Group Complains About Use Policy of Navy Website

Yesterday Liberty Counsel released a letter (full text) it has sent to Navy Secretary Ray Malbus complaining about restrictions imposed by the administrator of a website, Navy for Moms. The website, which includes discussion forums, was set up by the Navy-- through an outside contractor-- to provide support and interactive communication for mothers of those in the Navy and those considering enlisting. Recently its guidelines were amended to prohibit the posting of religious discussions or the creation of religious discussion groups. This followed an incident in which the administrator of the website told a user who created a discussion forum called "Christian Chat" that she must change the group's name because it was too divisive. Liberty Counsel's letter argues that this amounts to viewpoint discrimination in a designated public forum, and that users of the website cannot violate the Establishment Clause by their postings since they are not governmental actors.

Ski Resort Settles Religious Discrimination Charges By EEOC

The EEOC announced yesterday that Vail Corp., a ski resort, has settled a religious and gender discrimination lawsuit. Under the settlement, the company will pay former employee Lisa Marie Cornwell, $80,000 in damages, and will provide training for its employees on religious accommodation, harassment and retaliation. Among the charges against Vail were that: "Cornwell's supervisor, Rick Garcia, forbade her and another Christian employee from even discussing their Christian beliefs with one another while at work, and would not allow them to listen to Christian music while on duty, because it might offend other employees, but had no similar restrictions on music with profanity or lyrics promoting violence against women, which were offensive to Cornwell. Additionally ... Garcia ridiculed Cornwell for asking for scheduling accommodation so that she could attend her preferred religious services, and denied her requests while scheduling lower ranking officers for the shifts she requested."

Library Room Use Policy Violates Establishment Clause

In Faith Center Church Evangelistic Ministries v. Glover, (ND CA, June 18, 2009), a California federal district court held that a policy of Contra Costa County (CA), that opens county library meeting rooms for use for many educational, cultural and community activities, but not for religious services, violates the Establishment Clause. Previously, the 9th Circuit had held that the exclusion does not violate the free speech protections of the 1st Amendment. (See prior posting.) Now, however, on remand the district court concludes that the policy violates the excessive entanglement prong of the Lemon test. It concludes that it is likely "the County would be called upon to inquire into religious doctrine in order to determine whether a particular activity qualified as a religious service." The court issued an injunction against enforcement of the policy, to take effect July 6. However it dismissed damage claims against various individual defendants on the basis of immunity. Yesterday's Contra Costa Times reported on the decision, as did a release from the Alliance Defense Fund.

"Prayer Station" Inside City Hall Is Questioned

In Warren, Michigan, The Tabernacle, a Church of God congregation, has set up a "Prayer Station" inside city hall. The city makes space inside the building available to any non-profit free-of-charge. Similar stations have been set up elsewhere around the city. Today's Detroit News reports that the Freedom from Religion Foundation is nevertheless concerned about the city's not visibly dissociating itself from the prayer booth. It has asked for further information about the city's arrangement with the church. Church volunteers staff the prayer booth, taking down the first name of each person who visits, and asking the person to call or e-mail the church when his or her prayer is answered.

Australian Sikh Files Complaint Over Helmet Requirement To Take Motorcycle License Test

In Australia, a 21-year old Sikh man, Mandeep Singh, has filed a complaint with the Western Australia Equal Opportunity Commission because he was not allowed to take the state test for a motorcycle license without wearing a helmet. Today's West Australian reports that the state's Department of Planning and Infrastructure no longer exempts Sikhs from the helmet requirement. For religious reasons, Sikhs do not remove their turban, nor will they wear a helmet over it.

In Israel, Court Hears Suit By Messianic Congregation Against Beersheba's Chief Rabbi

Today's Jerusalem Post reports on a trial held Sunday in Israel in the Beersheba Magistrate's Court in a suit by a Messianic Jewish congregation against Beersheba's chief rabbi and the Jewish anti-missionary group, Yad L'Achim. The Nachlat Yeshua Messianic Congregation said that in 2007, hundreds of Orthodox Jews held a demonstration without a permit, broke into their church compound, attacked worshipers, broke furniture and held their own prayer service, until police removed the demonstrators three hours later. Apparently Rabbi Yehuda Deri organized the demonstration after being inaccurately told by Yad L'Achim that 10 bus loads of Jewish children were being taken to the church to be baptized. Apparently only two individuals, both over 18, were to be baptised that day.

Recent and Forthcoming University Press Books of Interest

U.S. Religious History and Politics:

• Winnifred F. Sullivan, Prison Religion: Faith-Based Reform and the Constitution , (Princeton Univ. Press, 2009).
• James M. O'Toole, The Faithful: A History of Catholics in America, (Belknap Press, Nov. 2009).
• Moshik Temkin, The Sacco-Vanzetti Affair: America on Trial, (Yale University Press, April 2009).
• Shayne Lee & Phillip Luke Sinitiere, Holy Mavericks: Evangelical Innovators and the Spiritual Marketplace, (NYU Press, April 2009).
• Hasia R. Diner, We Remember with Reverence and Love: American Jews and the Myth of Silence after the Holocaust, 1945-1962, (NYU Press, April 2009).

Europe, Asia and the Middle East:

• Alan E. Steinweis, Kristallnacht 1938, (Belknap Press, Nov. 2009).
• Rebecca Nedostup, Superstitious Regimes: Religion and the Politics of Chinese Modernity, (Harvard East Asian Monographs, Nov. 2009).
• Benjamin J. Kaplan, Divided by Faith: Religious Conflict and the Practice of Toleration in Early Modern Europe, (Belknap Press, Oct. 2009).
• Robert Garland, Introducing New Gods: The Politics of Athenian Religion, (Cornell University Press, 2009).
• Ali A. Allawi, The Crisis of Islamic Civilization, (March 2009, Yale University Press).
• Thomas Brudholm & Thomas Cushman (eds.), The Religious in Responses to Mass Atrocity: Interdisciplinary Perspectives, (Cambridge University Press, Feb. 2009).

Mousavi Letter Includes Analysis of Relation of Islam To Democracy

In Iran on Saturday, opposition leader Mir Hossein Mousavi published a letter to the Iranian people on his website, continuing to challenge the results of last week's presidential election. (Full text of letter in translation from Juan Cole's Informed Comment blog.) The letter includes these comments on the relationship of Islam to democracy in Iran:

If the very large magnitude of the cheating and vote-rigging, which has fueled popular discontent, is cited as proof of the absence of cheating, then the Republic is headed for the slaughterhouse, and the allegation that Islam and republicanism are contradictory will have been proven.... Such a fate will gladden two groups.

One group, from the beginning of the Revolution, had fortified itself against the Leader [Ayatollah Khomeini]. It insisted that an Islamic government must be run like the dictatorship of the righteous. Adherents of this group, in their defunct thinking, surmised that they could drag people to paradise by force. The second group were those who, under the guise of defending the people’s rights, declared religion and Islam contradictory to a republican form of government.

The Leader [Khomeini] maneuvered astutely to neutralize the sorceries of these two groups. Relying on the path of the Leader [Khomeini], I came to neutralize the sorcerers who have resurfaced since then.

School District Incurs High Legal Fees In Unsuccessful Defense of Prayer Lawsuit

Today's Pensacola (FL) News Journal reports that the Santa Rosa County (FL) School District ran up nearly $200,000 in legal fees defending a lawsuit against it challenging prayer and religious activities in the schools. The lawsuit was settled in March, with the school district agreeing to give up the practices. (See prior posting.) However contempt proceedings against a school employee for violating the decree are still pending. (See prior posting.) The school district may also need to pay at least some $250,000 in fees incurred by the ACLU. The school district's insurance company will cover part of the costs. In something of an understatement, School District Superintendent Tim Wyrosdick said: "It's not where I would have placed that amount of money, but it was what it was." The school district already faces budget shortfalls that are leading to cuts in program, staff and teachers.

Paper Publishes Long Expose On Tactics Used By Church of Scientology

Today's St. Petersburg (FL) Times runs the first of a 3-part series on the Church of Scientology, revealing significant new insights into the organization's operations. The series is based on interviews with four former executives of the Church who later defected. Today's article traces the rise to power of the current leader of Scientology, David Miscavige. After the 1986 death of Scientology founder L. Ron Hubbard, he cemented his control by obtaining possession of Hubbard's last writings through a ruse. He told his rivals for control, Pat and Annie Broeker, that the FBI was about to raid their ranch and take the papers. They turned the papers over to a Miscavige supporter.

The article claims that "physical violence permeated Scientology's international management team. Miscavige set the tone, routinely attacking his lieutenants."

One of the most interesting parts of today's long article is the account of Scientology's efforts-- ultimately successful in 1993-- to regain its tax exempt status from the IRS. The IRS had revoked the Church's 501(c)(3) exemption in the 1960's, arguing that it was a commercial enterprise. Hubbard unsuccessfully attempted to regain it through infiltrating the IRS, copying documents and withholding tax payments. (Background.) Miscavige used a new strategy, described at length by the Times:

Overwhelm the IRS. Force mistakes. The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions....

The church ratcheted up the pressure with a relentless campaign against the IRS.
Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington.

A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology.... They also knew the other side was hurting. A memo obtained by the church said the Scientology lawsuits had tapped the IRS's litigation budget before the year was up....Another memo documented a conference of 20 IRS officials in the 1970s. They were trying to figure out how to respond to a judge's ruling that Scientology met the agency's definition of a religion. The IRS' solution? They talked about changing the definition. .... Rathbun says that contrary to rumor, no bribes were paid, no extortion used. It was round-the-clock preparation and persistence — plus thousands of lawsuits, hard-hitting magazine articles and full-page ads in USA Today criticizing the IRS. "That was enough," Rathbun said. "You didn't need blackmail."

Miscavige says that the defectors who provided information for the series are liars and are attempting to stage a coup to seize control of the Church. Additional installments in the newspaper's series will appear tomorrow and Tuesday. Those installments, along with additional material already available, will be linked here.

Nigerian Court Asked To Enjoin Rival From Forcing Plaintiff To Swear An Oath

In Nigeria, a merchant, Ugochukwu Ugwoegbu, has filed an unusual case in the Ikeja High Court. According to a report yesterday in Next, Ugwoegbu claims that after serving as an apprentice with Ojimba Nnanna for nine years, he left and started his own business. Nnanna is upset at Ugwoegbu's success and claims that he stole money to invest to start up his competing enterprise. The lawsuit claims that Nnanna is conspiring with police and a clergyman to force him "to swear to an oath at an occult home." He seeks an injunction from the court to prevent police arresting him or his being forced to swear an oath, claiming that this violates his freedom of thought, conscience and religion which is protected under Sec 38 of Nigeria's constitution.

Recent Prisoner Free Exercise Cases

In Desimone v. Bartow, 2009 U.S. Dist. LEXIS 48689 (ED WI, June 10, 2009), a Wisconsin federal district court rejected an inmate's claims that his free exercise rights protected by RLUIPA were infringed when authorities seized various journals and documents written in Atlantean. The court held that while plaintiff's "religious conscience may impel him to separate himself from his peers ... through writing in an alien alphabet, he has failed to ... show that the proscription on writing in Atlantean creates a substantial burden on his right to exercise his religion. Further ... the policy prohibiting writing in Atlantean is the least restrictive means available to advance a compelling governmental interest."

In Elock v. Trancoso, 2009 U.S. Dist. LEXIS 49731 (CD IL, June 15, 2009), an Illinois federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities searched her cell and threw away two of her prayer books. The court also expressed doubt that plaintiff could show a violation of her constitutional rights.

In Levy v. Holinka, 2009 U.S. Dist. LEXIS 49586 (WD WI, June 11, 2009), a Wisconsin federal district court permitted an inmate who followed the Hebrew Israelite faith to move ahead with free exercise, RFRA, establishment clause and equal protection challenges to federal prison authorities' refusal to permit him to observe his high holidays and to wear a kufi.

In Fletcher v. Vandyne, 2009 U.S. Dist. LEXIS 49877 (SD OH, June 11, 2009), an Ohio federal magistrate judge dismissed, for lack of evidence, an inmate's claim that prison authorities violated RLUIPA when they refused to serve him non-pork based products several times in the same week.

French Legislators Want Investigation of Wearing Of Burqas

Reuters reported on Friday that in France, nearly 60 legislators have asked a Parliamentary commission to investigate the spread of the practice of women wearing the burqa in France. If the investigation shows that women are being coerced into wearing the religious full face and body covering, Parliament may ban burqas in the country in order to protect individual freedoms.

UPDATE: On Monday (June 22), French President Nicolas Sarkozy, as part of a speech to Parliament, added his support to creation of a commission to study the burqa and ways to prevent its spread. Monday's New York Times reports that Sarkozy characterized the issue as one of freedom and women's dignity. Under recent reforms, the speech was the first by a French president to Parliament since 1875.

Khamenei Sermon Defends Iran's Theocracy, Criticizes US Religious Freedom Record

Friday's now-famous sermon in Iran by Supreme Leader Ayatollah Ali Khamenei on the Iranian election results contained less-reported passages defending Iran's theocratic form of government and criticizing the religious freedom record of the United States. Here, from the full text in English translation (via Juan Cole), are excerpts on religion and state:

These elections showed our religious democracy to the entire world. All those people who are ill-wishers towards the system witnessed what religious democracy really is.

This is a third way different from dictatorships and tyrannical systems on the one hand and democracies removed from spirituality and religion on the other. This is religious democracy. This is what attracts the hearts of people and brings them to the center of the arena, and it just passed its test. That was one point about the election....

In the US, in a Democrat administration, when the husband of this lady who is making comments (Khamene'i refers to Bill Clinton) was in charge, more than 80 people, members of the [Branch] Davidian sect were burned alive. They cannot deny it. Democrats did it. The Davidian sect angered the American government for some reason. The followers of the Davidian sect were staging a sit-in protest in a house. The authorities asked them to come out. The Davidians refused. More than 80 men, women and children were burned alive in this house. The Americans have no understanding of human rights.

I think the American officials should take it upon themselves feel ashamed. The Islamic Republic is the flag-bearer of human rights. The way we defend the suppressed people of Palestine, Lebanon, Iraq and Afghanistan shows our commitment. It shows the human rights flag is flying high in Iran. We do not need the advice of others on human rights. That was my take on the election.

Appeals Filed In Valedictorian Speech, Montana Law School CLS, Cases

Two appeals of interest have recently been filed. On Thursday, a petition for certiorari (full text) to the U.S. Supreme Court was filed in McComb v. Crehan. In the case, the U.S. 9th Circuit Court of Appeals upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references. Rutherford Institute has issued a press release on the filing. (See prior posting.)

Also on Thursday, an appeal was filed with the U.S. 9th Circuit Court of Appeals in Christian Legal Society v. Eck. (Full text of Notice of Appeal.) In the case, a Montana federal district court upheld application of the University of Montana Law School's non-discrimination and open-membership policies for recognized student groups to the Christian Legal Society. (See prior posting.) The Alliance Defense Fund issued a release announcing the appeal.

Obama Speaks At Hispanic Prayer Breakfast

President Obama this morning spoke at the Esperanza National Hispanic Prayer Breakfast held at Washington's JW Marriott Hotel. (Full text of remarks.) He said in part:

At a time when there's no shortage of challenges to occupy our time, it's even more important to step back, and to give thanks, and to seek guidance from each other -- but most importantly, from God. That's what we've come here to do.

We can begin by giving thanks for the legacy that allows us to come together. For it was the genius of America's Founders to protect the freedom of all religion, and those who practice no religion at all. So as we join in prayer, we remember that this is a nation of Christians and Muslims and Jews and Hindus and non-believers. It is this freedom that allows faith to flourish within our borders. It is this freedom that makes our nation stronger.

For those of us who draw on faith as a guiding force in our lives, prayer has many purposes. For many, it is a source of support when times are hard.... But prayer is more than a last resort. Prayer helps us search for meaning in our own lives, and it helps us find the vision and the strength to see the world that we want to build.

In his remarks, he indicated his commitment to passing comprehensive immigration reform, and also made reference to his recent nomination of Judge Sonia Sotomayor to the U.S.Supreme Court.

Texas High Court Says State RFRA Applies To Zoning Restrictions

Today in Barr v. City of Sinton, (TX Sup. Ct., June 19, 2009), the Texas Supreme Court held that the strict scrutiny standard in the Texas Religious Freedom Restoration Act applies to zoning ordinances. It went on to hold that the city of Sinton's ordinance that banned correctional or rehabilitation facilities within 1000 feet of residential areas, schools, parks or places of worship infringed the rights of a halfway house for recently released prisoners operated by a religious ministry. The ordinance effectively barred the halfway house from the entire city. In response to the city's argument that plaintiffs' free exercise of religion was not involved, the court said: "the fact that a halfway house can be secular does not mean that it cannot be religious." [Thanks to Douglas Laycock via Religionlaw for the lead.]

Chaplain Resigns After In-Jail Bar Mitzvah Party Disclosed

On Wednesday, the Forward reported that Satmar Rabbi Leib Glanz has resigned as a New York prison chaplain after it was disclosed that he helped a Jewish prison inmate throw a lavish Bar Mitzvah party inside the Manhattan Detention Center. The party was for the son of Tuvia Stern, a fellow Satmar, who is in jail at "the Tombs" on charges of bank fraud and fleeing the country. Catered kosher food and silverware were brought into the prison gym where the party was held, and as entertainment a popular Hasidic singer performed for the Bar Mitzvah guests. The article reports that Rabbi Glanz has a history of wielding political influence to obtain funding and political good will for Satmar institutions. Corrections Department chief Peter Curcio, who was in charge of jail security, also resigned in the wake of disclosures about the in-jail Bar Mitzvah party.

Church Sues Florida School Board Over Flyer Policy

In Fort Myers, Florida, the Cypress Wood Presbyterian Church this week filed a federal lawsuit against the Collier County School Board challenging its policy on distribution of flyers in schools. The complaint (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, filed 6/17/2009), alleges that Board policy permits non-profit groups to make flyers available to students to promote cultural, community, charitable, recreational, and education-related activities. However, flyers publicizing religious events may not contain proselytizing messages and may not overtly advocate support for a religious organization. The school district refused to permit plaintiff to distribute flyers promoting its Vacation Bible School. The lawsuit claims that the refusal violates plaintiff's 1st Amendment speech and free exercise rights, its 14th Amendment equal protection and due process rights, and Florida's Religious Freedom Restoration Act. Alliance Defense Fund issued a release announcing the filing of the case.

Civil Rights Group Issues New Report On Hate Crimes

The Leadership Conference on Civil Rights has recently issued a 48-page report titled Confronting the New Faces of Hate: Hate Crimes in America 2009. The report is an update of a similar one issued in 2004. It emphasizes that "the number of hate crimes committed against Hispanics and those perceived to be immigrants has increased each of the past four years for which FBI data is available, and hate crimes committed against individuals because of their sexual orientation has increased to its highest level in five years." Portions of the report also focus on hate crimes against religious minorities: Jews, Muslims and Sikhs. The Executive Summary says in part:

Fear and vilification of immigrants has combined with the worst economic downturn in decades and the election of the first African-American president to cause a surge in the activity of white supremacist groups.... Extremists have taken advantage of the Internet and new technologies to recruit new members and promote their bigoted ideology. Whereas hate mongers once had to stand on street corners and hand out mimeographed leaflets to passersby, extremists now use mainstream social networking sites such as MySpace or Facebook to access a potential audience of millions — including impressionable youth.

[Thanks to Michael Lieberman for the lead.]

Old Abuse Claim Filed By Cardinal O'Connor's Nephew

Taking advantage of a Delaware 2-year statute of limitations window to file old clergy abuse claims, 31-year old Rich Green, a nephew of the late New York Cardinal John O'Connor, has filed suit against the Oblates of St. Francis de Sales. Today's Philadelphia Inquirer reports that the abuse occurred over a 6-month period when Green was 14. The suit alleges that the late Rev. John M. McDevitt, a teacher at Philadelphia's at Northeast Catholic High School who knew that Green was O'Connor's nephew, threatened to fail Green in his religion course if he did not go along with the abuse. He also threatened to injure Green if he reported the abuse. The abuse caused Green to turn away from his religion. The suit can be brought in Delaware because the Oblates sent McDevitt to Philadelphia from Delaware knowing of his sexual abuse history.

Religious Conservatives Criticize Obama's Extension of Some Benefits To Gay Couples

Yesterday President Barack Obama signed a Memorandum (full text and full text of remarks at signing) extending certain benefits to same-sex domestic partners of government employees. (New York Times.) The White House also released an official statement along with the memorandum. Among the benefits made available are use of sick leave to care for their domestic partners or their partners' children; coverage of partners under long-term care insurance; and providing equal treatment for partners of American Foreign Service officers in use of medial facilities and visitation rights in case of an emergency. He also called for the Office of Personnel Management to conduct further reviews of possible benefits and of non-discrimination provisions.

Obama indicated that current federal law precludes him from going further by executive action, but announced his support for the Domestic Partners Benefits and Obligations Act that would extend the full range of benefits-- including health care and retirement benefits--to same-sex couples as are enjoyed by married heterosexual couples. Not surprisingly, a number of conservative Christian groups, as in a press release from the Family Research Council, have criticized the President's action. Dan Gilgoff reports that they contend the Memorandum essentially elevates same-sex partnerships to a status that approximates marriage, in violation of at least the spirit of the federal Defense of Marriage Act.

Padilla Suit Against Yoo Includes RFRA Claim

Last week, in a decision widely reported in the press and blogosphere (AP, Consitutional Law Prof Blog), a California federal district court held that convicted terrorist Jose Padilla can sue former Deputy Attorney General-- now law professor-- John Yoo for drafting legal memos justifying the detention and interrogation of enemy combatants. Padilla alleges that the memos led to his being tortured. Less widely reported, however, was the fact that in Padilla v. Yoo, (ND CA, June 12, 2009), the court also held that Padilla can move ahead on a claim under the Religious Freedom Restoration Act. Padilla alleged that among the interrogation tactics used against him were the "sudden and unexplained removal of religious items," the "denial of any mechanism to tell time in order to ascertain the time for prayer in keeping with the Muslim practice," and "denial of access to the Koran for most of his detention." The court held that RFRA permits individual capacity suits for money damages against federal officials.

Christian Group Sues For Free Access To Arab Festival In Michigan

Arabic Christian Perspective, a group whose goal is to convert Muslims to Christianity, has filed a federal civil rights lawsuit against the Dearborn (MI) police department which has told the group that its members cannot pass out handbills by walking freely through the 4 to 5 block Dearborn Arab International Festival that will be held this weekend. Yesterday's Detroit News reported that the group wanted its 90 volunteers to have unlimited access. Organizers of the Festival say that the group is welcome to rent a booth, but that safety is impaired if large numbers of people move throughout the festival handing out flyers. Arabic Christian Perspective says that it has a constitutional right to use public sidewalks in the Festival area to give out the flyers.

UPDATE: Here is the complaint in Arabic Christian Perspective v. City of Dearborn, (ED MI, filed 6/16/2009). On Thursday, the court refused to grant a temporary restraining order to prevent Dearborn from restricting ACP and its founder Pastor George Saieg from passing out Christian literature at the Festival. (Right Side News). The Detroit News on Thursday reports that ACP will still be able to have a presence at the Festival at a fixed location, like other groups. ACP's attorney said the group will continue to pursue the case, even though the denial of the TRO effectively settles the issue for this year.

Court Dismisses Claims Against Church Members Who Picketed Strip Club

Yesterday's Coshocton (OH) Tribune reports that an Ohio federal court judge has dismissed a lawsuit filed by the Foxhole strip club against New Beginnings Ministries. Foxhole, located near New Castle, Ohio, has been picketed since 2007 by New Beginnings members who blocked the club's driveway entrance, blocked patrons and employees from entering, surrounded customers' cars to prevent them from entering, photographed patrons and employees, and threatened patrons with adverse consequences. New Beginnings has claimed that these activities were protected speech, assembly and religious exercise. The suit also charges that Sheriff Timothy Rogers failed to protect the club. Apparently the court found that the public right-of-way outside the club goes up to the building, undercutting Foxhole's charges that church members entered and refused to leave its private property. Counterclaims by the church are still pending.

Michigan Supreme Court Adopts Rule Allowing Trial Judges To Order Removal of Face Coverings

According to the Detroit Free Press, the Michigan Supreme Court yesterday, by a vote of 5-2, adopted a rule that permits trial judges to decide whether to require witnesses to remove head coverings or face veils. The rule was proposed after a controversy over a small claims court judge who dismissed a Muslim plaintiff's case when she refused to remove her niqab while testifying. (See prior posting.) The rule was proposed (full text) as an amendment to the Rules of Evidence, and provides : "The court shall exercise reasonable control over the appearance of parties and witnesses so as to (1) ensure that the demeanor of such persons may be observed and assessed by the fact-finder, and (2) to ensure the accurate identification of such persons." Volokh Conspiracy also discusses the amendment.

Suit Challenges Academic Credit For Released Time Religious Instruction

In Spartanburg, South Carolina, parents of two high schoolers and the Freedom from Religion Foundation (FFRF) have filed suit in federal court challenging the constitutionality of Spartanburg High School's offering academic credit for religious released-time instruction. The complaint (full text) in Moss v. Spartanburg County School District ) No. 7, (D SC, filed 6/17/2009), alleges that the school's implementation of its Released Time for Religious Instruction Policy, adopted pursuant to South Carolina's 2006 Released Time Credit Act, violates the Establishment Clause. The statute provides that in awarding academic credit, the course must meet the same secular criteria used for awarding transfer credit. The complaint alleges that the course offered to students-- taught by a private group, the South Carolina Bible Education in School Time-- is evangelical, sectarian and proselytizing in its content. FFRF yesterday issued a press release announcing the filing of the lawsuit.

PBS Will Enforce Rule Against Purely Religious Broadcasts

The Board of PBS has decided to begin enforcing a rule that has been on its books since 1985 that prohibits its public television affiliates from carrying purely religious programming. Fox News yesterday reported that the decision will not force six PBS stations that currently carry sectarian programming to end their current coverage, but no new religious shows can be aired by them and none of the 350 other stations can air shows with purely religious content. Thus the Mass for Shut-Ins broadcast by New Orleans and Denver affiliates can continue, as can Mormon devotionals on Brigham Young University's PBS station. All stations can still air documentaries on religious topics as well as newsworthy religions services such as a Papal Mass. Federal law does not bar religious programming on PBS, but network officials are concerned about the appearance of endorsement.

India Fails To Approve Visas For USCIRF Delegation

Reflecting the complicated politics involved in both countries, the Indian government has failed to approve visas for members of the U.S. Commission on International Religious Freedom who were supposed to visit the country beginning June 12. Today's India Times reports that Indian officials denied that the failure to issue visas was related to statements made earlier this month by Hindu leader, Shankaracharya Jayendra Sarawati. (See prior posting.) However the Indian government does feel that a high profile visit, approved by the Indian government, would be inappropriate at this time. USCIRF has criticized violence against religious minorities in India. Meanwhile, the Obama administration is apparently not eager for the USCIRF trip to take place either. Most of the USCIRF commissioners and staff are holdover appointees from the Bush administration, and the timing of the trip overlapped with a planned visit to India by US Undersecretary of State William Burns who will be laying the groundwork for a visit to India by Secretary of State Hillary Clinton.

Suit Dismissed After University Changes Policy On Outside Speakers

After the 6th Circuit last year reversed a trial court's dismissal of a claim against Ohio's Miami University challenging its policy on access for outside speakers (see prior posting), the University changed it speaker policy and the parties have now settled the lawsuit . A Stipulation of Dismissal (full text) has been entered. Along with the dismissal in Gilles v. Hodge, (SD OH, June 15, 2009), Miami University filed a letter it had issued to evangelist James Gilles indicating that he-- like others who have not been invited by a student group-- may preach and hand out literature on certain sidewalks on campus, but elsewhere on campus may only engage in consensual personal conversation with individuals. Alliance Defense Fund issued a release Monday applauding the change in University policy on access by outside speakers.

In Britain, Jewish Couple Sues Over Light Sensors In Hallway On Sabbath

Today's London Mail reports on an unusual religious discrimination lawsuit filed by an Orthodox Jewish couple in the British coastal resort town of Bournemouth. Dr. Dena Coleman, a head teacher at an Orthodox Jewish school in London and her husband Gordon, who purchased a vacation apartment in a building in the town in 2003, object to the motion-sensing light switch that the management company of their building placed in communal hallways six months ago. The Colemans complain that the sensor forces them to be prisoners in their own apartment on the Sabbath, since triggering the lights during the Sabbath by walking into the hallway violates their religious beliefs. The Colemans have offered to pay for an override switch to disable the sensors during the Sabbath, but the management company and other residents object. They say the switches save electricity costs and prevent heat damage to light fittings. In response, the Colemans filed suit alleging that failure to accommodate their beliefs amounts to religious discrimination and a violation of the Equality Act 2006 and Human Rights Act 1998. They also say that when they bought their apartment, they were assured that motion sensors would not be installed. [Thanks to Steven H. Sholk for the lead.]

UPDATE: Totally Jewish.com reported on Thursday that the directors of the management company have decided to install an override switch to meet the Colemans' objections. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Protesters Object To New York MTA Rule Requiring Logos On Religious Headwear

A rally organized yesterday by the Sikh coalition protested the policy of New York City's MTA that allows uniformed workers wear turbans or Muslim head scarves, but only if they are blue and feature the MTA logo. NY1 News reports that elected officials and MTA workers joined the rally. Activists argue that it is offensive to Sikh and Muslim workers to require them to brand their sacred space with a corporate logo. MTA responded saying: "standardized uniforms assist our customers in quickly identifying employees if they need emergency assistance or just travel directions."

ACLU Report Says War on Terrorism Financing Infringes Muslims' Religious Freedom

Yesterday the ACLU issued a 166-page report titled Blocking Faith, Freezing Charity: Chilling Muslim Charitable Giving in the "War on Terrorism Financing." A press release accompanying the Report summarizes its findings:

U.S. terrorism finance laws and policies unfairly prevent Muslim Americans from practicing their religion through charitable giving, create a climate of fear and distrust in law enforcement and undermine America's diplomatic efforts in Muslim countries.... "Without notice and through the use of secret evidence and opaque procedures, the Treasury Department has effectively closed down seven U.S.-based Muslim charities, including several of the nation's largest Muslim charities," said Jennifer Turner, a researcher with the ACLU Human Rights Program and author of the report....

"Widespread intimidation of Muslim donors and the arbitrary blacklisting of charitable organizations trample on Muslims' free exercise of religion through charitable giving and tarnish America's reputation as a beacon of religious freedom," said Turner. "...[U]nless the Obama administration takes action, this legacy of the Bush administration will persist."

The ACLU has also posted a number of resources, including a video showing some of those affected, to supplement the report.

Court Rejects Selective Prosecution Claim In Faith Healing Death of Young Girl

In Oregon City, Oregon, a state trial court judge has rejected a motion by Carl and Raylene Worthington that second-degree manslaughter and criminal mistreatment charges against them be dismissed. Yesterday's Oregon City News reports that the parents are being prosecuted in the death of their 15-month old daughter, Ava, after they failed to seek medical treatment for her because they believe in faith healing. Ava died of bronchial pneumonia and a blood infection. The Worthingtons argued that they were being treated differently because of their Followers of Christ religion, saying that there had been six other cases in the county where children died from apparent negligence, but their parents were not charged. Ruling at a pre-trial hearing, Judge Steven Maurer said that the facts and legal principles in the other cases were vastly different from this one.

Utah AG Files Proposed Settlement of UEP Trust Litigation

Yesterday Utah Attorney General Mark Shurtleff filed a Report of Proposed Settlement and Plan of Distribution in a Utah trial court. The proposal and accompanying Letter of Intent (Word.doc) are designed to end the litigation to reform the UEP Trust that holds property of the Fundamentalist Latter Day Saints Church. (See prior posting.) The Report says:

The Proposed Settlement reflects the general terms that the Utah AG finds to be acceptable and in the best interest of the Reformed Trust. At this point, no other party has officially agreed to the terms. However, it does reflect many points acceptable by Trust Participants who align themselves with the Fundamentalist Church of Jesus Christ of Latter-Day Saints, (the “FLDS”).

Today's Dallas Morning News summarizes the proposal:

The letter of intent proposes dividing undeveloped land south of the twin towns, with 60 acres going to the FLDS. Another portion of the land would be subdivided into 50 lots to be distributed to former church members who could prove a legitimate claim to trust assets. Existing residential properties would also be divided under a plan that would allow for both individual property deeds and the retention of larger, communal swaths of land.

The proposal calls for the establishment of a housing panel to decide property claims. Its members would include individuals proposed by both the FLDS and an existing court-appointed advisory board. The proposal also calls for the removal of Bruce Wisan, the court-appointed fiduciary who has managed the trust since 2005, and for the appointment of a new fiduciary to execute the settlement over a period of about one year.

The proposal also calls for the cemetery to go to the FLDS Church, to be administered by the Bishop. However 200 graves are to be set aside for non-FLDS members.

Court Says Defamation Suit Against Fellow Church Members Can Proceed

In West v. Wadlington, (IN Ct. App., June 10, 2009), the Indiana Court of Appeals reversed a trial court's dismissal of defamation and invasion of privacy claims brought by Rosayln West, a member of the Mt. Olive Missionary Baptist Church in Indianapolis, against two other church members. The suit involves a long e-mail about West that one of the defendants-- Betty Wadlington-- wrote and the other--Jeanette Larkin-- circulated to 89 other members of the Church's "Women of Faith" group. Larkin used her work e-mail-- the Indianapolis police department (also named as a defendant)-- to forward the allegedly defamatory material. The court rejected defendants' claim that adjudicating the matter would require the court to determine matters of religious doctrine. It concluded: "We agree with West that several statements in the letter could be viewed as defamatory without requiring a court to determine any religious questions." One of the statement's in the letter was that West had an "evil spirit." The court concluded that this posed the closest case, but that evil has a secular as well as a religious meaning. Yesterday's Courthouse News Service reports on the decision.

Communist Party USA Creates New Religion Commission

According to a report yesterday by the People's Weekly World Newspaper, the Communist Party USA has created a new Religion Commission to reach out to individuals and organizations and to "welcome people of faith into the party." The Commission is headed by Tim Yeager, a Chicago trade unionist and a member of the Episcopal Church. Yeager said that many incorrectly assume that all Communists are atheists, or that the Party requires members to be atheists. He says that this is not true and religious people are welcome to join. The Commission's goal in part is to share the Party's views on the religious aspects of current struggles and to discuss "the relationships, contradictions and commonalities among science, Marxism and religion."

DC Elections Board Rejects Referendum On Recognition of Same-Sex Marriages From Elsewhere

Last month, the D.C. City Council, over the opposition of local ministers and others, passed an ordinance recognizing same-sex marriages performed elsewhere. (See prior posting.) Bishop Harry Jackson of Hope Christian Church in Beltsville (MD) led a group of largely African-American clergy seeking to place a referendum on the new law before D.C. voters. The Washington Post reported yesterday that the D.C. Board of Elections & Ethics has ruled the referendum illegal because under D.C. law no referendum can be used to authorized discrimination that is prohibited by the D.C. Human Rights Act.

The Board, in In re Referendum Concerning the Jury and Marriage Amendment Act of 2009, (DC Bd. Elec., June 15, 2009), ruled that: "The Council has, through the Act, expressed its determination to clearly state that discrimination against same-sex couples who are validly married elsewhere is prohibited. Simply stated, the Act means that the HRA now requires the District government and all public accommodations, inter alia, to refrain from discriminating against same-sex couples who are validly married elsewhere." The Board has also posted online the full text of legal comments it received on the proposed referendum.

UPDATE: On Wednesday, on behalf of several D.C. voters, the Alliance Defense Fund filed an appeal of the decision by the Board of Elections & Ethics. (Press release.) The complaint (full text) in Jackson v. D.C. Board of Elections & Ethics, (DC Super. Ct., filed 6/18/2009), claims that the "refusal to afford same-sex couples the status of 'marriage' does not run afoul of the DC-HRA."

Rebels Say Philippine Army Is Using Mosques As Military Camps

In the Philippines, the army last August resumed its 40 year battle against the Moro Islamic Islamic Liberation Front (MILF) in oil and gas-rich areas in the southern Philippines. The fighting resumed after the Philippine Supreme Court declared a Memorandum of Agreement between the parties illegal. (Background.) Yesterday World Bulletin reported that the MILF called on the army to stop using mosques as military camps as it is doing in the town of Datu Piang in Maguindanao. The MILF's statement said that converting mosques into military camps offends the sensibilities of Muslims and is a "grave violation of international humanitarian law."

Defaults On Sharia-Compliant Bonds Create New Legal Issues

Today's Wall Street Journal reports that new legal problems face U.S. bankruptcy judges as for the first time two issues of Sharia-compliant bonds have defaulted. A case in bankruptcy court in Louisiana,--proceedings against energy firm East Cameron Partners LP-- has become the test case. The problem is how to apply Western legal principles to instruments issued under Islamic law. Sukuk bonds avoid the Islamic ban on interest by being structured as a sale-repurchase arrangement. In the East Cameron Partners bankruptcy, bankruptcy judge Robert Summerhays ruled that purchasers of the Sukuk certificates issued by a special purpose entity relied on the fact that they were becoming owners of royalty interests transferred to the entity. East Cameron had argued that Sukuk holders were merely lending money secured by the royalties-- and thus other creditors also had an interest in the royalties.

Entertainment Reporter Will Sue, Saying He Was Fired To Satisfy Scientologists

Today's London Independent reports that in Los Angeles, entertainment journalist Roger Friedman says he plans to sue Fox News that fired him in April. Friedman, who has been a longstanding critic of the Church of Scientology, claims that Fox fired him in order to get actors Tom Cruise and John Travolta-- both adherents of Scientology-- to sign onto future movie projects. Cruise and Travolta say that Friedman was dismissed for writing a blog column encouraging the download of an illegally pirated version of the 20th Century movie "X-Men Origins: Wolverine." Friedman says that was a pretext.

City Prosecutor Sues Youngstown for Employment Discrimination

In Youngstown, Ohio, a Muslim prosecutor in the Youngstown Law Department has filed a federal lawsuit alleging religious discrimination and failure to accommodate his need to attend Friday mosque services. In Ally v. City of Youngstown, (ND OH, filed 5/18/09), (full text of complaint), plaintiff Bassil Ally claims that for two years he was permitted to attend mosque services by being assigned to a courtroom that never met on Friday afternoons. In 2007, fellow prosecutors began to complain that Ally was receiving preferential treatment. He was also subjected to derogatory comments from fellow workers regarding his religion and national origin. Ally was placed on administrative leave after he went to mosque rather than attend a meeting of prosecutors scheduled by the City Prosecutor at a conflicting time. He was reinstated after he filed a complaint with the Ohio Civil Rights Commission, but then, he alleges, he was harassed and humiliated, and was ultimately reassigned to a courtroom that met regularly on Friday afternoons. The complaint alleges discrimination, retaliation,harassment and hostile work environment in violation of state and federal law. Defendant's answer (full text) denies all the allegations and asserts a broad range of affirmative defenses. The Youngstown Vindicator reported on the case yesterday.

China Cancels Licenses of 21 Human Rights Lawyers

ChinaAid today says that the government of China has cancelled or refused to renew the licenses of at least 21 human rights attorneys. Many of the attorneys involved have worked on religious freedom cases in China. Human rights attorneys in China have taken the unusual step of requesting international pressure against the government.

Chemotherapy Helping Boy Whose Religious Objections Were Rejected By Court

According to the Mankato (MN) Free Press the court-ordered chemotherapy being administered to 13-year old Daniel Hauser has shrunk his tumor, indicating that it has not become resistant to chemotherapy. However it is still too early to determine his longer term prognosis. In a high profile case, a Minnesota court rejected the religious objections of Daniel and his mother to chemotherapy treatment for the boy's Hodgkin's lymphoma. (See prior posting.) The paper reports that Daniel is still "very angry" about receiving chemotherapy, and attributes lessening of certain side effects to the use of natural therapies arranged by his mother. A family spokesman said those natural therapies were also responsible for the chemotherapy working.

Egyptian Court Refuses To Recognize Conversion of Muslim To Christianity

In Egypt on Saturday, Cairo's Administrative Court refused to order that Maher al-Moatassem Bellah al-Gohary be issued a new identification card recognizing his conversion to Christianity and his Christian name, Peter Ethnasios. AINA reports that al-Gohary converted to Christianity 34 years ago, but did not petition the court for governmental recognition until last year after Egypt's Coptic Church issued him a baptism certificate confirming his original conversion in Cyprus. While in the past Egyptian courts have recognized reconversion of Coptic Christians who converted to Islam and then converted back, it has never recognized the conversion to Christianity of someone who was born a Muslim.

Recent Articles of Interest

From SSRN:

• Patrick McKinley Brennan, The Place of 'Higher Law' in the Quotidian Practice of Law: Herein of Practical Reason, Natural Law, Natural Rights, and Sex Toys, (Georgetown Journal of Law & Public Policy, Forthcoming).
• Bailey H. Kuklin, The Natures of Universal Moralities, (Brooklyn Law Review, Forthcoming).
• Preston C. Green & Joseph Oluwole, Hein v. Freedom from Religion Foundation and Taxpayer Standing, (Wayne Law Review, Vol. 54, No. 3, 2008).

From SmartCILP:

• Scott Atran & Robert Axelrod, Reframing Sacred Values, 24 Negotiation Journal 221-246 (2008).
• John R. Dorocak, The Income Tax Exclusion of the Housing Allowance for Ministers of the Gospel per I.R.C. Section 107: First Amendment Establishment of Religion or Free Exercise Thereof--Where Should the Warren Court Have Gone?, 54 South Dakota Law Review 233-252 (2009).
• Stephen P. Halbrook, "Arms in the Hands of the Jews are a Danger to Public Safety": Nazism, Firearm Registration, and the Night of the Broken Glass, 21 St. Thomas Law Review 109-141 (2009).
• Andrew S. Mansfield, Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Filed by Religious Organizations, 7 Cardozo Public Law Policy & Ethics Journal 343-394 (2009).
• Eugene R. Milhizer, So Help Me Allah: An Historical and Prudential Analysis of Oaths as Applied to the Current Controversy of the Bible and Quran in Oath Practices in America, 70 Ohio State Law Journal 1-71 (2009).
• A David Pardo, Judicial Discretion in Talmudic Times and the Modern Era, 7 Cardozo Public Law, Policy & Ethics Journal 429-454 (2009).
• Steven D. Smith, Discourse in the Dusk: The Twilight of Religious Freedom?, (Reviewing Kent Greenawalt, Religion and the Constitution--Volume 2: Establishment and Fairness.) 122 Harvard Law Review. 1869-1907 (2009).

Texas Board of Education Appoints Social Science Review Panel-- Half Christian Conservatives

According to Dan Quinn of the Texas Freedom Network, writing last week at Talk to Action, the Texas State Board of Education has now made public the entire panel of experts it has appointed to review the state's social studies curriculum. It is evenly divided between mainstream academics and Christian religious conservatives. The academics are Prof. James Kracht of Texas A&M, Prof. Jesus Francisco de la Teja of Texas State University- San Marcos and Prof. Lybeth Hodges of Texas Woman's University. The three religious conservatives, all of whom apparently reject notions of separation of church and state, are Rev. David Barton of WallBuilders, Rev. Peter Marshall who runs Peter Marshall Ministries, and Prof. Daniel Dreisbach of American University in Washington, D.C. The panel is charged with reporting back to the Board by June 29. The panel will also review the work of teams of teachers and others working on revision,s, in anticipation of Board action next year. [Thanks to Scott Mange for the lead.]

Faith-Based Critic Joins White House Task Force Looking At Reform

Interfaith Alliance president Welton Gaddy--a critic of the White House's faith-based office-- has been invited to become a member of the White House Task Force that is studying ways to reform the Office on Faith-Based and Neighborhood Partnerships. Dan Gilgoff (US News) interviewed Gaddy, who said in part:

I have thought all along it would be best not to have such an office, and I still have that opinion. But if there's going to be an office, I want to do everything I can to see that it is constitutional in nature and that it operates both legally and in the spirit of protecting the First Amendment's historic separation between religious institutions and government institutions.... [R]eligious organizations that receive federal funds should, at minimum, establish separate 501c3 [nonprofit] organizations as a firewall of protection both for religion on the one hand and government on the other.

[Thanks to Don Byrd for the lead.]

Permanent Injunction Issued To Protect Christian Gay Pride Protesters

Last year a Missouri federal district court issued a preliminary injunction preventing enforcement of a St. Louis city ordinance that prohibits distribution of literature in public parks. The lawsuit was brought by a Christian ministry and individuals connected with who who were prevented from handing out religious literature and expressing religious beliefs during the 2006 gay pride festival. (See prior posting.) Now, in time for this year's Gay Pride festival to be held June 27-28, the parties have agreed to convert the preliminary injunction into a permanent injunction. In Apple of His Eye Inc. v. City of St. Louis, Missouri, (ED MO, June 11, 2009), the court enjoined any total ban on distribution of literature in public parks and ordered city officials to meet with PrideFest organizers to tell them that a total ban will not be enforced. It also enjoined enforcement of provisions that made distributors responsible for proper disposal of handbills. However the city may enforce its content-neutral ordinances that bar placing handbills on vehicles and impeding pedestrian or vehicular traffic, and may enforce its nighttime park curfew. Alliance Defense Fund issued a release announcing the decision.

Diocese Seeks Reconsideration of Court Order To Release Documents

According to the New York Times, on Friday the Roman Catholic Diocese of Bridgeport asked the Connecticut Supreme Court to reconsider its 4-1 decision from last month ordering the release some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) The Diocese asks for all 7 justices to reconsider the order, arguing that the ordered release violates its First Amendment free exercise rights as well as the privacy rights of many named in the documents. The Diocese also argues that the trial judge who originally ruled in the case should have recused himself because of his work on a panel studying the release of public records. Also on the panel was a Hartford Courant reporter. The Courant was one of four newspapers that brought the suit seeking release of the clergy-abuse records.

3 Cases From South Asia Involve Killing of Christians

From South Asia comes three stories of murder of Christians impelled by religious fanaticism. In Kathmandu, Nepal, police have arrested 27-year old Sita Shrestha. Bos News today reports that the woman confessed to planting a bomb in the Church of the Assumption, a Roman Catholic Church near Kathmandu, on May 23. The blast killed three people and wounded over a dozen others. Shrestha was inspired by the extremist Nepal Defence Army that aims to expel non-Hindus from Nepal and make Hinudism the country's official religion.

Worthy News yesterday reported on an incident in Pakistan's Punjab province. A Christian bus passenger, Ishtiaq Masih, was beaten to death by the owner and employees of a roadside tea stand in the village of Machharkay where the bus had stopped for a rest room break. A sign at the Makah Tea Stall proclaimed, under threat of "dire consequences," that: "All non-Muslims should introduce their faith prior to ordering tea. This tea stall serves Muslims only." Apparently Masih did not notice the sign when he ordered his tea. However the owner, 42 year old fundamentalist Muslim Mubarak Ali, saw that Masih was wearing a necklace with a cross.

Again from rural Punjaab Province In Pakistan, Digital Journal today reports on the kidnappping, torture and murder of 28-year old Tariq "Litto" Mashi Ghauri, a Christian University student, who was found in a compromising position with his Muslim girlfriend, Shazi Cheema. Cheema's three brothers told Ghauri to convert to Islam and marry their sister. Ghauri agreed to the marriage, but refused to convert.

Time Profiles Public Opinion About Mormons

The June 22 issue of Time Magazine carries an article titled The Storm Over the Mormons. Here is an excerpt:

The passage of [California's] Prop 8 was the church's latest display of its power: individual Mormons contributed half of the proposition's $40 million war chest despite constituting only 2% of California's population. LDS spokesman Michael Otterson says, "This is a moment of emergence."

But that emergence has its costs. Even as Mormons have become more prominent, they have struggled to overcome lingering prejudices and misrepresentations about the sources of their beliefs. Polls suggest that up to half of Americans would be uncomfortable with a Mormon President.... The LDS ... sees itself as primarily apolitical; on issues on which it has taken a stand, the church's positions have been roughly consistent with other conservative faiths. But Mormon activism, when it occurs, does differ from the American norm in significant ways, because of both the dominating role played by LDS President and Prophet Thomas Monson and the church's remarkable electoral cohesion.

Hindu Leader Opposes Planned USCIRF Trip To India

The U.S. Commission on International Religious Freedom is planning to visit India this month, with a particular focus on past violence against Christians in the state of Orissa and Hindu-Muslim violence in Gujarat in 2002. Christians have welcomed the upcoming visit. (Asia News, 5/4.) However a report today by the Sakaal Times says that Hindu religious leader Shankaracharya Jayendra Saraswati has told reporters he opposes the USCIRF visit:

We will not allow interference in our internal religious affairs by external bodies. We see US Commission on Internal Religious Freedom (USCIRF) as an intrusive mechanism of a foreign government which is interfering with the internal affairs of India.

Recent Prisoner Free Exercise Cases

In Soder v. Williamson, (3d Cir., June 5, 2009), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a prisoner's lawsuit that alleged, among other things, that his free exercise rights were violated when he had to wait 24 days for a chest x-ray after refusing for religious reasons to have a TB test by injection.

In Hudson v. Radtke, 2009 U.S. Dist. LEXIS 47453 (WD WI, June 5, 2009), a Wisconsin federal district court held that plaintiff failed to show that prison authorities substantially burdened his free exercise of religion by failing to return two books, The Noble Quran and Two Faces of Islam, to him.

In McCord v. Hompe, 2009 U.S. Dist. LEXIS 47450 (WD WI, June 5, 2009), a Wisconsin federal district court dismissed plaintiff's complaint that the segregation library at the Stanley Correctional Institution has no books on the Wiccan religion . It held that plaintiff presented no current case or controversy because he had been moved to a different prison facility.

In a lengthy opinion in Burke v. North Dakota Department of Corrections & Rehabilitation, 2009 U.S. Dist. LEXIS 47957 (D ND, June 5, 2009), a North Dakota federal district court rejected free exercise and religious discrimination claims by a shaivite Hindu who was in prison after murder and arson convictions. Prisoner Dale Burke claimed that prison authorities reduced the time for Hindu worship services from two to one hour per week, eliminating services on Thursdays; denied him certain items that are essential parts of Hindu worship; and failed to find an outside volunteer to help Burke study his religion.

In McReaken v. Schriro, 2009 U.S. Dist. LEXIS 48292 (D AZ, May 26, 2009), an Arizona federal district court permitted plaintiff to move ahead with his claim that his Multi-Faith group's religious ceremonies were frequently interrupted by security staff and that they had to be held in an open recreation yard. Plaintiff alleged that prison policies gave more favorable treatment to Native American ceremonies than to other non-Christian groups.

Spain Considering Creating Religiously Neutral Public Spaces

CNA reported last week that Spain's ruling Socialist government is considering eliminating religious symbols in military barracks, hospitals, jails and public schools, as well as during State funerals or inauguration ceremonies for public officials. Minister of Justice Francisco Caamano suggested the move as part of an attempt to create "religiously neutral public spaces."

Rev. Wright Apologizes For Remarks About Jews

The Washington Post reports that Rev. Jeremiah Wright says he misspoke Wednesday (see prior posting) when he referred to "them Jews" who, he charged, blocked his access to President Barack Obama. He says he meant to refer to Zionists. He apologized, saying he meant no ill-will to the Obama administration or the American Jewish community. He says he is disturbed that his comments have resurfaced the debate about his relationship with the President.

Belarus Continues To Act Against Unregistered Churches

Forum 18 yesterday reported on the ongoing battles between the government and unregistered churches in Belarus. The Council of Churches Baptist refuses to accept registration requirements. Baptist Nikolai Poleshchuk was fined the equivalent of $745 (US) for running a Christian street library-- apparently the largest fine yet imposed for this type of violation. Another defendant received a warning from the court. Meanwhile the Belarus Supreme Court amended an earlier lower court order requiring Christian literature seized from Poleshchuk's street library destroyed. Instead it ordered that the literature be handed over to the state.

Obama's Former Pastor Says Jews, AIPAC Have Too Much Influence Over President

The Newport News (VA) Daily Press yesterday reported on a short, but controversial, interview by one of its reporters with Barack Obama's former pastor, Rev. Jeremiah Wright. Obama publicly broke with Wright and his Trinity United Church Of Christ in May 2008 after he earlier criticized remarks made by Wright. Asked yesterday if he had spoken with Obama since the election, Wright said: " Them Jews ain't going to let him talk to me. I told my baby daughter that he'll talk to me in five years when he's a lame duck, or in eight years when he's out of office. ..." Wright also blamed Jews and AIPAC for Obama's decision not to send a delegate to the Durban Review Conference, and called Israel's actions in Gaza "ethnic cleansing."

Indiana Church Wins Tax Exemption Appeal

St. George Serbian Orthodox Church in Schererville, Indiana has prevailed in the Indiana Tax Court in its attempt to obtain a religious purposes tax exemption for a Cultural Center it built in 2001. In Lake County Property Tax Assessment Board of Appeals v. St. George Serbian Orthodox Church, (IN Tax Ct., May 7, 2009), the court rejected the county's contention that the facility is merely a banquet hall. Evidence showed the Cultural Center was used for religious purposes 63% of the time. In a companion decision, St. George Serbian Orthodox Church v. Lake County Property Tax Assessment Board of Appeals, (IN Tax Ct., May 7, 2009), the Indiana Tax Court held that a non-code statutory provision, apparently enacted solely to apply to St. George's case, cured any questions of the timeliness of St. George's application for an exemption. Today's Gary (IN) Post Tribune reports that taxes, penalties and fees totalling $470,599 were at issue in the case for the 3-year period covered by the decisions.

Texas Court Finds No Jurisdicion In Defamation Suit Against Church and Its Pastor

In In re Rick Godwin, (TX Ct. App., June 10, 2009), a Texas state appellate court applied the ecclesiastical abstention doctrine to find that civil courts lack jurisdiction over actions for defamation, intentional infliction of emotional distress and fraud brought by a former member of Eagle's Nest Christian Fellowship Church against the church and its pastor Rick Godwin. Plaintiff Larry Nail had been a member and generous donor to the church. He began to criticize the church's financial expenditures. He resigned over the matter and began urging others to do the same. In response, Godwin read from the pulpit a statement drafted by him and the church's Board of Elders defending the church and accusing Nail of bribing members to leave the church. The court concluded that reading of the statement involved maters of internal church discipline and governance, and that Nail's challenge to the manner that church funds were spent would involve the court in an impermissible inquiry into religious doctrines and practices.

Today's San Antonio Express-News reports on the decision. The paper had previously detailed the alleged improper expenditures by the church, which included charter jet travel, expensive gifts and luxury hotel stays for Godwin, his wife and associates, some of whom set his compensation. Subsequently Godwin says he paid back personal expenses and changed church financial policies with the advice of a law firm. (See prior related posting.)

California Court Says Episcopal Church Owns Break-Away Parish's Property

In Huber v. Jackson, (CA Ct. App., June 9, 2009), a California appellate court held that the Episcopal Church and its Diocese of Los Angeles are the owners of the property of St. Luke's parish. The congregants of St. Luke's voted in 2006 to break away from the Episcopal Church and affiliate with the more conservative Anglican Church of Uganda. Applying "neutral principles" of law (as required by a recent California Supreme Court decision), the court found that St. Luke's had agreed to be bound by the governing documents of the Episcopal church, and this includes Canon I.7.4 which provides that all parish property is held in trust for the national church and its diocese:

as a matter of law that when defendants voted for disaffiliation, they denounced their prior promises to be subject to the governing documents of the national church and the diocese, abandoned their membership in the corporation, and lost the power and authority to be directors of the corporation, as they were no longer members in good standing of the Episcopal Church. Thus, their purported amendment of the articles of incorporation and bylaws to make the corporation part of the Anglican Church were a legal nullity, or ultra vires.

The court also rejected the argument that a 1981 decision collaterally estopped the Episcopal Church from asserting title to parish property.

House Subcommittee Holds Hearings On China's Persecution of Uighurs

Yesterday, the House Foreign Affairs Committee, Subcommittee held a hearing on on International Organizations, Human Rights and Oversight held hearings on "The Uighurs: A History of Persecution." Uighus are Muslims who live in China's East Turkestan, and have been the subject of cultural and religious oppression by the Chinese Communists. The full text of opening statements by Rep. Bill Delahunt's (D-MA) and Rep. Dana Rohrabacher's (R-CA) are available online, as are the prepared statements by Ms. Felice D. Gaer, Chair of the U.S. Commission on International Religious Freedom; Ms. Kara Miriam Abramson, Advocacy Director, Congressional-Executive Commission on China; Mrs. Rebiya Kadeer, World Uyghur Congress; and Mr. Nury Turkel, Uighur Rights Activist and Attorney. The hearings came just as the nation of Palau announced that it would allow the 17 Chinese Muslim Uighurs now being held at Guantanamo Bay to "temporarily resettle" in Palau. (New York Times.)

Idaho Group Circulating Petition To Get Vote On Bible Course In Schools

In Idaho, a group calling itself Our Godly American Heritage is circulating an initiative petition seeking to get a proposed state constitutional amendment on the ballot. Tuesday's Idaho Statesman reports that the "Initiative Allowing School Boards to Permit the Bible to be Studied as Literature and for its Influence on History" would provide that school boards could offer elective non-doctrinal classes that focus on the Bible. Backers need 51,000 signatures to get the proposal on the ballot.

Ohio Science Teacher Sues School Board For Religious Discrimination

Mt. Vernon, Ohio science teacher, John Freshwater, has filed a federal civil rights lawsuit against the city school district's board of education and various school officials, alleging that attempts to fire him were prompted by the fact that he kept his personal Bible on his desk. The 16-count complaint (full text) in Freshwater v. Mount Vernon City School District Board of Education, (SD OH, filed 6/10/2009) was filed just as the June 18-19 administrative hearing on Freshwater's termination approaches. Yesterday's Mount Vernon News reports on the lawsuit filed by the middle school teacher, indicating that he is seeking $500,000 compensatory damages and $500,000 punitive damages.

The Board last year voted to dismiss Freshwater after a report by a consulting firm concluded that he taught creationism or intelligent design in class, told his class that anyone who is gay is a sinner, improperly used an electrostatic device to put a cross on the arm of a student, was excessively involved in the school's Fellowship of Christian Athletes and was insubordinate in failing to remove religious materials when ordered to do so by his principal. (See prior posting.) Freshwater's lawsuit alleges that the Board's action amounted to religious discrimination and a denial of procedural due process. The complaint also alleges a number of other causes of action, including defamation and breach of contract.

Singapore Court Sentences Christian Couple To 8 Weeks In Jail For Distributing Gospel Tracts

Both the Taiwan News and the Straits Times today report on the 8-week jail sentence imposed by a court in Singapore on a Christian couple convicted last month in the country's first full trial under the Sedition Act. Ong Kian Cheng and his wife Dorothy Chan Hien Leng were charged with giving copies of Christian publications titled "The Little Bride" and "Who is Allah?" to Muslims who were offended by them. The couple have been distributing Gospel tracts for 20 years. Police found 439 copies of 11 tracts deemed seditious at the couple's condominium. The sentencing judge said that the tracts "have the capacity to undermine and erode the delicate fabric of racial and religious harmony in Singapore."

Shoe Bomber On Prison Hunger Strike Over Religious Restrictions

World Bulletin reports that convicted shoe-bomber Richard Reid, in prison in a Supermax facility in Colorado, is on a hunger strike in protest over alleged refusals to permit him to practice his Islamic faith. Reid, convicted in 2003, has filed a federal lawsuit over prison restrictions and has been refusing food for several weeks. A recently-disclosed court filing indicates that authorities are force-feeding and hydrating Reid.

UPDATE: Reuters (June 10) reports that the Justice Department will not renew the "Special Administrative Measures" imposed on Reid when they expire June 17. Apparently this will then allow him to join group prayer with other Muslim inmates and have access to an imam.

Some German States Resist Jehovah's Witnesses Push For Recognition

Spiegel Online today reports on efforts by the Jehovah's Witnesses in Germany to obtain legal recognition in various German states as a "public law corporation." According to Country Reports. org, this status entitles a religious group "to name prison, hospital and military chaplains, and to levy a tithe (averaging 9 percent of income tax) on its members that the state collects. An estimated 180 religious groups have been granted public law corporation status." Spiegel details efforts in the states of Rhineland-Palatinate, North Rhine-Westphalia and Baden-Württemberg to resist granting this status, which several other states have already granted the group.

Secretary of State Meets With USCIRF Members

On Monday, Secretary of State Hillary Clinton met with the members of the U.S. Commission on International Religious Freedom to receive their 2009 Annual Report (see prior posting) and discuss with them issues of religious freedom and religious expression. Both the State Department's website and that of USCIRF carry the text of Clinton's introductory remarks during which she referred to religious freedom as a core human right and a core American value.

Graduating Class Protests Consent Decree With Lord's Prayer

In early May, a Florida federal district court approved a consent decree in Doe v. School Board for Santa Rosa County, Florida which among other things enjoined school officials from authorizing or including prayers as part of school events, including graduation ceremonies. (See prior posting.) As a result, according to yesterday's Florida Baptist Witness, two previously scheduled student speakers for Pace High School's commencement ceremonies last week were removed from the program, apparently because they intended to offer religious remarks. Monday's Louisville Christian Examiner reports that at the commencement ceremonies, the entire Pace High graduating class protested. Many students wore crosses on their mortar boards, and when the Principal asked everyone at the ceremony to be seated, the graduating class remained standing and recited the Lord’s Prayer. Pace school principal Frank Lay said he is proud of the maturity and kindness seniors displayed in their response.

Muslim Military Chaplains Discuss Their Special Roles

Reuters Faith World yesterday carried an interesting account of a conference held Sunday in Paris at which two Muslim chaplains, one from the U.S. Navy and one from the French National Gendarmerie (which is governed by the Defense Ministry), discussed the special problems dealt with by Muslim imams in military chaplaincy roles. The conference, "Religious Diversity in Everyday Life in France," was sponsored by the U.S.-based Council on International Educational Exchange and the Institute for the Study of Islam and the Societies of the Muslim World in Paris. Among the trickier issues the chaplains face are advice on Ramadan observance while in the military and conscientious objections by Muslim personnel to fighting in Afghanistan. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Unpaid Buddhist Monk Says He Is Not "Employed" For Visa Purposes

The Wall Street Journal today reports on an immigration appeal out of Pamona, California raising the question of whether an unpaid Buddhist monk was "employed" by the Wat Buddhapanya Temple in violation of immigration rules. The monk, a citizen of Thailand, entered the U.S. in 2005 on an R-1 Religious Workers visa. (See prior related posting.) Because of delays in the government ruling on the Temple's application for extension of the R-1 visa and on an application for a green card, Monk Phra Bunphithak Jomthong's visa expired, and the government is seeking to deport him for working without a green card. Jomthong leads daily religious group chants, runs a 24-hour emergency hot line for families and teaches Thai language to the children of immigrants. His attorney argues that while the monk works at his religious labors, he is not "employed" by the Temple because he took an oath of poverty and receives no wages.

AU Complains To IRS About Church's Endorsement of Gubernatorial Candidate

Americans United announced yesterday that it has asked the Internal Revenue Service to investigate whether Richmond, Virginia's Fifth Street Baptist Church violated tax rules relating to non-profits by endorsing a gubernatorial candidate. AU wrote the IRS (full text of letter) calling its attention to a Washington Post article indicating that the church's pastor allowed candidate Brian Moran to speak during church services on June 7, just before the primary election. Some 50 parishioners were in attendance. Rev. F. Todd Gray told the congregation that Moran had the right policy on guns, affirmative action, taxes and jobs. He then added: "I'm not telling you who to vote for. I'm just telling you who I'm voting for. I'm voting for Brian Moran." The candidate was apparently invited to the church by one of its members, Evelyn Morris-Harris, chairwoman of the Democratic Black Caucus of Virginia.

10th Circuit Holds 10 Commandments Monument Violates Establishment Clause

In Green v. Haskell County Board of Commissioners, (10th Cir., June 8, 2009), 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. It concluded that the particular history of this monument-- including the religious motivation of its backers-- meant that a reasonable observer would view the Monument as having the impermissible primary effect of endorsing religion. AP yesterday reported on the decision.

UCLA Changes Policy To Allow Student Reference To Jesus In Graduation Statement

Once again, the unclear line between student speech and government-endorsed speech at graduation exercises has created a high-profile controversy. Tradition at the UCLA Department of Molecular, Cell and Developmental Biology calls for each student to submit a short message ("words of wisdom") that are then read from stage at commencement by a member of the University Administration. Saturday's Christian Post reported that graduating student Christina Popa was told by her faculty advisor that a reference in Popa's statement to "my Lord and Savior Jesus Christ" would be read as "God" during commencement ceremonies, to avoid making some of the diverse audience uncomfortable. Popa objected and began a campaign on Facebook to get the decision reversed. Also former Navy Chaplain Gordon Klingenschmitt, who had been involved in his own dispute of offering sectarian prayers at public ceremonies, issued a press release and created an online petition supporting Popa. On Friday, UCLA reversed its decision, instead deciding that it would take steps to make clear to the commencement audience that the "words of wisdom" are the personal statements of each student.

DOJ Sues New Jersey County Over Religious Employment Discrimination

The U.S. Department of Justice announced yesterday that it has filed a Title VII religious discrimination lawsuit against Essex County, New Jersey. The complaint alleges that the county refused to permit corrections officer Yvette Beshier to wear a religiously mandated headscarf during work. The complaint asks a New Jersey federal district court to order the county to pay damages and to adopt a policy to reasonably accommodate the religious practices of employees and prospective employees subject to the Correction Department's uniform policy for officers.

Cert. Denied In Navajo Nation RFRA Case

The U.S. Supreme Court today denied certiorari in Navajo Nation v. Forest Service, (Docket No. 08-846). (Order List.) The 9th Circuit in the case held in an 8-3 en banc decision, that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort, which operates on federal land. (See prior posting.)

Jewish Group Solicits Questions To Supreme Court Nominee

Reform Judaism's Religious Action Center has put up a web page titles "Ask Judge Sotomayor." It invites site visitors to submit questions they would like to see the Senate Judiciary Committee ask Sotomayor during her confirmation hearings. RAC says it will share questions submitted with Senators.

Report Says Israel Tax Official Seizes Catholic Church Funds For Taxes

Asia News this morning reports that in Israel, The Finance Ministry's Chief Tax Collector, Yehezkel Abrahamoff, has notified institutions of the Catholic Church in the country that he has seized their funds to force them to pay taxes he believes are due. This action short-circuits negotiations that have been going on for ten-years by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status. (See prior posting.)