British Court Says Jewish School Can Admit Students On Basis of Religion

In Britain yesterday, a High Court judge upheld the policy of a leading government-funded Jewish school to give preference in admissions to "children who are recognised as being Jewish by the Office of the Chief Rabbi of the United Hebrew Congregation of the Commonwealth (OCR)." In R(E) v. Governing Body of JFS, (High Ct. QB Adm. Ct., July 3, 2008), three families were challenging the refusal of the Jewish Free School (JFS) to admit their children because they were not considered to be Jewish under Orthodox Jewish law. In each case, the child's mother had converted to Judaism. While normally the child of a Jewish mother is considered to be Jewish, in these cases for various reasons the mothers' conversions were not recognized as valid under Orthodox Jewish law. In the case of the lead plaintiff, the conversion had been performed by a rabbi in the Progressive movement. The court summarized the issue:

As will become apparent, the religious issue at the heart of this controversy – though not, I emphasise, a matter for determination by me – is the answer to the question, Who is a Jew? And, as will also become apparent, that is not a matter on which all those who conscientiously believe themselves to be Jews agree.

The main contention in the case by plaintiff was that JFS had engaged in racial discrimination in violation of the Race Relations Act 1976 since the determination of Jewishness was not based on belief or religious practice, but on ancestry. The court concluded, however, that

what one has here ... is at most discrimination on religious grounds between one part and another part of what the law recognises as a racial (ethnic) group, but ... not race discrimination.... [A] a policy which permitted preferences only on the basis of religious practice would prejudice religions, such as Judaism, which define membership exclusively by status and not by practice or observance.

Times Online reports on the decision. (See prior related posting.)

State Petitions To Get Medical Treatment For Amish Child

In Watertown, New York, the Department of Social Services has filed a petition in St. Lawrence County Family Court seeking to have a one-year old boy removed from his Amish parents and placed in foster care so he can receive medical treatment for his potentially fatal heart condition. WNYF TV News reported yesterday that Eli Hershberger needs open-heart surgery, but that his parents, Barbara and Gideon Hershberger, on religious grounds object to use of medical treatment and hospitals. The court has appointed the County Conflict Defender to represent the parents, and a guardian ad litem has been appointed to represent Eli's interests.

On a related issue, yesterday Religion News Service published an interview with Shawn Francis Peters, author of the book, When Prayer Fails: Faith Healing, Children and the Law. Asked to explain the theology behind various denominations' choice of prayer over medicine, Peters cited James 5:14 which reads: "Is any among you sick? Let him call for the elders of the assembly, and let them pray over him, anointing him with oil in the name of the Lord, and the prayer of faith will heal him who is sick, and the Lord will raise him up."

British Judge Says Sharia As Part of Arbitration Is OK

England's senior judge, Lord Chief Justice Lord Phillips, delivered a controversial speech on Thursday at a mosque in east London. The Mail reports that Phillips supported the possibility of using principles of Islamic Sharia law as part of an alternative dispute mechanism in family, marriage and financial disputes. He said in part: "'Those who are in dispute are free to subject it to mediation or to agree that it shall be resolved by a chosen arbitrator. There is no reason why principles of sharia law or any other religious code should not be the basis for mediation or other forms of dispute resolution." However, he said that any sanctions must be "drawn from the laws of England and Wales", so that severe physical punishment cold not be meted out by a Sharia arbitration panel. Opponents of the idea say, however, that this approach could disadvantage women.

Social Conservatives Adopt Declaration of American Values

A group of prominent social conservatives meeting in Denver this week adopted a "Declaration of American Values", whose introductory and concluding language use phrases from the Declaration of Independence. Its ten paragraphs focus on the right to life, marriage and family, parental rights, free exercise of religion, opposition to pornography, rights of private property (while acknowledging stewardship of the environment), right to own firearms, checks and balances so that the judiciary does not usurp power, a strong military and a fair tax system. Baptist Press yesterday reported that the attendees agreed to unite behind John McCain's presidential candidacy. Liberty Counsel's Mat Staver said that while McCain would not support all of the group's values, McCain would support more of them than would Barack Obama.

Belgian Court Says Patka Ban Violates Human Rights Convention

On Tuesday, according to Punjab Newsline, a Belgian court ruled that a uniform rule imposed by a public school, KTA Domein Speelhof, infringed the rights of Sikh students in violation of Art. 9 of the European Convention on Human Rights. The Hasselt Civil Court overturned the school's ban on Sikh boys wearing the Patka, finding that the school's ban on any head wear infringed on the Sikh students' right to practice their religion.

Santeria Adherent Fined For Animal Cruelty

App.com reports that in Spring Lake, NJ, Alain Hernandez was assessed fines and restitution fees totalling $900 after pleading guilty yesterday in Municipal Court to a charge of animal cruelty. Hernandez's mother is a Santeria priestess. Another Santero ritually killed a number of animals in a ritual designed to generate wealth. The Santero told Hernandez to put the carcasses in a wealthy community to get better results. That explains police finding chicken carcasses, dead fish, fruits and a dollar bill scattered on the beach at Spring Lake. Apparently no Free Exercise claims were raised by Hernandez.

9th Circuit Says California Law Does Not Ban Anti-Abortion Display Near Schools

The U.S. 9th Circuit Court of Appeals yesterday held that a California statute prohibiting anyone from disrupting a school or its pupils could not be applied to prohibit an anti-abortion organization from driving a truck around the perimeter of a middle school, displaying enlarged, graphic photos of early-term aborted fetuses. In Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Department, (9th Cir., July 2, 2008), the court held that First Amendment concerns would be raised if California Penal Code, Sec. 626.8 were read to apply to situations in which officials merely object that the content of speech is offensive to students. The court said the statute should be construed to apply only when disruptions are caused by the manner, rather than the content, of speech. However the court held that officers have qualified immunity as to plaintiffs' claim for damages because previously it was not clear that case law prohibiting a "heckler's veto" applied where the target audience is children. The court remanded the case for consideration by the trial court of injunctive relief.

In a press release reacting to the decision, the Center for Bio-Ethical Reform said: "We are grateful to God for granting the Founding Fathers the wisdom to create appellate courts which can rectify the mistakes of trial court judges.... The First Amendment means nothing if it doesn't mean the right to show people things they don't want to see."

2nd Circuit Rejects Capital Defendant's Challenge To Evidence About His Religious Beliefs

In United States v. Fell, (2d Cir., June 27, 2008), the U.S. 2nd Circuit Court of Appeals rejected the challenge by a defendant who had been sentenced to death to the introduction of evidence at penalty stage of his trial regarding his religious beliefs. The court found that testimony regarding defendant Donald Fell's interest while incarcerated awaiting trial in the Muslim and Native American religions, and his filing of grievances regarding participation in religious rituals, were relevant to whether or not Fell had successfully adjusted to prison. Testimony about Fell's past interest in Satanism was more troubling to the court. The court concluded, however, that it did not prejudice Fell sufficiently to call for a new trial, especially since the trial court had instructed the jury that it could not consider Fell's religious beliefs in rendering its verdict.

LAPD Officer Sues Department Claiming Religious Discrimination

Yesterday's Los Angeles Times reports that L.A. police officer Sgt. Eric Holyfield, who is also a pastor, has filed a religious discrimination lawsuit in state court against the Los Angeles Police Department and Deputy Police Chief Charlie Beck. Holyfield alleges that he was passed up for promotions and raises after he preached a controversial eulogy at the funeral of another police officer, Nathaniel Warthon Jr. Holyfield, dressed in black clerical attire, identified himself as a police sergeant and Warthon's supervisor as he spoke at the funeral. In his eulogy, he said that homosexual acts are "sinful" and would lead to condemnation in hell if there was not repentance. Holyfield quoted Biblical passages that condemn homosexuality. After the funeral, Deputy Chief Beck filed a formal complaint against Holyfield. Holyfield says that Beck's actions were motivated by "religious biases." The complaint in his lawsuit alleges that LAPD has "historically discriminated . . . and continues to discriminate against officers that cite from the Holy Bible."

Some Oppose Obama's Limit On Faith-Based Hiring In Funded Programs

Wall of Separation yesterday reported that a number of conservative religious leaders are unhappy with one part of Barack Obama's plans to expand President Bush's faith-based initiative. Obama announced his proposals in a speech in Ohio earlier this week. (See prior posting.) Obama will not permit faith-based hiring for the social service programs that receive federal funding. (See July 1, Columbus Dispatch report.) Jim Towey, former director of the White House Office of Faith-Based and Community Initiatives, said: "The reality is an Orthodox Jewish group ceases to be Orthodox if they have to hire atheists or Southern Baptists. What Senator Obama is saying is groups will have to secularize if they play ball with government and receive federal funding, and that flies in the face of what many small groups want." Southern Baptist Convention public policy spokesman, Richard Land, said: "If you can’t hire people within your faith community, then you've lost the distinctive that is the reason why faith-based programs exist in the first place."

Get Religion yesterday focused on the same concerns. It quotes an example from the blog Spiritual Politics : "You can certainly imagine situations where ... a relatively small church wants to hire a youth pastor but can only afford one half time, so wants to be able to make that a full-time position ... by making him head of the publicly funded after-school program. That’s not allowed (unless, of course, you open the youth pastor position to people of any religious persuasion). "

UPDATE: The July 5 New York Times surveys the debate over religious-based hiring by religiously affiliated social service providers receiving federal funds. It says that Obama's position implicates "deeper questions about religious freedom that could very well seal the fate not only of any new and potentially improved partnerships between government and religious groups but also even those partnerships that, in reality, had been operating for decades."

Proposed Iranian Law Would Treat Blogs That Promote Apostasy As Capital Offense

Khaleej Times reported yesterday that Iran's Parliament is set to debate a draft bill that would not only continue to punish apostasy and a number of other crimes with death, but would add to the list of capital offenses "establishing weblogs and sites promoting corruption, prostitution and apostasy." The draft bill also provides that the sentence in these cases "cannot be commuted, suspended or changed". Last year, Iran carried out 317 executions.

Former Texas Science Curriculum Director Sues Over Agency Policy On Creationism

An interesting lawsuit has been filed by Christina Comer, former science curriculum director of the Texas Education Agency (TEA). Yesterday's Dallas News reports on the suit filed in federal district court in Austin. Comer was forced to resign last year after she forwarded to a number of people an e-mail announcing a presentation by an author who is critical of intelligent design and creationism proponents. (See prior posting.) Comer's supervisors took the position that Comer had violated TEA's policy to remain neutral on the issue of teaching creationism as the Agency's review of the state science curriculum approached. The complaint in Comer v. Scott, (WD TX, filed July 2, 2008) asserts in part:

By professing "neutrality," the Agency unconstitutionally credits creationism, a religious belief, as a valid scientific theory. The Agency's policy is not neutral at all, because it has the purpose or effect of inviting dispute about whether to teach creationism as science in public schools.... The Agency's "neutrality" policy violates the Establishment Clause ... because it has the purpose or effect of endorsing religion.

The complaint asserts that Comer's constitutional rights were violated when she was fired for violating TEA's unconstitutional policy, and that she was also denied due process when TEA operating procedures were not followed in her dismissal.

EEOC Sues On Behalf of Sikh Job Applicant

The U.S. Equal Employment Opportunity Commission last week filed suit against a Texas company on behalf of a Sikh man who the company refused to hire. When Sukhdev Singh Brar, a certified security officer, applied for a position with Champion National Security and was called for an interview, he was told to shave and take off his turban. The EEOC suit, reported on by the Indo-Asian News Service, charges Champion National with religious discrimination.

Court Upholds Ban on 12-Foot High Cross In 4th of July Celebration

Yesterday a Virginia federal district court refused to grant a preliminary injunction against new regulations banning objects taller than 8 feet high at Chesapeake, Virginia's traditional 4th of July celebration in Lakeside Park. the celebration follows a parade. The Hampton Roads Virginian-Pilot reports that the challenge was filed by Steve Taylor, founder of Christian Rights Ministries. He wanted to display a 12-foot high cross at the celebration. At last year's celebration, the cross was allowed in the parade, but not in the park. At the court hearing on Tuesday morning, a Ministries member carried the cross on his back to the front of the courthouse and brought it into the court room. During the hearing, two defense attorneys held the cross up in front of the judge. (Minutes of court proceeding in Christian Rights Ministries v. City of Chesapeake, (ED VA, July 1, 2008)). [Thanks to Scott Mange for the lead.]

Appeal Filed In Photographer's Sexual Orientation Discrimination Case

Yesterday Alliance Defense Fund announced that an appeal was filed in a New Mexico state court seeking reversal of a controversial April decision by the state's Human Rights Commission. The Commission concluded that a photography company had violated state public accommodation anti-discrimination laws by refusing to photograph a lesbian commitment ceremony. Photographer Elaine Huguenin refused to provide photography services because moral, philosophical and Christian religious beliefs held by her and her husband are in conflict with the message communicated by the ceremony. (See prior posting.) In the appeal (full text of pleadings), the photography company claims that it is not a "public accommodation" under New Mexico's anti-discrimination laws that ban, among other things, discrimination on the basis of sexual orientation. The appeal also asserts that the Commission's decision violates the speech and religion protections in the U.S. and New Mexico constitutions and the New Mexico Religious Freedom Restoration Act.

Florida RFRA Challenge To Park Feeding Ordinance Dismissed

In First Vagabonds Church of God v. City of Orlando, 2008 U.S. Dist. LEXIS 49314 (MD FL, June 26, 2008), a Florida federal district court rejected a challenge under Florida's Religious Freedom Restoration Act (FRFRA) to Orlando's Large Group Feeding Ordinance. The Ordinance requires a permit to feed more than 25 people in a downtown city park, and limits any group to two permits in a 12 month period. First Vagabonds Church of God holds services every Sunday in Orlando's Langford Park, and sharing food is part of the service. The Ordinance effectively requires that the Church rotate its services among downtown parks, or hold them outside of the downtown area. The court held: "Clearly, the ordinance places a significant burden on FVCG's services. However, it does not rise to the level of a substantial burden as defined by FRFRA." Last week's Orlando Sentinel reports that other counts alleging restrictions on freedom of speech and assembly remain to be decided. The Orlando Sentinel also covered some of the testimony in last week's bench trial of the case. (See prior related posting.)

Florida's School Zone Safety Law Held Vague In Suit By Gideons Member

In Gray v. Kohl, 2008 U.S. Dist. LEXIS 49482 (SD FL, June 18, 2008), a Florida federal district court held that Florida's School Safety Zone statute is unconstitutionally vague insofar as it precludes anyone "who does not have legitimate business" to be within 500 feet of a school during school hours, or to loiter near campus. (Fla. Stat. Sec. 810.0975 .) The court permanently enjoined enforcement of these provisions. The lawsuit was filed by a member of Gideons International after members were prevented from distributing Bibles near a Key Largo (FL) school. However the court dismissed damage claims against the county sheriff, finding he was not liable for the arrest made by one of his officers, nor was he liable for failure to train his officers regarding enforcement of the School Safety Zone law. (See prior related posting.)

Church Required To Identify Some Members In RLUIPA Interrogatories

Christ Covenant Church v. Town of Southwest Ranches, 2008 U.S. Dist. LEXIS 49483 (SD FL, June 29, 2008) poses an interesting issue of a church's right to protect its membership list. Christ Covenant church filed a RLUIPA challenge to the denial of its zoning request. The Town of Southwest Ranches, Florida denied its application to build a new building on its property because of insufficient parking. The Church claimed that the denial burdened its religious exercise because its current space was insufficient for its programs. The town, in interrogatories, sought a list of all Church members, and the identities of those members whose religious exercise has been burdened by the zoning denial. The Church objected, asserting that furnishing the information would violate its First Amendment associational and religious rights.

The court held that while the church made a prima facie showing of infringement of its rights, the town had demonstrated a compelling need for the information in order to investigate the Church's claims. However, the court concluded that a narrower order would provide the town with relevant information. It ordered the Church merely to identify all members who have attended Church programming where they have had to stand, or have been denied admission, because of inadequate space, and members who have had to reschedule personal events because of space limitations. In addition, this information was placed under a protective order and was to be disclosed only to defendant's attorney. Finally any questioning of Church members whose names are furnished must be limited to factual questions about numbers of people in attendance, and may not involve inquiry into members' religious beliefs.

Court Rejects Ministerial Exception Defense In Firing of Pregnant Teacher

In Redhead v. Conference of Seventh-Day Adventists, 2008 U.S. Dist. LEXIS 49416 (ED NY, June 27, 2008), a New York federal district court, applying the 2nd Circuit's recent "ministerial exception" decision in Rweyemamu v. Cote, refused to grant defendant's motion for summary judgment in a Title VII pregnancy discrimination case. Plaintiff, an unmarried teacher at a Seventh-Day Adventist school, was fired after she became pregnant. The school claimed that she was dismissed because she violated its religious policy against fornication. Plaintiff, Jewel Redhead, argued that this was a pretext for pregnancy discrimination, and that the anti-fornication policy was not applied equally to men and women employees.

The court rejected defendant's "ministerial exception" defense, holding that "while certain statements in Cote can be read to foreclose a ministerial employee from ever being able to challenge his employer's stated religious motive for a discharge..., nothing in that decision ... supports extending a similarly absolute prohibition to secular employees such as plaintiff." The court went on to hold that an inquiry into the school's motivation in this cased would not violate the Establishment Clause because it could be made without calling into question the validity or truthfulness of religious doctrine. The decision reaffirmed the court's 2006 holding in the case, which it had agreed to reconsider in light of the recent 2nd Circuit decision.

NY High Court Rejects Attempt To Require Election At Hindu Temple

New York's high court yesterday rejected claims by dissident members of a Hindu Temple who wanted the court to remove the organization's old trustees, appoint a receiver and order new elections. In Matter of Venigalla v Nori, (NY Ct. App., July 1, 2008), the court held that Art. 9 of the Religious Corporation Law under which the Temple chose to incorporate provides for a self-perpetuating board of trustees. Provisions in organization's 1970 bylaws that called for election of trustees by the "General Body" were invalid because they were in conflict with the Religious Corporation Law. Moreover, the court said, the 1970 bylaws "have long been defunct". [Thanks to J.J. Landa for the lead.]

Obama To Support Expansion of Faith-Based Initiative

An advance text of remarks by Barack Obama to be delivered today in Zanesville, Ohio indicates that Obama will support expansion of President Bush's faith-based initiative. According to the AP: "Obama proposes to elevate the program to a 'moral center' of his administration, by renaming it the Office of Community and Faith-Based Partnerships, and changing training from occasional huge conferences to empowering larger religious charities to mentor smaller ones in their communities." Obama would also allow faith-based charities receiving federal money to make hiring decisions on the basis of religion, but does not support religious restrictions on aid recipients or use of federal funds to proselytize.

UPDATE: The original AP report was inaccurate in saying that Obama will support religious-based hiring. In the full text of his remarks, Obama says just the opposite:

Now, make no mistake, as someone who used to teach constitutional law, I believe deeply in the separation of church and state, but I don’t believe this partnership will endanger that idea – so long as we follow a few basic principles. First, if you get a federal grant, you can’t use that grant money to proselytize to the people you help and you can’t discriminate against them – or against the people you hire – on the basis of their religion. Second, federal dollars that go directly to churches, temples, and mosques can only be used on secular programs. And we’ll also ensure that taxpayer dollars only go to those programs that actually work.

Salon provides further coverage. [Thanks to Blog from the Capital for the lead.]

Russian Musem Officials Being Prosecuted For Religiously Offensive Art Show

In Moscow, the director and the curator of the Andrei Sakharov Museum and Community Center have been charged with inciting religious hatred because of its "Forbidden Art" exhibition held last year. France24 reports that vandals destroyed some of the art, claiming it is offensive to Orthodox Christians, but they were not prosecuted. The art (some of which is shown in the France24 story) often uses Jesus as a theme. For example, one piece superimposes Lenin's head on Jesus on the cross.

Australian State Imposes Rules For World Youth Day Conduct

Later this month, the 6-day long World Youth Day festival will take place in Sydney, Australia. Pope Benedict XVI will be in the country and will lead mass and conduct prayer meetings at the event. Today's International Herald Tribune reports that a regulation promulgated recently by New South Wales gives police and emergency services workers power to order anyone to stop behavior that "causes annoyance or inconvenience to participants in a World Youth Day event." It also bans conduct that obstructs the event or causes risk to the safety of others. Police already have similar authority at large sporting events, but Anna Katzman, president of the New South Wales Bar Association, criticized the new police powers. The provision is part of a broader World Youth Day Regulation 2008 promulgated by New South Wales governor on June 25. (The full text is published in the Government Gazette [scroll to page 5813]). The regulation also requires those selling various items during the festival-- including religious items-- to obtain a permit, and restricts planes carrying advertising banners over events.

Report Supports British Faith Schools

The Centre for Policy Studies, a British think tank, issued a controversial report (full text) this week titled: In Bad Faith: The New Betrayal of Faith Schools. The report's author, Christina Odone, concludes in her 41-page report:

Faith schools have been wrongly attacked for the wrong reasons. Political positioning has led the Minister of Education to denounce these schools. In so doing, he was stoking and validating a smear campaign, orchestrated by a strident secularist lobby, that has long plagued this sector....

The schools do not cream-skim pupils. The intake of Christian schools reflects a broader ethnic range than comprehensive schools in the same area. Faith schools do not turn away children in care..... The schools are not divisive.... Faith schools are not misogynist. Girls who attend Muslim schools are more than twice as likely to go on to higher education than those who attend secular state or independent
schools.

Faith schools do not charge parents for places.... The schools do not create a ghetto mentality.... Faith schools do not teach Creationism in science classes.... Faith schools have an excellent academic record, serve their local communities, and ground their students in a religious as well as the national identity....

[F]or low-income parents, these schools represent the only way their children can be taught the faith that their own family holds dear....For Muslims in particular, faith schools offer a bridge between their religious community and the wider secular society. For Muslim girls, they are the route out of a forced marriage, or their parents’ kitchen, and into higher education.... Quite simply, we need more, not fewer, faith schools.

Odone's report has been attacked by the British Humanist Association and by Ekklesia. (Ekklesia release.)

Dutch Will Not Prosecute Wilders For Anti-Muslim Film and Statements

The Dutch Public Prosecution Service issued a statement yesterday (full text) saying that right-wing politician Geert Wilders will not be prosecuted for a letter he wrote to a national newspaper urging that the Quran be banned in the Netherlands (see prior posting), nor will he be charged in connection with his anti-Muslim film, Fitna (see prior posting). The Prosecution Service's statement said in part:

The fact that statements are hurtful and offensive to a large number of Muslims does not necessarily mean that such statements are punishable. It is true that some statements insult Muslims, but these were made in the context of public debate, which means that the statements are no longer of a punishable nature....

Criticism of religion is not covered by the prohibition of discrimination, unless this criticism includes insulting conclusions about the adherents of the religion concerned.... [T]he Public Prosecution Service arrives at the opinion that neither the film Fitna nor Mr Wilders’s statements incite hatred against Muslims.

CBC News reports on the Prosecution Service's statement.

Epsicopal Bishop Urges Separation of Civil and Religious Marriage

The bishop of the Episcopal Diocese of California is urging that the state begin to follow the pattern of some European countries and separate civil marriage from religious marriage. Today's Sacramento Bee reports that under the proposal, every couple would first marry civilly, and then, if the couple wished, the marriage would be blessed by the church. This removes clergy as agents of the state in performing marriages. The proposal was triggered by the California Supreme Court's recent legalization of gay marriage. (See prior posting.)

Texas Sheriff Apologizes For Staff's Religiously Insensitive E-Mails

For the second time this month, Harris County, Texas, Sheriff Tommy Thomas apologized for e-mails sent by his staff. Yesterday's Houston Chronicle reported that Thomas appeared personally before the Islamic Society of Greater Houston to apologize for e-mails forwarded by Chief Deputy Mike Smith that offended Muslims. One used Muhammad's name to make a joke about eating pork; a second involved cartoons about Muslim terrorists. Last week other e-mails that were racist, insensitive or off color were revealed when a local TV station sued to prevent them from being deleted.

Employer's Proposed Accommodation Found Inadequate In Title VII Case

In Walker v. Alcoa, Inc., 2008 U.S. Dist. LEXIS 45684 (ND IN, June 9, 2008), a Title VII employment discrimination case, an Indiana federal district court held that Alcoa failed to reasonably accommodate a worker who refused to work on Sundays for religious reasons. The court held that while various accommodations were offered by Alcoa to employee Timothy Walker, none of them completely removed the religious conflict. The court said that factual disputes remain as to whether Walker's preferred accommodation-- a permanent guarantee of Sundays off-- would impose an undue hardship on Alcoa. The court, however, dismissed Walker's claim for intentional infliction of emotional distress.

Legal Peyote For Ceremonial Purposes Is Becoming Hard To Find

Yesterday's Brownsville (TX) Herald reports that peyote, used in ceremonies by members of certain Native American religions, is becoming more difficult to obtain. A special exception in federal drug laws-- 42 USC 1992a-- permits Native Americans to use the otherwise banned hallucinogen for traditional religious ceremonial purposes. Peyote grows naturally only in four south Texas counties, and traditionally it has been harvested by peyoteros who then sell it to Native American vhurch members. The DEA and the Texas Department of Public Safety supervise their work. However it has become more profitable for Texas ranchers to lease their land to oil developers or as hunting preserves, than to get fees from peyote harvesters seeking out the rare cactus. This is leading to over-harvesting of the remaining U.S. supplies. Church members believe they must use naturally growing peyote, so greenhouse cultivation is not an option. Mexico has a large supply of the cactus, but is unlikely to allow export because of U.S. pressure on it regarding illegal drugs.

President's Radio Address Focuses On Faith-Based Initiative

President Bush's weekly radio address on Saturday (full text) focused on last week's White House conference on faith-based and community initiatives. The President said in part:

Putting hope in people's hearts is the mission of our Nation's faith-based and community groups, so my Administration decided to treat them as trusted partners. We held these groups to high standards and insisted on demonstrable results. And they have delivered on those expectations.

Through their partnerships with the government, these organizations have helped reduce the number of chronically homeless by nearly 12 percent -- getting more than 20,000 Americans off the streets. They have helped match nearly 90,000 children of prisoners with adult mentors. And they have helped provide services such as job placement for thousands of former inmates. Faith-based and community groups have also had a powerful impact overseas.

Russia's Supreme Court Holds Sunday School Need Not Get State License

Forum 18 today reports that Russia's Supreme Court earlier this month issued an important decision protecting religious organizations. In a June 10 opinion, the court reversed a Smolensk Regional Court that had closed down a Methodist congregation for operating a Sunday school without an educational license. Holding that the lower court's decision was "unlawful and without foundation", the high court concluded that the Sunday school is not covered by either the 1992 Education Law or state education regulations, and so does not require a state licence. However confusion remains over which religious schools-- particularly adult programs-- do require licensing. An Education Ministry official, Yelena Romanova, had previously indicated that no license is required if an educational program results in merely internal qualifications.

Recently Available Prisoner Free Exercise Cases

In Bennett v. Goord, 2008 U.S. Dist. LEXIS 48925 (WD NY, Jan. 7, 2008), a New York federal magistrate judge recommended dismissal of sex offenders' unusual free exercise claim. Plaintiffs argued that the prison counseling program's requirement that they acknowledge their guilt to avoid losing good time credits violates their free exercise rights by "compelling them to recant the truthful testimony they proffered under oath at their trials, where in they placed their hands on the Bible and swore to tell the truth, will subject them to eternal damnation."

In Lombardo v. Holanchock, 2008 U.S. Dist. LEXIS 48753 (SD NY, June 25, 2008), a New York federal district court held that it was reasonable for the defendants to believe that their challenged action was related to a legitimate penological interest. They had restricted a civilly committed offender's participation in one co-ed religious service.

In Maier v. Maurinac, 2008 U.S. Dist. LEXIS 48273 (D MT, June 24, 2008), a Montana federal district court accepted a magistrate's recommendation that a prisoner be permitted to proceed with his free exercise and RLUIPA claims (as well as his ADA claim). However his harassment and due process claims were dismissed.

In Barnes v. Missoula County Detention Facility, 2008 U.S. Dist. LEXIS 48271 (D MT, June 24, 2008), a Montana federal district court accepted a magistrate's recommendation that a Muslim prisoner's free exercise claim be dismissed, with leave to amend. Plaintiff needed to name as defendants the officials who allegedly denied his requests for a no-pork diet, a prayer rug, a kufi and a Qur'an.

In Christiansen v. Adams, 2008 U.S. Dist. LEXIS 47766 (SD IL, June 20, 2008), an Illinois federal district court set aside a prior default judgment against defendant in a case in which a prisoner claimed that officials interfered with his free exercise of religion. Plaintiff claimed officials failed to provide him with a diet and hygiene items that are free of animal products, forced him to attend programs that promoted Christianity and denied him space and time for his prayer and fasting rituals. Defendant originally failed to respond because when served, he no longer was employed by the Department of Corrections and thought that the state Attorney General's office would handle his defense.

Colorado Catholic Bishop Bans Clergy From Giving Political Contributions

The Ft. Collins Coloradoan reports today that Denver Catholic Archbishop Charles J. Chaput will issue a directive this week barring priests and deacons in his diocese from either endorsing political candidates or contributing funds to their campaigns. The ban applies to partisan political campaigns, and not to non-partisan electoral initiatives on issues such as abortion or immigration. Federal Election Commission records show that nationwide during the 2007-08 election cycle, nearly $100,000 has been given to federal candidates and to political parties by approximately 100 Catholic priests and deacons.

Court Says Religious Handbilling In Park Must Be Permitted

In Apple of His Eye, Inc. v. City of St. Louis, Missouri, (ED MO, June 24, 2008), a Missouri federal district court issued a preliminary injunction preventing enforcement of a city ordinance that prohibits distribution of literature in public parks. The lawsuit was brought by individuals who were prevented from handing out religious literature and expressing their religious beliefs during the 2006 gay pride festival held in St. Louis' Tower Grove Park. The court held that: "enjoining the enforcement of § 22.16.100, thereby allowing Plaintiffs to distribute their religious literature and express their religious views in a City park, does not significantly impinge on the public interest, as long as the City retains the authority to enforce other Code provisions which are content-neutral reasonable time, place and manner restrictions, in order to maintain public safety and order." The court also enjoined enforcement of a provision making handbill distributors responsible for proper disposal of the handbills within a 100 foot radius of their distribution. Alliance Defense Fund issued a release on the decision on Thursday.

Moderate Muslims In India Worry About Growing Radicalism

Today's Washington Post reports on the concern among moderate Muslims in India about the growth of stricter forms of Islam in the country. Many of India's Muslims are Barelvi Sunni who are also followers of Sufism, a movement seen as blasphemous by more traditional Muslims. Some moderate mosques have taken to posting signs listing the names of stricter Islamic groups whose followers are not welcome in the mosque. During the past ten years, at mover than 30% of Barelvi Sunni mosques, more fundamentalist Wahhabi groups have contributed funds for repair and have slowly taken them over. In the background of this are a series of bombings during the last three years in India by radical Islamic groups.

Report Says Many Prisoners Claim To Be Jewish To Get Kosher Food

The AP reported Friday on an Idaho prisoner who has been denied kosher food because he has not shown that he is Jewish. The article says that 20,000 inmates nation-wide are claiming to be Jewish without being able to show that this is the case. Gary Friedman, chairman of Jewish Prisoner Services International (JPSI), said that many of these inmates are seeking kosher meals because they offer more variety and are seen as more sanitary. He said that many prisoners "have paranoia about how their food is prepared." Apparently JPSI validates for institutions whether or not a prisoner's claim to be Jewish is accurate.

Origins of "Obama Is A Muslim" Rumor Are Traced

Saturday's Washington Post carries a long article tracing the origins of rumors that Barack Obama is a Muslim. The rumors were spread over the Internet, particularly through chain e-mails. Danielle Allen of the Institute for Advanced Studies, has traced the rumor to an article posted online in 2004 by Andy Martin who, at the time, was attempting to run against Obama for the U.S. Senate. Ted Sampley, a North Carolina man, published a similar article on his own website around the same time. Discussion of these on the Free Republic website discussion forums increased interest in the rumor. However, the exact identity of the person who began the chain of e-mails carrying the rumor has not been determined.

Trial Court Upholds Constitutionality of Virginia's "Division Statute"

In In re Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., June 27, 2008), a Virginial trial court judge upheld the constitutionality of Virginia's "Division Statute" against Free Exercise, Establishment Clause, Equal Protection and Takings Clause challenges. The statute permits the majority of a congregation to decide to which branch of a church its property will belong when there has been a "division" in the church. The court emphasized that the Episcopal Church could have avoided the possibility of a majority in a congregation breaking away and taking church property with it by titling the property in the name of a Bishop or other ecclesiastical officer of the parent church, but did not do so as to the eleven break-away congregations involved in this litigation. (See prior posting and background in Saturday's Fairfax (VA) Times coverage.) In its 49-page letter opinion, the court left open the question of whether the Division statute violates the Contract Clause of the Constitution by impairing contractual relationships between local congregations and the hierarchical church.

In a companion 14-page letter opinion, the court ruled on five other interpretive issues under the Division Statute, concluding that the court's role was merely to determine whether the congregational vote was "fairly taken", and not to consider other factors. It distinguished cases involving the withdrawal of a single congregation from an hierarchical church where there was not a "division" within the church. In an order accompanying the two letter opinions, the court asked for further briefs from the parties on certain remaining procedural issues.

Reports on the court's decision were published by the Washington Post and Episcopal News Service. (See prior related posting.)

US House Passes Resolution Supporting Gospel Music Heritage Month

On June 26, the House of Representatives passed by voice vote H. Con. Res. 370: Expressing Support for Designation of September 2008 as "Gospel Music Heritage Month". In its ten paragraphs extolling gospel music, the only mention of the religious nature of the genre is a paragraph that traces the history of gospel music to "multiple and diverse influences and foundations, including African-American spirituals ... and melodic influences from Irish folk songs and hymns," but saying that gospel music also "borrowed from uniquely American musical styles including ragtime, jazz, and blues". Most of the resolution focuses on the secular contributions of gospel music, such as: "beyond its contribution to the musical tradition of the United States, gospel music has provided a cultural and musical backdrop across all of mainstream media, from hit television series to major Hollywood motion pictures...."

Texas High Court Says Exorcism Claims Entangle Court in Religious Dispute

In Pleasant Glade Assembly of God v. Schubert, (TX Sup. Ct., June 27, 2008), in a 6-3 decision, the Texas Supreme Court yesterday rejected a lower court's award of damages to young woman for false imprisonment and assault by the senior pastor, youth minister and several members of an Assembly of Gods Church. The lawsuit grew out of psychological injuries suffered by then 17-year old Laura Schubert from a "laying of hands" on her to exorcise demonic forces from her. The court held that deciding the case would unconstitutionally entangle it in matters of church doctrine. the majority said:

We do not mean to imply that "under the cloak of religion, persons may, with impunity," commit intentional torts upon their religious adherents.... Moreover, religious practices that threaten the public’s health, safety, or general welfare cannot be tolerated as protected religious belief.... But religious practices that might offend the rights or sensibilities of a non-believer outside the church are entitled to greater latitude when applied to an adherent within the church....

The Free Exercise Clause prohibits courts from deciding issues of religious doctrine. Here, the psychological effect of church belief in demons and the appropriateness of its belief in "laying hands" are at issue. Because providing a remedy for the very real, but religiously motivated emotional distress in this case would require us to take sides in what is essentially a religious controversy, we cannot resolve that dispute.

Chief Justice Jefferson in a dissent joined by Justice Green and in party by Justice Johnson said:

After today, a tortfeasor need merely allege a religious motive to deprive a Texas court of jurisdiction to compensate his fellow congregant for emotional damages. This sweeping immunity is inconsistent with United States Supreme Court precedent and extends far beyond the protections our Constitution affords religious conduct. The First Amendment guards religious liberty; it does not sanction intentional abuse in religion’s name.

Justice Green also filed a separate dissent as did Justice Johnson. Today's Austin American-Statesman reports on the decision.

Muslim Physicist Files Suit Charging Energy Department With Discrimination

In Pittsburgh, (PA) yesterday, nuclear physicist Dr. Moniem El-Ganayni filed suit in federal district court charging the U.S. Department of Energy with religious discrimination in its suspension of his security clearance last December. The suspension cost El-Ganayni his job with Bettis Laboratory where he had worked since 1990. Yesterday's Pittsburgh Tribune-Review reported on the case. The Department of Energy has refused on national security grounds to disclose the reason for the security clearance suspension. El-Ganayni, a founder of the Islamic Center of Pittsburgh, says that the FBI and Energy Department have questioned him about his religious beliefs, his work as a prison chaplain, his political views on the Iraq war and speeches he gave at local mosques critical of the FBI. He says he was never questioned about security breaches or handling of classified information. The lawsuit also charges the security clearance suspension violated El-Ganayni's First Amendment free speech rights.

WI High Court Rules on Limitations Issues In Clergy Child Sex Abuse Case

In State of Wisconsin v. MacArthur, (WI Sup. Ct., June 26, 2008), a clergy child sexual abuse case, the Wisconsin Supreme Court held that sexual assault cases that occurred before 1989 are covered by the 6-year statute of limitations then in effect. It also held that the judge in a pretrial proceeding, not the jury at trial, decides whether the statute was tolled because the defendant was not a public resident of the state. Tolling need be shown only by a preponderance of the evidence. Yesterday's Minneapolis Star-Tribune reported on the decision.

President Speaks At National Hispanic Prayer Breakfast

Yesterday the President attended the National Hispanic Prayer Breakfast. In remarks (full text) he said: "Each of you here this morning is here to celebrate a simple and powerful act -- prayer to an Almighty God. You know the comfort that comes from placing our worries in the hands of a higher power. You know the humility that comes from approaching our Maker on bended knee. And you know the strength that comes from lifting our thoughts from worldly cares and focusing on the eternal." His wide-ranging remarks included references to his Faith-Based Initiative, to those serving in the military and to the struggle for human rights in Cuba. He concluded his remarks by thanking the attendees for their spiritual support, saying: "Being your President has been an unimaginable honor and a joyous experience."

9th Circuit Rules In Favor of Egyptian Copts Seeking Asylum

In Morgan v. Mukasey, (9th Cir., June 25, 2008), the U.S. 9th Circuit Court of Appeals reversed a decision by the Board of Immigration Appeals that had denied asylum to an Egyptian Coptic Christian couple and their three children. The immigration judge in the case found that the couple's testimony about their mistreatment in Egypt lacked credibility. The 9th Circuit concluded, however, that "the immigration judge’s negative credibility determination is fatally marred by the errors we have noted." The court also found due process denials as a result of the immigration judge's refusal to permit two of the couple's children to testify and his ignoring of a psychological report. The court also found significant problems with the fact that the government had lost its copy of the record in the case. The court remanded the case and suggested that it be assigned to a different immigration judge. Yesterday's Los Angeles Metropolitan News-Enterprise reports on the decision.

Britain Says Security Measures Limited By Muslim Religious Sensitivities

Today's London's Daily Express discusses a report issued by Britain's Department of Transport on experiments with security alternatives at Tube stations. Concluding that airport style screening is not feasible, the report urges reliance on sniffer dogs and x-ray, but says that use of these is constrained by religious sensitivities of Muslim passengers. Muslims consider dogs spiritually "unclean". According to the report, sniffer dogs should only come in contact with passengers' luggage, since their use is problematic for Muslims if the dogs make direct contact with passengers. In connection with x-ray screening, the report says that some female Muslims object to the use of a body scanner, seeing it as tantamount to being forced to strip.

White House Hosts Conference On Faith-Based Initiative

Yesterday and today the White House is hosting the "Innovations in Effective Compassion" National Conference, a meeting of over 1000 people interested in the federal Faith Based and Community Initiatives. In anticipation of the conference, OFBCI director, Jay Hein, held a press briefing (full text). Responding to a question about church-state issues raised by the program, Hein said:

I think really one of the stellar achievements of this initiative is that we've clarified ... what is allowable and what is not allowable, according to the First Amendment.... the President felt very strongly that it was wrong to just artificially close the door for those who were motivated by their private faith to perform a public service -- if they were creating these housing solutions for the homeless, and other important community outcome.

At the same time, we know that the First Amendment prohibits establishment of church, and so the President said very clearly that tax dollars are not to be used for spiritual mission -- only for secular mission; only for community service mission.

Yesterday as President Bush addressed the conference (full text of remarks), the White House issued a Fact Sheet on the Initiative. The President summarized the achievements of OFBCI:

we have helped level the playing field for faith-based groups and other charities -- especially small organizations that have struggled to compete for funds in the past. We've educated religious groups about their civil rights. We've made the federal grant application process more accessible and transparent. We've trained thousands of federal employees to ensure that government does not discriminate against faith-based organizations. We've ensured that these groups do not have to give up their religious character to receive taxpayer money.

The Justice Department has also released the text of Attorney General Michael B. Mukasey's remarks prepared for the conference. Describing the reexamination of federal policy represented by OFBCI, he said in part:

The Department of Justice has played, and will continue to play, a major role in that reexamination. In doing so, we built upon the principles behind Congress’s Charitable Choice laws and the Supreme Court’s First Amendment jurisprudence: that government must respect the essential character of faith-based providers; that no one needing help may be turned away because of his or her religion and that no one may be forced into religious practices; and that directly-awarded government funds must be spent on social services, not on religion.

UPDATE: Jim Towey, former director of the White House Office of Faith-Based and Community Initiatives,writes a column in the June 28 Washington Post setting out questions on the future of the faith-based initiative that he believes should be asked of the Presidential candidates.

Group Challenges July 4 Religious Broadcast Interview With Army General

Yesterday's Kansas City Star reported that the Military Religious Freedom Foundation is objecting to a portion of a program scheduled to be re-broadcast on July 4 and 5 on the Trinity Broadcasting Network. MRFF says that 20 minutes of the 2-hour "Red, White and Blue Spectacular" starring Christian singer and evangelist Carman may violate a prohibition against uniformed military officers endorsing specific religions. The program, originally produced in 2003, includes an interview with Army Lt. Gen. Robert L. Van Antwerp, in uniform, introduced as president of the Officers Christian Fellowship and talking in part about his Christian religious faith. MMRF has posted online a video of the relevant portion of the broadcast.

Borough To Sue Churches Over Cemetery Upkeep

The Borough Council in Palmyra, Pennsylvania voted Monday night to file suit in Lebanon County (PA) Court against two local churches in order to determine who is responsible for the upkeep of a local cemetery. The Harrisburg (PA) Patriot-News yesterday reported that Palm Lutheran Church and Trinity United Church of Christ, congregations that cared for the cemetery for 140 years, now disclaim ownership and say the borough should care for the cemetery that contains about 1,000 graves.

Court Hears Arguments on Restraining Order Barring Boy From Services

In Todd County Minnesota District Court, a hearing was held on Tuesday on a temporary restraining order that had been obtained by St. Joseph’s Catholic Church in Bertha (MN) to prevent congregant Carol Race from bringing her severely autistic 13-year-old son to church for Mass. Today's Wadena (MN) Pioneer Journal reports on the proceedings. The church alleged that Adam Race has engaged in highly disruptive conduct during services, including spitting, urinating, hitting a child and running out of church. The restraining order was obtained under Minn. Criminal Code, Sec. 609.748 allowing a person who is a victim of "harassment" to obtain a restraining order. Harassment is defined, in part, by the statutes as: "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect ... on the safety, security, or privacy of another."

Carol Race, representing herself in court, denies that her son's conduct was disruptive, and argues that the harassment statute unconstitutionally infringes on her son's right to assemble in a public place. The church argues that the parish has the authority to determine who comes onto its property. It also asserts that as a religious corporation it has exclusive authority to decide how its liturgy and religious business is conducted. Thomas Janson, attorney for St. Joseph's Church, argued that requiring the church to allow Adam Race in services would violate the church's free exercise rights protected by the U.S. and Minnesota constitutions.

ACLU Presses Naval Academy on Mealtime Prayer

Today's Baltimore Sun reports that the ACLU of Maryland is renewing pressure on the U.S. Naval Academy to end its long-standing practice of having one of its chaplains lead prayer before midshipmen eat their noon meal. Students stand at parade rest, and are asked (but not required) to bow their heads during the prayer. After receiving complaints from nine students, the ACLU wrote the Academy last month, saying in part: "The government should not be in the business of compelling religious observance, particularly in military academies, where students can feel coerced by senior students and officials and risk the loss of leadership opportunities for following their conscience." In a statement yesterday, Cmdr. Ed Austin said the Academy does not intend to change its practice, and is coordinating a response to the ACLU with the Department of the Navy. (See prior related posting.)

Tajikistan's Last Synagogue Destroyed In Urban Renewal Project

Truth News and Forum 18 this week both report on the destruction in Dushanbe, Tajikistan of the country's only remaining synagogue. This culminated legal steps begun in 2003 to clear land for construction of a new presidential complex, the Palace of the Nation. Last April, the Administrative Court of Dushanbe's Ismoiliy Somoniy District ruled that the synagogue must vacate its building. The building, which was nationalized by the Soviet Union in 1951 was being used free of charge under an agreement with the government signed in 1980. (Forum 18, May 2008). Apparently the community was offered land at the far edge of the city where it could build a new synagogue at its own expense-- something the Jewish community could not afford. When the synagogue destruction became inevitable, the Jewish community asked to be allowed to dismantle the building itself, but the remaining wall was bulldozed by the government when it became dissatisfied with the speed of the Jewish community's work. The loss of the synagogue has resulted in an end of Jewish worship services and of the Jewish community's food program for the poor and elderly. The Nani-Hayat (Bread of Life) Protestant Church is apparently next on the list to be torn down in the urban building project.

Justice Official Awarded Grant To Former White House Faith-Based Official

ABC News reported on Tuesday that the Department of Justice, under pressure from two senior Bush administration appointees, awarded a $1.2 million grant to an evangelical group and its consultant, a former White House official in the Office of Faith Based and Community Initiatives. The grant went to Victory Outreach and to a consulting firm run by Lisa Trevino Cummins who previously led Hispanic outreach for the White House's OFBCI. Career Justice Department staff questioned Victory Outreach's qualifications for the grant and thought the one-third going to Cummins for consulting was excessive. Ultimately Victory Outreach rejected the grant after its board decided it was too large a project to handle. The grant was awarded by J. Robert Flores, the Administrator of the DOJ's Office of Juvenile Justice and Delinquency Prevention. He is currentyl under investigation by the DOJ's Inspector General.

Reacting to the report (press release), Interfaith Alliance president C. Welton Gaddy said: "This incident of cronyism removes all doubts that the real mission of the faith-based initiative is to aid the Religious Right." [Thanks to Blog from the Capital for the lead.]

NY High Court Finds No Fiduciary Breach In Rabbi's Affair With Congregant

In Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, (NY Ct. App., June 25, 2008), New York's high court rejected a breach of fiduciary duty claim asserted against a well known Orthodox rabbi by a woman with whom he had a 3 1/2 year sexual relationship. Adina Marmelstein sued Rabbi Mordecai Tendler and his synagogue, claiming that when she came to Tendler for counselling, he suggested that having sex with him would "open her up to the world" and make her more attractive to men. The court's unanimous decision said:

Allegations that give rise to only a general clergy-congregant relationship that includes aspects of counseling do not generally impose a fiduciary obligation upon a cleric....

Although she contends that Tendler's ulterior motive for inducing the sexual relationship was the fulfillment of his own gratification, rather than the achievement of Marmelstein's goals, Marmelstein has shown only that she was deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests. In the absence of a prima facie showing that a fiduciary obligation was owed by Tendler, no cause of action can be maintained for an extended voluntary sexual affair between consenting adults, even if Marmelstein could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct (see Civil Rights Law § 80-a).

Yesterday's Newsday reported on the decision. [Thanks to J.J. Landa for the lead.]

Bush Meets With Vietnamese Prime Minister; Discusses Religious Freedom

President George W. Bush met at the White House yesterday with visiting Vietnamese Prime Minister Nguyen Tan Dung. In remarks (full text) after their meeting in the Oval Office, Bush said in part: "We talked about freedom -- religious and political freedom, and I told the Prime Minister that I thought the strides that the government is making toward religious freedom is noteworthy. And I appreciated the efforts that he and his government are making." NPR yesterday reported on the continuing concerns about Vietnam's human rights record. As reported by Reuters, in May the U.S. Commission on International Religious Freedom recommended that Vietnam be placed back on the list of "countries of particular concern" because of infringements on religious freedom. (See prior posting.) In 2006, the State Department took Vietnam off that list. (See prior posting.)

County Seeks State Department Views On Saudi Academy

The Fairfax County (VA) Board of Supervisors has voted to renew the lease of a former county high school building for another year to the controversial Saudi Academy, but subject to State Department approval. On Tuesday, NBC4 and the Washington Post reported that in a letter to Secretary of State Condoleezza Rice, the Board wrote: "As a local governmental entity, Fairfax County is not capable of determining whether textbooks, written in Arabic, contain language that promotes violence or religious intolerance, or is otherwise offensive to the interests of the United States." The Academy, operated by the Saudi government, has been strongly criticized by the U.S. Commission on International Religious Freedom that has pressed allegations regarding textbooks used in the school. (See prior posting.)

Lawsuit Challenges Georgia Restrictions On Sex Offenders As Church Volunteers

The Southern Center for Human Rights filed a federal lawsuit yesterday seeking a preliminary injunction to prevent implementation of an amendment to Georgia's sex offender law (GCA 42-1-15) scheduled to take effect July 1. The new law prohibits anyone required to register as a sex offender from volunteering at any church (in addition to the previously enacted ban on church employment of such individuals). The Motion for Preliminary Injunction (full text), claiming free exercise and due process violations, alleges:

The new statute ... intrudes upon core church functions and decisions. Under SB1, people on the registry cannot follow their faith's commandments to perform good works. And, despite a religious organization's own desires and decisions, it may not ever employ a person on the sex offender registry or ask such a person t volunteer as a choir member, serve on a church committee, or perform any other function. Even helping a pastor with Bible study or preparing a meal in a church kitchen will subject people on the registry to prosecution and imprisonment.

Plaintiffs also filed a Brief in Support of the Motion. The SCHR press release announcing the lawsuit contains links to other documents in the case as well. AP also reports on the litigation.

NJ Court Says Charitable Immunity Bars Slip & Fall Suit By Mother of Member

In Patterson v. Liberty Corner Presbyterian Church, (NJ App., June 24, 2008), the New Jersey Superior Court Appellate Division decided that the state's charitable immunity statute protects a church against a lawsuit by a non-member whose 17-year old son was a member and regularly attended Bible study at the church. Plaintiff Joan Patterson slipped on ice in the driveway of the church youth director's house while picking up her son from a youth meeting. The court held that plaintiff was a beneficiary to some degree of the works of the church by reason of her son's attendance, and so was barred from recovery by NJSA 2A-53A-7. Newsday yesterday reported on the court's 2-0 per curiam decision.

Amici File Briefs In "Seven Aphorisms" Case

In the past week, around a dozen amicus briefs have been filed with the U.S. Supreme Court in the case of Pleasant Grove City, UT v. Summum. (Links to full text of most of the briefs.) In the case, the 10th Circuit held that members of the Summum faith could put up a monument of their Seven Aphorisms in a city park that already featured a number of historical displays as well as a 10 Commandments monument donated by the Fraternal Order of Eagles. (See prior posting.) A joint brief (full text) for five groups supporting separation of church and state argues that the Court of Appeals erred in treating the case as a free speech case instead of one raising Establishment Clause issues. (ADL press release; AU press release.) A brief (full text) filed by Liberty Counsel argues that the city did not open a forum for everyone wishing to display a monument in the public park. (Press release).

Dobson Sharply Attacks 2006 Obama Speech

Yesterday, according to CNN, evangelical leader James Dobson used his radio show to sharply attack a speech made two years ago by Barack Obama. At issue was Obama's keynote address to the liberal Christian group Call to Renewal. (Full text of address.) In the long speech, Obama focuses on how religious people can bring their beliefs into public policy debates. Dobson accused Obama of using that speech to "deliberately distort... the traditional understanding of the Bible to fit his own world view, his own confused theology," saying that Obama is "dragging biblical understanding through the gutter." Here are links to audio of Dobson's full broadcast in which he refers to some of Obama's remarks as a "fruitcake interpretation of the Constitution." Obama, in turn, took issue with Dobson's criticisms. (AP).

University of South Carolina Settles Student Funding Litigation

A settlement has been reached in Christian Legal Society v. Sorenson, a case challenging the University of South Carolina's refusal to provide funding from student activity fees for recognized student religious groups. (See prior posting.) In Memorandum of Understanding signed June 20 (full text), USC agreed to revise University and student government policies to permit student religious groups to participate on an equal footing with other student groups in receipt of student funds. In turn, the Christian Legal Society agreed to drop its lawsuit without prejudice. An Alliance Defense Fund press release discusses the settlement. [Thanks to Isaac Fong for the lead.]

Israeli Chief Military Rabbi Given Sensitive Task As To Kidnapped Soldiers

The Chief Rabbi of the Israel Defense Forces, Brig. Gen. Avichai Ronski finds himself in the middle of a highly charged political situation. In July 2006, two IDF soldiers were kidnapped by Hizbullah in a cross-border raid from Lebanon. (Background.) Ever since, the fate of Sgt. Ehud Goldwasser and St.-Sgt. Eldad Regev has captured the attention of the Israeli public. Now amidst reports that a deal between Israel and Hizbollah relating to the two soldiers is in the offing, Rabbi Ronski has been given the task of deciding whether there is enough evidence to declare that Regev and Goldwasser-- currently listed as missing in action-- can be presumed dead.

Arutz Sheva reported yesterday that the IDF Chief Rabbi, as the military's highest religious authority, is generally the one given this task-- usually after intelligence services have concluded that individuals are not alive. However, Ehud Goldwasser's family may petition the High Court of Justice to prevent the IDF from beginning the process of determining whether the men should be classified as dead. Meanwhile, Haaretz says the fact that the men's files have been turned over to the Chief Rabbi signals that the deal with Hezbollah will not happen. It reports that intelligence officials object to releasing terrorist Samir Kuntar as part of the deal without resolution of the fate of a third missing Israeli, airman Ron Arad.

Michigan Supreme Court Will Not Review Witness' Religious Rights In Being Sworn

The Michigan Supreme Court in Donkers v. Kovach, 2008 Mich. LEXIS 1182 (MI Sup. Ct., June 13, 2008), denied leave to appeal a decision upholding the right of a witness to refuse for religious reasons to raise her right hand when being sworn in. (See prior posting.) However three judges dissented. In an opinion by Judge Markman they said: "plaintiff offered no explanation for her refusal to act in accord with the law other than vaguely claiming that she holds contrary 'religious beliefs'.... Even if factual developments established this as a bona fide "free exercise" claim, I would still not affirm the Court of Appeals, but rather would grant leave to appeal to determine under what standard such claims are to be evaluated in Michigan...."

6th Circuit Reverses Dismissal of Campus Evangelist's Claims

In Gilles v. Garland, (6th Cir., June 18, 2008), the U.S. 6th Circuit Court of Appeals vacated the lower court's dismissal of claims by Christian evangelist James Gilles who was was denied permission to continue a speech at Ohio's Miami University campus. University policy permitted him to speak only if he obtained an invitation or sponsorship from a recognized student organization. The court held that while this requirement "is nominally unambiguous ..., it includes no standards by which student groups are to judge requests in discharging the authority delegated them by the university... [and therefore] is facially vulnerable to due process challenge." The court also reversed the lower court's dismissal of Gilles free speech claim, holding that "we are loath to conclude that plaintiff undoubtedly can prove no set of facts consistent with his allegations that would entitle him to relief." A concurring opinion by Judge Moore argued that the majority did not need to reach the question of whether open areas on campus are limited public forums. The majority held that they are. (See prior related posting.)

U.S. Muslims Frustrated With Obama's Distance From Them

Today's New York Times reports that Muslim voters are disappointed at Barack Obama's hesitancy to reach out to Muslims. While Obama has spoken at churches and synagogues, he has not visited any mosques. He also asked Representative Keith Ellison, the country’s first Muslim congressman, to cancel a speech supporting him scheduled before the Iowa primary last December in a mosque in Cedar Rapids, Iowa. Muslims are also frustrated that while Obama keeps denying rumors that he is a Muslim, he has never said that there is nothing wrong with being a Muslim.

UPDATE: Last Saturday's Wall Street Journal carried an article on the same topic.

Israel High Court Refuses To Block Jerusalem Gay Pride Parade

Israel's High Court of Justice on Monday refused to block the gay pride parade scheduled to be held in Jerusalem on Thursday. YNet News reported yesterday that Jerusalem Mayor Uri Lupolianski had urged the court to ban the parade, saying: "Past experience shows that the parade greatly offends, deliberately and unnecessarily, the feelings of Jews, Muslims and Christians, who view its sheer existence, and the blatant manner in which it takes place, as a desecration of the holy city and of the values with which they were raised." However the court said that parade participants do not plan on provoking Jerusalem residents in any way. Haaretz, also reporting on the court's decision, said: "protests against the Gay Pride parade will be far less substantial than in previous years, especially because of the religious community's understanding that it is precisely their protest that grants so much publicity to the event and exposes their youth to the gay/lesbian community."

Consultant Sues Wisconsin Diocese After Pressure To Turn Over Confidential Data

Last Friday's Madison (WI) Capital Times reported on a lawsuit that was filed earlier this month in Dane County Circuit Court against the Catholic Diocese of Madison by Phoenix Fundraising Counsel of Madison. The lawsuit claims that the Diocese has failed to pay Phoenix $350,000 it owes for the firm's survey work in connection with a planned capital campaign to build a new cathedral. The paper reports that conservative Bishop Robert Morlino tried to pressure Phoenix CEO John Richert to turn over the names of priests who, in the survey, expressed concerns or complained about Morlino. Phoenix refused because it had promised confidentiality to those who participated in the survey.

Pew Forum Issues New Report On Religious Views of Americans

Today's New York Times reports on the Pew Forum's new U.S. Religious Landscape Survey. It finds that "most Americans have a non-dogmatic approach to faith. A majority of those who are affiliated with a religion, for instance, do not believe their religion is the only way to salvation." This report on Religious Beliefs and Practices/ Social and Political Views is the second to come out of data collected last year in a survey of 35,000 Americans.

Recent Prisoner Free Exercise Cases

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 46639 (WD WI, June 13, 2008), a Wisconsin federal district court stayed a decision on whether a prisoner could proceed with a RUIPA claim while he supplements his complaint to identify his religion, the religious item he claims to have been denied, and its relationship to his religious practice.

In Harvey v. Adams County Sheriff's Office, 2008 U.S. Dist. LEXIS 46390 (D CO, June 4, 2008), a Colorado federal magistrate judge ruled that a material factual dispute exists over whether an institution's vegetarian diet met a Muslim prisoner's religious needs. He also found that defendants did not show it was reasonable to deny Muslim inmates access to the institution's kosher diet-- in the absence of available Halal food. Plaintiff's rights under the 1st Amendment, RLUIPA and the equal protection clause were not violated, however, when officials failed to provide him a copy of Hadith -- a religious book or hold Muslim religious services.

In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 45901 (SDNY, June 12, 2008), a New York federal magistrate judge recommended granting of summary judgment to defendants in a case in which a prisoner asserted violations of his rights when he was denied kosher meals on four occasions during his transfer between institutions. The court also rejected his claim that his request to transfer institutions was denied on racial grounds. [Corrected].

In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 47544 (D ME, June 19, 2008), a Maine federal magistrate judge, after having earlier dismissed some of plaintiffs' claims for failure to exhaust administrative remedies (2008 U.S. Dist. LEXIS 47543), recommended that summary judgment be entered for defendant on claims by Native American prisoners regarding a shelter for their ceremonies, the right to have pow wows and feasts, the availability of a sweat lodge, and an entitlement to more funding. Much of the opinion criticizes counsel on both sides for their scanty presentation of facts and legal arguments.

Odinists Win Right To Group Worship In Prison

In an interesting prisoner free-exercise decision, an Indiana federal district court has ruled that the Indiana Department of Correction's policy banning all group worship for Odinists violates RLUIPA. In Hummel v. Donahue, 2008 U.S. Dist. LEXIS 47534 (SD IN, June 19, 2008), the court held that while the interest in maintaining safety and security is compelling, prison officials must do more than speculate that a religious practice will lead to problems. Here officials were concerned that white supremacists would claim to practice Odinism, but presented no concrete evidence to support this. Secondly, there were less restrictive alternatives than totally banning group worship. These included pre-approved scripts for worship services, increased training for correctional officers, pre-approved volunteers from outside to lead services, and research into solutions found by other prison systems. The court gave defendants 60 days to put a new policy for group worship by Odinists into place.

Church Sites Important In Success of Federal Fugitive Surrender Program

The Cleveland Plain Dealer reported yesterday that the success of Fugitive Safe Surrender programs is due in large part to the use of churches as surrender sites. Operated by the U.S. Marshals Service, the program "encourages persons wanted for non-violent felony or misdemeanor crimes to voluntarily surrender to the law in a faith-based or other neutral setting." A study by researchers at Kent State University to be released this week finds that 80% of those who surrendered say having the site at a church played an important role in their decision. An article in the Spring 2008 Kent State Magazine explores further the motivations of individuals who gave themselves up through the program.

Wrongful Death Suit Over Death of Jehovahs' Witness Girl Dismissed

In Canada, the Alberta Court of Queen's Bench in Calgary has dismissed most of the claims in a wrongful death suit by the father of a Jehovah's Witness girl who died from lukemia in 2002. Canwest News Service reported Saturday on developments in the suit by Lawrence Hughes against the the Watch Tower Bible and Tract Society of Canada and two lawyers who had represented his daughter Bethany. After Bethany became ill, Hughes changed his religious views and fought to get her medical treatment. Eventually a court ordered blood transfusions, over Bethany's objections. The lawsuit claimed in part that Bethany's lawyers gave her inaccurate information about treatment of her condition, and that they had a conflict of interest because Watch Tower Society was also their client. In dismissing the claims, the court said Hughes, who is appearing pro se, had little chance of success.

Legal Maneuvering Goes On In Suits Involving FLDS Trust

Yesterday's Deseret News reports that legal maneuvering continues regarding the United Effort Plan Trust (UEP), the body holding real estate of the Fundamentalist LDS Church. In 2005, a Utah court took control of the trust from former FLDS leader Warren Jeffs, reformed it, and appointed a special trustee to oversee it. (See prior posting.) Elissa Wall, a former FLDS member who testified against FLDS leader Warren Jeffs, has sued FLDS and the Trust alleging that when she was 14, they coerced her to marry her 19-year old cousin. The current UEP has asked the court to dismiss it as a defendant in Wall's lawsuit, saying it is not liable for actions of the old UEP trustees. Meanwhile UEP is still trying to get information about the management of the old UEP, and has subpoenaed documents taken in the recent raid of the FLDS Ranch in Texas, seeking information on FLDS assets that the Trust could recover.

Recently Available Scholarly Article of Interest

From SSRN:

• Lawrence McNamara, Catch the Fire Ministries v. Islamic Council of Victoria: Religious Vilification Laws in the Victorian Court of Appeal (30 March 2007).
• Patrick Parkinson, Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different, (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007 ).
• David N. Cassuto, Animal Sacrifice and the First Amendment, (in Animal Law and the Courts: A Reader, Taimie Bryant, David N. Cassuto, Rebecca Huss, eds., Thomson West, 2008.)
• Lawrence McNamara, Review of Neil Addison, Religious Discrimination and Hatred Law (Routledge-Cavendish 2007), (6(1) Entertainment and Sports Law Journal (2008)).

From SmartCILP:

• Jennifer S. Evans-Cowley & Kenneth Pearlman. Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning, 21 Tulane Environmental Law Journal 203-232 (2008).
• Pamela S. Karlan, Harris Lecture: Taking Politics Religiously: Can Free Exercise and Establishment Clause Cases Illuminate the Law of Democracy?, 83 Indiana Law Journal 1-20 (2008).
• Ashira Pelman Ostrow, Judicial Review of Local Land Use Decisions: Lessons from RLUIPA, 31 Harvard Journal of Law & Public Policy 717-760 (2008).
• Steven G. Calabresi, Render Unto Caesar That Which Is Caesar's, And Unto God That Which Is God's, Harvard Journal of Law & Public Policy 495- 504 (2008).

Grand Jury To Meet In FLDS Case; Jeff's Daughter May Testify

In Schleicher County, Texas tomorrow a grand jury will begin hearing testimony growing out of the state's raid earlier this year on the FLDS Ranch in Eldorado. Yesterday's Dallas News reports that searches on April 3 and 6 netted 1,000 boxes of evidence plus a number of DNA swabs from adult FLDS members. It appears that among the charges that the grand jury will investigate are claims of sexual abuse of minors. In that connection, the Deseret News reports that on Friday court-appointed attorney Natalie Malonis obtained a restraining order from Judge Barbara Walther to prevent FLDS leader Willie Jessop from having contact with her 16-year old client (and the client's mother). The 16-year old is a daughter of former church leader Warren Jeffs.

Attorney Malonis claims the girl is a victim of sexual abuse, and that Jessop is trying to coerce her to avoid a subpoena to testify to the grand jury. However on Thursday the girl wrote Judge Walther saying that she was not a victim of sexual abuse and is not pregnant. Church leader Jessop says that the court should appoint a guardian ad litem for the girl to argue in favor of the FLDS lifestyle. Attorney Rod Parker, who often speaks for FLDS, argued that the girl needs a new attorney because Malonis has a "dysfunctional relationship" with his client. (See prior related posting.)

9th Circuit Again Rejects Challenge To Cal State's Religious Studies Courses

In Lafreniere v. Board of Trustees of the California State University, (9th Cir., June 17, 2008), the U.S. 9th Circuit Court of Appeals summarily dismissed a claim that Cal State's use of taxpayer money to fund certain religious studies classes violates the Establishment Clause and California's False Claims Act. It concluded that the issues raised in the pro se appeal are identical to those it rejected in a 2006 decision.

Court Rejects Challenges To Permit Requirement For Homeless Shelter

In Family Life Church v. City of Elgin, 2008 U.S. Dist. LEXIS 47210 (ND IL, June 18, 2008), an Illinois federal district court rejected a series of challenges by Family Life Church to Elgin, Illinois requirement that it obtain a conditional use permit in order to operate a homeless shelter in its church building. It was eventually granted a permit, but sued challenging the 8-month delay it faced as well as the permit requirement. The court rejected the Church's free exercise and RLUIPA challenges, finding that "Elgin's zoning ordinances are facially neutral and generally applicable and ... have not saddled Family Life with a substantial burden." It also rejected the Church's Equal Protection challenge and its challenge under the "equal terms" and the "unreasonable limitations"provisions of RLUIPA. It rejected the challenge by a homeless man, also a plaintiff, to limitations on the length of time those from outside the city could stay at the shelter. Finally it rejected the Church's state RFRA claim and the homeless plaintiff's infliction of emotional distress claim.