Religion Clause

Wednesday, November 25, 2009

3rd Circuit OK's Ban On Religious Holiday Songs At School Concerts

In Stratechuk v. Board of Education, South Orange-Maplewood School District, (3d Cir., Nov. 24, 2009), the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. Holiday music could still be taught in music classes. Also, songs with religious content not specifically related to the holidays at hand could be performed in concerts. The 3d Circuit rejected plaintiff's argument under the Establishment Clause that the policy's purpose and effect is to disapprove of religion. The school argued that its purpose was to prevent governmental endorsement of religious holidays. The Court concluded:

Certainly, those of us who were educated in the public schools remember holiday celebrations replete with Christmas carols, and possibly even Chanukah songs, to which no objection had been raised. Since then, the governing principles have been examined and defined with more particularity. Many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.

The court also rejected plaintiff's claim that the school was unconstitutionally restricting students' access to ideas. Yesterday's Newark Star-Ledger reported on the decision. (See prior related posting.)

Lawsuit Challenges Museum's Cancellation of Pro-Intelligent Design Film

A press release yesterday from the American Freedom Alliance (AFA) reports on a lawsuit it has filed against the California Science Center (CSC). AFA says its free expression rights were infringed when CSC, a state agency, cancelled a scheduled showing in its IMAX Theater of "We Are Born of the Stars"-- a documentary promoting Intelligent Design. The lawsuit alleges that CSC cancelled the film because it did not want the museum to be viewed as legitimizing Intelligent Design as a scientific theory. The complaint alleges that CSC's President, Jeffrey Rudolph, was pressured to cancel the event by colleagues at the Smithsonian Institution, the University of Southern California, the Huntington Library and elsewhere. Yesterday was the 150th anniversary of the publication of Darwin's Origin of the Species, and AFA had planned two films to kick off a series of events exploring competing theories on life's origins.

UPDATE: Here is the full text of the complaint in American Freedom Alliance v. California Science Center, (Cal. Super. Ct., filed 11/19/2009). [Thanks to Willaim Becker.]

Tuesday, November 24, 2009

White House State Dinner Accommodates Hindu Vegetarianism

Tonight the White House is hosting the first State Dinner of the Obama Presidency, honoring India's prime minister, Dr. Manmohan Singh. (White House Blog.) The carefully created dinner menu takes account of the vegetarian diet practiced by many Hindus. All the courses are vegetarian, except that guests have the option of Green Curry Prawns instead of Roasted Potato Dumplings for the main course. Blog of the Times is covering various aspects of the dinner.

Suit Challenges School's Censorship of Anti-Islam T-Shirts

Yesterday the ACLU of Florida filed a federal lawsuit against the Alachua County (FL) school board challenging the constitutionality of the district's policy of banning students from wearing T-shirts with messages that are "offensive to others." The Gainesville Sun reports that the suit, alleging freedom of expression claims, was filed on behalf of two families that are members of the Dove World Outreach Center. School officials asked the students involved to cover their T-shirts which, on the back, read "Islam is of the Devil." On the front, the T-shirts read: "I stand in truth with Dove World Outreach Center", followed by, "Jesus answered I am the way and the truth and the life; no one goes to the Father except through me."

Some students were told they could not wear the T-shirts at all. Others were only required to cover the message on the back, but not the Christian message on the front. The ACLU says the issue is whether, under the First Amendment, school officials can permit positive messages about faith, religion or other matters, while banning negative messages about those subjects. School officials say they can bar messages that are disruptive to the learning environment, substantially interfere with maintaining discipline at school, or which infringe other students' rights.

Estate of Deceased FLDS Leader Seeks Return of UEP Trust

The complicated and long-running efforts of a Utah state court to reform the $120 million FLDS United Effort Plan Trust (see prior posting) has run into a new complication. AP reported yesterday that attorneys for the estate of Rulon Jeffs-- former leader of the polygamous FLDS Church-- have filed a motion asking the court to return control of the trust to the estate. The court took control of the trust in 2005 after Warren Jeffs, Rulon's son, was charged with mismanaging the property held by the trust. The new motion argues that the property belongs to the Corporation of the President of the FLDS Church, and that the court's prior actions have denied the estate, and the Corporation of the President, due process.

Iran's Largest Paper Shut Down For Publishing Photo of Baha'i Temple

AFP reported yesterday that Iran's Press Supervisory Board has ordered Hamshahri, the country's largest circulation newspaper, closed down because it published a photo on its front page of a Baha'i temple. The photo was part of an ad encouraging tourists to visit the Baha'i shrine. Iran's 300,000 Baha'is have been discriminated against over the years, and the religion is not recognized as a minority religion by Iran. (Background.) However, according to an AP report, Hamshahri, run by the municipality of Tehran, has also been critical of President Mahmoud Ahmadinejad. Tehran's mayor, Mohammad Baqer Qalibaf, is a critic and rival of Ahmadinejad. Over 120 pro-reform newspapers have been ordered closed since 2000.

UPDATE: An Iranian news agency says that courts have lifted the ban on Hamshahri one day after it was imposed. (Fresno Bee, 11/24.)

State Department Official Testifies On Religious Freedom In Middle East

On Nov. 19, a subcommittee of the House Committee on Foreign Affairs held a hearing on The State of Political and Religious Freedom in the Middle East. Michael H. Posner, Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, testified. (Full text of Posner's statement.) He said in part:

We recognize that there are many significant challenges to religious freedom and tolerance in the Middle East and South Asia. Throughout the region religious minorities do not enjoy equal access to education, employment, healthcare, and legal recourse. In some places, blasphemy and apostasy laws inhibit the social contributions of minorities and exacerbate inter-religious tension. In many Muslim-majority countries, minority Muslim sects are marginalized and members of the majority sect are not free to challenge official religious opinions. I want to emphasize that religious freedom is not just a concern for religious minorities; majority communities need space to self-critique and adapt to changing conditions over time.

Reporting on the hearing, the Pakistan Christian Post yesterday said that questions asked of Posner during the hearing demonstrated that the U.S. has not seriously pressured its allies Saudi Arabia and Egypt to comply with international human rights law.

Hannah Rosenthal To Be Named State Department's Special Envoy On Anti-Semitism

JTA reported yesterday that President Obama will name Hannah Rosenthal as the State Department's new Special Envoy to Combat and Monitor Anti-Semitism. Rosenthal served from 2000 to 2005 as executive director of the Jewish Council for Public Affairs. Her appointment was welcomed by the ADL and the JCPA. However, according to JTA, some conservatives criticize her, citing her service on the advisory board of J Street, a new organization that describes itself as the political arm of the pro-Israel, pro-peace movement.

Iraq Gives Added Payment To Mixed Sunni-Shiite Couples Marrying

In Iraq, the country's vice-president, Tariq al-Hashemi, is trying to heal rifts between Shiites and Sunnis by encouraging intermarriage between the two groups. Monday's USA Today says that Hashemi is offering a government gift of $2000 to each mixed couple that marries. About a dozen of these couples will take part in a eremony and celebration on Friday, funded by the government. The mixed couples will receive their $2000 along with government funded wedding clothes and hotel rooms. Some 375 couples from the same sect will also marry in the subsidized group ceremony. They will receive a $750 gift from the government.

Monday, November 23, 2009

FBI Releases 2008 U.S. Hate Crimes Data

The FBI today released its report on Hate Crime Statistics 2008. The FBI says the numbers are up slightly from last year, but the number of agencies reporting data varies from year to year. Of the 9,168 hate crime offenses (in 7,783 incidents), 1,606 were motivated by religious bias. (Incidents and Offenses data.) The largest percentage of those (65.7%) were anti-Jewish. 7.7% were anti-Islamic, 4.7% were anti-Catholic, 3.7% were anti-Protestant, 0.9% were anti Atheist/ Agnostic. Some 3,608 hate crime offenses were against property. 6.6% of those were directed at religious organizations. [Thanks to Michael Lieberman for the lead.]

UPDATE: The ADL on Monday issued a press release reacting to the new data and calling for "a coordinated campaign to prevent, deter, and respond effectively to criminal violence motivated by bigotry and prejudice." The ADL has also compiled charts giving additional data: (1) 10 year comparison of number of hate crimes; (2) number of law enforcement agencies reporting, by state; (3) hate crimes data since 1992 from 50 largest cities; and (4) state-by-state incident reports 1991-2008.

Suit Challenges Policy of Opening College Events With Prayer

Americans United announced Friday that it has filed a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. The complaint (full text) in Westphal v. Wagner, (CD CA, filed Nov. 19, 2009), alleges:

3. For years, the trustees, the chancellor, and the president of Saddleback College have routinely held official prayer at numerous events for college students and faculty, including scholarship ceremonies, graduations, and the Chancellor’s Opening Sessions.

4. The college communities are religiously diverse, and the official prayers deeply offend many students, faculty, and staff. For some, the official prayers are insulting to their deeply held religious beliefs, or even offensive to God. For some, the official prayers make them feel like outsiders because they do not belong to the District’s preferred faith community. And for some, the official prayers represent the District’s attempt to impose that preferred faith on them.

5. For years, therefore, college students, faculty, and staff, as well as scholarship donors, community members, and others have publicly objected to the District’s prayer practice, requesting that a moment of silence or some other, less divisive practice be adopted instead. But rather than respecting the beliefs of its faculty and students, the trustees, the chancellor, and Saddleback College’s president have responded by expanding the prayer practice, by making the prayers ever more religious and divisive, and by publicly attacking members of minority faiths and nonbelievers for not sharing the District’s preferred faith. Plaintiffs therefore have no choice but to seek provisional relief and a permanent injunction to stop the prayer.

[Thanks to Alliance Alert for the lead.]

White House Marks Sikh Holiday For First Time

On Friday, Nov. 13 [corrected], the White House hosted a reception commemorating the 540th anniversary of the birth of Guru Nanak Dev Ji, the first guru in Sikhism. According to the White House Blog, this is the first time this holiday has ever been celebrated at the White House. Sikh leaders from around the country joined a number of White House staff at the reception that featured traditional hymns led by the Sikh Kirtani Chanters from the Golden Temple in Amritsar, India.

Norwegian Univeristy Debates Use of Gym For Muslim Prayers

At Norway's University of Oslo, Muslim students are encountering resistance to their request to use a university gymnasium for a half hour each Friday for prayer services. Europe News reported last week that the deans of Law and Theology want a debate on how to accommodate religious needs of students while protecting the University's common, secular space. Muslim students currently have a prayer room at the University, but it is too small to accommodate the 40 to 80 students who attend on Fridays.

Recent Prisoner Free Excercise Cases

In Perez v. Westchester County Department of Corrections, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that plaintiffs who obtained a settlement requiring prison authorities to serve Muslim prisoners halal meat were "prevailing parties" for purposes of the award of attorneys' fees and that the fee caps in the Prison Litigation Reform Act apply even though some of the plaintiffs were released before the successful resolution of the litigation.

In Pressley v. Madison, 2009 U.S. Dist. LEXIS 107231 (ND GA, Nov. 17, 2009), a Georgia federal district judge permitted a Muslim plaintiff to move ahead with her complaint that she was not permitted to wear her hijab covering her head while temporarily transferred for two days from prison to a county jail. The suit asks for an injunction to prohibit Barrow County Jail from depriving Muslim women of their hijabs and also seeks several million dollars in damages.

In Williams v. Cate, 2009 U.S. Dist. LEXIS 107920 (ED CA, Nov. 10, 2009), a California federal magistrate judge allowed a prisoner who was a member of the House of Yahweh faith to proceed against some of the defendants named in his lawsuit for alleged violations of the free exercise and equal protection clauses, as well as RLUIPA. The lawsuit alleged refusals to accommodate plaintiff's religious dietary requirements, failure to hold House of Yahweh religious services and discrimination in funding from the religious services budget.

In Morris v. Woodford, 2009 U.S. Dist. LEXIS 107612 (ND CA, Nov. 18, 2009), a California federal district court held that a prisoner had stated a cognizable claim under the 1st Amendment and RLUIPA. His complaint alleged denial and confiscation of his Qu'ran and other Islamic study and prayer materials.

In Lynch v. Huffman, 2009 U.S. Dist. LEXIS 107476 (SD IN, Nov. 17, 2009), an Indiana federal district court dismissed an inmate's claim that his free exercise rights were violated when his request to see a chaplain was ignored while he was in administrative segregation for two months. He did not allege this imposed a substantial burden on his religious exercise. Moreover the claim was now moot.

European Commission Tells Britian Its Exemption For Church Employees Is Too Broad

Yesterday's London Observer reports that the European Commission has written United Kingdom authorities telling them that in the opinion of EC lawyers, exemptions in Britain's Employment Equality (Sexual Orientation) Regulations 2003 , Sec. 7(3), are broader than permitted by EU directives. EU Council Directive 2000/78/EC permits exceptions to employment discrimination bans only "in very limited circumstances ... where a characteristic related to religion or belief ... constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate." Britain currently exempts religious organizations that discriminate on the basis of sexual orientation, so long as they are doing so to comply with their religious doctrines (or with the strongly held religious convictions of its followers). This exemption is available regardless of the nature of the particular job. The British government has already drafted possible language to bring Britain into compliance with the EU.

Sunday, November 22, 2009

Religious Scholar Becomes Effective Regime Opponent In Iran

Today's New York Times reports that Iran's Grand Ayatollah Hossein Ali Montazeri has become one of the most effective critics of the current Iranian regime. Montazeri, the most knowledgeable religious scholar in the country, attacks the government as not Islamic. The ailing cleric in his mid-80's issues stinging criticisms online and elsewhere. In one, he said: "A political system based on force, oppression, changing people’s votes, killing, closure, arresting and using Stalinist and medieval torture, creating repression, censorship of newspapers, interruption of the means of mass communications, jailing the enlightened and the elite of society for false reasons, and forcing them to make false confessions in jail, is condemned and illegitimate." Iran's current religious leader, Ayatollah Ali Khamenei, has only limited religious credentials and thus Montazeri may be able to delegitimize him.

Maldives Considering Ban On Public Worship By Non-Muslims

Maldives parliament, the People's Majlis, is considering a bill to outlaw building of places of worship for non-Muslim religions and to prohibit the practice of other faiths in public. (Minivan News, Nov. 18). The bill will allow non-Muslim foreigners to worship in the privacy of their homes, but they could not invite Maldivians to participate. Violations of the law would carry jail terms of up to five years and fines of up to $4600 (US). Maldives constitution already prohibits non-Muslims from becoming citizens. On Friday, Maldives President Mohamed Nasheed said he would seek advice from religious scholars on whether it is permissible to allow non-Muslims to worship in an Islamic community. (Minivan News.) He says it is clear that under the constitution, laws that are contrary to Islam cannot be enacted. The bill was apparently triggered in part by the government's proposal to create wedding tourism in the country, as well as by inquiries from foreigners about creating houses of worship.

Suit Challenges Closing of 50 Churches By Cleveland Catholic Diocese

A lawsuit has been filed in state court in Akron, Ohio seeking to prevent the Cleveland Catholic Diocese from moving ahead with its plans to close some 50 of its churches in eight counties. The closures and parish mergers are designed to save money and make better use of the Diocese's limited number of priests. According to yesterday's Cleveland Plain Dealer, Nancy McGrath, head of the newly formed group Code Purple, alleges in her lawsuit that under Ohio law, the Bishop needs consent of parishioners to close the churches. She claims that parish property is held in trust for the parish, and argues that consent of the beneficiaries is needed before the trustee can dispose of trust assets. In response, the Diocese argues that Ohio case law makes it clear that the individual members of the parish are not beneficiaries of the trust, and they have no standing to enforce the trust. It also argues that the First Amendment requires civil courts to respect decisions of hierarchical Church authorities in situations such as this.

Last month McGrath was named in a restraining order preventing her and other protesters from taking over a church in Akron scheduled for closure. The Diocese has now worked out a compromise under which protesters can remain in a Church until midnight on the day of its last Mass.

Regulatory Issues Abound In New York Hasidic Village

The Forward last week reported on some of the difficult regulatory enforcement issues faced by the state and surrounding communities in connection with developments in New Square, New York. New Square, whose population is made up almost entirely members of the Skverer Hasidic sect of Orthodox Jews, is a separately incorporated village that is part of the town of Ramapo. New Square controls its own zoning and municipal code.

The most controversial immediate issue is the planned construction of a large kosher poultry slaughterhouse on city land abutting on homes just outside of New Square. The slaughterhouse project has received a $1.62 million grant of state development funds, even though it has not received approval from local planning departments. A smaller slaughterhouse constructed ten years ago already cause various sorts of problems for its neighbors.There has also been a history of non-compliance with state fire codes in the dense housing developments in New Square. The problems are complicated by the insularity of the Hasidic community, whose first language is Yiddish, and its political clout growing out of its ability to get the community to vote as a block for favored candidates. Earlier this month, 100% of New Square's 2075 votes went to one of the two candidates running to head Ramapo's government. The opposing candidate had expressed concern about the slaughterhouse project.

Rhode Island Bishop Tells Patrick Kennedy Not to Receive Communion

Today's Providence (RI) Journal reports that Catholic Diocese of Providence Bishop Thomas J. Tobin has barred U.S. Rep. Patrick J. Kennedy (D-RI) from receiving communion because of Kennedy's views on abortion rights. Kennedy told the newspaper: "The bishop instructed me not to take Communion and said that he has instructed the diocesan priests not to give me Communion." This take the dispute between the two-- that has become public in connection with health care reform proposals-- to a new height. (See prior posting.) Tobin's office declined to comment on any conversation between Tobin and Kennedy, but denied that Tobin had spoken with diocese priests about the matter.

UPDATE: Former New York governor, Mario Cuomo, reacting to Church pressure on Patrick Kennedy, warned that if Church leaders pressure Catholic politicians to follow Church teaching in their political roles, this may well lead to people being hesitant to vote for Catholics. According to AP on Sunday, Cuomo said in part: "The American people need no course in philosophy or political science or church history to know that God should not be made into a celestial party chairman."

UPDATE2: Bishop Thomas J. Tobin issued a statement (11/22) in response to Rep. Kennedy's remarks. He says he wrote Kennedy in Feb. 2007 asking that he refrain from receiving Holy Communion in light of his consistent actions in opposition to Church teachings. The letter said that Tobin was writing Kennedy "personally and confidentially as a pastor addressing a member of his flock." Tobin says he is disappointed that Kennedy has now made this public.

Saturday, November 21, 2009

2nd Circuit Says EEOC Can Subpoena Company's Nationwide Records

In Equal Employment Opportunity Commission v. United Parcel Service, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that the district court should enforce a subpoena issued by the EEOC seeking information on how religious exemptions from UPS's Uniform and Personal Appearance Guidelines are handled nationwide. The appeals court concluded that the district court had applied too restrictive a concept of relevance in refusing to enforce the subpoena in connection with the Commission's investigation of a case in Buffalo and one in Dallas involving Muslims who wanted for religious reasons to wear beards. [Thanks to Steven H. Sholk for the lead.]

9th Circuit Won't Enjoin Church Sign Regulations, But Remands For Further Consideration

In Reed v. Town of Gilbert, Arizona, (9th Cir., Nov. 20, 2009), the U.S. 9th Circuit Court of Appeals held that a town's limitations on temporary directional signs are a content-neutral regulation that does not impermissibly favor commercial speech over noncommercial speech. It therefore affirmed the lower court's denial of a preliminary injunction to the Good News Presbyterian Church which claimed its First Amendment and Equal Protection rights were violated by the regulation. The church uses temporary signs to inform the public of the location of its Sunday services, held in an elementary school. However the court remanded the case for the district court to consider whether the regulation unconstitutionally favors some noncommercial speech over other noncommercial speech. Yesterday's Arizona Republic reported on the decision. (See prior related posting.)

New York High Court OK's State Employee Benefits To Same-Sex Spouses

In Godfrey v. Spano, (NY Ct. App., Nov. 19, 2009), New York's high court held that state civil service officials had authority to recognize, for purposes of employee health and other benefits, same-sex marriages validly performed in other states. The court pointed to the broad statutory authority given to the Civil Service Commission to determine who should obtain benefit coverage. Three concurring judges would have gone further and held that same-sex marriages, valid where performed, are entitled to full recognition under New York law. Friday's New York Times reported on the decision. [Thanks to Y.Y. Landa for the lead.]

IRS Schedules Hearing On Changes For Authorizing Church Tax Examinations

The Internal Revenue Service announced this week (Federal Register) that it is scheduling a public hearing for Jan. 10, 2010 on proposed amendments to clarify clarify which high level Treasury official has authority to authorize commencement of a church tax inquiry. (See prior related posting.) Those who have previously submitted written comments who wish to also make an oral presentation at the hearing must submit an outline by Dec. 9.

Indiana Christian TV Station Produces Program on Faith and the Law

A press release today on Christian Newswire reports on a new television program produced by an Indianapolis, Indiana television station. Each Wednesday at noon, WHMB-TV broadcasts "Faith and the Law." According to the press release, the program (which began October 7) "provides information on the attack on our religious freedom and encourages all Christians to stand up and fight back." The program's host is lawyer Timothy A. Rowe.

Ohio Supreme Court: Regional Church Offices Are Not Tax Exempt

In Church of God in Northern Ohio v. Levin, (OH Sup. Ct., Nov. 18, 2009), the Ohio Supreme Court in a 4-3 decision held that property used only as the regional administrative headquarters of a denomination's local churches is not tax exempt. Property primarily used to support public worship that is conducted at other locations by local congregations is not exempt either as property used exclusively for public worship nor as property used exclusively for charitable purposes. According to the majority, public worship by itself is not a "charitable activity."

The dissenters argued that the headquarters were exempt as property used exclusively for a charitable purpose because it plays an integral role in the public worship and outreach programs of local churches.

Friday, November 20, 2009

New Catholic, Evangelical Declaration Reaffirms Pro-Life, Traditional Marriage Agenda

This afternoon, a coalition of 149 pro-life, Catholic, evangelical and Orthodox Christian leaders signed the 4700-word Manhattan Declaration, pledging to defend their pro-life views and their opposition to same-sex marriage. (LifeNews.) The Declaration says in part:

While the whole scope of Christian moral concern, including a special concern for the poor and vulnerable, claims our attention, we are especially troubled that in our nation today the lives of the unborn, the disabled, and the elderly are severely threatened; that the institution of marriage, already buffeted by promiscuity, infidelity and divorce, is in jeopardy of being redefined to accommodate fashionable ideologies; that freedom of religion and the rights of conscience are gravely jeopardized by those who would use the instruments of coercion to compel persons of faith to compromise their deepest convictions.

.... We are Christians who have joined together across historic lines of ecclesial differences to affirm our right—and, more importantly, to embrace our obligation—to speak and act in defense of these truths.... Because we honor justice and the common good, we will not comply with any edict that purports to compel our institutions to participate in abortions, embryo-destructive research, assisted suicide and euthanasia, or any other anti-life act; nor will we bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent, or refrain from proclaiming the truth, as we know it, about morality and immorality and marriage and the family. We will fully and ungrudgingly render to Caesar what is Caesar’s. But under no circumstances will we render to Caesar what is God’s.

Today's New York Times reporting on the Declaration says that the document, written by Prison Fellowship founder Charles Colson, "is an effort to rejuvenate the political alliance of conservative Catholics and evangelicals that dominated the religious debate during the [Bush] administration.... They want to signal to the Obama administration and to Congress that they are still a formidable force that will not compromise on abortion, stem-cell research or gay marriage." [Thanks to Ira "Chip" Lupu for the lead.]

Award By Rabbinical Court Vacated Over Limit on Party's Choice of Attorney

In Kahan v. Rosner, (NY Sup. Ct., Nov. 16, 2009), a New York trial court vacated an arbitration award in a dispute between siblings over property originally owned by their father. The award was issued by a Rabbinical Court which refused to permit one of the parties to be represented by the attorney of his choice. The parties had signed a waiver providing that they would use only Rabbinical counsel acceptable to the Rabbinical court. However the state civil court held that the right to have an attorney at an arbitration proceeding is unwaivable, and the Rabbinical court had given no reason why the objecting party could not be represented by the attorney ("toayn") he had selected. [Thanks to Y.Y. Landa for the lead.]

Ban On Transfer of Funds To Iraq Does Not Infringe Charity's Free Exercise

In United States v. Islamic American Relief Agency, 2009 U.S. Dist. LEXIS 107541 (WD MO, Nov. 18, 2009), a Missouri federal district court rejected defendants' argument that their indictment for illegally transferring funds to Iraq violates the Religious Freedom Restoration Act. Defendants were charged under the International Emergency Economic Powers Act and the Iraqi Sanctions Regulations. Defendants contend that, along with IARA's donors, they "shared the common purpose of fulfilling the obligations of all Muslim's of zakat" --the duty to give charity to the destitute. The court concluded that even if the restrictions imposed a substantial burden on defendants' free exercise, the government had a compelling interest in imposing the restrictions and use the least restrictive means of accomplishing them.

Individual Congregations Seek To Intervene In Fort Worth Episcopal Diocese Case

Virtue Online reported yesterday that 47 parishes and missions of the Episcopal Diocese of Fort Worth (TX) have filed an Original Plea in Intervention (full text) in the lawsuit between The Episcopal Church and the break-away Diocese of Fort Worth. The intervenors seek a declaratory judgment that "in accordance with the Constitution and Canons of the Episcopal Diocese of Fort Worth, the title to the real property being occupied and subject to the control of Intervening Congregations is held by the Corporation of the Episcopal Diocese of Fort Worth in trust for the use and benefit of each Intervening Congregation." (See prior related posting.)

Groups Challenge Use of Church for Graduation Ceremonies

The ACLU and Americans United are threatening to file a lawsuit to stop Enfield, Connecticut high schools from holding their graduation ceremonies in Bloomfield, Connecticut's First Cathedral. (Press release.) The letter (full text) says in part:

We ... understand that when the Board first approved using the Cathedral for graduations, it was told that the religious items in the Cathedral would be covered for graduations. In fact, this never occurred; indeed, ... religious symbolism is inherent in virtually every aspect of the Cathedral, and so secularizing the facility for school events would not appear to be possible....

[T]hat the Enfield Schools may have secular reasons for using the Cathedral (such as the price or the physical amenities of the facility) does not render such use constitutional. The Establishment Clause not only prohibits conduct that has a religious purpose, but also conduct that has a religious effect, such as religious coercion, endorsement, or delegation.... Second, the placement of a disclaimer on school graduation programs cannot cure the constitutional violations. A disclaimer does nothing to prevent or remedy coercive imposition of religion upon students and family members at a graduation ceremony, as we have here.

The ACLU filed a similar objection in 2006 when the use of the Cathedral began. (See prior posting.)

Defendant Sentenced For Cyber Attack On Scientology Websites

According to a press release yesterday from the Church of Scientology, a New Jersey federal district court has sentenced Dmitriy Guzner for his part in a cyber attack on Scientology websites last January. Nineteen year old Guzner who, in May, plead guilty to one count of computer hacking, was given a sentence of 366 days in prison, 2 years probation and ordered to pay restitution of $37,500. Guzner carried out the distributed denial of service attack along with other members of the anti-Scientology group, Anonymous.

University Settles With Woman Fired For Being A Witch

In Lincoln, Nebraska, a woman, identified only as Jane Doe, has settled an employment discrimination lawsuit she filed against the University of Nebraska. The woman alleges that she was removed as director of a youth program when the University discovered that she was a witch. (See prior posting.) Yesterday's Lincoln (NE) Journal-Star reports that the Nebraska Equal Opportunity Commission had found reasonable cause to believe that religious discrimination had occurred. Plaintiff settled for $40,000, of which $10,000 will go for attorneys' fees.

Thursday, November 19, 2009

Appeal Filed Seeking Acceptance of D.C. Marriage Initiative Petition

Having lost in their attempt to obtain a referendum (see prior posting), opponents of Washington, D.C.'s new law recognizing same-sex marriages performed elsewhere filed an initiative petition in September. The Marriage Initiative would provide that only a marriage between a man and a woman would be recognized in D.C. In an order issued on Tuesday, In Re: Marriage Initiative of 2009, (DC Bd. Elec. & Ethics, Nov. 17, 2009), the D.C. Board of Elections and Ethics ruled that because the initiative would violate the D.C. Human Rights Act, under D.C.'s Initiative, Referendum and Recall Procedures Act it was required to reject the initiative petition.

Yesterday, several proponents of the initiative filed suit seeking court review of the Election Board's ruling. The complaint (full text) in Jackson v. District of Columbia Board of Elections and Ethics, (DC Super. Ct., filed 11/18/2009), challenges the restriction in D.C. law that precludes using the initiative for any measure that would authorize discrimination in violation of the Human Rights Act. It also argues that the Initiative does not violate the HRA. Alliance Defense Fund issued a release announcing that the appeal had been filed.

Groups Will Portray Nativity Scene On Supreme Court Sidewalk

Two groups, Faith and Action and the Christian Defense Coalition , plan this morning to temporarily display a live Nativity Scene on the public sidewalk in front of the U.S. Supreme Court. Christian Newswire reports that the display is part of Operation Nativity and the Nativity Project which promote manager scenes on both public and private property.

Malaysia Authorities Charge Progressive Muslim Cleric

In Malaysia, Islamic authorities have charged a popular progressive Muslim preacher with conducting a religious lecture in the state of Selangor without authorization from the state's Islamic department. AP reported yesterday that Asri Zainul Abidin plead not guilty in a Sharia court. He charges selective prosecution. Abidin has criticized the country's Islamic authorities' increasingly hard line bans on behavior seen as immoral, and has said that Malaysia's senior clerics should not be followed blindly.

Deputy Proposes Change In Russia's National Anthem to Remove Reference To God

Interfax reported yesterday that a member of the Russian State Duma representing the Communist Party has introduced a bill to change one line in the Russian Federation's national anthem. Deputy Boris Kashin wants to change "You, Our one Native land, protected by God!" to "You, Our one Native land, protected by us!" An explanatory note to the proposal says that since a substantial part of the Russian population does not believe in God, the current anthem does not correspond to their beliefs.

Israel's High Court Denies Rehearing In Grant of Kosher Certification To Messianic

Arutz Sheva reported yesterday that Israel Supreme Court Chief Justice Dorit Beinisch has denied a rehearing in a case in which the court held that the Rabbinate in the city of Ashdod may not impose enhanced supervision requirements in granting a kashrut certificate (kosher certification) to a bakery owned by a Messianic Jew. The Chief Rabbinate Council were concerned that the owner, because of her beliefs, could not be trusted to keep her bakery kosher. (See prior posting.) Beinisch ruled that the question of whether the owner was trustworthy needed to be determined by civil law standards, not religious law. The director of Yad L'Achim, an Israeli group that opposes missionary activities, said he would seek a change in legislation. He continued: "Otherwise, missionaries, armed with official kashrut certifications, will be able to entice religious people into their waiting arms."

Think-Tank Charges U.S. Conservatives With Using African Clergy In LGBT Battles

Political Research Associates, a Massachusetts-based progressive think tank, yesterday released a 42-page report titled Globalizing the Culture Wars: U.S. Conservatives, African Churches and Homophobia. The report focuses primarily on developments in Uganda, Kenya and Nigeria. Here are a few excerpts from the Executive Summary:

U.S. conservatives have successfully recruited a significant number of prominent African religious leaders to a campaign seeking to restrict the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The flagship issue ... is the ordination of LGBT clergy by mainline Protestant denominations-- particularly the Episcopal, Presbyterian, and Methodist churches-- in the United States....
As a direct result of this campaign, homophobia is on the rise in Africa-- from increased incidents of violence to antigay legislation that carries the death penalty....
[O]ne of the main organizations promoting homophobia in both Africa and the United States over the last decade is the Institute on Religion and Democracy (IRD), a well-funded neoconservative think tank that opposed the African liberation struggles. In Africa, IRD and other U.S. conservatives present mainline denominations' commitments to human rights as imperialistic attempts to manipulate Africans into accepting homosexuality-- which they characterize as a purely western phenomenon. For IRD, this campaign is part of a long-term, deliberate, and successful strategy to weaken and split U.S. mainline denominations, block their powerful progressive social witness promoting social and economic justice, and promote political and social conservatism in the United States. Using African leaders as a wedge in the U.S. conflicts is only its latest and perhaps most effective tactic.

Additional background is also available from PRA's website. Ekklesia carries an article on PRA's new report.

Wednesday, November 18, 2009

EEOC Says TSA Failed To Accommodate Rastafarian's Dreadlocks

In a decision last week, the Equal Employment Opportunity Commission ruled that the Transportation Security Administration violated Title VII of the 1964 Civil Rights Act when it failed to accommodate the need of a Rastafarian baggage screener at Boston's Logan Airport to wear long hair. TSA reprimanded the employee and threatened to exclude him from promotions or dismiss him for violating TSA grooming standards. In Brissot v. Napolitano, (EEOC, Nov. 12, 2009), an Administrative Judge in an interim decision concluded that the TSA failed to make a good faith effort to find ways to permit the employee to continue to wear his long dreadlocks as required by his religious beliefs. An ACLU press release says that a hearing on the amount of damages to be awarded in the case will be held in February 2010.

Cloture Voted On Hamilton's Nomination For 7th Circuit

Yesterday, the U.S. Senate voted 70-29 to invoke cloture and thus end debate on the nomination of Indiana federal district judge David Hamilton to the U.S. 7th Circuit Court of Appeals. (See prior related posting.) As reported by the Christian Science Monitor, opponents raised a number of issues, including Hamilton's short stint after college with ACORN and a decision he wrote invalidating Indiana's informed consent abortion law that would have required two trips to a clinic to obtain an abortion. However, the greatest focus by opponents were Hamilton's two related 2005 decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.)

The most strident criticisms accused Hamilton of "prohibiting prayers that mention Jesus Christ in the Indiana House of Representatives, but allowing prayers that mention Allah." (Red State blog.) That charge grew out of language in Hamilton's second opinion explaining the scope of the injunction. It specifically banned sectarian prayer, including Christian prayer that uses the name of "Christ." Hamilton emphasized that the only sectarian prayers that seem to have been offered in the Indiana House were Christian ones. Non-sectarian prayer, addressing God more generically, is permitted. Hamilton wrote:

The Arabic word "Allah" is used for “God” in Arabic translations of Jewish and Christian scriptures. If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language's terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others. If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.

The Senate is scheduled to take its final vote on Hamilton's nomination today.

UPDATE: On Thursday the Senate gave final approval to Hamilton's nomination by a vote of 59-39.

Appellate Court Will Consider Procedural Dispute In Ft. Worth Episcopal Diocese Case

As previously reported, the dispute between two groups, both claiming to be the Episcopal Diocese of Fort Worth, Texas, led to a lawsuit in the Texas courts. One of the groups is a break away group that affiliated with the more conservative Anglican Province of the Southern Cone. The other, seeking an order that it still owns the Diocese property, represents members still loyal to the The Episcopal Church (TEC). The initial issue was framed as a challenge to the right of TEC lawyers to claim to represent the Diocese of Fort Worth. (See prior posting.) After the trial judge refused to grant a motion by the break away group to disqualify the TEC attorneys, the break away group filed a petition for a writ of mandamus with the state Court of Appeals-- essentially an appeal of the trial judge's refusal to grant their motion (full text of petition and brief.) In In re Franklin Salazar, (TX Ct. App., Nov. 16, 2009), the Court of Appeals ordered trial court proceeding stayed while the appellate court considers the mandamus petition. A press release by the break away Fort Worth diocese discusses the court's latest move. [Thanks to Virtue Online for the lead.]

Student Sues School After Refusal To Permit Participation In Pro-Life Day

A Bridgeton, New Jersey high school student has sued the school board and high school officials alleging that they censored religious, pro-life speech at school on Pro-Life Day of Silent Solidarity. Yesterday the AP reported on the lawsuit in which the student alleged that school officials refused her request to participate in the nationally-sponsored day. She wanted to hand out leaflets, remain silent except when called on in class, and wear a red armband with the word "LIFE" written on it. The complaint (full text) in C.H. v. Bridgeton Board of Education, (D NJ, filed 11/13/2009), alleges that school officials told the high schooler that her request was denied because nothing religious is permitted at public schools. It claims that the school's policies and practices violate various provisions of the 1st and 14th Amendments. After the suit was filed, school superintendent Vic Gilson said that the student's request was denied because the armband would violate the school's strict dress code and because a school policy required prior approval of any literature distributed by students or staff.

Former Editor Sues Washington Times For Religious Discrimination

On Tuesday, Richard Miniter, former editorial page editor of the Washington Times filed a complaint with the EEOC charging the Times with religious discrimination against him, as well as discrimination on the basis of disability and age. According to yesterday's Washington Post, Miniter claims that he was essentially "coerced" into attending a Unification Church religious ceremony that ended with a mass wedding conducted by Rev. Sun Myung Moon. Miniter, an Episcopalian, says he was made to feel that there was no choice but to attend if he wanted to keep his job. The Washington Times is owned by the Unification Church, but is editorially independent of it. The EEOC filing follows a major shake-up of executive personnel at the Times.

Tuesday, November 17, 2009

British Tribunal Grants Asylum To Afghan Convert To Christianity

In NM v. Secretary of State for the Home Department [Word.doc], (Asylum & Immigration Tribunal, Nov. 13, 2009), a British immigration tribunal, in an appeal from a decision by the Home Department, granted asylum to an Afghan national who had come to Britain aboard a hijacked airliner in 2000 and subsequently converted from Islam to Christianity in Britain. The Tribunal concluded that if the appellant returned to Afghanistan and his conversion became known, he would likely face arrest and ultimately punishment before a Sharia court. The Tribunal pointed out that Christianity can only be practiced secretly in Afghanistan, and it is unlikely appellant would be able to make contact with other Christians there without placing himself in great risk. This led to the conclusion that "appellant’s return to Afghanistan would expose him to a real risk of persecution and would subject him to a real risk of inhuman or degrading treatment in violation of his rights under Article 3 of the ECHR." Today's London Daily Mail reports on the decision that it calls a "landmark case."

Supreme Court Orders Yesterday In Two Cases of Interest

Yesterday, the U.S. Supreme Court denied certiorari in McComb v. Crehan, (Docket No. 08-1566, Nov. 16, 2009) (Order List.) In the case, the 9th Circuit 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. (See prior posting.) Courthouse News Service reports on the Court's action. [Thanks to Scott Mange for the lead.]

Also yesterday in Holy See v. Doe, (Docket No. 09-1, Nov. 16, 2009) (Order List), the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether certiorari should be granted. In the case, the 9th Circuit held that the Vatican is not shielded by the Foreign Sovereign Immunities Act from a respondeat superior claim against it by a victim of a priest's sexual abuse. (See prior posting.) SCOTUS Blog discusses the Court's action.

Azerbaijan Official Reports On Status of Required Re-Registration of Religious Groups

On May 31, 2009, Azerbaijan's new religion law and related amendments took effect. The law requires re-registration of all religious groups by Jan. 1, 2010. (See prior posting.) APA today published an interview with Gunduz Ismayilov, head of the Azerbaijan State Committee on Work With Religious Structures, the agency that administers the registration requirements. He said that the Committee has received registration documents from 200 religious communities so far, and expects to receive registrations from 500 before the end of the year. Azerbaijan is 96% Muslim, so most of the filings are from Islamic groups. However among the first groups reregistered were also the Baku and Caspian Eparchy of Russian Orthodox Church and Baku Mountain Jewish community. Ismayilov emphasized that the Committee will go to court to dissolve religious groups that do not re-register.

Christian Groups Continue Objections To Hate Crimes Law

Even though the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act has been signed by the President (see prior posting), some conservative Christian groups continue a campaign to challenge it. Yesterday, according to a press release from Vision America, "a coalition of concerned Christians" held a press conference outside the Justice Department featuring speakers who denounced "gay activists" and who pointed to actions in Britain under its Equality Act regulations. Leaders of the press conference presented a letter from Liberty Counsel (full text) to the Attorney General arguing that the new legislation exceeds Congress' commerce clause powers and "is already acting as a prior restraint on the speech of many concerned, law abiding, citizens." The letter requests that the Justice Department adopt special procedures for review and advance approval before initiating a prosecution against an individual or member of the clergy for speaking in a manner that incites a hate crime.

Suit Challenges Religious Activities In Tennessee County's Schools

Yesterday in federal court in Nashville, Tennessee, two former students and two families of current students filed a lawsuit challenging a pattern of religious activities in the Cheatham County (TN) school system. The suit, filed by the ACLU of Tennessee (press release), objects to incidents involving the distribution of Gideon Bibles in classrooms, teacher-endorsed prayer at football games, school-sponsored prayer delivered by students at graduation ceremonies, the teaching of intelligent design, and the display of a cross in a high school classroom. The complaint (full text) in Doe v. Cheatham County Board of Education, (MD TN, filed 11/16/2009) alleges that school officials proselytize students in class and during extracurricular activities. The lawsuit contends that all of these activities violate the Establishment Clause as well as Art. I, Sec. 3 of the Tennessee Constitution, and asks for an injunction against continued religious activity in the schools. It also asks for an injunction barring retaliation against plaintiffs for bringing the lawsuit, and seeks nominal damages and attorneys' fees. Yesterday's Tennessean reported on the lawsuit.

44 Members of Congress Join Amicus Brief Supporting Engravings At Capitol Visitor Center

As previously reported, in July the Freedom from Religion Foundation sued in a Wisconsin federal court challenging Congress' directive to the Architect of the Capitol to engrave the motto "In God We Trust" and the Pledge of Allegiance in the Capitol Visitor Center. Last week, the American Center for Law and Justice announced that it had joined with 44 members of the U.S. House of Representatives (including Randy Forbes, chairman of the Congressional Prayer Caucus) in filing an amicus brief in the case. The brief (full text) argues that the pledge and national motto "accurately reflect the historical fact that this nation was founded upon a belief in God." Contending that neither the pledge nor the motto violates the Establishment Clause, the brief argues that "the First Amendment does not compel the redaction of all references to God just to suit atheistic preferences."

Monday, November 16, 2009

Group Challenges Indianapolis Schools' Internet Filtering Policy

The Freedom From Religion Foundation last week (press release) wrote to the Indianapolis (IN) school system (full text of letter) complaining that the Indianapolis Public Schools Internet Filtering Policy violates the First Amendment as well as regulations under the federal Children's Internet Protection Act. Among the nearly 30 categories of website that are blocked on school computers are "Alternative Spirituality/ Belief Sites." These are described as:

Sites that promote and provide information on religions such as Wicca, Witchcraft or Satanism. Occult practices, atheistic views, vodoo rituals or any form of mysticism are represented here. Includes sites that ... [instruct in the use of] spells, incantations, curses and magic powers.

FFRF contends that this policy amounts to viewpoint discrimination and a violation of the Establishment Clause because it allows access to sites offering information about Christianity and other mainstream religions, but not about atheism. [Thanks to Scott Mange for the lead.]

Obama Champions Human Rights At Town Hall Meeting In China

Over night (US time), President Obama in China held a "town hall" meeting with university students in Shanghai. (White House background posting.) The Los Angeles Times has the full text of his remarks and his exchange with students. Along with a focus on increased U.S.-Chinese cooperation, human rights concerns were prominent among the wide range of topics included in the President's opening comments. After speaking of America's own civil rights struggles, he said:

We do not seek to impose any system of government on any other nation, but we also don't believe that the principles that we stand for are unique to our nation. These freedoms of expression and worship -- of access to information and political participation -- we believe are universal rights.

They should be available to all people, including ethnic and religious minorities -- whether they are in the United States, China, or any nation. Indeed, it is that respect for universal rights that guides America's openness to other countries; our respect for different cultures; our commitment to international law; and our faith in the future.

He also mentioned religion in responding to a student's question about Afghanistan and terrorism. The President said in part:

We also have to think about what motivates young people to become terrorists, why would they become suicide bombers. And although there are obviously a lot of different reasons, including I think the perversion of religion, in thinking that somehow these kinds of violent acts are appropriate, part of what's happened in places like Pakistan and Afghanistan is these young people have no education, they have no opportunities, and so they see no way for them to move forward in life, and that leads them into thinking that this is their only option.

FOIA Appeal Filed To Get Information On Bureau of Prisons Chapel Library Project

The ACLU announced last week that it has filed a Freedom of Information Act Appeal (full text) seeking all records held by the Bureau of Prisons on their attempt in 2007 to remove various books from prison chapel libraries. (See prior posting.) The Standardized Chapel Library Project was ended by legislation later in 2007. (See prior posting.) The FOIA appeal was filed on behalf of a California graduate student who is writing a thesis on censorship of religious materials in federal prisons. His initial request resulted in only a four documents being furnished to him. The appeal asks for a broader search for relevant documents.

Rubashkin Encounters Religious Observance Problems In Jails After Trial

Last Thursday, Shalom Rubashkin, former vice-president of the Postville, Iowa Agriprocessors, Inc., a kosher meat packing plant, was convicted by a federal jury on 86 counts of financial fraud. (See prior related posting.) The trial was held in Sioux Falls, South Dakota after Rubashkin's lawyers requested a change in venue. (New York Times.) Immediately after his conviction, federal marshals took Rubashkin to the South Dakota State Penitentiary where he was held overnight. He was then transported to the Woodbury County Jail in Sioux City, Iowa. He will be transported to a jail in the Cedar Rapids, Iowa area for his bail hearing on Wednesday. (Des Moines Register 9/14.)

Chabad.info has a rather graphic account of the problems encountered by Rubashkin in maintaining his Orthodox Jewish religious observances during these moves. On the first night, South Dakota prison officials removed Rubashkin's tzitzis (fringed garment) despite Rubashkin's objections, and moved him in a wheel chair since he insisted he would not walk without wearing his tzitzis. Friday morning Federal marshals decided he could wear the tzitzis. Rubashkin's family had purchased kosher food meeting his strict standards. However, Sioux City jail officials refused to allow it in because it was not packaged correctly. Rubashkin went without food from Thursday night until Saturday evening when he got grape juice, rolls and soup mix that he ate cold. Rubashkin's family ask supporters to pray and recite psalms for him.

Sunday, November 15, 2009

Virginia Governor-Elect Called On To Repudiate Statements By Pat Robertson

Virginia's new Republican governor-elect, Robert F. McDonnell, is being asked to repudiate comments by his long-time supporter and friend, Rev. Pat Robertson. Last week, in response to the Fort Hood shootings, Robertson made controversial comments about Islam on his 700 Club television show. Robertson said:

Islam is a violent -- I was going to say religion, but it's not a religion. It's a political system. It's a violent political system bent on the overthrow of the governments of the world and world domination. I think we should treat it as such and treat its adherents as such, as we would members of the Communist Party or members of some fascist group.

Today's Washington Post says McDonnell attended law school at Robertson's CBN University, and served on the university's board after it changed its name to Regent University. McDonnell received $40,000 in contributions from Robertson and his family for his election campaign. Mohamed Magid, imam of a mosque in Sterling, Virginia, said that Muslims want McDonnell "to distance himself from [Robertson's] remarks of hate...."

Windsor Police Chief Apologizes For Inappropriate Search of Muslim Woman

In Canada, Windsor, Ontario police chief Gary Smith publicly apologized to the Muslim community over the embarrassment and offense to religious beliefs caused when one of his male police officers conducted a pat down search of a Muslim woman. Yesterday's Detroit Free Press reports that the incident occurred on Oct. 31 when Canadian authorities conducted a raid to arrest two men who were part of a radical Muslim group based in Dearborn, Michigan. The leader of the Dearborn group was killed in an FBI shoot out last month. The woman involved was the wife of one of those arrested by Canadian authorities.

Orthodox Jews In Jerusalem Protest Intel's Sabbath Operations

In Israel yesterday, some 2000 haredi (strictly Orthodox) Jews demonstrated outside the offices of Intel Corp. in an industrial park in Jerusalem protesting the chip maker's operation of its factory on the Sabbath. According to a report by the Jerusalem Post, protesters criticized Jerusalem Deputy Mayor Yitzhak Pindrus for not doing enough to prevent Intel from operating on Saturdays. Israeli law prohibits companies employing Jews on the Sabbath, but contains a number of exemptions. A member of the Knesset said that Intel had not obtained the required special permit from the Industry, Trade and Labor Ministry entitling it to a serious harship exemption. An Intel spokesman, however, said the company was operating in accordance with law. Intel also said that ending Saturday production could endanger the feasibility of Intel's operations in Jerusalem and Kiryat Gat. Intel employs some 6500 in the two plants.

Massachusetts Church Settles RLUIPA Lawsuit

In Lanesville, Massachusetts, a settlement between the Zoning Board of Appeals and the Orthodox Congregational Church ends a federal RLUIPA lawsuit as well as state court litigation, according to Saturday's Gloucester Daily Times. At issue is the building of a new fellowship hall next to the church's existing building. The city had denied the church a building permit because it had not provided for adequate parking, ruling that the new building was a function hall rather than a "place of worship" that is exempt from parking requirements. The settlement calls for the church to provide 31 parking spaces by parking cars in tandem and to notify parishioners of the parking plan, along with other provisions. The settlement also pays the church $10,000 in damages.

Recent Prisoner Free Exercise Cases

In Rust v. Nebraska Department of Correctional Services Religion Study Committee, 2009 U.S. Dist. LEXIS 105793 (D NE, Nov. 12, 2009), a Nebraska federal district court rejected RLUIP and free exercise challenges by inmates who were adherents to the Theodish Belief to authorities' failure to provide them with various food and devotional items and various other claimed restrictions on their religious practice. However the court held that scheduling combined worship time for Theodish Belief and Asatru practitioners did pose a substantial burden on plaintiffs' religious exercise. The court gave defendants additional time to supplement the record regarding the state's alleged compelling interest in this schedule.

In Howard v. Epps, 2009 U.S. Dist. LEXIS 105366 (SD MS, Oct. 30, 2009), a Mississippi federal magistrate judge permitted a Rastafarian inmate to amend his complaint to allege that the prison's grooming policy violates his First Amendment rights.

In O'Neal v. Brenes, 2009 U.S. Dist. LEXIS 104852 (CD CA, Nov. 10, 2009), a California federal magistrate judge rejected an inmate's free exercise claim. Plaintiff alleged that he participates in the prison's vegan religious diet program and does not receive enough food. The court dismissed the claim because plaintiff failed to allege that his veganism is rooted in religious belief.

In Griffith v. Bird, 2009 U.S. Dist. LEXIS 104469 (WD NC, Nov. 3, 2009), a North Carolina federal district court dismissed claims for both damages and an injunction by a Wiccan prisoner who claimed Wiccans were not allowed to have group religious services and that he was denied certain religious items. Corrections Department policy requires an approved volunteer to lead group religious services and vendors of religious items must go through an approval process.

In Haynes v. Sisto, 2009 U.S. Dist. LEXIS 104532 (ED CA, Oct. 21, 2009), a California federal district court rejected a claim that authorities prevented black inmates from participating in religious activities during lockdowns. Plaintiff did not allege that he was prevented from practicing his religion.

In Flett v. Vail, 2009 U.S. Dist. LEXIS 99765 (ED WA, Oct. 23, 2009), a Washington federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 104255, Aug. 24, 2009), and dismissed claims of a native American inmate that prison officials failed to mail out certain religious items that he had properly processed for mailing. The court allowed plaintiff to move ahead with a RLUIPA challenge to prison regulations that prohibited use of animal fur, claws or bones for religious ceremonies. Plaintiff wished to use an eaglebone whistle.

In Hoffman v. Hennessey, 2009 U.S. Dist. LEXIS 103406 (ND CA, Nov. 6, 2009), a California federal district court held that a Jewish prisoner had stated a cognizable claim under the First Amendment and RLUIPA that he was denied use of a yarmulke and tallit katan. He also was permitted to proceed with a retaliation claim against the Sheriff's Department.

Saturday, November 14, 2009

Indian Tribe Sues Under Treaty To Get Prosecution of Self-Help Author

Last month, three people died after spending time in a sweat lodge as part of a "Spiritual Warrior" retreat conducted by self-help author and speaker James Arthur Ray. Each participant paid over $9600 to attend the retreat at the Angel Valley Retreat Center in Sedona, Arizona. (CNN). Now, according to a report this week from Sedona.biz, members of the Lakota Sioux Tribe, upset over non-Indians appropriating Native American ceremonies, has filed a federal lawsuit demanding prosecution of James Arthur Ray. The complaint (full text) in Oglala Lakota Delegation of the Black Hills Sioux Nation Treaty Council v. United States, (D AZ, filed 11/2/2009), cites to provisions in the 1869 Treaty of Ft. Laramie that provides:

If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.

The complaint explains that a wrong was committed on the Lakota's property because the Oinikaga sweat lodge ceremony is part of the Lakota's oral tradition which, according to the United Nations Declaration of Rights of Indigenous Peoples, Art. 31, the Lakotas have a right to maintain, control and protect.

Some Charge Anti-Semitism In Non-Renewal of Central Missouri University President

Last month the Board of Trustees of the University of Central Missouri voted 4-3 not to renew the contract of its president, Aaron Podolefsky. Now, according to yesterday's Kansas City Jewish Chronicle, some are asking whether anti-Semitism had anything to do with the Board's decision. Apparently much of the opposition to Podolefsky came from supporters of the University's athletic teams and particularly Gregg Hassler, part-owner and sports director of a local radio station that holds the contract to broadcast the University's football and basketball games. Hassler had already criticized Podolefsky's wife, an attorney, for filing a suit on behalf of six players against the local high school's girls' basketball coach charging discrimination and sexual abuse. Then the day after Podolefsky's ouster was announced, Hassler inaccurately accused him of ending a tradition of having a Christmas tree in the front yard of the President's on-campus residence. It turns out the cedar tree at issue was removed during the prior president's tenure. Those claiming anti-Semitism are pointing to the attitude reflected in Hassler's on-air remarks after the firing:

the thing that really upset me ... was, for years there was a Christmas tree lit at Selmo Park.... He stopped that. I mean I think every religion should be able to celebrate, uh, in their own way, but, I mean we do live in Warrensburg, Missouri. This is America. You know. Let’s bring that back....

Arizona Official Testifies On Loopholes In Tuition Tax Credit Law

Even though the 9th Circuit has stuck down as unconstitutional Arizona's program that grants tax credits to fund private-- mostly religious-- school scholarships (see prior posting), the state's attorney general and legislature are moving ahead on several fronts as if the program is still operational. The Arizona Republic reported yesterday that the attorney general is considering suing some of the non-profit School Tuition Organizations because they have not distributed 90% of the donations they have received, as required by the law. Assistant Attorney General Susan Myers also told a House legislative hearing on Thursday that some loopholes in the law should be closed. She urged barring donors from recommending who should receive scholarships from the funds they donate, requiring unspent funds to go to the state, setting income eligibility for scholarships, and requiring independent audits of School Tuition Organizations. Also a state legislator has asked the Internal Revenue Service to explore whether School Tuition Organizations violate the requirements of Section 501(c)(3) of the Internal Revenue Code. Meanwhile the Institute for Justice says it will ask the U.S. Supreme Court to review the 9th Circuit's invalidation of the scholarship program.

Westboro Baptist Church Turns To Anti-Semitic Picketing

Friday's USA Today reports on the shift in recent months by members of the Westboro Baptist Church from picketing funerals and government buildings with anti-gay signs, to picketing of Jewish events and institutions carrying anti-Semitic signs. Since April, members of the Topeka, Kansas Church-- often family members of its founder Fred Phelps--have targeted some 200 synagogues, Jewish community centers, campus Hillel buildings and Jewish events. This week they picketed the national meeting of the Jewish Federations of North America in Washington. One of the group's signs in Washington read "God Hates Jews," and a T-shirt worn by Margie Phelps read "Jews Killed Jesus." Purporting to explain their new tactics, Margie Phelps accused Jews of "carrying the water for the homosexual agenda." Experts say this new tactic is more about getting publicity than attacking Jews per se. Most Jewish organizations that have been targeted have decided not to conduct counter-protests at the same time, though some have used the attacks to mount subsequent interfaith events stressing more positive themes.

7th Circuit En Banc Upholds Cause of Action By Condo Owners Whose Mezuzah Was Banned

In an en banc rehearing in Bloch v. Frischholz, (7th Cir., Nov. 13, 2009), an 8-judge panel held that plaintiffs, who were Jewish condominium owners, could have a claim under two provisions of the federal Fair Housing Act for action by the condominium association in reinterpreting its rules to ban residents from placing mezuzot on their outside doors. The court held that if it can be shown that defendants acted with discriminatory intent, there would be a cause of action under 42 USC §3604(b) (anti-discrimination ban) and §3617 (ban on interference with fair housing rights), even though the discrimination occurred after the purchase of the condo units. Under Section 3604(b), there would be discrimination in the conditions of purchase because plaintiffs' in purchasing agreed to abide by conditions later imposed by the condominium board. In finding that the Fair Housing Act can support a claim for post-purchase discrimination, the eight judges rejected the 2-1 decision of a three-judge panel in July 2008. (See prior posting.) Today's Chicago Sun-Times reported on the decision.

Evangelist Tony Alamo Sentenced To 175 Years On Mann Act Charges

Evangelist Tony Alamo, a self-proclaimed prophet and church leader, was sentenced by an Arkansas federal judge on Friday to 175 years in prison and $250,000 in fines on ten Mann Act counts charging him with taking young girls across state lines for sex. AP reports that a hearing is scheduled in January on whether his five victims are entitled to restitution as well. Alamo purported to marry each of the five victims while they were minors. In sentencing Alamo, Judge Harry F. Barnes told him: "Mr. Alamo, one day you will face a higher and a greater judge than me. May he have mercy on your soul." FBI and Arkansas state troopers raided Alamo's Arkansas compound last year. (See prior posting.) Prosecutors will work with federal prison officials to prevent Alamo from controlling his ministry and its businesses from prison.

Friday, November 13, 2009

US Sues To Seize Iranian Funded Mosqes and Schools In 4 US Cities

Yesterday in New York, federal prosecutors filed a civil complaint against the Alavi Foundation seeking forfeiture of over $500 million in assets including not only bank accounts and an office tower in New York, but also Islamic centers housing mosques and schools in New York City; Rockville, Maryland; Carmichael, California; and Houston, Texas. The New York Times yesterday reported that the lawsuit alleges the Foundation for years has been secretly controlled by officials of Iran, including Iranian ambassadors to the United Nations. The Islamic centers and schools will be allowed to carry on their normal activities as the case proceeds. They merely need to post notices of the civil complaint on the property. It is rare for the government to seize houses of worship. It is not clear what the government will do with the properties if it succeeds in the lawsuit. Funding of the mosques and schools may be impacted sooner if the federal government seizes the New York office building whose rents contributed to their funding.

The forfeiture claim stems from allegations that the Alavi Foundation illegally funnelled millions of dollars of rental income to Iran's state-owned Bank Melli. It is illegal to do business with the bank in the U.S. under Executive Order 13382. The Executive Order blocks U.S. property of those who support proliferators of weapons of mass destruction. Bank Melli is among those that are listed by the Office of Foreign Assets Control as covered by the ban.

UPDATE: Today's Washington Post reports on federal marshals delivering notice that begins the seizure proceedings at the Islamic Education Center in Potomac, Maryland.

US Officials Repatriate Bible Taken By Nazis In Kristallnacht

Earlier this week, federal Homeland Security officials participated in a ceremony at the Holocaust Museum in Washington, D.C. at which a 16th century Bible that had been seized 71 years ago by the Nazis on Kristallnacht was returned to the Jewish community of Vienna. Earlier this year, Immigration and Customs Enforcement (ICE) officials discovered that the Bible was being offered for sale by a New York auction house. ICE and the U.S. Attorney's Office in New York notified the Bible's owner-- who lived in Switzerland-- of its origins, and the owner agreed to its seizure by U.S. officials so it could be returned to Vienna's Jews to whom it had been donated in 1908. A press release from the U.S. Attorneys Office for the Southern District of New York indicated that the return, on the anniversary of Kristallnacht, was the third time this year that U.S. officials have repatriated artwork or property stolen during the Holocaust. Haaretz yesterday reported on the Bible's return.

North Carolina High Court Upholds Fees On Homes In Methodist Development

In Southeastern Jurisdictional Administrative Council, Inc. v. Emerson, (NC Sup. Ct., Oct. 9, 2009), the North Carolina Supreme Court upheld the 1996 levy of annual service charges on property of homeowners in a development that was created 100 years ago by an arm of the Methodist Church. The development is a center for religious conferences and retreats as well as a private residential community. It includes 700 private homes plus a lake, meeting facilities, hotels, campgrounds and museums. Owners of two properties objected to paying assessed fees. Their deeds contained covenants providing that the land is held subject to community rules adopted from time to time by the Lake Junaluska Assembly. The court found the new service charges reasonable and enforceable, emphasizing that "the Assembly has existed for nearly a century and has spent that entire time purposefully developing its unique, religious community character."

Justice Edmunds, concurring, emphasized the unique nature of the Lake Junaluska Development. Justice Hudson, dissenting, argued that "the restrictive covenants at issue do not contemplate any affirmative financial assessment on defendants" and the unique religious community character of the development should be irrelevant. The Lincoln (NC) Tribune reports on the decision.

Islamic Party Will Run Local Candidates In Spain In 2011

World Bulletin reports today that "Rebirth and Union," Spain's first Islamic political party, is planning to run candidates in 2011 local elections. Head of the party, professor and former journalist Mustafa Barrach, says he is a moderate and supports Spain's constitution. The party is aiming not just at the 1.3 million Muslims in Spain, but also at immigrants who comprise 10% of Spain's population.

Australian Animal Rights Groups Dispute Ritual Slaughter Methods

In Australia, animal rights groups are criticizing a decision by federal and state agriculture ministers to allow ritual slaughter of animals without first stunning them to continue at four slaughter houses in the country. Nov. 10 and Nov. 13 articles in The Age report that the previous federal government two years ago ordered an investigation into the practice of Halal and kosher slaughtering of animals while they are still conscious. Authorities have agreed to release two scientific reports that have been written, and to engage in further consultations.

According to the Sydney Morning Herald last week, Princess Alia bint al-Hussein of Jordan, sister to King Abdullah II, has written Australian Prime Minister Kevin Rudd urging him to withdraw the exemptions currently held by the four Australian plants. She says that killing without stunning is not required by Islamic law and that permitting it in Australia could undermine efforts in the Middle East to require stunning of animals before slaughter. Only a tiny percentage of meat exported from Australia is killed without stunning, but industry sources are concerned that the exemptions will tarnish the image of the entire industry in Australia. Australia's Meat Trade News Daily says that Australia's Fletcher International Exports-- the largest halal seep meat exporter in the world-- has convinced its customers to accept meat that has been killed with prior stunning of the animals. [Thanks to Steven H. Sholk for the lead.]

South Carolina Gubernatorial Hopeful Defends Christian Prayer At Council Meetings

The Palmetto Scoop yesterday reported that South Carolina Attorney General Henry McMaster who is running in the Republican primary in June 2010 to become the state's next governor has released a web video strongly supporting the right of city councils to open their meetings with sectarian prayer. Referring to a suit brought by the ACLU on behalf of a Wiccan high priestess against the Great Falls, SC Town Council, McMaster said: "we told them that we would fight for them. As I have said, under the Constitution, you are allowed to pray the way you want to pray. If you want to pray to Jesus, which of course many people do, then that's the way that you ought to be allowed to pray." McMaster added: "one day, I believe the U.S. Supreme Court will recognize that they've gone off the deep end with their rulings against prayer...."