and Retaliation From Fellow-Priests Dismissed

In Hoatson v New York Archdiocese, (NY S.Ct., Oct. 26, 2009), a New York trial court dismissed claims brought against the Congregation of Christian Brothers, various clergy, the Archdiocese of New York and the Diocese of Albany by a priest who claimed that he had been sexually abused by fellow priests for 12 years. He alleged that he was denied promotions and experienced retaliation because he refused and complained about sexual advances and that he experienced retaliation when he complained of alleged inappropriate sexual behavior of priests with minors. He says he was fired from his position at a parochial school in the Archdiocese of Newark for speaking critically about the Catholic Church at a public hearing before the New York State Senate in Albany, on behalf of victims of clergy sexual abuse. The court dismissed all the claims on various procedural and pleading grounds, including statute of limitations. In doing so, the court avoided having to determine whether the "ministerial exception" applies to claims under New Jersey's Conscientious Employee Protection Act that protects whistle blowers.

9th Circuit Denies En Banc Rehearing On Washington State Pharmacy Board Regs

In Stormans Inc. v. Selecky, (9th Cir., Oct. 28, 2009), the U.S. 9th Circuit Court of Appeals refused to grant an en banc rehearing. In July, a 3-judge panel in the case refused to preliminarily enjoin enforcement of Washington State Pharmacy Board regulations that require pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. (See prior posting.) Along with this week's denial of a rehearing, the original panel granted a request for a rehearing by the panel, and without hearing further arguments vacated its original opinion and issued a new opinion reaching the same conclusion as it did before. However the new opinion, in discussing whether the regulation is neutral and generally applicable, eliminates the section that was in the July opinion taking the district court to task for considering the rule's legislative history . This allowed Judge Clifton to join in the opinion fully and omit the concurrence he filed in July objecting to the majority's conclusion that it was inappropriate to consider the legislative history.

State Department Helps Bring Threatened Yemeni Jews To U.S.

The tiny remaining Jewish community in Yemen has been in increasing danger over the last year as growing internal strife and Islamic militancy has made it more difficult for Yemeni President Ali Abdullah Saleh to continue to protect the 350-person community. Today's Wall Street Journal carries a long article on the U.S. State Department's role (along with private relief groups) in secretly getting some 60 Yemeni Jews out of the country and resettling them in Monsey, New York. Up to 100 more could still come to the U.S. Others will settle in Israel and and some will remain in a protected government enclave in Yemen. Those arriving in the U.S. have had little contact with the West. The Journal's striking photo of one family arriving shows a father with his hair in traditional peyot (sidelocks), and his three daughters all wearing burkas.

Halloween Creates Church-State Puzzle For Some Schools

Tomorrow is Halloween, a holiday which has varied religious connections. It has roots in the Celtic festival of Samhain. In the 7th and 8th centuries, the Catholic Church tried to co-opt the day as the eve of All Saints Day. Some Protestant groups have used it as a celebration of the Reformation. More recently some Christians have rejected Halloween because they see it as celebrating the occult or promoting Satanism, or stemming from Pagan origins. (Background from Wikipedia.) No wonder all of this is confusing to school officials concerned about maintaining the proper line between church and state. Guampdn reported yesterday that at C.L. Taitano Elementary School in the Guam town of Sinajana, Halloween celebrations were replaced by a costume parade designed to promote literacy. Students could dress up as a character from any book they had read.

Last month, Guam Department of Education legal counsel Fred Nishihira sent out a routine annual notice to principals telling them that they must remain neutral in their treatment of religion. The memo allowed him to provide the required annual certification to the U.S. Department of Education that Guam schools are complying with the separation of church and state. Nishihira's memo created uncertainty for C.L. Taitano principal Corina Paulino as to whether a Halloween celebration would be permissible. So, out of an abundance of caution, she scheduled the book character costume parade instead. Nishihira said that when he sent out the religious neutrality memo, the question of Halloween had not occurred to him.

Protester Sues Nashville's Scientology Centre For Injuries

The Tennessean reports today on a lawsuit filed against the Church of Scientology's Nashville Celebrity Centre by Thomas A. Parker, a member of the anti-Scientology group Anonymous. Parker and others planned to protest the April 25 opening of the Centre. The lawsuit alleges that Parker was confronted by two off-duty police officers who had been hired as security guards for the Centre, was pushed to the ground and arrested for criminal trespass. The incident occurred across the street, some 450 yards away from the Centre. Later the charges against Parker were dismissed. Parker suffered injuries to his shoulder, elbows and knees.

Two Courts Around the World Rule On Conscientious Objector Claims

In different parts of the world this week, courts were examining the question of conscientious objector exemptions from military service. In Case of Bayatyan v. Armenia, (ECHR, Oct. 27, 2009), the European Court of Human Rights held that the European Convention on Human Rights does not require Armenia to provide an exemption from military service for a Jehovah's Witness who is a conscientious objector. The freedom of thought, conscience and religion protections of Art. 9 of the Convention need to be read in light of the provision in Art. 4, Sec. 3(b) which appears to leave the choice of providing CO objections up to the decision of each country. (Court's press release on case.) Subsequently Armenia adopted an alternative service law.

Meanwhile, according to Ekklesia, last week Colombia's Supreme Court held that all citizens have the right to opt out of military service on religious, moral or philosophical grounds. Previously only men studying to be Catholic priests were entitled to an exemption on religious grounds.

Malaysia Seizes Bibles That Translate "God" As "Allah"

CNN reported yesterday that in Malaysia during recent months, the Home Ministry's Publications and Quran Text Control Department has seized over 20,000 Malay-language editions of the Bible from the Bible Society of Malaysia and from the Gideons. The problem is that the Bibles translate "God" into the Malay word "Allah". However the government says that the word "Allah" can only be used by Islam, and that its use in Christian texts will confuse Muslims and draw them into Christianity. A similar dispute involving the Catholic Herald was resolved earlier this year by requiring the newspaper to print a disclaimer in large type declaring it is a Christian publication. (See prior posting.)

House Democrats' Health Care Bill Does Not Mandate Coverage For Spiritual Healing

Yesterday in Congress, House Democrats introduced their health care reform bill, H.R. 3962, the Affordable Health Care for America Act. (Press release.) The Chicago Tribune reports that this version does not mandate insurance coverage for services of Christian Science practitioners or other spiritual care. Christian Science practitioner Shirley Paulson said that Christian Science treatment is different from faith healing. Christian Science does not bar members from also seeking traditional medical care. The typical session with a Christian Science practitioner costs $25.

Al Arabiya Charged With Blasphemy In Saudi Court

According reports in Arab News and in Maktoob Business yesterday, in Saudi Arabia a group of citizens has filed a lawsuit against the television channel Al Arabiya charging it with blasphemy. The station is Saudi owned, and operates from Dubai. The lawsuit, filed in the summary court in Jeddah, charges the station with ridiculing God, the Prophet Muhammad and his sayings, and the Angel Gabriel.

Jury Agrees Bible Reading Dispute Was Merely A Misunderstanding

Yesterday, according to WBIR News, a federal court jury in Knoxville, Tennessee found in favor of the Knox County Schools in a lawsuit over the right of elementary school students to read the Bible during recess. The suit involves an incident that occurred when plaintiff, Luke Whitson, was in the 4th grade at Karns Elementary School. Luke's family claims that the school's principal interfered with a group of students who had started a Bible study club at recess. They sued for an injunction and nominal damages. The school said it was all a misunderstanding of the school's policy which prohibits adult-led Bible study during school hours, but allows students to study the Bible on their own. Apparently the jury agreed with the school's contention. (See prior related posting.)

Chabad Gets Default Judgment Against Russia In Suit Over Book Collections

Talk of the Planet reported yesterday that Judge Royce C. Lamberth, chief judge of the U.S. District Court for the District of Columbia, has entered a default judgment against the Russian Federation in the lawsuit against it by the Chabad-Lubavitch movement to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) After U.S. courts rejected Russia's jurisdictional challenges, Russia filed a statement with the court stating that it would no longer continue in the litigation and its counsel, Squire Sanders & Dempsey, withdrew. In issuing the default judgment, Judge Lamberth said: "The defendants have willfully refused to continue in this litigation."

Claims Against Archdiocese In Abuse Cases Do Not Violate First Amendment

In similar opinions handed down this week in two diversity cases, a Missouri federal district court held that it is required to make its own independent constitutional analysis in clergy sexual abuse cases to determine whether allowing negligent hiring, retention and supervision claims to be brought against the Catholic Archdiocese of St. Louis violates the First Amendment. The Missouri Supreme Court previously held that adjudicating such claims would be inconsistent with the First Amendment. In Ohl-Marsters v. Johnston, 2009 U.S. Dist. LEXIS 99585 and McCormick v. Johnston, 2009 U.S. Dist. LEXIS 99587 (ED MO, Oct. 26, 2009), the court held that proceeding with these claims would not violate either the Free Exercise or the Establishment Clause. However the court dismissed breach of fiduciary duty claims and respondeat superior claims against the Archdiocese brought by both plaintiffs, finding that those claims were not supported by state law.

7th Circuit: Village Can Exclude Churches From Commerical District Under RLUIPA

In River of Life Kingdom Ministries v. Village of Hazel Crest, (7th Cir., Oct. 27, 2009), the U.S. 7th Circuit Court of Appeals refused to grant a preliminary injunction to permit a church to relocate from a crowded warehouse to property it purchased in an area zoned for various commercial uses, but not for religious services. The church claimed that the Village of Hazel Crest's denial to it of a special use permit violated the "equal terms" provision of RLUIPA. The court concluded that the church had little likelihood of prevailing on the merits. It adopted the approach followed by the 3rd Circuit, holding that under RLUIPA a zoning ordinance can differentiate between religious and non-religious institutions for legitimate, non-religious reasons. Here the Village wanted to create a tax-generating commercial district near mass transit. It can exclude non-commercial uses, including churches, without violating RLUIPA. (See prior related posting.)

Radical Group Seeking To Create Sharia State In U.S. Arrested In Michigan; Leader Killed

In Michigan yesterday, raids by law enforcement officers at a warehouse in Dearborn and a home in Detroit led to a series of arrests and the unsealing of a federal conspiracy complaint against 11 men who are alleged to be members of a radical fundamentalist Sunni Muslim group. Yesterday's Detroit Free Press reports that the leader of the group, 53 year old Luqman Ameen Abdullah, was killed by authorities in an exchange of gunfire after he refused to surrender during the warehouse raid. A news release issued jointly by the U.S. Attorney's Office and the FBI described the group, which calls itself Ummah ("the brotherhood"), as "a group of mostly African-American converts to Islam which seeks to establish a separate Sharia-law governed state within the United States." According to the affidavit of an FBI agent, some of the members of the group were converted to Islam while in prisons across the U.S. Here in two parts (1, 2 ) is the full text of the affidavit of the FBI agent that accompanied the complaint.

President Signs New Hate Crimes Law As Part of Defense Authorization Act

Yesterday afternoon, President Obama signed the 2010 National Defense Authorization Act. His statement at the signing ceremony focused mainly on the defense spending portions of the bill. A few hours later he hosted a reception commemorating another part of the bill, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. (See prior posting.) In his statement there (full text), he described the legislation:

through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation.... And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.

WorldNet Daily reported on statements by a number of conservative Christian groups criticizing the new law.

Court Finds No Standing To Challenge Embryonic Stem Cell Research Funding

In Sherely v. Sebelius, (D DC, Oct. 27, 2009), several rather differently situated plaintiffs sued to enjoin the federal government from taking further actions to implement federal funding of human embryonic stem cell research. Provisions for funding are in Guidelines promulgated by the National Institute of Health. Plaintiffs are the Christian Medical Association, Nightlight (a Christian adoption agency that promotes adoption of embryos created during IVF procedures), parents who have already had a child through adopting an embryo, two researchers who would be competing for funding, and Nightlight on behalf of the embryos still stored at clinics. The court found, for various reasons, that each of the plaintiffs lacks standing to pursue the lawsuit. Some of the plaintiffs lacked standing because the court found the claim that the regulations will reduce the number of embryos available for adoption is speculative and dependent on third party conduct. As to the embryos still in storage, the court said that they lack standing because "embryos are not 'persons' under the law." AP reports on the decision.

Suit Challenges School Policy On Distribution of Flyers

An elementary student in Holly, Michigan has, through a suit brought by his mother, challenged the Holly Area Schools' policy (full text) governing the distribution of material to other students. The complaint (full text) alleges that plaintiff's 1st and 14th Amendment rights, as well as his rights under the Michigan Constitution, were violated when he was prevented from distributing a flyer advertising a Christian summer camp. Here are the facts as summarized by an ADF press release on the case:

A school district policy states that while "materials that have a religious content may be distributed during 'non-instructional' time," the "board reserves the right to refuse distribution of any material by outside individuals or groups to the students of the district."

In June, a Christian student at Patterson Elementary School attempted to distribute fliers inviting his classmates and friends to the Youth Summer Camp at Cornerstone Church. Fliers were placed in individually sealed envelopes, which also contained a letter describing the Youth Summer Camp.

After the student began placing the flier envelopes in cubbyholes where other fliers are placed, a teacher ordered him to stop distributing the fliers, saying that anything that comes from a church cannot be distributed at school.

The teacher removed the fliers and told the student to place them in his backpack. The principal informed the student’s mother that because of the so-called "separation of church and state," religious materials could not be distributed at schools. Further attempts to negotiate with officials were unsuccessful.

Cert. Filed In Oklahoma 10 Commandments Case

A petition for certiorari (full text) was filed Wednesday with the U.S. Supreme Court in Haskell County Board of Commissioners v. Green. In the case, the U.S. 10th Circuit Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. Alliance Defense Fund issued a release announcing the filing.

UPDATE: The brief in opposition to the granting of cert (full text) was filed on Jan. 11, 2010 by the ACLU which represents respondents.

Court Upholds Modified Conditional Use Permit For Jewish School

In Concerned Residents of Hancock Park v. City of Los Angeles, (CA Ct. App., Oct. 27, 2009), a California appellate court upheld the decision of the Los Angeles Central Area Planning Commission (CAPC) to expand the conditions in the conditional use permit (CUP) granted to Yavneh Hebrew Academy to operate a school. CAPC expanded the number of individuals who could attend Saturday morning religious services held at the Jewish school from just students and their parents to anyone so long as attendance did not top 300 people. Plaintiffs argued that this allowed the school to effectively function as a public synagogue, instead of as a school. The court disagreed, concluding that "even with the modifications in place, ... Yavneh is a school and not a religious institution, and so it was not required to seek a separate CUP for use as a religious institution." The court also concluded that CAPC properly took the anti-discrimination requirements of RLUIPA into consideration when it fashioned the CUP conditions in a religion-neutral way that was consistent with the practice of secular schools that held extensive Saturday and evening activities.

Two Arrested In Plot to Attack Danish Paper That Published Muhammad Cartoons

Fallout from the publication by a Danish newspaper in 2005 of cartoons depicting the Prophet Muhammad continues. The caricatures sparked protests from Muslims around the world. (See prior posting.) The Justice Department announced yesterday that two Chicago men were arrested this month for their alleged parts in a conspiracy to attack the offices of Jyllands-Posten, the first newspaper to publish the cartoons, or to kill cartoonist Kurt Westergaard and Flemming rose, the paper's cultural editor. Here are the full texts of the criminal complaints in US v. Rana and U.S. v. Headley. Today's Chicago Tribune reports on the indictments.

2nd Circuit Dismisses Civil Rights Claims Against Airport Customs Personnel

In Muhammad v. Ahern, (2d Cir., Oct. 27, 2009), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a civil rights action brought by two plaintiffs who claimed they were subjected to unconstitutional border stops, searches, and detentions by Customs & Border Protection agents at New York's Kennedy Airport when they flew in from Saudi Arabia and Morocco. The court said plaintiffs' allegations that the border stops violated their rights to free speech, assembly, and free exercise of religion, and their rights under the Religious Freedom Restoration Act, were too conclusory to withstand a motion for summary judgment. The court also rejected plaintiffs' 4th Amendment claims.

Signature Campaign Begins On California Anti-Divorce Amendment [Updated]

The California Secretary of State announced last week that the proponent of an initiative petition to amend California's Constitution to ban divorce in the state may begin to collect signatures. The proposed amendment would still allow annulments, but would completely eliminate the ability of married couples to get divorced in California. Proponents will need to collect the signatures of 694,354 registered voters to qualify the initiative for the ballot.

According to Huffington Post last month, the proponent, John Marcotte, introduced the amendment to mock the proponents of Proposition 8 who focused on protecting traditional marriage as a reason to oppose same-sex marriage. Last month, Cockeyed.com published an interview with Marcotte. Here is one exchange that gives the flavor of his remarks:

RC: well, this is a bold step. Do you think you face a strong opposition?

John: The opposition will always be there. The secular progressives, gays and MSNBC hosts -- but we beat them once with Prop 8 and we'll beat them again. If people are thinking about getting a divorce, just remember "Hell is eternal, just like your marriage was supposed to be." Jesus still loves you if you get divorced, just not as much as before.

Thanks to Not a Potted Plant and a commenter for correcting my initial incorrect interpretation of the proposal as as one that was meant to be serious in its approach. I guess it was a bad morning for my sense of humor that usually has a better compass than today.

Kuwait High Court Rejects Challenge To Election of Women MPs Who Refuse To Wear Hijab

Kuwait's Constitutional Court-- the country's highest tribunal-- today rejected an attempt by four voters to invalidate the election of two women members of Parliament. AFP reported on the decision. Petitioners argued that because the two women refused to wear the hijab (headscarf), they were in violation of a provision in the election law requiring candidates to comply with Islamic religious requirements. The Court however said that the election law does not specify which sharia regulations candidates must follow, and at any rate the guarantees in the Kuwaiti Constitution for equality, personal liberty, and freedom of belief and religion supersede anything to the contrary in the election law. (See prior related posting.)

Georgia Episcopal Diocese Wins Title To Property of Historic Savannah Church

Today's Savannah (GA) Morning News reports that the Episcopal Diocese of Georgia has won its lawsuit against the break-away Christ Church in Savannah. (Background on lawsuit.) A Georgia trial court yesterday declared that the 276-year old church building belongs to the Diocese and not to the congregation that passed a resolution in 2007 declaring that the Episcopal Church and the Georgia diocese had abandoned the historic principles of the denomination's faith. Among other things, the court cited the Episcopal Church's Dennis Canon that says parish property is held in trust for the Episcopal Church and the local diocese. The congregation's brief (full text) had argued that its 1789 Charter gave it title to the property and that the Dennis Canon did not create a legally enforceable trust.

2nd Circuit Dismisses Long-Running Lawsuit On Kindergartener's Religious Poster

In Peck v. Baldwinsville Central School District, (2nd Circuit, Oct. 26, 2009), the U.S. 2nd Circuit Court of Appeals dismissed a viewpoint discrimination lawsuit that has been in the courts for ten years. In the lawsuit, parents of a young student in a Baldwinsville, New York elementary school charged that a kindergarten teacher and a principal displayed their son's poster on environmental issues only after folding under a picture of Jesus on the poster so it was not visible. After numerous proceedings, the only remaining claim was a free speech claim for injunctive and declaratory relief against the school district, and the principal and superintendent in their official capacities. (See prior related posting.) The court held that mere past injury is not enough to justify injunctive or declaratory relief. Plaintiffs have not shown either a likelihood of future harm or an official policy involving regular violation of students' free speech rights. The court ordered the case dismissed for lack of subject-matter jurisdiction.

eBay Bans Auction Intended To Support Accused Killer of Abortion Doctor

The online auction site eBay has prohibited the use of its facilities by supporters of Scott Roeder, the alleged killer of Kansas City abortion doctor George Tiller. As reported by Sunday's Kansas City Star, Roeder's supporters planned to auction an Army of God manual, a prison cookbook compiled by an abortion clinic bomber, a bullhorn signed by an anti-abortion activist and three drawings autographed by Roeder. The proceeds were to be used for Roeder's defense in his first degree murder trial that begins in January. Apparently supporters hope to finance representation other than the public defenders who are now representing Roeder. Some supporters are urging him to assert a "necessity defense."

However the Cleveland Plain Dealer reported yesterday that eBay says the planned auction violates its policy against material that encourages illegal activity or promotes violence toward others. eBay says it will remove the items if they are posted for sale. Tiller's attorney wrote eBay arguing that any proceeds from the auction would come under Kansas' "Son of Sam" law that keeps those charged with crimes from profiting from their activities. Proceeds would instead go to the Kansas Crime Victims Compensation Board. Regina Dinwiddie, a Roeder supporter, complained that eBay is chilling their First Amendment rights.

11th Circuit: Challenge By Christian Group to University of Florida Rules Is Moot

In Beta Upsilon Chi Upsilon Chapter at the University of Florida v. Machen, (11th Cir., Oct. 27, 2009), the U.S. 11th Circuit Court of Appeals dismissed as moot a challenge by a Christian fraternity to the University of Florida's non-discrimination rules for student organizations. Originally BYX was denied recognition as a student organization because it limited membership to those who demonstrated "a credible profession of faith in Jesus Christ," including a literalist view of the Bible and sexual purity. BYX excludes from membership, non-Christians, Catholics and mainline Protestants. University policy prohibits registered student organizations from discriminating on various grounds, including religious beliefs. The district court denied a preliminary injunction. BYX appealed and the 11th Circuit ordered the University to grant recognition to the organization while the appeal was pending. (See prior posting.)

After oral arguments in the 11th Circuit, the University announced that it had changed its policy on recognition of student groups. It now allows religious organizations-- such as BYX-- to limit membership or leadership positions to students who share the religious beliefs of the organization. Over the objections of BYX, the court concluded that no live controversy remained. The Gainesville (FL) Sun reports on the decision.

Court Says New Hampshire Town's Zoning Refusal Violates RLUIPA

Yesterday's Keene (NH) Sentinel reports that a New Hampshire trial court judge has ruled that the Richmond, New Hampshire planning and zoning boards violated the federal Religious Land Use and Institutionalized Persons Act in dealing with the zoning application of a conservative Catholic church. St. Benedict Center applied to build a school and chapel on land it owned. The zoning and planning boards approved the proposal, but only if some 30 conditions were met. The court ruled that the town discriminated against St. Benedict's by attaching unattainable deadlines to some of the conditions. The court also concluded that Richmond's zoning laws effectively excluded houses of worship from the town. However the court dismissed the lawsuit's claim for damages against the individual board members, finding they were acting in a quasi-judicial capacity when they ruled on St. Benedict's zoning application. The claims against the boards themselves will now proceed to a jury trial for a determination of damages. St. Benedict is asking for $2 million in compensatory damages and up to $5.8 million in punitive damages.

French Court Convicts Scientology and Its French Leaders of Fraud

A Paris Criminal Court today convicted two French affiliates of the Church of Scientology of fraud upon the complaints of two women who claimed they were manipulated into buying products or enrolling in courses. AFP and the London Times report that fines totalling 600,000 Euros (around $900,000) were imposed on Scientology's Celebrity Centre and its bookshop in Paris. Scientology's French leader, Alain Rosenberg, was given a suspended two-year jail sentence and fined 30,000 Euros. Five other defendants were fined from 1,000 to 20,000 Euros on charges of fraud and the illegal practice of pharmacy. The court was unable to order Scientology dissolved because of a change in the law passed by Parliament in May that precluded dissolution as a punishment for fraudulent associations. (Background). The court also is requiring Scientology to publish the court's judgment in six newspapers and magazines in France and abroad. Judge Sophie-Helene Chateau said that a fine would be more effective punishment anyway, since a ban on the group might just drive them underground. According to the New York Times, the church, which calls the verdict "an Inquisition for modern times," says it will appeal

US Enjoined Temporarily From Moving On Terrorist Designation for Muslim Charity

In KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, (ND OH, Oct. 26, 2009), an Ohio federal district court issued a preliminary injunction barring the U.S. Treasury's Office of Foreign Assets Control from moving ahead to designate Kindhearts, a Muslim charity, to be a "Specially Designated Global Terrorist" group. In an August decision (see prior posting) the court found that in blocking KindHearts' assets, OFIC violated the charity's constitutional and statutory rights. Government officials had not obtained a search warrant; had applied vague criteria and not give the charity adequate notice and opportunity to be heard; and blocked access to funds for KindHearts to use to pay its counsel. The order issued yesterday bars the U.S. from taking the next step in the designation process until the court rules on what remedy is appropriate for the violations already found. Today's Toledo Blade reports on the case.

Both Sides Appeal Suit Against History Teacher For Anti-Religious Remarks

Both sides have filed appeals with the 9th Circuit in C.F. v. Capistrano Unified School District, the case in which California high school student Chad Farnan and his parents sued history teacher James Corbett for making remarks hostile to religion. A California federal district court found that one of the teacher's comments-- calling Creationism "superstitious nonsense"-- violated the Establishment Clause. However, Farnan was denied any relief on the claims. (See prior posting.) Yesterday's Orange County Register reports that teacher Jame Corbett's appellate team includes nationally renowned constitutional scholar Erwin Chemerinsky who is dean of UC Irvine School of Law. Corbett's 4-person team will represent him pro bono.

First Nativity Scene Lawsuit of the 2009 Season Is Filed

In what appears to be the first battle in the "Christmas Wars" for the 2009 season, a federal lawsuit has been filed by a Warren, Michigan resident challenging the county's decision to end a 63-year old tradition of his family's displaying a privately-constructed and maintained Nativity Scene on the median of a road in the city. The complaint (full text) in Satawa v. Board of County Road Commissioners of Macomb County, (ED MI, filed 10/23/2009), alleges that the county's denial to plaintiff of a permit to set up the display is a content-based infringement on freedom of speech in a traditional public forum and a denial of equal protection. The county first raised an objection in 2008 after receiving a letter (full text) from the Freedom from Religion Foundation complaining that the display on public property violates the Establishment Clause. Plaintiff removed the display last year since he had not applied for a permit. This year he applied, and was denied a permit. In addition to his speech and equal protection claims, plaintiff charges that the denial violates the Establishment Clause because it lacks a valid secular purpose and has the primary effect of inhibiting religion.

A press release from the Thomas More Law Center, announcing the filing of the lawsuit, quotes the Center's president, Richard Thompson, who said:

Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase 'separation of church and state,' — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday.... However, the grand purpose of our Founding Fathers and the First Amendment was to protect religion, not eliminate it.... [S]ystematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution.

Malta Court Interprets Ban On Vilifying Catholic Church

Section 163 of Malta's Criminal Code outlaws publicly vilifying the Roman Catholic Apostolic religion (the country's official religion), or those connected with it. The Police v. Rokku Abdilla, (Ct. Cr. App., Oct. 23, 2009), a decision handed down last week by Malta's Court of Criminal Appeal, interprets this provision. Here is a summary of the holding from the Judiciary of Malta's website:

The mere fact of dressing up as nun, even if for carnival, but without wearing any religious symbol, cannot reasonably be considered as amounting to public vilification of the Roman Catholic Religion, or of those belonging to such religion, or of its ministers, or of anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship. However, if the wearing of such a habit were accompanied with such circumstances of fact, words or gestures which objectively amount to vilification, then there would be an offence in terms of article 163.

Here is the full text of the decision in Maltese.

High School Football Fans Fill Stands With Biblical Verses

The New York Times reported yesterday that high school football fans in a Georgia town have found a way to respond to the school district's ending the practice of cheerleaders carrying banners with Biblical quotations onto the field. As previously reported, Fort Oglethorpe High School, concerned about potential litigation, ended the 8-year old tradition of the players breaking through paper banners painted by cheerleaders with New Testament verses. Cheerleaders switched to banners carrying secular slogans." But now, fans calling themselves "Warriors for Christ" (a take-off on the team's name), have filled the stands with their own signs carrying Biblical verses, along with others reading "You Can't Silence Us" and "Living Faith Outloud." The fans have also held large rallies and sold more than 1,600 T-shirts carrying passages from Deuteronomy and Timothy. Also at last week's game, led by students, the team prayed on the 50 yard line before play began. The team captain shouted "In Jesus Name!" as players broke out of a huddle. The Times commented: "the backlash demonstrates the difficulty of separating church and state in communities, especially in the South, where many prefer the two merged."

State Department Releases 2009 Report On International Religious Freedom

The State Department yesterday submitted to Congress its 2009 Report on International Religious Freedom as required by Section 102(b) of the International Religious Freedom Act of 1998. At a press conference announcing release of the report Secretary of State Clinton (full text of remarks) said in part:

The President has emphasized that faith should bring us together, and this year's report has a special focus on efforts to promote interfaith dialogue and tolerance..... I obviously believe that our country has been strengthened by its long tradition of religious pluralism. From the largest denominations to the very smallest congregations, American religious bodies and faith-based organizations have helped to create a more just and compassionate society. Now, some claim that the best way to protect the freedom of religion is to implement so-called anti-defamation policies that would restrict freedom of expression and the freedom of religion. I strongly disagree. The United States will always seek to counter negative stereotypes of individuals based on their religion and will stand against discrimination and persecution.....

Based on our own experience, we are convinced that the best antidote to intolerance is not the defamation of religion’s approach of banning and punishing offensive speech, but rather, a combination of robust legal protections against discrimination and hate crimes, proactive government outreach to minority religious groups, and the vigorous defense of both freedom of religion and expression.

After Secretary Clinton's remarks, Assistant Secretary of State Michael S. Posner answered extensive questions from the press (full text of press conference). Posner clarified that information in the report being released would be used over the next few months to make judgments on which countries should remain on, be taken off or be added to the list of "countries of particular concern"(CPC) -- those with particularly problematic religious freedom records. This report did not make those designations.

The U.S. Helsinki Commission issued a release praising the State Department's report. The U.S. Commission on International Religious Freedom was more critical, issuing a statement urging the Obama administration to take stronger steps than it has so far. USCIRF Chairman Leonard Leo said: "Both Democratic and Republican administrations have underutilized the 'country of particular concern' designation." He emphasized differences between USCIRF and the State Department, and called for stronger action than in the past against Saudi Arabia, Pakistan and Vietnam.

The Washington-based Institute for Religion & Public Policy issued a release that applauded Secretary Clinton's statements but strongly criticized the Obama Administration for not yet appointing an Ambassador at Large for International Religious Freedom. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Furor In Britain Following BBC Appearance of BNP Party Leader

BBC News yesterday reported that many in Britain are outraged over the appearance last week on BBC One's Question Time of British National Party leader Nick Griffin. The BNP limits its membership to members of Caucasian British ethnic groups and has been outspokenly anti-Muslim. It is under court order to change its constitution to eliminate discrimination on the basis of race or religion. (See prior posting.) Griffin complained that the BBC program should not have been held in London because "it is no longer a British city" due to its level of immigrants. Former Archbishop of Canterbury Lord Carey urged Christians to "stand shoulder to shoulder" in rejecting the BNP, after BNP's Griffin referred to "Christian Britain" during his BBC appearance. BNP says 3,000 people registered to join the party during and after the broadcast. The broadcast had a record audience of 8 million viewers.

Demonstrations In Kabul In Reaction To Rumor Over Desecration of Quran

The London Telegraph reports that in Afghanistan's capital of Kabul yesterday, hundreds of demonstrators burned President Obama in effigy in reaction to rumors that U.S. troops had burned a copy of the Quran last week during a raid in Wardak province. One banner displayed by the demonstrators read: "No to Democracy. We just want Islam."A spokesperson for coalition forces said that an investigation showed that the reports were false, and were propaganda being circulated by the Taliban.

Recent Prisoner Free Excercise Cases

In Niemczynski v. Arpaio, 2009 U.S. Dist. LEXIS 97786 (D AZ, Oct. 8, 2009), an Arizona federal district court refused to dismiss a former jail inmate's claim that his free exercise rights were violated when the sheriff ordered Christian Christmas music to be played continuously for over 10 hours per day.

In Joseph v. Fischer, 2009 U.S. Dist. LEXIS 96952 (SD NY, Oct. 8, 2009), a New York federal dstrict court held that personal involvement of a defendant in the alleged substantial burden of plaintiff's exercise of religion is a prerequisite to stating a claim under RLUIPA, and that an official's denial of a grievance alleging a constitutional deprivation, without more, does not amount to personal involvement. Plaintiff's grievance concerned seizure of his religious material.

In Turner-Bey v. Indiana Department of Corrections, 2009 U.S. Dist. LEXIS 97219 (ND IN, Oct. 10, 2009), an Indiana federal district judge held that a Muslim inmate's free exercise rights were not violated by a single incident of authorities inadvertently including pork ham on the Halal diet trays.

In Menefield v. Cate, 2009 U.S. Dist. LEXIS 96447 (ED CA, Oct. 5, 2009), a California federal district judge issued a preliminary injunction requiring prison authorities to give a Muslim prisoner access to the prison's kosher diet pending the state's decision on implementing a Halal alternative.

Recent Articles and Books Of Interest

From SSRN:

• Victor C. Romero, Of Hope and Humility: Christian Realism, Immigration Reform and Executive Leadership, (Penn State Legal Studies Research Paper No. 17-2009, Oct. 23, 2009).
• Ira C. Lupu & Robert W. Tuttle, Same-Sex Family Equality and Religious Freedom, (Northwestern Journal of Law and Social Policy, Forthcoming).
• Eric G. Andersen, Religion and Social Welfare in the United States: The Case of Charitable Choice, (The Review of Faith & International Affairs, Vol. 7, No. 3, 2009).

From SmartCILP and elsewhere:

• Barbara Shapiro, Changing Language, Unchanging Standard: From 'Satisfied Conscience' to 'Moral Certainty' and Beyond 'Reasonable Doubt', 17 Cardozo Journal of International & Comparative Law 261-279 (2009).
• Barbara E. Wall, Ethical Considerations for a New Jurisprudence: A Catholic Social Thought Perspective, 11 Barry Law Review 77-93 (2008).
• Samuel W. Calhoun, Getting the Framers Wrong: A Response to Professor Geoffrey Stone, 57 UCLA Law Review Discourse 1 (2009).
• Geoffrey R. Stone, The Perils of Religious Passion: A Response to Professor Samuel Calhoun, 57 UCLA Law Review Discourse 15 (2009).

Recent Books:

• Bethany Moreton, To Serve God and Wal-Mart, (Harvard University Press, May 2009).
• Amos Guiora, Freedom from Religion, (Oxford University Press, Oct. 2009).
• Vincent Phillip Muñoz, God and the Founders - Madison, Washington, and Jefferson, (Cambridge University Press, 2009), reviewed by South Bend Tribune.

Court Orders Deacons To Turn Church Control Back To Pastor

In Pike County, Alabama, a state trial court judge has issued a temporary injunction ordering two deacons of Troy, Alabama's New Mount Pleasant Baptist Church to turn the keys to the church and church documents over to the pastor and a majority of the congregation, and to refrain from interfering with church services. According to last Thursday's Troy Messenger, the deacons were upset that the pastor was disclosing financial information to the congregation outside the once-a-year business meeting. So they essentially took over the church. The court, however, ruled that a majority vote of the congregation controlled. The deacons-- one of whom had served in that capacity for 67 years-- had argued that the supposed majority were inactive members, and that there were only 15 members who actively attend and pay their tithes.

High School Teacher Found To Be Prevailing Party For Court Costs Recovery

The clerk's office in federal district court in Santa Anna, California has determined that nearly $20,000 in court costs should be borne by high school student Chad Farnan who sued his high school history teacher James Corbett, the school district and the teachers' union over anti-Christian remarks made by Corbett. While the court found that one statement by Corbett amounted to a violation of the Establishment Clause, it held that Corbett was not liable for damages because he was entitled to qualified immunity. (See prior posting.) That led the clerk's office to decide that Corbett was the prevailing party entitled to receive an award of court costs. The fees are to be paid by Advocates for Faith & Freedom, a Christian legal group that represented Farnan pro-bono. The school district and teachers' union, whose attorneys also represented Corbett, now plan to file a motion to recover over $378,000 in attorneys' fees. Reporting these developments, the Orange County Register says that Farnan's attorney now plans to ask the judge to review the ruling on court costs.

Islamic Group Still Pressing For International Ban On Insulting Religions

Despite the United Nations Human Rights Council's recent adoption of a compromise resolution on freedom of opinion and expression (see prior posting), the Organization of the Islamic Conference and the African Group are pressing for much more robust protections against publications that insult or negatively stereotype religion and religious ideas. According to Nigeria's Vanguard on Friday, these groups have asked the Human Rights Council's Ad Hoc Committee for the Elaboration of Complementary Standards to develop:

"new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".

A group of NGO's has written to the U.N. committee objecting to these proposals, saying that they threaten freedom of expression and the protection of equality.

U.S. Army For First Time Allows Sikh To Serve While Wearing Turban

According to a press release Friday from the Sikh Coalition, for the first time in 23 years the U.S. Army has agreed to allow as Sikh physician, Captain Kamaljeet Singh Kalsi, to wear his religiously-mandated turban and long hair while serving on active duty. The decision does not represent a change in Arny policy, but instead a waiver granted at this point only to Capt. Kalsi. According to Stars and Stripes, if Kalsi is transferred to another command or deploys, he will be required to apply for another waiver from the Army’s uniform policy. The Sikh Coalition has been pressing for a broader change in Army policy and the Army has indicated a willingness to review its policy that excludes Sikhs. (See prior posting.)

Houston Sued Over City Council Prayer Policy

KTRK-TV News Friday reported that a lawsuit has been filed against the city of Houston, Texas challenging the constitutionality of its opening its city council meetings with a prayer. Invocations are offered either by Council members or invited clergy of various religious faiths. According to 39online.com, City Councilwoman Anne Clutterbuck was also named as a defendant. She often opens Council sessions with the Lord's Prayer. Plaintiff in the lawsuit is Kay Staley who sued and in 2007 obtained removal of a monument displaying the King James Bible at the Harris County (TX) courthouse. (See prior posting.)

Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released

There are at least two new developments in the case of Rifqa Barry, the 17-year old convert to Christianity who fled to Florida from Ohio, saying she was afraid that her Muslim family would kill her or send her back to Sri Lanka. Yesterday Florida Judge Daniel Dawson issued an order to the Florida Department of Children and Families to relinquish its emergency jurisdiction over the girl and arrange for her to be transported to the proper authorities with Franklin County Children Services in Ohio. The order was issued after the judge received the paperwork he had requested showing the girl's immigration status and confirming that she could remain enrolled in on online school in which she started while in Florida. (MyFoxSpokane; 13CentralFloridaNews). (See prior posting.) Also yesterday, Florida's Department of Law Enforcement released the full transcript of its interview with the girl on Aug. 24 shortly after she arrived in Florida. (See prior posting.)

Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform

Earlier this month, the U.S. Conference of Catholic Bishops sent a letter (full text) to every member of Congress saying that the Bishops "will have no choice but to oppose the bill" if the final legislation does not meet three principles they have set out: (1) Exclude mandated coverage for abortion, and incorporate longstanding policies against abortion funding and in favor of conscience rights; (2) Adopt measures that protect and improve people's health care; and (3) Include effective measures to safeguard the health of immigrants, their children and all of society. In response to the letter, Rhode Island Rep. Patrick Kennedy told CNS News Thursday (in part):

I can't understand for the life of me how the Catholic Church could be against the biggest social justice issue of our time where the very dignity of the human person is being respected by the fact that we're caring and giving health care to the human person – that right now we have 50 million people who are uninsured. You mean to tell me the Catholic Church is going to be denying those people life saving health care? I thought they were pro-life.

Now, according to AP, Rhode Island Catholic Bishop Thomas Tobin has responded to Kennedy's statement, saying:

Congressman Kennedy continues to be a disappointment to the Catholic Church and to the citizens of the state of Rhode Island. I believe the Congressman owes us an apology for his irresponsible comments.

[Thanks to Scott Mange for the lead.]

Wiccan Sues For Employment Discrimination

A Hartford, Connecticut woman who was employed as a sales manager for Bath and Body Works filed suit alleging employment discrimination, wrongful termination and infliction of emotional distress after she was fired because she was a follower of Wicca. The complaint (full text) in Uberti v. Bath and Body Works, LLC, (D CT, file 10/15/2009), filed in a Connecticut federal district court, alleged that Gina Uberti's new regional manager objected to her practice of taking a week of her vacation time in October to travel to Salem, Massachusetts to celebrate Samhain (the start of the New Year). Her former manager had approved the vacation time. However her new manager questioned her priorities in light of a project being rolled out by the company and fired her, saying: "I will be damned if I have a devil-worshipper on my team." Yesterday's Courthouse News reported on the lawsuit. [Thanks to "Janus" for the lead.]

Challenge To Illinois Drivers License Rules Survives Motion To Dismiss

In Baer-Stefanov v. White, 2009 U.S. Dist. LEXIS 98132 (ND IL, Oct. 22, 2009), an Illinois federal district court rejected the Illinois Secretary of State's motion to dismiss a lawsuit challenging the Illinois statute and regulations governing issuance of drivers licenses to individuals who have religious objections to furnishing their social security number. The statute and regulations grant an exemption, but only if the applicant includes a statement from his or her religious leader that use of a social security number is against the applicant's faith. Also the statute permits the Secretary of State to determine which religious orders or sects have bona fide religious convictions that prohibit applying for a social security number. Plaintiffs challenged these provisions on free exercise and equal protection grounds, as well as under the Illinois Religious Freedom Restoration Act.

First German Bank To Offer Sharia Financial Products Will Open

Today's Spiegel reports that the first bank in Germany to offer Sharia-compliant financial products to German Muslims will open next year in Mannheim. Kuveyt Turk Beteiligungsbank will have a large potential market since four million Muslims who live in the country. German financial regulators will host an international conference next week to discuss promoting financial institutions that offer Islamic products.

9th Circuit Hears Oral Arguments In Student Speech Appeal

On Tuesday, the 9th Circuit Court of Appeals hear oral arguments in Arizona Students for Life v. Crow. At issue is the extent to which the University may require a student group to show proof of insurance in order to display a pro-life exhibit or hand out literature from a table on campus. ASU attorneys say the university has put in place a less restrictive policy since the incident in question, but the student group says it is entitled to damages, and that there are still concerns about future problems. LifeNews reported that during oral arguments Judge Alex Kozinski suggested that it would be better for the parties to attempt to settle the case out of court. Retired U.S. Supreme Court Justice Sandra Day O’Connor sat on the panel that heard the case. The 9th Circuit has posted a recording of the full oral arguments online.

Iranian Cleric Says Nuclear Weapons Violate Islamic Law

Intelligence and Terrorism Information Center reported this week that a senior cleric in Iran, Ayatollah Hossein-Ali Montazeri, has issued a fatwa stating that developing and using nuclear weapons are a violation of Muslim religious law. His ruling said that the use of nuclear weapons would lead to the deaths of innocent people and harm future generations. The report says that in the past, other Iranian clerics have issued competing rulings on the issue. In the past, senior Iranian figures have claimed that Supreme Leader Ayatollah Ali Khamenei issued a fatwa (never made public) prohibiting the development of nuclear weapons.

B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law

In Canada, British Columbia's Attorney General has decided that instead of appealing the dismissal of polygamy charges that were filed against the leaders of two FLDS factions, (see prior posting) the province will instead ask the British Columbia Supreme Court for clarification on the law. CBC News reported yesterday that the Attorney General will ask the Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms, and to clarify the meaning of the provisions of Section 293 of the Criminal Code. In a press release, the Attorney General said: "Until Canadians and the justice system have clarity about the constitutionality of our polygamy laws, all provinces, including ours, face a lengthy and costly legal process in prosecuting alleged offences." The Province has published a helpful timeline of developments in the long-running case.

9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers

The U.S. 9th Circuit Court of Appeals has now released its opinion in John Doe #1 v. Reed, (9th Cir., Oct. 22, 2009), explaining its order issued last week clearing the way for release of the names of those who signed referendum petitions in Washington state seeking review of the state's domestic partnership law. (See prior posting.) The court held that applying Washington state's Public Records Law to the referendum petitions does not violate the 1st Amendment right to anonymous political speech. It said that the signatures on the petitions are not anonymous. It concluded further that the district court was incorrect in applying strict scrutiny, saying that petition signing should be seen as "expressive conduct" subject to intermediate scrutiny. The state's asserted interests in preserving the integrity of the election and furnishing voters information about who supported placing a referendum on the ballot were found to be sufficiently important to justify their incidental limitation on speech. The incidental effect was found no greater than necessary to carry out the state's goals. [Thanks to Eugene Volokh for the lead.]

Senate Gives Final Approval To Hate Crimes Bill

The U.S. Senate yesterday by a largely party-line vote of 68-29 approved HR 2647, the 2010 National Defense Authorization Act as recommended by the Conference Committee. The bill contains an expansion of federal hate crimes legislation, the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act. The House has already approved the Conference Committee version (see prior posting) and the bill now goes to President Obama who is expected to sign it. The Washington Post reports that Republicans who opposed the hate crimes provisions were upset that the Democrats attached them to a defense spending bill, daring them to vote against the military budget.