Free Exercise Challenge To County Human Rights Code Dismissed As Moot

Arlington County Virginia's Human Rights Code (Code Chap. 31) prohibits discrimination on the basis of sexual orientation. Last year, Bono Film & Video, Inc. refused a request by Lilli Vincenz that it copy for her two videos about gays and lesbians. The family-owned company has a policy that it will refuse work that is inconsistent with its Christian and ethical values. Vincenz filed a complaint with the Arlington County Human Rights Commission. Initially it issued a decision finding that Bono Film and its owner had illegally discriminated against Vincenz. After Vincenz filed suit, the Commission reconsidered the decision and dismissed the case. Last week in Bono Film & Video, Inc. v. Arlington County Human Rights Commission, 2006 Va. Cir. LEXIS 194 (Cir. Ct. Arl. Co., Nov. 16, 2006), a Virginia trial court dismissed the suit that had been filed challenging the Commission's action. The court held that since no enforcement action had been taken against plaintiffs, they lacked standing to pursue the claim that Virginia law did not authorized the Commission to investigate sexual orientation discrimination claims. Their free exercise claims challenging the Commission's initial decision were found to now be moot. (See prior related posting.)

India's Supreme Court Will Consider Whether Superstition About 13 Is Religious

India's Supreme Court has agreed to review an unusual case in which a man from Kerala charges that superstitious avoidance of the number 13 by the government violates the India's secular constitution and is based on Christian ideas. His suit challenges the High Court of Kerala's decision not to have a Court number 13. Yesterday Reuters reported that the lower court held N.K. Chandramohan's suit was "frivolous" and fined him 10,000 rupees for trying to "malign" the court. But the Supreme Court on Monday said that "such superstitious behavior cannot be encouraged", and said it would hear the appeal soon.

Imams Removed From US Airways Flight For Suspicious Behavior

Six imams charge that they were unjustifiably removed yesterday from a US Airways flight that they had just boarded in Minneapolis. They were handcuffed and questioned by police and FBI agents before eventually being cleared. The Arizona Republic reports that the imams prayed in the airport waiting area before boarding the plane. On the plane, two of the imams asked for seat belt extensions, and one of them offered to give up his first class seat to another of the imams who was blind. All of this led a passenger to pass a note to a flight attendant saying the imams were acting suspiciously. Eventually the pilot, after conferring with ground personnel, decided that the imams should be removed from the flight. The Islamic civil rights group, CAIR, called for an investigation of the incident, and US Airways said it is looking into what happened.

Church of Norway Supports End of Official State Religion

The General Synod of the state Church of Norway has voted to support separation of church and state in Norway. Following on government hearings earlier this year (see prior posting), the synod voted 63-19 to end the 469-year tradition that made Lutheranism the official religion of the country. Today's International Herald Tribune reports that any change would require an amendment to Norway's constitution, and that requires action by two successive Parliaments.

European Rabbis To Set Up Divorce Enforcement Mechanism

The Rabbinical Centre of Europe based in Brussels is planning to set up a new mechanism to deal with husbands who flee to other countries in order to avoid orders of rabbinic courts in divorce cases. Under Jewish religious law, a woman may not remarry if her husband has not granted her a religious divorce ("get"). Many rabbinic judges are facing cases in which a husband who is ordered by the rabbinic court to grant his wife a divorce is instead moving to a distant Jewish community where his past is unknown. The European Jewish Press yesterday reported that now there are plans to set up a "Jewish Interpol" that will collect information from rabbinic courts throughout Europe and disseminate that information to leaders and rabbis in all Jewish communities. This will allow the Jewish community to which the person flees to pressure the husband to comply with the religious court decree. The proposal is expected to be adopted at a December conference of Jewish religious judges to be held in Brussels. The European Parliament has invited the judicial conference to hold some of its sessions in Parliament's judicial hall.

Homeland Security Poster Informs Screeners About Kirpans

On Monday, the U.S. Department of Homeland Security, in cooperation with the Sikh American Legal Defense and Education Fund (SALDEF), distributed a poster to 8,700 government facilities to inform security personnel and airport screeners about the Kirpan, a dagger worn by practicing Sikhs that represents the principle of upholding justice. Reports by DNA India and by the Washington Post yesterday indicate that while Sikhs cannot take their Kirpans into government buildings or onto flights, the poster hopefully will lead to Sikhs being treated more respectfully by security personnel in looking for a Kirpan and in any confiscation of the item.

D.C. Circuit Hears Conscientious Objector Case

The Army Times through an AP article reports that yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Aguayo v. Harvey (Case No. 06-5241), a military conscientious objector case. Agustin Aguayo, an Army medic, announced his conscientious objection to war just as his unit was being deployed to Iraq. Aguayo went AWOL in order to avoid deployment. He is now being held in detention by Army authorities in Germany. His side of the story is related on his website, which links to all the legal documents in the case.

5th Circuit Grants En Banc Review Of Bible Monument Case

Last week, the U.S. Court of Appeals for the 5th Circuit granted en banc review in Staley v. Harris County Texas, (Nov. 17, 2006). In August, a panel in a 2-1 decision in the case upheld an Establishment Clause challenge to a monument on the grounds of the Harris County, Texas courthouse. The monument, containing a Bible, honors a prominent Houston businessman and philanthropist. (See prior posting.) [Thanks to How Appealing for information on the decision.]

Australian Group Sues In Victoria Claiming Religious Vilification

In the Australian state of Victoria, a trial began Tuesday under Victoria's Racial and Religious Tolerance Act in a suit brought by a group known as Ordo Templi Orientis (OTO) who follow a religion known as Thelema, founded by the English poet and mystic Aleister Crowley. Today The Age reports that the case, filed in the Victorian Civil and Administrative Tribunal, accuses Dr Reina Michaelson and the Child Sexual Abuse Prevention Program of vilifying OTO by describing it on its website as a satanic cult that sacrifices children. Dr Michaelson said the article was published on the website "without her knowledge or consent or authority".

A Fuller Picture Of Marines, Toys For Tots and the Jesus Dolls

Recently the media has extensively covered a decision earlier this month by the U.S. Marine Corps Reserve Toys For Tots Foundation to turn down the offer of 4,000 Jesus dolls. Then the group apparently changed its mind. Here is more background on both decisions.

Toys for Tots was approved by the Secretary of Defense in 1995 as an official activity of the U.S. Marine Corps and an official mission of the Marine Corps Reserve. This, of course, would seem to make it a governmental entity subject to the constraints of the First Amendment. So when a Los Angeles company offered to donate 4,000 Jesus dolls that recite Christian scriptural verses, the Marine-affiliated program turned them down. (AP, Nov. 15.) It said that as a government entity, the Marines do not profess one religion over another. If they distributed the dolls in their usual manner, they might end up giving the Jesus dolls to Muslim or Jewish children. Indeed, Michael La Roe, director of business development for one2believe, a division of the Valencia-based Beverly Hills Teddy Bear Co., said that the dolls were intended to be "three-dimensional teaching tools for kids".

Extensive media coverage followed. The Rutherford Institute sent the Marine Toys For Tots Foundation a letter of complaint, saying that "the refusal of the dolls sends a sinister message that gifts with religious themes or messages are not suitable or are considered second-class by a prominent charity that is intimately associated with the United States government. Christmas is, after all, a holiday with a religious basis, and the birth of Jesus is the basis of the celebration for the vast majority of Americans. Those who wish to express that aspect of the Christmas season through their giving should not be turned away and discriminated against because of their religious beliefs." It pointed out that the dolls are offered unwrapped, so parents can decline them if they do not want them for their children.

Last Wednesday, Toys For Tots changed its mind and said it would take the dolls. (Los Angeles Times.) A release today by the Jewish War Veterans suggests that the Marine Corps' "reversal" was in fact a more nuanced decision than has previously been reported. Apparently the Corps has arranged for religious groups to distribute the dolls to Christian children. Unlike many other groups, the JWV congratulated the Marine Corps Reserve both for its initial decision to reject the dolls, and its later finding an appropriate way for them to be distributed.

Decisions On Nativity Scenes On Public Property Begin To Be Made

Yesterday, the Tippecanoe County, Indiana commissioners turned down a request by a group calling itself "The Reason for the Season" that it be permitted to place a Nativity scene on the county courthouse lawn this Christmas. Proponents argued that commissioners had made the courthouse lawn an "open forum" in recent years by permitting exhibits by various charities, according to today's Lafayette (IN) Journal & Courier. Commissioners created a policy in 1999 that they would control what is displayed on the courthouse lawn. Prior to that, Nativity scenes had been placed there. Now however they permit only displays officially sponsored by the county. Some residents attending the county commission meeting complained that the county had given in to the ACLU.

Meanwhile, today's Racine (WI) Journal Times reports that Racine City Council has approved a request by Robert Wortock, backed by a group of churches, that volunteers be permitted to contruct a Nativity scene on the city's Monument Square. Now, however, the Freedom From Religion Foundation has written Mayor Gary Becker arguing that in hosting a Nativity scene, the city is endorsing a religion. A Christmas tree sponsored by the Downtown Racine Corp. will stand near the Nativity scene, and the city will place a sign nearby extending "warm season's greetings to one and all." This presumably will satisfy the requirement that a Nativity scene, accompanied by secular symbols of the season, can be permissible on public property. Racine City Council is working on a policy that will make decisions on displays such as this an administrative matter that need not come before the full Council.

Indonesia Will Keep Religion On Identity Cards

Indonesia's House of Representatives and government have agreed to continue to list religion on identity cards of Indonesians, despite protests from many who say that the practice leads to divisiveness in the country. Asia News.it reported yesterday that this decision was made as part of a larger parliamentary debate on a civil registry bill. Indonesia permits only one of six religions to be listed, and this has led to discrimination against followers of other faiths. The permissible religious identifications are Islam, Catholicism, Christianity, Hinduism, Buddhism and Confucianism. [Thanks to Persecution.org for the lead.]

No Settlement Reached-- Michigan RLUIPA Case Moves Toward Trial

Today's Detroit Free Press reports that Lighthouse Community Church of God and the city of Southfield, Michigan failed to reach an agreement in an all-day facilitation hearing in U.S. District Court in Detroit yesterday. The city obtained an eviction order against the church for failing to have a certificate of occupancy for the office building it is using, and a state court upheld the city's position. This led the church to file a federal law suit alleging that the city violated the Religious Land Use and Institutionalized Persons Act. It says the city merely prefers a residential development in that area. (See prior posting.) However, the city argues the RLUIPA is unconstitutional does not apply to attempts to bypass city zoning laws.

Democrats Can Reach Out To Orthodox Jews, Leaders Say

The current New York Jewish Week that appeared last Friday carries an article analyzing opportunities that members of the new Democratic-controlled U.S. Congress have to broaden their coalition by reaching out to Orthodox Jews who have in recent years supported a number of items on the conservative agenda. Orthodox leaders say that members of the Orthodox Jewish community are swing voters, and have good working relationships with Democratic members of Congress as well as Republicans.

Somali Region Will Adopt Sharia To Replace Civil Code

BBC News yesterday reported that Mohamed Adde Muse, leader of the autonomous region of Puntland in northern Somalia, has agreed to introduce Islamic law to replace the region's current Western-based civil law system. The move appears to be directed at preventing a take over of the region by the Union of Islamic Courts that controls much of southern Somalia. [Thanks to Persecution.org for the lead.]

California Coastal Commission Approves Eruv

The California Coastal Commission last week approved for a three-year period a request by the Pacific Jewish Center in Venice to build an eruv along the beach from Santa Monica to Marina del Rey. Today's Los Angeles Times reports that the symbolic boundary that eases Sabbath restrictions for observant Jews, which consists largely of fishing line strung high off the ground between lampposts and sign poles, will also include inland areas in Santa Monica and Los Angeles. Streamers will be placed on part of the eruv to prevent the endangered bird, the least tern, from flying into it. Also the synagogue must develop a method for monitoring the impact of the eruv on the terns. (See prior posting). [Thanks to How Appealing for the lead.]

Organization Urges More Creches On Public Property

The Thomas More Law Center last week began a drive to increase the number of Nativity displays on public property this Christmas season. Announcing that it had reached an agreement with two Florida cities (Palm Beach Gardens and North Miami), the organization is urging its supporters to ask governments for permission to erect Nativity displays where they have not previously existed. Its release urging Christians to retake the public square says that a Nativity scene may constitutionality be displayed on public property so long as the display includes secular items, as well as in public forums such as parks.

Pakistan's High Court To Hear Arguments On Madrassa Grads In Legislatures

Pakistan's The News reports that today Pakistan's Supreme Court will hear arguments in an intriguing election case first filed in 2003. Under a 2002 order of Pakistan's Election Commission, any candidate for a seat in the national or in a provincial Assembly was required to hold at least a bachelor's degree be a university graduate. (Conduct Of General Elections Order, 2002, Sec. 8A.) In the 2002 general election, the Election Commission ruled that a Madrassa (Islamic religious seminary) certificate was the equivalent of a university diploma. The petition challenges that ruling and seeks to disqualify 68 Muttahida Majlis-e-Amal (MMA) members of the national and provincial Assemblies.

Australian State Eschews Ban On Religious Discrimination Under Christian Pressure

In the Australian state of South Australia, the attorney general has dropped a ban on religious discrimination from a proposed Equal Opportunity Bill that is now before the state's parliament. The Australian yesterday reported that mainstream Christian churches objected to the proposed provision, concerned that it would prevent them from criticizing other religions in their attempts to convert non-believers. Now the draft merely prohibits "discrimination on the ground of religious appearance or dress". Most other Australian states and territories already ban religious discrimination.

Recent Law and Religion Articles

From SSRN:

• Gareth T. Davies, (Not Yet) Taking Rights Seriously: The House of Lords in Begum v. Headteacher and Governors of Denbigh High School, on Religious Clothing in Schools, (Nov. 13, 2006).

• Patrick McKinley Brennan, The Decreasing Ontological Density of the State in Catholic Social Doctrine, (Villanova Law Review, Scarpa Symposium, Vol. 52, 2007).
  
  
• John Finnis, Religion and State: Some Main Issues and Sources, (American Journal of Jurisprudence, Vol. 51, 2006).

From Bepress:

• Edward R. Fluet, Mark J. Calaguas, and Cristina M. Drost, Legal Pluralism & Women's Rights: A Study in Post-Colonial Tanzania, (September 2006).

Recently published in law reviews (in part from SmartCILP):

• Symposium: Text, Tradition, and Reason in Comparative Perspective. Introduction by Adam Seligman and Suzanne Last Stone; articles by Michael Puett, Hanina Ben-Menahem, Silvio Ferrari, Asifa Quraishi, Christine Hayes, Asma Barlas, Yaakov Elman, Marion Holmes Katz, Arye Edrei, Shlomo Fischer, Steven D. Fraade, Paul W. Kahn, Ronald R. Garet and Jeremy Waldron. 28 Cardozo Law Review 1-332 (2006).

• Michael Stokes Paulsen, Is St. Paul Unconstitutional?, 23 Constitutional Commentary 1-5 (2006).

9th Circuit Dismisses Challenge To UC's Religious Studies Courses

The U.S. 9th Circuit Court of Appeals in LaFreniere v. Regents of the University of California, (9th Cir., Nov. 15, 2006), has affirmed the dismissal of an Establishment Clause challenge to the offering of religious studies courses by the University of California. In a short opinion, the court said that plaintiff failed to allege facts showing that the course offerings advanced a non-secular purpose, had the primary effect of advancing or inhibiting religion, and fostered an excessive government entanglement with religion.

A Call For More Diverse City Council Invocations In Lowell, MA

In Lowell, Massachusetts, the 40 year tradition of opening city council meetings with the Lord's Prayer is being questioned. Today's Boston Globe reports that an interfaith-- though largely Christian-- group of religious leaders wants Council to rotate its opening invocation between prayers representing each of the world's major religions-- Christianity, Judaism, Islam, Hinduism, and Buddhism. Lowell, which for many years was predominantly Catholic, now has a much more diverse population. The number of Buddhists, Hindus and Muslims is growing rapidly. Some city council members do not like the proposal. Council member Rita Mercier said: "They call us a melting pot. But if you melt something, you lose its identity." A subcommittee will meet to discuss the proposal this Tuesday, and will report to the entire council at the end of December. Meanwhile, some are suggesting a compromise: recite the Lord's Prayer at the beginning of each meeting, and a rotating prayer from another tradition at the end.

President Bush Attends Church In Hanoi

President George W. Bush and his wife, Laura, in Vietnam for a regional summit meeting, today attended Christian church services in Hanoi. After services the President spoke briefly (full text), saying in part: "it's our way of expressing our personal faith and, at the same time, urging societies to feel comfortable with, and confident in saying to their people, if you feel like praising God you're allowed to do so in any way you see fit." Last week, the U.S. State Department removed Vietnam from its list of most egregious violators of religious liberty. (See prior posting.) Today's India eNews covered the President's statement.

Los Angeles Pedophile Priest Claims Move Toward Trial

Yesterday's Los Angeles Times reports that after a three-year freeze imposed during settlement negotiations, a Los Angeles (CA) Superior Court judge has released more than 100 law suits against the Catholic Archdiocese of Los Angeles. This means that discovery may begin and trial dates can be set. The claims all involve allegations that 32 pedophile priests were sent to therapy and then transferred rather than being reported to authorities and parishioners. These cases comprise about 20% of the suits that have been filed. A number of the claims have already been settled or are nearing settlement. Also this week, in one of the cases the court ruled that plaintiffs could not gain access to 20 confidential documents containing psychiatric information about a priest in church personnel files.

Senate Condemns Iranian Repression of Baha'is

On Thursday, the U.S. Senate passed S. Con. Res. 101, a concurrent resolution condemning the repression of the Iranian Baha'i community and calling for their emancipation. The House of Representatives has already passed an identical resolution (H. Con. Res. 415). (See prior posting.)

One Establishment Clause Claim Survives After Second Las Cruces Decision

As reported last week, a New Mexico federal district court dismissed a lawsuit by school parent Paul Weinbaum claiming that the city of Las Cruces, New Mexico unconstitutionally endorsed religion by adopting as the city's symbol an emblem consisting of three crosses surrounded by a sunburst. However, on the same day it decided that issue, the court handed down a second decision that kept alive some aspects of the dispute over the display of Latin Crosses to symbolize Las Cruces. In Weinbaum v. Las Cruces Public Schools, 2006 U.S. Dist. LEXIS 83311 (D NM, Nov. 9, 2006), Paul Weinbaum challenged as Establishment Clause violations the Las Cruces schools' use of an emblem containing a sunburst and three crosses on maintenance vehicles; a sculpture depicting three stylized crosses displayed at the school system's regional sports complex; and the school board's policy on "Religion in the Curriculum".

In a lengthy opinion, the court found that neither the sculpture nor the school's curriculum policy violated the Establishment Clause. However it refused to grant summary judgment to the school board on the emblem claim. It said that the defendants, at least so far, had failed to produce any evidence on whether the predominant purpose in displaying the emblem was secular.

The court ended its opinion with an admonition similar to one at the end of its earlier opinion on the city emblem:

Mr. Weinbaum, a man of conviction, brought this suit hoping to make his community, a better, more welcoming, place. Sadly, it has come to the Court's attention that the opposite has occurred, that his child has been made to suffer for the position her father has taken. If that is true, or if, as a result of this decision it comes true, then shame on us all.

Christmas Food Tradition Trumps Inclusiveness In British School

The Yorkshire Post reports a story that shows how dedicated the British are to traditional Christmas fare. In a school in South Yorkshire, Head Teacher Jan Charters discovered that her attempt to be inclusive during the Christmas season was not appreciated by everyone. Twenty per cent of the students at Rotherham's Oakwood Comprehensive school are Muslims of Asian background. Charters proposed that the menu for the school's traditional Christmas lunch feature only chicken-- and that it be Halal so all students could feel comfortable eating it. She would have also offered as an optional side dish a sausage rolled in bacon-- which Muslim students could decline. However apparently traditional Christmas dinner in England features turkey. Parents, backed by Labour MP Denis MacShane, had a problem with requiring all the Oakwood students to eat Halal chicken. They said it would "undermine the traditional British Christmas". So Charters has given in to their request, and now there will be a choice of turkey, a vegetarian dish, or Halal chicken to celebrate the holiday.

South Carolina County May Repeal "Blue Laws"

Anderson County, South Carolina is one of 40 counties in the state that still have "blue laws". Residents may not buy anything except groceries and medicines before 1:30 p.m. on Sundays. However, according to today's Anderson Independent-Mail, every year (including this year) the city and county councils lift the Sunday shopping ban for the Christmas season. This move makes holiday shopping more convenient and lets local merchants compete with those in surrounding areas that can open earlier. Next week, Anderson County Councilman Michael G. Thompson plans to introduce legislation to eliminate the county's Sunday closing ban year-round.

Ohio High School Gives Independent Study Credit To Faith-Based Classes

Friday's Columbus Dispatch reports that an Ohio high school may have found a loophole in the constitutional ban against teaching of religion in public schools. Upper Arlington High School has approved independent-study academic credit for 25 students enrolled in an English and a History class that meet at a local Baptist church. Using Christian educational materials published by Veritas Press, the classes are not taught by public school teachers. Students pay for their own books and pay $600 tuition to cover teachers' salaries and class materials. School administrators say they have no problem with the courses so long as they teach the skills required by state standards. However, Rick Dickinson, general counsel for the Ohio School Boards Association, says he believes that independent-study classes are subject to the same Establishment Clause constraints as other courses taught in the public schools. [Thanks to Blog from the Capital for the lead.]

Satire Directed At Pope Troubles Italians

Sharp satire directed Pope Benedict XVI and his personal secretary, Msgr. Georg Gänswein, on Italian radio and television has provoked a good deal of criticism. Articles yesterday in the Catholic News Service and the New York Times recount many of the comic skits. Carlo Cardia, a professor of ecclesiastical law at the University of Rome, wrote in L’Avvenire (a newspaper owned by the Italian Bishops’ Conference): "Perhaps there is the secret intention to see if the church will respond like some Muslims responded to the satirical cartoons or to articles that criticize Islam, to then scream scandal."

Islamic Veil Continues To Spark Political Controversy

Wearing of veils and burqas by Islamic women continues to be a hot button political issue around the world. In the Netherlands on Friday, five days before national elections, Immigration Minister Rita Verdonk announced that the government plans to introduce legislation to ban the burqa and similar garments in public places. The New York Times reports the Dutch government is concerned that a terrorist might use such garments to get beyond security checkpoints.

Meanwhile, AFP reported today that in Egypt the powerful Islamic Brotherhood has called for Parliament to dismiss Culture Minister Faruq Hosni because of remarks he made critical of Islamization. In an interview published on Thursday, the Culture Minister criticized the growing number of women in Egypt who are wearing the veil. He said, "There was an age when our mothers went to university and worked without the veil. It is in that spirit that we grew up. So why this regression?"

The Montreal Gazette yesterday published an AP story, surveying the debate in the Muslim world, titled Veil or Not to Veil?.

House Praises Christmas Tree Industry

Back from its break for the November elections, the U.S. House of Representatives on Tuesday passed H.J. Res. 96 recognizing the important contribution of the live-cut Christmas tree industry to the United States economy.

U.N. Day Of Tolerance Brings Out Star Wars Fans

Yesterday was the United Nations International Day of Tolerance. Secretary General Kofi Annan released a message (full text) calling for countries to combat religious intolerance through both law and education. Meanwhile in England, two Star Wars film fans marched on the UN's London headquarters asking for the international body to recognize the Jedi Knights as one of the world's religions. One of the protesters, John Wilkinson called on the UN Association to change November 16 — the International Day of Tolerance — to the Interstellar Day of Tolerance. Reporting on this, The Sun says that in the 2001 United Kingdom census, 390,000 people listed their religion as Jedi Knights. This would make it the fourth largest religious group in Britain. The U.N.'s response to all of this was that they are not in the business of certifying religions. (The Raw Story).

First Muslim Congressman Gets Attention

The Houston Chronicle today says that newly elected Minnesota Congressman Keith Ellison is quickly becoming a national symbol in the Muslim community. As the first Muslim member of Congress, he is also receiving international attention. Ellison, who was born a Catholic, converted to become a Sunni Muslim while he was a student at Wayne State University in Detroit.

The State of Religious Freedom In Turkey Reviewed

Catholic News Service yesterday distributed a long article on the state of religious freedom in Turkey. The country's constitution guarantees religious freedom and a 1923 treaty guarantees religious minorities can operate religious and charitable institutions. However minority religious communities are not recognized as legal entities that can hold property, and restrictions on private religious higher education prevent opening of seminaries in Turkey. In order to maintain secularism in the country, the government exerts extensive control over Islam. It builds and funds mosques, hires Muslim prayer leaders, controls religious education and bans religious head coverings in public offices and universities. Pope Benedict XVI will visit Turkey at the end of this month, and it is expected that he will press for greater religious freedom for minority religions.

Mexican President's Visit To Bishop's Conference Is Controversial

Mexico's President Vincente Fox made an unprecedented visit yesterday to the plenary assembly of the episcopal conference of Catholic bishops being held in Lago de Guadalupe. Zenit reports that the bishops, responding to media criticism of the visit, issued a statement saying they wished to be of service to all of Mexico. Zenit says that another milestone in Church-state relations in Mexico will occur when President-elect Felipe Calderón talks with the bishops on Friday.

Bill To Mandate Teaching About Religion Introduced In Russia's Duma

In Russia, amendments to the Freedom of Conscience Act were introduced in the State Duma yesterday by Alexander Krutov, deputy of the Rodina (Motherland) faction. Kommersant today reports that the bill seeks to mandate the teaching of a course in Russian schools on the essentials of Orthodox culture. Russia's Education and Science Ministry opposes making the course mandatory. The course is now widely offered as an elective. (See prior postings 1, 2.)

Objector To License Photo Requirement May Sue For Injunction

In Martin v. State of Oklahoma, 2006 U.S. Dist. LEXIS 83015 (ED OK, Nov. 14, 2006), an Orthodox Jew who objected on religious grounds to having his photo taken sued for monetary and injunctive relief after the Oklahoma Department of Public Safety refused to renew his non-photo commercial drivers license. The court dismissed a number of the claims on 11th Amendment and qualified immunity grounds, but allowed plaintiff to proceed with his claim for prospective injunctive relief.

Religious Freedom Issues In Azerbaijan, Kazakhstan

In recent days, a number of stories have surfaced regarding the state of religious freedom in republics of the Former Soviet Union. In Azerbaijan, as representatives of the Muslim community participated in a conference to celebrate the country's commitment to religious tolerance (Today.az), Pravo reported that women studying at Sumgait State University were told that they would not be allowed into classes if they insisted on wearing headscarfs.

In Kazakhstan, authorities want to evict a cultural center belonging to the International Society of Krishna Consciousness (ISKCON). According to IndianMuslims.info, at a recent meeting held in Almaty the deputy director of the Kazakh government Religion Committee said that Hindus do not have a place in Kazakhstan.

Forum18 reports on two other incidents in Kazakhstan. One report says that fines are being imposed on members of the Tabligh Jama'at, an international Islamic missionary organization, for preaching in mosques that are not registered with the state. Another report says that a Presbyterian pastor in Kyzyl-Orda has been unable to renew his visa. The South Korean pastor who led a congregation for eight years was forced to leave the country because he conducted missionary work without registration.

How Far Can Professional Sports Go In Accommodating Religious Practices?

New York's Jewish Week today carries a long story about Benjamin Rubin, a 17 year old Orthodox Jewish hockey player for the Quebec Remparts. He made the team with an understanding that he would not play or practice on the Sabbath or Jewish holidays. This means that the left-winger will miss about half of the team's games this season. The article explores at length whether it is possible for professional sports teams to make the kind of accommodations required by practicing Jews like Rubin.

Lower House Of Pakistan Parliament Approves Change In Hudood Ordinance

Reuters yesterday reported that the lower house of Pakistan's Parliament has finally approved the Women's Protection Bill that places the crime of rape under the civil penal code, instead of solely under Islamic law. This means that it will no longer require testimony of four male witnesses to prove rape. In a concession to conservatives, the bill also imposes punishment of up to five years in prison for extra-marital sex. However, Islamist lawmakers walked out of Parliament before the vote on the amendments was taken, arguing that this change to the Hudood Ordinances will encourage free sex in the country. The upper house of Pakistan's Parliament must still approve the bill. Human rights activists in Pakistan have been pressing for total repeal of these laws, not just for their amendment. Spero News furnishes extensive background. (See prior related postings: 1, 2, 3. )

Church's Proposed Charter School Stirs Controversy

Today's Willamette Week Online reports on an interesting dispute in North Portland, Oregon over an application by Mount Olivet Baptist Church to create a publicly supported charter school, the Academy of Character and Ethics. Portland Board of Education leaders are concerned about the proposed school's financing, the sustainability of its leadership and the originality of its proposed curriculum. A number of parents, however have different kinds of concerns-- how the church's religious beliefs will influence the school's curriculum and atmosphere. The church's leaders have been known for their active opposition to gay marriage. School backers, however, say they will integrate character lessons into the curriculum in a completely secular manner. A school board subcommittee hearing on the charter application is scheduled for today.

En Banc Appeal Sought In Boise Homeless Shelter Case

The city of Boise, Idaho has petitioned for en banc review by the 9th Circuit Court of Appeals of a recent panel decision holding that the Boise Rescue Mission cannot conduct religious services at the homeless shelter that it operates on city-owned property. (See prior posting.) The panel also found that BRM's men-only policy for its shelter is facially discriminatory and likely violates the Fair Housing Act. Yesterday, KBCI News reported that critics say that the mayor and city council are making the homeless crisis worse by pursuing the appeal. They urge the city to operate a secular shelter for families in order to solve the problem.

Court Grants Churches Exemption From Minnesota Concealed Carry Law

Hennepin County, Minnesota District Judge William Howard on Tuesday issued a permanent injunction permitting churches to ban firearms from their property used for religious purposes, including parking lots and space leased to tenants, without complying with the elaborate notice requirements applicable to commercial establishments under Minnesota' concealed carry firearms law. The permanent injunction extends a temporary injuction issued by another judge last year. The decision says that freedom of conscience and association provisions in the state and U.S. Constitutions exempt churches from the statutory requirement to either post a specifically worded sign or give individual notice to people entering the building in order to exclude firearms. Instead churches can notify individuals of the ban in any way they wish to. This will allow Edina's Community Lutheran Church to continue to bar firearms with signs reading: "Blessed are the peacemakers. Firearms are prohibited in this place of sanctuary" instead of the language required in the statute. Reports by the Associated Press and the Minneapolis Star Tribune give details on the decision.

Arrests Made In Religious Worker Visa Scam

USA Today reports on the arrest of 29 immigrants, mostly Pakistanis, who are charged with posing as Muslim religious workers to qualify for special visas to enter the United States. The arrests in a number of eastern U.S. cities are part of an investigation into organizations that posed as religious groups and allegedly filed false visa applications for immigrants under the Religious Worker Program. That program permits religious organizations to sponsor immigrants with specific religious training and experience. Last July, the U.S. Bureau of Citizenship and Immigration Services said the Religious Worker Program was "historically considered to have a high fraud rate." This morning's Boston Globe reports that two imams from Boston-area mosques were arrested on charges of involvement with the visa scheme. Local Muslims expressed skepticism about the charges, suggesting that many of the immigrants were probably religious workers who had taken on additional outside employment to supplement their low salary as religious scholars.

Injunction Lets College Christian Group Keep Recognition While Issue Is Litigated

On Monday, a temporary injunction while litigation proceeds was issued by consent of the parties in InterVarsity Christian Fellowship-UW Superior v. The Regents of the University of Wisconsin System, (WD WI, Nov. 13, 2006). The order allows IVCF, while the lawsuit is still in court, to use religious criteria in selecting its leaders, and to impose religious-based rules of conduct on those leaders, without losing the benefits available to recognized student groups. Yesterday the Alliance Defense Fund issued a release discussing this development. (Also see prior posting.)

10th Circuit Hears Arguments In "Seven Aphorisms" Cases

Yesterday, the U.S. 10th Circuit Court of Appeals heard consolidated oral arguments in five cases in which the Summum church has sued the cities of Duchesne and Pleasant Grove, Utah, claiming that the church should be able to put up a monument containing its Seven Aphorisms next to Ten Commandment monuments in city parks. Summum v. Duchesne City was an appeal of a 2004 Utah federal district court decision (LEXIS) rejecting Summum's requests. The Salt Lake Tribune reports that Summum attorney Brian Barnard argued that city officials violated the church's First Amendment rights by favoring one form of speech over another. Subsequently however the city transferred the land on which the 10 Commandments monument stands to a private owner. The city says that now it has no authority to permit Summum to place a display on the property.

The Deseret News reports that a second case under review involved a similar refusal by the City of Pleasant Grove. (See prior posting.) Attorney Barnard said Pleasant Grove has allowed the Boy Scouts to put up a monument to fallen 9/11 firefighters near the Ten Commandments in the city park, but has rejected Summum's request.

New Jersey Teacher Brings Christian Views Into History Class

In Newark, New Jersey, a high school student has taped his history classes to show that teacher David Paszkiewicz, who is also a Baptist preacher, is using class to promote his Christian religious beliefs. Today's Newark Star-Ledger reports that Kearny High School junior Matthew LaClair has complained to school administrators about the class. CD recordings reveal Paszkiewicz telling students that if they do not accept Jesus, they belong in Hell. He has emphasized creationism and dismissed evolution and the "Big Bang" as unscientific. Paszkiewicz also told his students that dinosaurs were on Noah's ark. School Superintendent Robert Mooney said Paszkiewicz is "a wonderful teacher". He said he was aware of the issues raised by LaClair and that corrective action would be taken.

Christian Invocation At Florida City Council Again On Agenda

In Crystal River, Florida, Mayor Ron Kitchen opens every session of city council with an explicitly Christian prayer. Last June, two city council members who wanted to stop the practice and instead begin with merely a moment of silence were outvoted. But now, according to today's St. Petersburg Times, with a change in membership on City Council, the issue is again on the agenda for December's Council meeting.

Washington Think Tank Will Promote Science, Oppose Religion In Public Policy

Today's Washington Post reports that a group of scientists and supporters of church-state separation have announced the creation of a new Washington Office of Public Policy created by the Center For Inquiry Transnational. The office will act as a think tank supporting science-based decision making and humanistic values in U.S. public policy decision making. It will also become involved in litigation on issues of interest to it. At its press conference yesterday, the nonpartisan group was particularly critical of Bush administration policies on stem cell research, global warming, abstinence-only sex education and the teaching of intelligent design. The new office is part of an existing organization whose website describe its purpose as promoting and defending reason, science and freedom of inquiry. It is "interested in providing rational ethical alternatives to the reigning paranormal and religious systems of belief..."

Seminarian Wins Preliminary Injunction Permitting Picketing of Wal-Mart

Yesterday's Shreveport Times reported that on Monday a Louisiana federal district court granted a preliminary injunction barring the enforcement of three Natchitoches, LA ordinances against Edwin Crayton, a Christian seminary student who opposes gay marriage on religious grounds. Crayton wished to picket a Wal-Mart store in Natchitoches, believing that Wal-Mart supports gay marriage rights. However he was told that he needed a permit from the mayor and police chief in order to protest on a public sidewalk in front of the store. His lawsuit alleges (full text of complaint) that the city's permit ordinances are unconstitutional because they grant excessive discretion to the mayor and police chief, they are not narrowly tailored to further a legitimate governmental interest, and, in any event, he did not engage in a public gathering or open-air meeting-- the activities covered by the ordinances. The case is Crayton v. City of Natchitoches, Civ. Action No. 06-1946-A (WD LA, Nov. 13, 2006).

Today's 365 Gay reports that other Christian groups have also criticized Wal-Mart's LGBT diversity program, including its definition of an employee's "immediate family" to include a same-sex partner.

Rabbi At Center of RLUIPA Fight Profiled By Paper

Yesterday's Marin (CA) Independent Journal profiles Rabbi Lavey Derby, who is leading Tiburon, California's Congregation Kol Shofar in its RLUIPA battle over a permit for the expansion of the congregation's facilities. (See prior posting.) Rabbi Derby said, "We raised RLUIPA when it became clear the town was not understanding the real issues at stake here. They were good at understanding neighbors, but they weren't understanding the religious institution's stake here." Reflecting on the zoning controversy, Derby said: "I'm learning I'm becoming a more spiritually mature person through this experience."

UPDATE: The Nov. 16 Marin Independent Journal reports that Tiburon's Town Council has unanimously approved a set of compromise recommendations on the expansion of Kol Shofar synagogue.

Heir To Japan's Imperial Throne Presented At Shinto Shrine

The two-month old heir to Japan's imperial throne was presented yesterday at a traditional ceremony in a Shinto shrine on the grounds of the imperial palace. Prince Hisahito is the first male heir to the Chrysanthemum Throne born in 40 years. Reuters and Australia's Herald Sun report on the event.

South Africa's National Assembly Approves Gay Marriage Over Religious Objections

South Africa's National Assembly today approved by a vote of 230-41 (with 3 abstentions) a controversial Civil Unions Bill that would make the country the first in Africa to approve same-sex marriage. The bill permits marriage officials to refuse to perform a same-sex marriage ceremony on religious or personal grounds. (Voice of America).

African Christian Democratic Party leader Kenneth Meshoe condemned the action in religious terms. The Mail & Guardian reports that he called the passage of the bill the saddest day in Parliament's history. He said that God considered homosexuality "an abomination". He warned that voting in favor of same-sex marriage was a rejection of God's laws, and said that MPs who did so would face divine wrath. The National Council of Provinces also needs to approve the Bill for it to become effective. Last year, South Africa's Constitutional Court ruled that the 1996 Constitution's prohibition on sexual orientation discrimination guarantees the right of gay men and lesbians to marry. The court gave the government until December 1 to extend marital rights to all same-sex couples.

State Department Drops Vietnam, Adds Uzbekistan, As "Countries of Particular Concern"

Yesterday, the United States Department of State removed Vietnam from its list of "countries of particular concern" under the International Religious Freedom Act of 1998, according to the Washington Post. The move comes as President George W. Bush is about to leave for Hanoi for a regional summit. John Hanford, the U.S. ambassador at large for religious freedom, said that Vietnam has made significant strides in protecting religious freedom. This is the first time that a country has been removed from the list of those that engage in severe violations of religious freedom. At the same time, the State Department added Uzbekistan to its list.

UPDATE: Here is the transcript of the State Department's press briefing on its submission to Congress of 2006 Designations of Countries of Particular Concern. [Thanks to Blog from the Capital.]

Two Suits Are Filed Seeking VA Approval Of Wiccan Grave Markers

Following on a suit filed by the ACLU in September, yesterday Americans United for Separation of Church and State announced that it has filed two lawsuits seeking U.S. Department of Veterans' Affairs (VA) approval of the Pentacle as a permissible symbol on memorial markers of Wiccan veterans buried in national cemeteries. The VA has approved symbols of 38 other faiths, but has delayed for years a ruling on requests by families of Wiccan veterans.

In Circle Sanctuary v. Nicholson, (full text of complaint) two widows, along with two Wiccan organizations, are asking a Wisconsin federal district court to rule that the VA is violating the First and Fifth Amendments, the Religious Freedom Restoration Act and the Administrative Procedure Act by refusing to issue any decision on the Pentacle applications and by discriminatorily maintaining a list of government approved religions. The same parties also filed suit in the U.S. Court of Appeals for the Federal Circuit (full text of complaint) challenging the constitutionality of the VA's Emblems of Beliefs Rule that limits the religious emblems that can be placed on grave markers in veterans' cemeteries. The complaint charges that the rule violates the Establishment, Free Exercise, Free Speech and Due Process Clauses of the U.S. Constitution. The Associated Press yesterday reported on the cases.

Pakistan Province Again Tries To Enact Hisbah Bill

Yesterday, the Regional Assembly of Pakistan's North-West Frontier Province (NWFP) passed the controversial "Hisbah (Hasba)" or "Accountability" Bill creating an Islamic official, called a Mohtasib, to enforce Islamic values and etiquette. The bill also creates a "Hisbah Force", a corps of Islamic morality police, who operate under the direction of the Mohtasib. Spero News yesterday carried an excellent article on the tortuous history of the bill in the NWFP, and on the bill's provisions. Parts of a nearly identical bill passed last July were declared unconstitutional by Pakistan's Supreme Court. However, members of the Muttahida Majlis-e-Amal, a coalition of six Islamist parties, passed the bill again, angered over the bombing of an Islamic seminary last month.

Article 23 of the bill gives extensive jurisdiction to the Mohtasib's office. For example, he is to discourage exhibition of extravagance; discourage beggary; discourage employment of under-age children; remove unnecessary delay in discharge of undisputed civil liabilities; prevent cruelty to animals; prevent misuse of loud-speakers and sectarian speeches; discourage un-Islamic and inhuman customs; check indecent behavior in public places including harassment of women; protect rights of minorities and the sanctity of their religious places; eliminate un-Islamic traditions affecting the rights of women, particularly Honor killings; monitor weights and measures; eliminate bribery; advise those found to be disobedient to their parents; and mediate among parties and tribes in matters pertaining to murders and similar crimes.

Spero News reports that Pakistan's President Pervez Musharraf is highly unlikely to permit the governor of NWFP to sign the Hisbah Bill.

UPDATE: Pakistan's Federal Information Minister, Mohammad Ali Durrani, said on Tuesday that the NWFP's Hasba (Hisba) bill would again be referred to the country's Supreme Court if it appears to violate constitutional standards. The bill faces particular opposition from Pakistan's Christian community. (Asia News.it).

UPDATE: On Wednesday, a petition was filed with Pakistan's Supreme Court by Maulvi Iqbal Haider, chairman of Awami Himayat Tehrik, asking the court to restrain the NWFP governor from assenting the recently-passed Hasba Bill. (DAWN).

Michigan Supreme Court Hears Argument On Scope of RLUIPA

Yesterday the Michigan Supreme Court heard oral arguments in Greater Bible Way Temple of Jackson v. City of Jackson, a case raising the question of whether a church can invoke the protections of the Religious Land Use and Institutionalized Persons Act when seeking rezoning of property in order to build an assisted living apartment complex. The Associated Press reports that the city of Jackson's attorney, Gerald Fisher, argued that building housing for the general public and charging rent is a commercial, not a religious, enterprise. However the church's attorney, Mark Koerner, argued that providing housing for the disabled and elderly is central to the church's religious mission. (See prior related posting.)

Court In India Holds Reconverted Dalit May Claim Benefits

India's Constitution, in order to break down the traditional caste system in the country, grants special benefits to so-called "Scheduled Castes", i.e. low caste Dalits . Some Hindu Dalits have converted to other faiths. (See prior posting.) Asia News reports yesterday that the Madras High Court has ruled that a Dalit born to Hindu parents who had converted to Christianity is entitled to quota benefits of Scheduled Castes if he reconverts to Hinduism. However, Dalits who remain Christian have no right to participate in these government job (and other) set-asides. (See prior related posting.) The ruling came in the case of R. Shankar, who challenged the Tamil Nadu Public Service Commission's rejection of his appointment as a civil judge under the Scheduled Caste quota.

Brits Again Consider Religious Hate Laws In Wake of Griffin Acquittal

Last week in Britain, a jury in Leeds acquitted right-wing British National Party leader Nick Griffin of stirring up racial hatred. (BBC News.) At issue was a speech Griffin delivered in 2004 attacking Islam. Under the law as it existed at that time, stirring up racial hatred was a crime, but stirring up religious hatred was not. Griffin argued that his speech was aimed at Islam, and not at Asians as the government charged. (IC Wales.) Earlier this year, British law was amended to include stirring up religious hatred. However, it was watered down from the original proposal. It requires intentional conduct and merely abusive or insulting remarks are not covered. (See prior posting.) Now however, in the wake of the Griffin acquittal, some members of the government are suggesting that Parliament take another look at strengthening the religious hatred provisions. (BBC News.)

Texas Apache Holy Man Will Challenge Eagle Feather Restrictions

Today's Houston Chronicle reports on the difficulties being faced by Lipan Apache holy man Robert Soto who has been cited for possessing eagle feathers in violation of the Bald and Golden Eagle Protection Act. Since his tribe is not recognized by the federal government, he cannot legally obtain eagle feathers to use in ceremonies for his two Native American congregations. Fish and Wildlife Service Agents became suspicious when they saw an ad for a March 11 powwow. They showed up and charged Soto and his brother-in-law with illegal possession of golden eagle feathers. Soto's brother-in-law paid a $500 fine for wearing eagle feathers owned by Soto. Soto though plans to challenge the law, claiming that it infringes his religious freedom. Meanwhile he has been relegated to using turkey feathers at powwow ceremonies.

Israel's High Court Tells Prime Minister To Clarify Approach On Reform Conversions

YNet News reports that a 9-judge panel of Israel's High Court of Justice yesterday gave the Prime Minister one month to present a clear consolidated proposal for structuring a committee to examine recognition of non-Orthodox conversions to Judaism in Israel. The case was originally filed by the Israel Religious Action Center of the Reform Jewish movement. In response, the government announced the appointment of a committee headed by Prof. Yaakov Ne'eman to deal with the issue. But Supreme Court President Dorit Beinish said the announcement was vague and not serious, and so she issued yesterday's order.

This Week's Prisoner Free Exercise Cases

In Derby v. Worsham, 2006 U.S. Dist. LEXIS 81216 (ED MO, Nov. 6, 2006), a Missouri federal district court permitted a Wiccan prisoner to proceed with his claim that his free exercise rights were infringed when prison officials confiscated black candles and other ritual items, saying they were used in "darker worship styles".

In Modena v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 81205 (D MN, Nov. 3, 2006), a Minnesota federal district court rejected a prisoner's claim that federal law requiring the collection of a DNA sample from federal prisoners violates his right to the free exercise of religion.

In Fayson v. Earle, 2006 U.S. Dist. LEXIS 81567 (D DE, Nov. 7, 2006), a Delaware federal district court permitted a Muslim prisoner to proceed with her claim under the First Amendment and RLUIPA that she had been denied a Halal diet. However it granted summary judgment to defendants on plaintiff's free exercise, equal protection and RLUIPA claims that Muslims were denied adequate access to religious services and instruction.

In Miniero v. Craven, 2006 U.S. Dist. LEXIS 82315 (D ID, Nov. 9, 2006), a prisoner claimed that he was unlawfully required him to complete a religious-oriented rehabilitation program in order to be considered for parole. An Idaho federal district court denied the prisoner's request for a temporary restraining order, finding that plaintiff has now been offered the opportunity to participate in an alternative non-religious program.

In Borzych v. Frank, 2006 U.S. Dist. LEXIS 82289 (WD WI, Nov. 9, 2006), a prisoner who followed Odinism challenged the denial of his right to keep his Thor's Hammer emblem which he wore around his neck for spiritual protection. Prison authorities had banned the emblem because of its association with disruptive groups. A Wisconsin federal district court permitted plaintiff to proceed with his free exercise, RLUIPA and establishment clause claims challenging the prison's policy. It dismissed a number of other constitutional claims asserted by plaintiff.

Louisiana School Board's Litigation Fees Disclosed

2theadvocate.com today reports that the Tangipahoa Parish (Louisiana) School Board has spent $100,900 to fight two lawsuits against it. One challenged opening of school board meetings with prayer. (See prior posting.) The second was on behalf of a student teacher who claimed retaliation for reporting student prayer in elementary school classrooms. It is expected that part of the expenditures will be reimbursed by the school board's insurer. Anticipated net cost of the litigation to the school board will be $84,197. It will come from the board's self-insurance fund.

Recent Articles of Interest

From SSRN:

• Gregory A. Kalscheur, Moral Limits on Morals Legislation: Lessons for U.S. Constitutional Law from the Declaration on Religious Freedom, (Southern Calif. Interdisciplinary Law Jour., Vol. 16, Fall 2006).
  
• Timothy William Waters, Group Thinking: Antique Models of Community for Modern Religious Rights Regimes, (Oct. 31, 2006).
  
• Timothy William Waters, Reconsidering Dhimmah as a Model for a Modern Minority Rights Regime, (Oct. 31, 2006).

A revised version of Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations has been published by Practising Law Institute in Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2006.

Volume XXI, Number 2 (2005-2006) of the Journal of Law and Religion (Hamline University School of Law) has recently been published. It includes the proceedings from the American Association of Law Schools 2006 annual meeting on "Professional Responsibility and Religious Traditions", a "Law, Religion and Ethics Symposium", and other articles.

Recently published articles (in part from SmartCILP):

• Jamie Dycus, Lost Opportunity: Bush v. Holmes and the Application of State Constitutional Uniformity Clauses to School Voucher Schemes, 35 Journal of Law & Education 415-459 (2006).
  
• Vincent Phillip Munoz, The Original Meaning of the Establishment Clause and the Impossibility of Its Incorporation, 8 University of Pennsylvania Journal of Constitutional Law 585-639 (2006).
  
• Barak Medina, Enhancing Freedom of Religion Through Public Provision of Religious Services: The Israeli Experience, 39 Israel Law Review 127-157 (2006).
  
• The Role of Religion in Health Law and Policy Symposium. Foreword by William J. Winslade and Ronald A. Carson; articles by Janet L. Dolgin, Dena S. Davis, Leslie C. Griffin, Barbara A. Noah and Lawrence E. Singer. (Contents.), 6 Houston Journal of Health Law & Policy 245-377 (2006).
  
• Symposium: Law and Religion. Part Two of Two. Articles by Joan DelFattore, Richard F. Duncan, Steven G. Gey, Steven Goldberg, David A. Skeel, Jr. and William J. Stuntz. 8 University of Pennsylvania Journal of Constitutional Law 641-839 (2006).

Egyptian Court Protects Wearing of Niqab

Last week, an administrative court in Egypt ruled that Egypt's constitution protects the right of Muslim women to wear the niqab-- the veil that covers their entire face. AKI reported on Friday that Judge Abdel Qadeer Qandil, deputy president of the Council of State, signed a binding ruling on the issue holding that women wearing the niqab cannot be excluded entrance to buildings on that basis. American University in Cairo had asked for clarification on the issue. The University has banned women wearing the niqab from its library.

Government Files Appeal In Bald Eagle Protection Act Case

On Wednesday, federal prosecutors filed a notice of appeal to the U.S. 10th Circuit in United States v. Friday, a case in which a Wyoming federal district court found that the government’s implementation of the Bald and Golden Eagle Protection Act violated the free exercise rights of a member of the Northern Arapaho Indian Tribe. The Associated Press reported on the appeal, noting that the defendant could have been sentenced to up to a year in jail and a $100,000 fine for shooting a bald eagle for use in a tribal religious ceremony.

Maryland Prisons Will Offer Kosher Food

Maryland Governor Robert Erlich has approved a plan to serve kosher food in the state’s prisons to Jewish inmates requesting it, according to today’s Washington Jewish Week. About 200 of the state’s 26,000 prisoners are Jewish. The decision was made even though a federal judge last year ruled that the state did not have an obligation to serve kosher food, finding that the vegetarian diet that was available was a sufficient accommodation.

Comedian Loses In Suit Against Jews For Jesus

On Wednesday in Mason v. Jews for Jesus, Case No. 06 Civ. 6433 (RMB) (SDNY Nov. 8, 2006) [available on PACER- subscription needed], a New York federal district judge denied a preliminary injunction to comedian Jackie Mason who claims that Jews for Jesus misappropriated his image for advertising and trade purposes on a pamphlet it distributed seeking to convince Jews to accept Jesus as their savior. The suit was brought under New York's Civil Rights Act, Sec. 50-51 that protects the right to privacy. The court held that a reasonable reader of the pamphlet would not have thought that Mason endorses the views of Jews for Jesus. It held that newsworthy events or matters of public interest are not covered by the privacy statute, and that the distribution of the pamphlets was constitutionally protected speech. Yesterday WNBC reported on the decision.

Pedophile Priests Will Have Ohio Teacher Licenses Suspended

Today's Toledo Blade reports that Ohio's State Board of Education will revoke the teaching certificates of 5 current or former Catholic priests who have been disciplined by the Church for alleged child molestation. The priests were called to the attention of the Department of Education by a reporter when the Blade checked the names of priests publicly implicated in sex scandals with the Department of Education's online license database. The Board's usual monitoring and complaint mechanisms had failed to trigger suspensions earlier.

Rev. Moon Wins In German Constitutional Court

Today's International Herald Tribune reports the Rev. Sun Myung Moon and his wife have won a religious freedom challenge in Germany's Constitutional Court. German officials had denied visas to the couple in 1995 because they considered Moon's Unification Church to be a dangerous sect. A state court upheld the refusal in 2002, but yesterday Germany's highest court said that the government had not shown a threat to public safety, and the government had no right to impose its values on the religious group.

University of Wisconsin Sued By Catholic Group Over Recognition Requirements

Yesterday, the Roman Catholic Foundation at University of Wisconsin- Madison sued the university over its anti-discrimination policy that prohibits religious discrimination by recognized student groups. (Full text of complaint.) Only recognized groups have access to various university facilities and to grants from the University's student activity fees. Religious groups that wish to be recognized, in order to satisfy the non-discrimination requirements, must eliminate religious qualifications for its members and officers. The Foundation, represented by Alliance Defense Fund (release) claims that this violates various provisions of the First and Fourteenth amendments. (See prior posting.) Today's La Crosse Tribune reports on the lawsuit, which was filed in federal district court.

Challenge To Las Cruces Logo Rejected By Court

Yesterday in Weinbaum v. City of Las Cruces, New Mexico, (D NM, Nov. 9, 2006), a New Mexico federal district court dismissed an Establishment Clause challenge to the official symbol of the city of Las Cruces. Plaintiffs alleged that the city's adoption of the symbol, three crosses surrounded by a sunburst, amounted to an endorsement of religion. In a long opinion that extensively examines the Supreme Court's establishment clause jurisprudence, the history of the cross and of the city of Las Cruces, the court held that there is no indication that the city acted with a religious purpose in adopting and using its symbol. It found that "the Symbol
communicates the secular message that the City's name means 'The Crosses' and links the City to its historic roots." So "a reasonable observer of the Symbol would understand that the crosses represent, symbolically, this uniquely named geopolitical subdivision, rather than an endorsement of Christianity." Today's Las Cruces Sun-News reports on the decision.

Turkey Passes Religious Foundations Law, Partially Meeting EU Concerns

Turkey's Parliament yesterday passed the Religious Foundations Law that improves the rights of non-Muslim religious minorities in the country. Reuters reports that the European Union had pressed for Turkey to pass legislation, but this law still fails to provide compensation for religious groups whose property has been sold to third parties after being taken over by the state. Earlier this week, the European Union published a report that also called on Turkey to lift restrictions on the training of Christian clergy.

First Muslim Member Elected To U.S. Congress

The New York Times this morning reports that Muslims in the United States and overseas are applauding the election of the first Muslim member of the U.S. Congress. Keith Ellison, a Democrat, was elected to represent Minnesota's 5th district in the U.S. House of Representatives. The campaign had a religious element in it. Ellison's Republican opponent, Alan Fine (who is Jewish), said he was offended by Ellison's past support for Nation of Islam leader Louis Farrakhan. Ellison denied an link to Farrakhan, who is often seen as anti-Semitic. Ellison picked up the support of some Jewish groups in the campaign. Arab news reports say that Ellison will take the oath of office on the Koran.

UPDATE: Alan Fine tells me by e-mail that Ellison had the endorsement of only one Jewish organization, the American Jewish World newspaper.

Canada's Supreme Court Denies Review of Religious Mitigation Defense

The Supreme Court of Canada yesterday refused to hear the appeal of Adi Abdul Humaid, a devout Muslim, who claimed that his cultural and religious beliefs in "family honour"should be taken into account to give him a lighter sentence for stabbing his wife to death. The National Post today reports that Humaid's lawyer argued that his client was deprived of self-control by his wife's claim that she cheated on him-- a severe insult in the Muslim faith.

9th Circuit Enjoins Religious Services At City Financed Shelter

In Community House Inc. v. City of Boise, Idaho, (9th Cir., Nov. 9, 2006), the U.S. 9th Circuit Court of Appeals yesterday ordered a broader preliminary injunction that the district court had granted in a challenge to the terms under which the city of Boise leased property for use as a homeless shelter for men to the Boise Rescue Mission. The lease to the Christian social service group was for the nominal rent of $1 per year. The trial court had merely held that BRM could not condition the furnishing of homeless services on attendance at religious services. The Court of Appeals granted a broader injunction totally prohibiting chapel services and other religious activities at the Community House facility. It found that plaintiffs raised serious questions as to whether the BRM's religious activities at the publicly-financed Community House facility constitute governmental indoctrination of religion. KBCI News reports on the decision.

Lansing's Faith Based Office Outlines Plans

In Lansing, Michigan last week, the Mayor’s Office of Faith Based Initiatives-- formed in January-- finally outlined to City Council the detailed program it plans to pursue. City Pulse today reports that the program will try to reach out to all of the area's 500 churches, but Bishop David Maxwell who heads the new Office said that most participants will likely be from 30 to 40 urban congregations in Lansing.

Missouri State Settles Social Work Student's Lawsuit

Missouri State University has settled a suit filed against it by a social work student who claimed that action was taken against her after she refused for religious reasons to sign a letter supporting homosexual adoption as part of a class project. (See prior posting.) The Kansas City Star today reports that the University will clear former student Emily Brooker's official record of a grievance filed in the case, will pay her $9,000, and will pay her tuition and living expenses for two years of graduate social work study. The professor charged with improper action in Brooker's lawsuit has already stepped down as head of the school's MSW Program.

Church Autonomy Doctrine Leads Florida Court To Dismiss Workers' Comp Claim

A Florida state court of appeal yesterday held that under the church autonomy doctrine, civil courts may not review a Catholic Archdiocese's assertion that a workers' compensation claimant is an incardinated cleric and not an employee. In Malichi v. Archdiocese of Miami & Unisource Inc., (FL Ct. App., Nov. 8, 2006), the court held that determination of a priest's duties is a matter of the church's internal administration and government. The court said that it was not determining whether the First Amendment similarly precludes it from deciding a workers' compensation claim filed by a minister of a "congregational" or "presbyterial" church that does not have the same hierarchical structure and well-established body of canonical law as the Archdiocese.

Religious Objection In Court and Out Over Israel's Gay Pride Event

Today's Boston Globe reports on the continuing objections by ultra-Orthodox Jews in Jerusalem over tomorrow's planned gay pride march in Israel's capital city. In religious neighborhoods for the last week, ultra-Orthodox men have set trash on fire and thrown stones at police. They hope that the show of force will convince officials to cancel the march. Now ultra-Orthodox Jews are teaming up with Muslims to emphasize religious opposition to the event. Ultra-Orthodox Jewish pop singer Benny Elbaz has joined forces with a Muslim singer in a duet called "Jerusalem Will Burn!". And U.S. anti-gay activist Rabbi Yehuda Levin has traveled to Israel to join forces with Tayseer Tamimi, the head judge of the Islamic Sharia court in the West Bank, in opposition to the event. Last year an ultra-Orthodox man stabbed three people during Jerusalem's the gay pride march.

Meanwhile, according to today's Haaretz, planning has been complicated by the high security alert in Jerusalem following Israel's shelling in Gaza that killed 19 Palestinians. Yesterday Israel's High Court of Justice held a hearing on a challenge to the proposed march. Arutz Sheva says that the court will hand down its decision today in the challenge that was filed by rabbis and polticians. One of the rabbis broke into tears during the hearing.

Also the Vatican has expressed opposition to the march. Its envoy to Israel said: "The Holy See has reiterated on many occasions that the right to freedom of expression... is subject to just limits, in particular when the exercise of this right would offend the religious sentiments of believers."

UPDATE: The Associated Press reports that on Thursday, gay pride leaders cancelled their planned parade.

First Amendment Defense In Trespass Case Fails

In Commonwealth v. Cartwright, (MA Sup. Jud. Ct., Nov. 8, 2006), the Massachusetts Supreme Judicial Court yesterday rejected a First Amendment Free Exercise defense raised in a criminal trespassing case. Defendant, Pastor Scyrus Cartwright, formerly owned a building that he says he held "in trust for the use and benefit of the members of Lord and Christ Church, Inc." His wife received the property as part of a divorce settlement and she, in turn, conveyed it to Pastor Jewel Hardmon. The court upheld the jury's conclusion that Hardmon had legal control over the property.

Christian In-Patient Rehab Program Loses Zoning Suit In Florida

In Men of Destiny Ministries, Inc. v. Osceola County, 2006 U.S. Dist. LEXIS 80908 (MD FL, Nov. 6, 2006), a Florida federal district court rejected claims brought under both RLUIPA and the Florida Religious Freedom Restoration Act by a Christian residential drug and alcohol rehabilitation program that was denied a conditional use permit to operate in an area near St. Cloud (FL) zoned for residential use. The court found that the county's refusal did not impose a substantial burden on the organization's exercise of its religion since it is free to run its program in other areas of the County that are zoned appropriately or to operate through out-patient counseling rather than with an in-patient facility.

7th Circuit Rejects Church's Land Use Claims

Yesterday in Vision Church, United Methodist v. Village of Long Grove, (7th Cir., Nov. 7, 2006), the U.S. Seventh Circuit Court of Appeals rejected Free Expression, Free Exercise and RLUIPA challenges to a requirement that churches need to obtain special use permits to locate in Long Grove, Illinois. It also rejected the church's argument that the village's regulations violate the Establishment Clause by favoring existing religious institutions over new ones. It held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA, and that size restrictions imposed on the church did not substantially burden its exercise of religion. It rejected constitutional and statutory claims of unequal treatment and Vision Church's claim that it had a vested right to build under pre-existing zoning rules.

Opponents of Intelligent Design Prevail In Ohio School Board Races

In Ohio yesterday, in contests for five seats on the State Board of Education, four of the winners oppose the teaching of intelligent design in science courses. (Election results.) In District 7, the race in which the science curriculum issue was most important, Thomas Sawyer soundly defeated incumbent Deborah Owens Fink, who supported the Board's proposed standard and lesson plan for 10th-grade biology courses that called for a "critical analysis" of evolutionary theory. (See prior posting.) In District 2, John Bender defeated Intelligent Design supporter Kathleen McGervey. (See prior posting.) In Districts 4 and 8, the winners G.R. Schloemer and Deborah L. Cain both oppose the teaching of Intelligent Design in science classes. (McClatchy Tribune Business News; Canton Repository).

The Cleveland Plain Dealer this morning reports that the four candidates were backed by Help Ohio Public Education (HOPE), a group created by scientists who were upset at the Board's attempts to introduce intelligent design into science classes. HOPE specifically recruited former Akron mayor Thomas Sawyer-- the successful District 7 cnadidate-- to run. Only in District 3 did a supporter of Intelligent Design in science classes win election to the state school board. At least that appears to be the position of winner Susan M. Haverkos.

Can British Lawyers Wear Niqab?

The niqab-- or veil that some Muslim women wear to completely cover their face-- has again become the subject of controversy in Britain. This time the presiding judge of the Asylum and Immigration Tribunal is being asked to decide whether solicitor Shabnam Mughal can argue a case before the Tribunal dressed completely in black with a full-face veil leaving only her eyes visible. Today's London Telegraph reports that one of the Tribunal's judges, George Glossop, asked Miss Mughal on Monday if she would "kindly remove her veil to assist with communication". He said: "It will allow me to see your face and I cannot hear you as well as I would like." Mughal, who refused the request, says she has worn her veil while representing clients before tribunals in different parts of the country for two years. Today's Daily Express says that the case has now been referred to a senior High Court Judge, Sir Henry Hodge.

Virginians Pass Amendment To Permit Incorporation of Churches

The Associated Press reports that in Virginia yesterday, voters easily approved an amendment deleting from the state constitution a ban on the incorporation of churches. The section had already been held to be unenforceable as violative of the U.S. Constitution's free exercise clause. (See prior posting.)

Report Will Find Discrimination Against Muslims In India

The Inter Press Service News Agency reported on Tuesday that a report being prepared for the Indian government will find serious discrimination against Muslims. The Prime Minister's High-Level Committee on the Social, Economic and Educational Status of Muslims, chaired by a former High Court judge, Rajinder Sachar, is expected to report that Muslims, India's largest religious minority, face systematic exclusion in many areas of society. They are India's new underclass, lacking access to public services, education, social mobility and jobs.

Italy Proposes Ban On Niqab

Italy's Vice-Premier Francesco Rutelli says that the government will be proposing a change in Italian law to make the wearing of the niqab-- the full face covering worn by some Islamic women-- illegal. BBC News today reports that the move is partly a concern that current anti-terrorism laws that merely outlaw the wearing of masks in public are insufficient. But Prime Minister Romano Prodi has put forth a broader rationale: "You can't cover your face, you must be seen," he said. "It's important for society and for integration."

Tennessee County School Board Approves New Bible Course

In Wilson County, Tennessee, the school board which is already in court in a challenge to religious practices in its schools (see prior posting) has approved the offering of a new elective Bible course. WTVF Nashville today reports that most of the speakers at Monday's school board meeting said that the new course would violate requirements for church-state separation. The Board nevertheless adopted it, arguing that a prayer rally last month and comments at a recent work session show that a majority favor the move. Much will depend on the content and curriculum for the course-- matters which the Board has not yet begun to determine.

Many Will Vote Today In Church Buildings

As Americans go to the polls today, many people will find that their voting place is a church. Last week's Orlando Sentinel carried an interesting article pointing out that almost half of Volusia County, Florida's polling places are in houses of worship. The county has received few complaints about the practice. Nevertheless, Rob Boston of Americans United for Separation of Church and State, said:"Local governments should realize that not everybody is comfortable voting in churches. Generally speaking, a community center or a school would be better." However, as reported last month by ABC7 Chicago, many school parents object to use of schools as polling places because it allows strangers in without adequate security. Meanwhile, Volusia County, Florida's assistant supervisor of elections, Karen Harris, said that anyone who is uncomfortable about voting in a church can vote ahead of time or on election day at the county Supervisor of Elections Office.

Tennessee Teachers Lack Standing In Establishment Clause Case

In Smith v. Jefferson County Board of School Commissioners, 2006 U.S. Dist. LEXIS 80483 (ED TN, Nov. 2, 2006), a Tennessee federal district court held that three teachers who were dismissed when a state-run alternative school was closed for budgetary reasons lacked standing to bring an Establishment Clause challenge to the school board's contracting with a religious organization to provide alternative school services. In its decision last week, the court said that any injuries plaintiffs suffered resulted from the Board of Education's decision to select an outside third party to provide alternative services, regardless of whether that third party was a faith based organization.