Recent Prisoner Free Exercise Cases Mostly Focus On Prison Diets

In Mallory v. Winchester, 2006 U.S. Dist. LEXIS 90581 (ND IN, Dec. 12, 2006), an Indiana Federal district court dismissed a prisoner's claim that he was denied the opportunity to celebrate Ramadan. The court found that neither rude and hateful comments about Islam, nor the meal arrangements that were offered to plaintiff, violated his rights under RLUIPA.

In Blount v. Johnson, 2006 U.S. Dist. LEXIS 90979 (WD VA, Dec. 15, 2006), a Virginia federal district judge held that-- assuming he can prove a sincerely held religious belief-- denying a prisoner who is a member of the House of Yahweh access to the prison's common fare diet substantially burdens his free exercise of religion. The court rejected the magistrate judge's conclusion that officials are entitled to qualified immunity on the claim.

In Andreola v. Wisconsin, (7th Cir., Dec. 18, 2006), the U.S. 7th Circuit Court of Appeals affirmed dismissal of claims by an Orthodox Jewish prisoner that his free exercise and RLUIPA rights were violated when prison officials failed to provide him with kosher food meeting his strict standards and failed to permit him to supervise the preparation of his meals. The court also dismissed his claim that officials committed fraud by representing the food served to him as kosher.

In Hallford v. California Department of Corrections, 2006 U.S. Dist. LEXIS 92536 (ED CA, Dec. 21, 2006), a California federal district court held that a Buddhist prisoner had not exhausted his administrative remedies before he filed suit challenging the difficulties he experienced in attempting to gain access to a vegetarian diet in prison.

In the one recent case on another topic, in Smith v. Sears, 2006 U.S. Dist. LEXIS 92516 (SD OH, Dec. 21, 2006), an Ohio federal district court permitted a prisoner to amend his pending complaint to allege that forcing him to have his beard cut violated his rights under RLUIPA.

Congress Authorizes Diplomatic Privileges For Vatican's UN Mission

It is expected that President Bush in the near future will sign the Department of State Authorities Act of 2006, H.R. 6060. The bill was passed by Congress on Dec. 9. Section 7 of the Act authorizes the President to grant full diplomatic privileges and immunities to the Vatican's Permanent Observer Mission to the United Nations and its members. In a report yesterday, Catholic News Service quotes the bill's chief sponsor, New Jersey Rep. Chris Smith, as saying that the bill will strengthen the "mutually beneficial relationship" of the United States and the Holy See.

Morocco Journalists Face Prison For Article On Religious Jokes

The Committee to Protect Journalists reported yesterday that in Morocco, a magazine, its publisher and one of its reporters have been charged with denigrating Islam under Article 41 of Morocco's Press and Publication Law 2002 (background). The the weekly magazine Nichane has been banned because it published a 10-page article analyzing popular jokes about religion, sex, and politics. Driss Ksikes, the publisher and reporter Sanaa al-Aji, each face 3 to 5 years in prison plus fines if they are convicted.

Lawsuit Attempts To Prevent Pittsburgh Episcopal Diocese From Taking Property

Episcopal News Service yesterday reported on the latest legal steps being taken by the Episcopal Church of the United States to prevent the break-away Pittsburgh Diocese from taking church property with it. In 2005, a Pennsylvania state court approved the settlement of a lawsuit challenging the first steps by the diocese to break away and claim title to parish properties. The settlement provided that even if the majority of the diocese's congregations decide not to remain in the Episcopal Church, any diocesan real estate and endowments would be held by the remaining diocesan structure. Now that the Diocese last month took more formal steps to withdraw, plaintiffs in the earlier case have petitioned the court to enforce the 2005 settlement. A petition (full text) filed in Calvary Episcopal Church v. Duncan, (Com. Pl. Allegheny Co., Dec. 19, 2006), alleges that defendants are attempting to remove property from the Episcopal Church. It asks the court to order an accounting of the Diocese's real and personal property, and its use, since 2003 and to prohibit transfer of Diocese property to other entities.

House Hearings On International Religious Freedom

On Thursday, the U.S. House of Representatives Committee on International Relations held hearings on the State Department's 2006 International Religious Freedom Report. Statements by the following witnesses are available online: Committee Vice-Chairman Christopher Smith; Stephen M. Liston, Director of State Department's Office of International Religious Freedom ; Felice Gaer, Chair of U.S. Commission on International Religious Freedom; Thomas F. Farr, Former Director of State Department's Office of International Religious Freedom; Nina Shea, Director of Freedom House's Center for Religious Freedom; Pastor Bui Thien Hue of Houston, Texas; Joseph Kung, President of Cardinal Kung Foundation; and Berhane Sium, Eastern US Coordinator of the Eritrean National Salvation Front.

Future Of Religious Freedom In Turkmenistan Unclear After Dictator's Death

Yesterday, the leader of Turkmenistan, dictator Saparmurat Niyazov, died. Shortly after, Forum 18 reported that it remains unclear whether Niyazov's hostility to religious freedom will continue. The late dictator had invented a religion called Ruhnama, and imposed it on the country. An exiled Protestant said that "the transition leaders have already praised Niyazov and his policies and vowed to continue them." The country's Foreign Minister and other officials have refused to comment.

Controversy Continues Around Government-Sponsored Holiday Displays

As Christmas draws near, here is a roundup from around the world of stories from the past two days on governmentally sponsored holiday displays:

NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.

In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.

UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.

In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."

Virginia Congressman Reignites Controversy Over Swearing-In On Quran

Virginia Republican Congressman Virgil Goode has reignited a controversy over plans by a newly-elected Muslim congressman to take his oath of office on the Quran. (Washington Post.) Yesterday news media published a letter (full text) that Goode had sent to constituents who had written to him objecting to the swearing-in plans of Minnesota Congressman-elect Keith Ellison. The letter read in part:

When I raise my hand to take the oath on Swearing In Day, I will have the Bible in my other hand.

I do not subscribe to using the Koran in any way.... [I]f American citizens don't wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran....

I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped.

Goode has refused to apologize for his remarks. (CNN). Congressman Ellison, however, responded charitably, saying he would like to meet with Goode to discuss Islam and find some "common ground." (CNN).

The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)

No Free Exercise Problem In Denial Of Medicaid For Services In Israel

In Shagalow v. State, (MN Ct. App., Dec. 19, 2006), a Minnesota state court of appeals held that the state's refusal under the Medicaid program to pay for a young woman's residential habilitation program in Israel did not violate her religious freedom rights under the U.S. or Minnesota constitutions. Plaintiff claimed that the only residential habilitation program that adheres to her Jewish Orthodox practices (including gender segregation, strict observance of the Sabbath, and dietary restrictions) is one located in Jerusalem. The court found that the state's decision did not directly infringe plaintiff's religious practices. The state's refusal was based on its need to effectively monitor the quality, health, and financial integrity of services for which it paid.

Georgia State Board To Offer Minimal Guidance On Bible Courses

Earlier this year, the Georgia legislature enacted a law requiring the State Board of Education to create two optional courses on the history and literature of the Old and New Testament. (See prior posting.) Today's Atlanta Journal Constitution reports that the plan that will likely be adopted by the state board next month will offer little specific guidance to schools in designing the courses. It will provide that the goals of the half-semester courses will be to teach the origins and literary styles of the Bible, its major narratives, its influence on contemporary culture, and the development of translations. Courses can cover the history of the kingdom of Israel, the poetry of the Old Testament, the life and parables of Jesus, life and travels of the Apostle Paul and the influence of the Scriptures on literature, art, music, law and current events. The state board will not provide specific lesson plans or suggest reading materials other than the Bible which the law requires to be the basic text.

NY Court Upholds Zoning Charges Against Church

In City of Albany v. Trinity Church, (Alb. NY City Ct., Dec. 20, 2006), a New York state trial court denied a church's motion to dismiss charges against it alleging that it was occupying its building without a valid occupancy certificate and had changed the use of a building without a permit. The court rejected the church's claim that the charges violated its free exercise rights under the U.S. and New York constitutions. It held that the city's zoning laws are not specifically directed at defendant's religious practices, but are valid, content neutral laws of general applicability, adopted to promote the health, safety and general welfare of the public.

New Study On Legal Developments Affecting Faith-Based Initiative

A release by the Roundtable on Religion and Social Welfare Policy announces the recent publication of a 116-page report titled The State of the Law 2006: Legal Developments Affecting Government Partnerships With Faith-Based Organizations. Authors Ira C. Lupu and Robert W. Tuttle say that this year's developments involve a mix of procedural and substantive concerns. The report covers the adequacy of guidance to faith-based organizations; government grants to increase faith-based organizations; faith-based programs in prisons; government chaplaincies; and the structure of Establishment Clause lawsuits challenging faith-based programs.

Italian Parliamentarians Use Nativity Scene To Promote Gay Rights

In Italy's Parliament, advocates of legislation permitting civil unions between same-sex couples found a graphic way to make their point on Wednesday. 365gay.com reports that two members of Italy's leftist coalition added figures of two same-sex couples to the nativity scene on display in Parliament. The small doll couples, holding signs promoting gay rights, were placed among the shepherds for a few minutes until Parliamentary pages removed them. Parliament members Bruno Mellano and Donatella Poretti said they wanted to show that gay couples have been around since the time of Jesus and that it is time for Italy to grant them legal rights.

Do Open Meeting Laws Prevent Sensitivity Training Of Fellow Public Official?

Yesterday's Toledo Blade reports that in suburban Perrysburg Township, Gary Britten, one of the three Township Trustees, used an offensive phrase that he apparently thought was just a "figure of speech" at the Township Trustees' meeting on Monday. After voting with fellow commissioners to give the township's deputy fire chief an extra week to negotiate a better price for two pieces of emergency medical equipment, Britten apparently urged the fire chief to "Jew him down". The remarkable legal twist to this incident is the reaction of a fellow Township trustee, Craig LaHote, after local rabbis were quoted in the press as urging someone to explain to Britten the offensiveness of his remark. LaHote said that Ohio's open meeting law (ORC Sec. 121.22) prevents a quorum of elected leaders from discussing township business outside of an official meeting. Since there are only three trustees, he said it would be illegal for him or board Chairman Bob Mack to discuss the matter with Britten privately.

Polish Legislators Propose Jesus As Honorary King; Church Demurs

The Associated Press yesterday reported that 46 members of Poland's 460-seat Parliament are supporting a resolution that would name Jesus Christ as the honorary king of Poland. The resolution has little chance of passing. It is not supported by the Catholic Church. Bloomberg News quotes Bishop Tadeusz Pieronek who said that the proposal "marks an overuse of religion for political goals." Archbishop Slawomir Glodz said "legislators should steer clear of things they have no idea about."

Requirements of Quran Will Be Defense In South African Corruption Appeal

Today's Mail & Guardian reports that in South Africa, convicted businessman Schabir Shaik will argue in his corruption and fraud appeal to the Constitutional Court that he was merely following the commands of the Quran in making 238 payments of money to then Deputy President of the Republic of South Africa, Jacob Zuma. Shaik's fraud conviction is based on the consolidation and writing off of loans to Zuma. Shaik will argue that the Quran calls for interest-free loans. And Surah 2, Verse 280, reads: "If the debtor is in difficulty, grant him time until it is easy for him to repay. But if ye remit it by way of charity, that is best for you if you only knew."

Bible-Carrying British Flight Attendant Challenges Saudi Travel Rules

In Britain, a flight attendant is taking her airline, BMI, before an Employment Tribunal charging religious discrimination. UPI today reports that the employee, who is a religious Christian, takes her Bible on all her travels. However, BMI, following the advice of the British Foreign Office that no religious materials other than the Quran are to be taken into Saudi Arabia, has banned her from taking the Bible on her flights to Saudi Arabia. BMI said it offered the flight attendant a transfer to short haul flights, but she turned down that alternative.

Swedish Company Refuses To Bargain With Union On Religious Grounds

Labor relations in Sweden are largely governed by the "Saltsjöbaden agreement", an agreement on collective bargaining between the Confederation of Labor Unions and the Swedish Employers Federation. However Ji-Ma Produkter, wood packaging company owned by members of the Plymouth Brethren religious movement, is refusing on Biblical grounds to enter into a collective bargaining agreement with the Swedish Forest and Wood Workers' Union. The company points to 2 Corinthians 6:14: "Do not be yoked together with unbelievers." Sweden's The Local earlier this week reported on the strike against the company called by the union in October. Neither side foresees an end to the controversy.

Nativity Movie Will Show After All In Chicago's Daley Square

This morning's Chicago Tribune reports that a trailer for the movie "The Nativity Story" will be shown after all in connection with Chicago's Christkindlmarket in Daley Plaza. Originally the sponsors of the festival, at the urging of the city's Office of Special Events, denied permission for New Lines Cinema to run continuous loops of the film at its booth. (See prior posting.) However, now the city has issued a permit for the film clips to be shown at another part of Daley Plaza where a nativity scene-- along with symbols of other faiths-- is already displayed. The permit was issued to a group of Christian attorneys and custodians of the existing Nativity display.

The Becket Fund for Religious Liberty, in a release circulated by e-mail this morning, says that the new decision came in "a matter of minutes" after the Becket Fund presented its Ebenezer Award on television to Chicago Mayor Richard Daley. The Award is "a specially designed Christmas stocking filled with lumps of coal, and is given each year to the individual responsible for the silliest affront to the Christmas and Hanukkah holidays."

Nashville Council Defeats Proposed Grant To Inner City Ministry

In Nashville, Tennessee, city councilman Ronnie Greer had proposed a Resolution granting $5,000 to Nashville Inner City Ministry to support its life skills classes for inner city youth. However, as reported by Nashville's City Paper yesterday, the city's law department issued an opinion that, even though the grant would be used for transportation, it would violate the Establishment Clause because of the overall religious nature of Inner City Ministry. The blog Pith in the Wind reports that when the resolution came up at yesterday's Council meeting, "Greer and a few other members challenged the staff judgment that his measure is constitutionally unacceptable. Nonetheless, after Don Jones indicated that the law department would not allow the check to be written even if the bill does pass, Greer moved and the council voted to defer the resolution indefinitely."

2nd Circuit Permits NY Corrections Officers To Proceed With Religious Bias Claim

Yesterday, in Bey v. City of New York, (2d Cir., Dec. 19, 2006), the U.S. 2nd Circuit Court of Appeals reversed a New York district court's grant of summary judgment in a religious discrimination claim by two former New York City corrections officers who were fired after it was discovered that they filed false tax documents claiming that they were not subject to state and city income tax. Plaintiffs claim that out of the nearly 1,000 employees found to have filed false documents-- but who were not arrested and charged with tax violations-- the only employees who were fired were those who were (or were believed to be) members of the Moorish faith. The court held that plaintiffs may proceed to trial with their claim that they were singled out for special discipline because of their religious beliefs. A report by the Associated Press yesterday reports on the decision.

Two Texas Employment Discrimination Suits Charge Religious Bias

Two religious discrimination suits have recently been filed against governmental agencies in Texas.

Yesterday the Associated Press reported that two former employees of the University of Texas at Arlington have filed suit in federal district court claiming that their dismissal by the University constitutes religious discrimination. Last March, after learning that a male employee was having problems with a female co-worker, the two employees stayed after work to pray for the woman-- who was on vacation. They met at her office cubicle, prayed for her, and-- in the religious tradition of one of them-- dabbed olive oil on the door frame of the cubicle. The University, saying that it has been upheld by the Texas Workforce Commission and the Texas Equal Employment Opportunity Commission, said: "praying, shouting and/or chanting over a co-workers personal and professional belongings without her knowledge and consent constitutes harassment of a fellow co-worker. In addition, rubbing this co-worker's cubicle with oil is blatant disregard for university property, both of which are identified as behavior that is grounds for dismissal."

Meanwhile, in Austin, KVUE News reports that a former police officer has filed a religious discrimination suit against the city's former police chief and three other officers. Derek Howard, attorney representing former officer Ramon Perez, said that Perez was fired in April 2005 "for refusing to use a taser on an older, physically-compromised individual who was easily restrained with less force, and second, because he was a Christian fundamentalist who home-schooled his children."

Concern Expressed Over Romania's New Religion Law

Last week, Romania's Parliament passed and sent on to the President a controversial new Religion Law. A Forum18 report says that deputies did not have the required five days to consider the report and amended text from the Chamber's Juridical and Human Rights committees before voting on the bill. The text of the bill is available in Romanian on the Parliament's website.

Yesterday, Senator Sam Brownback (R-KS) and Rep. Christopher H. Smith (R-NJ), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe (Helsinki Commission), wrote Romanian President Traian Basecu urging him to return the bill to Parliament for further refinement. (CSCE Release.) Saying that the current draft would be incompatible with Romania's OSCE religious freedom commitments, they continued: "The draft law's shortcomings include the creation of a tiered system of recognition which privileges some religions over others; the establishment of a high numerical threshold that a religious group must surmount in order to receive the most preferential legal status; and the establishment of a 12-year waiting period a religious group must undergo before receiving 'religion' status."

Settlement Reached In Evolution Textbook Sticker Case

Parents of Cobb County, Georgia school students have won a victory in a settlement reached yesterday in their long-running federal lawsuit challenging anti-evolution stickers placed in biology textbooks. The stickers read: "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered." The case was awaiting retrial in Georgia federal district court after the U.S. 11th Circuit Court of Appeals last May reversed the original trial court decision in favor of the parents, largely on evidentiary grounds. (See prior posting.)

Yesterday's consent judgment and order (press release and full text) in Selman v. Cobb County School District, prohibits Cobb County schools from restoring the disclaimer stickers (which have already been removed) or similar warnings in science textbooks. It also prohibits any other oral or written disclaimers, or the redacting of material on evolution in science textbooks. The school district has also agreed to pay a portion of plaintiffs' attorneys fees, amounting to $166,659. The settlement is discussed in a release from the National Center for Science Education.

Today's Atlanta Journal Constitution reports on rections from both sides. Barry Lynn, executive director of Americans United for Separation of Church and State praised the settlemen. On the other hand, Cobb county parent Larry Taylor said: "It's terrorist organizations like the ACLU that are hijacking our country's educational system by imposing their own secular agenda on the rest of us."

The settlement comes as today marks the one-year anniversary of the widely-publicized Kitzmiller decision in which a Pennsylvania federal judge held that a disclaimer read to public school students promoting intelligent design as an alternative to evolution violates the Establishment Clause. A release by the Discovery Institute-- the chief proponent of intelligent design-- tries to put the best face on the anti-evolution movement's losses.

9th Circuit Certifies State Constitutional Issues In Boy Scout Case to State Court

Yesterday in Barnes-Wallace v. City of San Diego, (9th Cir., Dec. 18, 2006), the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in a case challenging constitutionality of the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The facilities are used exclusively, or on a preferred basis, by Scout members. However the Scouts requires its members to affirm a belief in God. (It also excludes gays and lesbians as Scout members.)

Seeking to avoid deciding a federal constitutional question by relying on state constitutional law, the 9th Circuit asked the California high court to determine (1) whether the leases interfere with the free exercise and enjoyment of religion by granting preference for a religious organization in violation of the No Preference Clause in Art. I, Sec. 4 of the California Constitution; (2) whether under Art. XVI, Sec. 5 of the California Constitution, the leases amount to "aid", and (3) if so, whether the leases aid a "creed" or "sectarian purpose" in violation of the state constitution's "No Aid" Clause.

Judge Kleinfeld dissented, arguing that the case should be dismissed because plaintiffs lack standing to sue. He said that plaintiffs have never tried to use the facilities, and do not wish to do so while the Boy Scouts are there.

Yesterday's Bay City News Wire reported on the court's decision.

White House Hosts Hanukkah Reception

Yesterday, President and Mrs. Bush hosted a Hanukkah reception at the White House, attended by invited guests and Jewish members of the President's Cabinet and staff. In his remarks (full text), the President said: "Laura and I are honored to have this Hanukkah menorah here at the White House. It's a symbol that the White House is the people's house, and it belongs to Americans of all faiths." The White House website also features a video clip of an invited family lighting the Hanukkah menorah after offering the traditional blessings. The video also features the Indiana University Hillel "HooShir" Choir performing after the menorah lighting.

Suit In Israel Seeks To Require Law School For Rabbinical Court Judges

In Israel, a petition has been filed with the High Court of Justice seeking to require judges in rabbinical courts to have secular law school degrees as well as rabbinical training. Today's Jerusalem Post reports that attorney Dayana Har-Even has argued to the High Court that property disputes in divorce cases are often decided differently religious courts than in secular ones, even though both are required to settle property disputes according to secular law. Har-Even says this is because dayanim (religious court judges) are unfamiliar with secular legal rules.

Village Removes Menorah Rather Than Permitting Creche After Court Order

On Friday, a New York federal district court issued a temporary injunction in a creche case, Ritell v. The Village of Briarcliff Manor, (SDNY, Dec. 15, 2006). Briarcliff, Manor, New York had erected a 9-foot menorah beside a lighted natural evergreen tree in a public park, but refused to permit Henry Ritell to place a privately-funded creche next to the menorah. The village said that Christmas was already represented by the lighted tree. Court TV reports that Ritell disagreed, saying: "That's decorative. It doesn't mean Christ or Christianity. It's just lights on a tree."

The federal judge essentially agreed with Ritell. The court ruled that the prominent display of the menorah combined with the village's refusal to grant permits for other religious symbols constitutes an endorsement of one particular religion in violation of the Establishment Clause. It ordered the village to either permit the creche or remove the menorah. To the dismay of the Alliance Defense Fund (release), the city chose to remove the menorah. Initially it replaced it with a sign protesting the court's decision, but that was also removed after complaints by village residents. Today's Westchester Journal-News reports on reactions of village residents. (Also see prior related posting.)

UPDATE: The court's full opinion supporting its grant of a temporary injunction is available at 2006 U.S. Dist. LEXIS 94894 .

Christmas Wars Raise Funds For Christian Advocacy Groups

An article yesterday from Religion News Service says that conservative Christian groups are using the supposed "War Against Christmas" as a fund raising device. Sales of buttons, bumper stickers and other items through their websites have been brisk. Anita Staver, president of Liberty Counsel, says: "When its an issue affecting Christmas people will sit up and take notice."

College, Seeking To Hire Christians, Challenges Workforce Investment Act

The federal Workforce Investment Act provides for federal financial assistance to state employment and job training agencies to encourage them to create "One-Stop Career Centers". The WIA (Sec. 188(a)(2)) requires that programs funded under its provisions may not discriminate on various grounds, including religion.

The Pennsylvania Department of Labor & Industry set up a federally-financed Internet-based job listing service for use by job seekers. An employer can list a position in the system only if the employer agrees to non-discrimination requirements. Geneva College, a Christian university, requires all employees to articulate a commitment to Jesus. However, the Department of Labor & Industry refused to permit the College to include religious criteria in its job postings with the agency. Yesterday, Geneva College, along with the Association of Faith-Based Organizations, filed suit in federal court in Pittsburgh against the U.S. Department of Labor and the Pennsylvania Department of Labor & Industry challenging their refusal to permit religious organizations to use otherwise permissible faith-based criteria in their job listings.

The complaint (full text) alleges that the refusal infringes the First Amendment expression and religion rights of religious employers, as well their equal protection rights and their rights under the Religious Freedom Restoration Act. Plaintiffs are represented by the Christian Legal Society and the Alliance Defense Fund, (ADF Release.) Today's Pittsburgh Tribune-Review reports on the case.

Yemeni Editor's Sentence Suspended Pending Appeal

In Yemen yesterday, the Sana'a Appeals Court suspended the prison sentence of a newspaper editor and the closure of his paper, pending appeal of his conviction for publishing Danish cartoons of the Prophet Muhammad. Kamal Al-Olufi, editor-in-chief of Al-Rai Al-A'am weekly, had been in hiding for 17 days to avoid beginning the one-year jail sentence that had been handed down last month. (See prior posting.) Meanwhile, according to the same report in the Yemen Observer yesterday, lower courts continue to convict other journalists for reprinting the cartoons.

Deutsche Oper Finally Performs Controversial Mozart Opera

Germany's Deutsche Oper yesterday finally performed the controversial Mozart opera, Idomeneo. In September, the scheduled performance of the opera was cancelled out of fear of Muslim backlash. (See prior posting.) In one scene, the severed heads of Muhammad, Jesus, Buddha and Poseidon tumble out of a sack lifted by Idomeneo. The Associated Press reports that heavy security caused a half-hour delay yesterday in the curtain rising before the nearly-sold-out house. Germany's Interior Minister Wolfgang Schaeuble attended along with six representatives of Islamic organizations he had invited to the performance. However Ali Kizilkaya, head of Germany's Islamic Council, turned down the invitation. When the controversial scene was performed, one person in the audience yelled "stop it", while several others responded "continue, continue".

Court Finds No Jurisdiction Over Church Decision To Rehabilitate Cemetery

The Ravenna, Ohio Record-Courier last Friday reported on a decision by the Ohio 11th District Court of Appeals dismissing a suit against the Catholic Diocese of Youngstown, Immaculate Conception Parish in Ravenna and its pastor, the Rev. John-Michael Lavelle. Plaintiffs challenged the Church's decision to permit the cutting of trees in St. Mary's Cemetery in order to widen access roads, construct new buildings and prevent damage to above-ground headstones. They claimed that the tree removal violated the terms of a charitable trust of which they, as cemetery plot owners, were beneficiaries. The court, however, ruled that it lacked jurisdiction to infringe on the Church's decision regarding the use of its own property.

UPDATE: Here is the full opinion in Plough v. Lavelle, (OH 11th Dist. Ct. App., Nov. 24, 2006).

Alaska School Gets Federal Funds After Filing Corrective Plan

In October 2005, the U.S. Department of Education (DOE) withdrew $450,000 of Congressionally earmarked funds from Alaska Christian College after a federal investigation found that the school had been spending the money on religious instruction. (See prior posting.) Today's Anchorage Daily News reports that the College has now gotten back a $100,000 federal grant after filing a plan with DOE promising to separate some academic and religious functions. The school also has promised to spend the federal money only for secular purposes such as tutoring the school's Alaska Native students, and teaching them writing and mathematics. Becket Fund director of litigation Derek Gaubatz, attorney for the College, says that corrective plans such as the one filed by the College are becoming common.

Another Menorah Dispute- This Time In Colorado

Yesterday's New York Times reports on the dispute in Fort Collins, Colorado over a rabbi's request to place a menorah on publicly-owned property for the eight days of Hanukkah. For the second year in a row, the Fort Collins Downtown Development Authority has refused to permit the menorah in Old Town Square. Several city council members, backing the decision, said they were concerned that permitting the menorah would open the way for many other religious groups and organizations to demand that their symbols be placed in Old Town Square as well. Many in Fort Collins think that the city is wrong is excluding the menorah. This year, as it did last year, CooperSmith's Pub and Brewing in Old Town Square has permitted the rabbi to place the 9-foot tall menorah on its privately-owned premises. Many other businesses and residents are displaying their own small menorahs in support of the city's small Jewish population.

Property Fights Looming As Conservative Episcopal Churches Leave the Fold

New legal fights over ownership of church property may lie ahead as two large and influential Episcopal parishes in Fairfax and Falls Church, Virginia voted yesterday to leave the Episcopal Church in the United States (ECUSA) and affiliate with the Convocation of Anglicans in North America, a branch of the Nigerian Anglican church led by conservative archbishop Peter J. Akinola. The action of these parishes, and five smaller ones elsewhere in Virginia, result from disagreements with ECUSA over its increasingly liberal policies, culminating in the 2003 ordination of an openly gay bishop. Today's New York Times reports that while both sides want to avoid legal battles, Bishop Peter James Lee of the Episcopal Diocese of Virginia says that under church law, parish property is held in trust for the denomination and the diocese. He added: "As stewards of this historic trust, we fully intend to assert the church’s canonical and legal rights over these properties."

New Articles and Book On Religion and Law

From SSRN:
Jaynie R. Randall, Sundays Excepted: Originalism, the Blue Laws, and the Christian Nation, (Dec. 2006).

Nicholas Aroney, The Constitutional (In)Validity of Religious Vilification Laws: Implications for Their Interpretation, (Federal Law Review, Vol. 34, p. 287, 2006 ).

David Burnett, Atheism and the Courts, (May 2006).

From SmartCILP:
Decisions and Families: A Symposium on Polygamy, Same-Sex Marriage, and Medical Decision Making. Articles by Armand H. Matheny Antommaria, John E.B. Myers, Elizabeth B. Cooper, Christine Talbot and Irwin Altman. 8 Journal of Law & Family Studies 293-394 (2006).

New Book:
Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts, (Cambridge University Press, 2006) (Abstract).

Oregon Suits By Abuse Victims Against Archdiocese Settled

In Eugene, Oregon last week, U.S. District Judge Michael Hogan, at a press conference with church officials and lawyers for abuse victims, announced a settlement between the Archdiocese of Portland and almost 150 plaintiffs. Last Friday's Catholic Sentinel says that the settlement does not require the Archdiocese to sell off parish or school property. Among the suits settled is one that pushed the Archdiocese into bankruptcy proceedings in 2004. Insurance companies will contribute $50 million to the settlement fund, and the rest of the undisclosed settlement amount will come from the sale of non-parish and non-school real estate. Creditors, including abuse victims, must still vote to approve the settlement. Part of the settlement plan will result in parishes and schools being incorporated separately as charitable entities separate from the archdiocese.

5th Circuit Issues Splintered Decision On School Board Prayer

The U.S. 5th Circuit Court of Appeals on Friday issued an important decision on the opening of school board meetings with sectarian prayer. In Doe v. Tangipahoa Parish School Board, (5th Cir., Dec. 15, 2005), the court, in three divergent opinions, affirmed in part and vacated in part an injunction against opening school board meetings with religious invocations that had been issued by the district court in 2005. The district court, in its opinion, had held that the proper test to be applied was the Supreme Court's three-part Lemon test, rather than the legislative prayer exception of Marsh v. Chambers.

In the 5th Circuit, only Judge Stewart agreed fully with the district court. Judge Clement's opinion said that Marsh rather than Lemon applies to school board invocations, and found that all of the challenged prayers were permissible under Marsh. None of them "exploited the prayer opportunity either 'to proselytize or advance any one, or to disparage any other, faith or belief'." Judge Barksdale assumed, without deciding, that Marsh applied, but found that the prayers at issue were overtly sectarian, and were therefore not permitted by Marsh. The result of these splintered opinions was that the trial court's injunction was affirmed as to four specific prayers, but vacated insofar as it more broadly prohibited all prayer at board meetings.

The decision was covered by today's New Orleans Times-Picayune.

Bankruptcy Court Invites Free Exercise Challenge To Nearly-Repealed Chapter 13 Provision

Shortly before Congress passed an amendment to the Bankruptcy Act that would change the court's result, a New Mexico Bankruptcy Court refused to confirm a Chapter 13 plan that allowed over-median income debtors to deduct charitable contributions as a reasonably necessary expense. However the court gave the debtors 45 days to show that Congress infringed their free exercise of religion by distinguishing between above- and below-median income debtors in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. In the case, In re Meyer, 2006 Bankr. LEXIS 3383 (D NM Bankr., Dec. 4, 2006), the United States Trustee supported the debtors who were attempting to protect their ability to continue to make charitable contributions before obligations to other creditors were satisfied. The statutory change to Chapter 13 that will protect charitable contributions is awaiting the President's signature.

Russia's NGO Law Burdens Religious Organizations

Reuters reports that church leaders in Russia are asking the government for an exemption from the country's Law on Non-Governmental Organizations enacted earlier this year. The law, which takes effect in April 2007, requires NGOs to register with a special state agency and supply details of membership, sources of finance and a record of all meetings. Moscow's Catholic Archbishop says this means it would need to report the number and names of attendees at every Mass the church conducts. The Russian Orthodox church says the new requirements are reminiscent of the Soviet era. The Moscow Orthodox Patriarchate told Interfax last week that a number of the provisions of the law are impossible to observe. It suggests that religious organizations should be exempted from the requirement to report on the number of members.

Christian Group's Suit Against Chicago Police Survives Dismissal Motion

In Marcavage v. City of Chicago, 2006 U.S. Dist. LEXIS 90443 (ND IL, Dec. 14, 2006), an Illinois federal district court refused to dismiss First Amendment free expression and equal protection claims brought by volunteers for Repent America, a Christian ministry, against the Chicago police department. Plaintiffs alleged that police limited their ability to pass out leaflets during Chicago's "Gay Games" last July by attempting to restrict them to "Free Speech Zones". The court also refused to dismiss plaintiffs' claims under the Illinois Religious Freedom Restoration Act.

Religious Day Cares Resist Regulation In Pennsylvania

Today's Lancaster (PA) Sunday News carries a lengthy article on the ten-year battle in Pennsylvania over state licensing of religiously affiliated day-care centers. The state's welfare department has threatened to close down a dozen unlicensed non-profit day cares. The religious day-care centers do not object to health and safety inspections, but rear that licensing will lead to state regulation of hiring and curriculum.

Church Orders Kenya's Catholic Clergy Out Of Politics

In Kenya, a pastoral letter issued by the Kenya Episcopal Conference on behalf of the country's 27 Catholic bishops prohibits Catholic clergy in the country from accepting positions on governmental boards. It also says that priests should not take sides in party politics. Friday's East African Standard reports that the mandate was issued as the Kenyan government began to try to enlist the support of churches for President Kibaki in next year's elections. The directive seems to particularly be directed at Father Dominic Wamugunda, the Dean of Students, University of Nairobi, who has been increasingly active in government affairs.

4th Circuit Upholds Good News Club Challenge To School

Yesterday in Child Evangelism Fellowship of South Carolina v. Anderson School District Five, (4th Cir., Dec. 15, 2006), the U.S. 4th Circuit Court of Appeals reversed the trial court and found that the unfettered discretion given to South Carolina school officials to waive fees for use of school facilities violates the First Amendment. Child Evangelism Fellowship had been denied a fee waiver for religious Good News Club meetings it wished to hold in the school. The court found that permitting fee waivers when it is "in the district’s best interest" could invite administrators to discriminate on the basis of content or viewpoint of a group's speech. (See prior posting on lower court’s decision.) The Associated Press reported on the 4th Circuit’s decision.

Creche Opponents Find Different Tactics

In Clio, Michigan, after failing to convince the city to remove a nativity scene from city-owned land downtown, the Freedom From Religion Foundation has requested to lease space next to the creche to put up its own message that would read: "At this season of the Winter Solstice, may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but a myth and superstition that hardens hearts and enslaves minds." The Flint Journal yesterday reported that the land in question is owned by the city, but operated by the Chamber of Commerce.

Meanwhile, elsewhere others have moved to self-help in their opposition to nativity scenes on public property. The San Diego Union Tribune today reports that this year almost two dozen thefts of baby Jesus figures from nativity scenes have been reported. The paper says these kinds of thefts "have become something of a holiday tradition".

White House Issues Hanukkah Greetings

Yesterday, the White House released the President’s 2006 Hanukkah Message. It recounts the history of Hanukkah: "Judah Maccabee and his followers courageously set out to reclaim Jerusalem from foreign rule. Though their numbers were small, the Maccabees' dedication to their faith was strong, and they emerged victorious." It continues: "the glow of the menorah is a reminder of the blessings of a just and loving God and the sacrifices made over the centuries for faith and freedom."

Egypt's High Court Rules Against Bahais

Egypt's Supreme Administrative Court today ruled against Egyptian Bahais' right to be identified by their proper religion on government documents. Ekklesia says that the decision, which reverses a lower Administrative Court, "upholds current government policy, one which forces the Baha'is either to lie about their religious beliefs or give up their state identification cards. The policy effectively deprives Egyptian Bahais of access to most rights of citizenship, including education, financial services, and even medical care."

Middle East Online reports that Judge Sayed Nofal said: "the constitution promotes freedom of belief for the three recognized heavenly religions and they are Islam, Christianity and Judaism. As for the Bahais, Islamic jurists have all agreed that the Bahai faith is not one of the threerecognizedd religions. Those who belong to this religion are apostates of Islam, because the faith's principles contradict the Islamic religion and all other religions." (See prior posting on lower court decision.) The case began when a Bahai couple applied to have their daughters added to their passports that listed their faith as Bahai. Human rights organizations condemned today's decision, but many in Parliament support it. (See prior posting.) The case is seen by many as an important test of religious freedom in Egypt.

UPDATE: UPI reports on Monday that the U.S. State Department has criticized the decision of Egypt's Supreme Administrative Court.

Recent Prisoner Free Exercise Cases

In Buckley v. Alameida, 2006 U.S. Dist. LEXIS 87579 (ED CA, Dec. 4, 2006), plaintiff was a black Orthodox Jew incarcerated in California Correctional Instutition. He claimed that his free exercise rights were violated when prison officials confiscated his kosher food package in retaliation for his filing a citizen's complaint against a correctional officer. A federal magistrate judge recommended that his free exercise and equal protection claims be dismissed, but that his retaliation claim based on this incident move ahead. He claimed that in a separate incident his menorahs, candles and radio were confiscated, depriving him of his ability to celebrate Hanukkah. The court found that his claim of intentional religious discrimination growing out of this incident could also move forward.

In Bell v. Dretke, 2006 U.S. Dist. LEXIS 89376 (SD TX, Oct. 23, 2006), a Texas federal Magistrate Judge recommended rejection of a prisoner's claim that his free exercise rights were violated. The prisoner, who was under a cell restriction disciplinary sanction, was not permitted to attend eve of Ramadan services nor served a "fasting meal".

In Bilal v. Lehman, 2006 U.S. Dist. LEXIS 89430 (WD WA, Dec. 8, 2006), a federal district court dismissed on the grounds of mootness and immunity a former Muslim prisoner's claim that his rights were violated when prison authorities refused to provide him with a Halal diet. The court said, however, that "Defendants should not construe the court's ruling ... as a license to ignore future dietary requests from inmates with sincerely held religious beliefs."

In Muhammad v. McDonough, 2006 U.S. Dist. LEXIS 89439 (MD FL, Dec. 8, 2006), a Florida federal district court dismissed a prisoner's complaint that his First Amendment rights were violated when prison officials refused to change his name in his official records to his new religious name. Prison policy called for the adding of his new name to his identification tag, but not for its use for other purposes.

In Moore v. Camp, 2006 U.S. Dist. LEXIS 89986 (MD FL, Dec. 13, 2006), a Florida federal district court permitted a Muslim prisoner to proceed against several defendants on his claims that his free exercise rights were violated by the removal of a prayer towel as contraband, a delay in furnishing him a Quran, and his not receiving a diet in conformance with his Muslim beliefs.

In McDonald v. Schuffman, 2006 U.S. Dist. LEXIS 90004 (ED MO, Dec. 13, 2006), a Missouri federal district court dismissed a suit by civilly committed residents of the Missouri Sexual Offender Treatment Center. One of plaintiffs' claims was that their right to free exercise of religion was violated by MSOTC's policy on what items are allowable and because there is a lack of religious service offerings.

Courthouse Christmas Tree Furor In Toronto

In Canada, CTV and UPI both report that a Toronto judge has created a good deal of consternation by ordering her staff to move a small Christmas tree out of the courthouse lobby and into a back hallway where it is hidden by frosted glass doors. Justice Marion Cohen, in a letter to her staff, said that when the tree is in the lobby, visitors are confronted with it and it makes non-Christians "feel they are not part of this institution". A Canadian Muslim leader, Ontario's Premier and several religious groups have all criticized the judge's move. Tarek Fatah, founder of the Muslim Canadian Congress, said that "they should ban political correctness, not Christmas trees." Court employees say that the tree has been displayed in the lobby for decades.

Pakistan Court Acquits Bookseller Of Making Additions To Quran

In Pakistan, according to today's Daily Times, the Peshawar High Court bench has acquitted Abdul Ahad Noorani of charges of Tehreef (making additions to the text of the holy Quran). A lower court had imposed life imprisonment on the shop owner who, it was alleged, was selling the booklets of "Yasin Maghribi" and "Ayatul Kursi", in which he had done Tehreef. The lower court had statements from 12 eyewitnesses and had received a fatwa from a local mufti who said Noorani had added to the real text of books. In addition to acquitting Noorani due to lack of evidence, the High Court urged the government to create a religious scholars' body to issue fatwas on important issues, and to end the practice of unofficial fatwas.

Turkey's Muslims Celebrate A Secular Christmas

The McClatchey Newspapers today carry an interesting story on how Christmas has caught on in Turkey, a country that is officially secular but whose population is 99% Muslim. Around the country trees are trimmed, children await presents from Father Christmas (Santa Claus), and shopping malls are filled with blinking lights. However, despite angels and stars as part of the decorations, Christmas has no religious significance in the country. Another difference-- belly dancers are also a Christmas tradition. In Turkey, Christmas is celebrated on December 31-- half way between the December 25 date used by Western Christianity and the January 7 date used by Eastern Orthodox Christians.

Jewish Community Divided On Menorahs In Public Square As Hanukkah Begins

Tonight begins the Jewish holiday of Hanukkah. Papers around the nation report on the campaign by the Chabad movement to have Hanukkah Menorahs displayed in public places, and the ambivalence of other portions of the Jewish community about this push. The Berkshire Eagle reports on Sunday's planned Menorah lighting at the Berkshire Mall. Rabbi Leo Volovik, director of Chabad of the Berkshires says: "We assemble in the Berkshire Mall to light a public menorah to tell people that the lesson of Hanukkah is universal." But Rabbi Deborah Zecher of the Hevreh of Southern Berkshire synagogue says: "I disagree. Religious symbols belong in religious places."

A similar debate is taking place in Nashville where, according to The Tennessean, this year for the first time there will be a Menorah in Nashville's Riverfront Park. It will be lit by Nashville Mayor Bill Purcell. Chabad Rabbi Yitzchok Tiechtel has led an effort for several years to get Menorahs in public places. For the past four years, one is placed on the state capitol grounds. Tiechtel has gotten Menorahs into malls and grocery stores. Next Thursday, shoppers at the Mall of Green Hills will construct a 10-foot-tall menorah made out of of Legos. Tiechtel justifies all of this by saying: "It's a holiday of religious freedom. And I personally feel that a lot of Jewish people feel like they would like to have a display of something of their own on the holiday, that their holiday gets lost." However, again, others in the Jewish community do not all agree. Rabbi Laurie Rice says: "On the one hand, Jews in general feel good when they see menorahs displayed publicly because they feel like there's some equity, even though we live in a such a Christian culture. On the other hand, Hanukkah is not a major holiday in Judaism, and are we inflating it only because of competition with Christmas?" Rice said she personally believes "we're just commercializing Judaism and, in the same way that Christians take the season to heart, it's probably equally as frustrating."

An interesting article run last year by The Forward suggests that Christian activists have used Chabad's campaign for Menorahs in public places as leverage to demand nativity displays on public property. [Thanks to Joe Knippenberg for the lead to this article.]

"Christmas Wars" Discussed At Pew Forum

The Pew Forum on Religion & Public Life has posted a transcript of an interesting discussion it hosted on Tuesday titled The Christmas Wars: Religion in the American Public Square . Speakers were Jon Meacham, managing editor of Newsweek and Michael Novak, resident scholar at the American Enterprise Institute. [Thanks to Joseph Knippenberg for the lead.]

Amish In New York May Be Violating Labor Laws

Agape Press today reports that Amish families in the western New York town of Lyndonville have been told that they are violating state labor laws in employing their 14 to 17 year old children as apprentices in sawmilling, metalwork and construction businesses. Old Order Amish tradition is to send children to formal schools only through the eighth grade and then to start them working with their parents. New Yorkers for Constitutional Freedom is talking with legislative leaders about resolving the problem. Apparently labor unions oppose any change in the law.

Removal of Cross From College Chapel Challenged

In October, the president of the College of William and Mary (part of the Virginia state system) asked the director of the campus to change College practice and display the historic 2-foot high bronze table cross in the College's Wren Chapel only during Christian religious services or, as requested, for individual worship. He wanted to make the chapel more welcoming to all faiths. (President's November statement to Board of Visitors.) Students and alumni have been campaigning to bring the cross back, and even have their own website. Now, according to the Associated Press, Mathew Staver, a lawyer with Liberty Counsel, is suggesting that a lawsuit might be filed. He says that the president's decision violates constitutional guarantees of free expression and free exercise of religion.

RLUIPA Held To Authorize Some Damage Claims Against Prison Officers

Last week, an Illinois federal district court decided the question of what kinds of damages are available to prisoners suing prison officials under the Religious Land Use and Institutionalized Persons Act. In Agrawal v. Briley, 2006 U.S. Dist. LEXIS 88697 (ND IL, Dec. 6, 2006), the court held that RLUIPA authorizes claims for monetary damages against state officials in their individual capacities. Nominal and punitive damages are available, but claims for compensatory damages are barred by the Prison Litigation Reform Act when the prisoner alleges only mental or emotional injury, unaccompanied by physical injury.

Australian Appeals Court Reverses Hate Speech Findings Against Christian Pastors

In Australia, the Victoria Court of Appeals yesterday decided Catch the Fire Ministries, Inc. v. Islamic Council of Victoria, (Vic. Ct. App., Dec. 14, 2006), remanding the case for it to be determined by a differently constituted panel of the Victorian Civil & Administrative Tribunal. The court held that the Tribunal had improperly interpreted a key provision of Victoria's Racial and Religious Tolerance Act when it found that two Christian pastors had illegally vilified Muslims. The charges stemmed from comments made by Pastor Daniel Scott at a seminar on Islam sponsored by Pastor Danny Nalliah's Catch the Fire Ministries, and comments in an online newsletter. (See prior posting.) The pastors had been ordered to correct their statments and issue an apology.

Sec. 8(1) of the Act provides that "A person must not, on the ground of the religious belief or activity of another person or class of persons, engage in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons." The appeals court held that this section is not focusing on "a causal connection between the religious belief or activity and the conduct engaged in; but rather pertains to the question of whether an audience was incited to hatred of a particular person or class of persons because of the religious belief or activity of such person or class." Perth Now covers the decision.

School Board Settles Suit With Christian Rock Bank

Today's Toledo Blade reports that the Rossford, Ohio school board yesterday voted 3-1 to settle a lawsuit that had been brought against it by four of the members of a Christian rock band whose performance at a high school anti-drug assembly was cancelled by the school superintendent. (See prior posting.) The superintendent was concerned that the performance might be seen as promoting of religion. The trial court upheld the superintendent, but when the band appealed to the 6th Circuit, the board decided to give up the fight. (See prior posting.) The settlement provides that the trial court's decision-- and thus the precedent it sets-- will be vacated and the school board will amend its policy on school-sponsored productions to provide that "neither the board nor any teacher or administrator may disfavor or discourage a district-sponsored or school-sponsored publication or production on an otherwise suitable topic merely because of the speaker’s status or reputation for holding or advocating a particular religious belief or perspective." However, the settlement does not provide for the band to perform at Rossford High School. The suit is complicated by the fact that School Board President David Kleeberger's son is a member of the rock band, though he was not one of the plaintiffs. (See prior posting.)

Lansing, MI Council Debates Religious Exemptions From Human Rights Law

Members of Lansing, Michigan's city council are talking with religious leaders as they attempt to draft a broad human rights ordinance prohibiting discrimination in housing, employment, public facilities and public accommodations. Lansing's City Pulse reports that while religious leaders agree that the ordinance is needed, leaders of local Roman Catholic churches and a number of African-American clergy have concerns over the scope of exemptions for religious institutions from provisions prohibiting employment discrimination against gays, lesbians, bisexuals and transgendered persons. Bishop David Maxwell, vice president of the Clergy Forum of Greater Lansing and director of the Mayor's Office of Faith Based Initiatives says that the original draft of the law exempted religious organizations' hiring of officers, religious instructors and clergy from the law. However, Black pastors also want an exemption for hiring of staff or others that act contrary to a church's moral belief. Council's General Services Committee is now proposing an amendment that would provide: "It is permissible for a religious organization or institution to restrict employment opportunities, housing facilities or public accommodations that are operated as a direct part of religious activities to persons who conform with the moral tenets of that religious institution or organization"

Last week, representatives of the Catholic Diocese of Lansing asked for even broader exemptive language in the ordinance. They proposed a provision that would read: "This ordinance does not limit the right of an individual or an organization of any kind to speak, write, assemble, act or refrain from acting in accordance with religious belief." Councilwoman Kathie Dunbar, who introduced the ordinance, rejected this proposal as discriminatory.

Teaching Evolution Challenged In Russian Court

Maria Shreiber, a 15-year old student in St. Petersburg, Russia, has sued the city's education committee claiming that the treatment of evolution in the 10th-grade biology textbook used at the Cervantes Gymnasium is offensive to believers. The suit says that the book refers negatively to religion and the existence of God. At a court hearing on Monday, the girl's father argued that the biology textbook should be revised to reflect alternatives to evolution. An Associated Press report on the case says this is the first lawsuit of its kind in Russia.

European Parliament To Consider "Charter of Muslim Understanding"

This week the European Parliament will be presented with a "Proposed Charter of Muslim Understanding" authored by Sam Solomon, a Sharia law expert. According to this week's Human Events, the document, which backers hope will be signed by European groups representing Muslims, calls on Muslims to respect other religions, promote the precedence of national laws over Sharia, and respect the Western traditions of freedom of belief and expression. Reporting on the proposal, today's Jerusalem Post quotes London Member of the European Parliament, Gerard Batten, who will introduce the proposal: "The views of so-called fundamentalists who believe in Islamic theocracy are simply incompatible with Western liberal democracy..."

Diocese, Insurers Argue Over Release Of Church Records

In Pittsfield, Massachusetts yesterday, a Berkshire Superior Court judge heard arguments by insurance companies that they should have access to 7,500 pages of records held by the Roman Catholic Diocese of Springfield. The insurers claim they need the documents to determine how the diocese has historically handled claims of sexual abuse by its priests in order to determine if claims against the diocese are "accidents" as defined in its insurance policies. Today's Springfield Republican reports on the case. John J. Egan, a lawyer for the diocese, said that the documents come under the state's statutory "spiritual counseling" privilege, as well as under the constitutional protection for the free exercise of religion. He said that some of the priests who faced possible expulsion from the priesthood were being counseled about the sacrament of Holy Orders. The insurers say the documents do not have anything to do with spiritual counseling.

High School's Use Of Church For Graduation Questioned

In Enfield, Connecticut, the ACLU has questioned plans by school officials to hold the 2007 graduation ceremony for Enrico Fermi High School at the First Cathedral of Bloomfield. Today's Hartford Courant says that in a letter to school officials, the ACLU asks authorities to find a neutral venue for graduation, claiming that using the church violates the Establishment Clause. The Board of Education Committee that chose First Cathedral says that it offered the most room and services for least cost, and that the church would remove religious artifacts for the graduation.

Romanian Council Says Religious Symbols Should Be Removed From Schools

Ekklesia yesterday reported that in Romania churches have criticized a Nov. 21 ruling by Romania's National Council for Combating Discrimination. The ruling called for a ban on most religious symbols in schools. A complaint was filed before the Council by a parent, Emil Moise. He said that Orthodox icons in his daughter's classroom at Margareta Sterian Art High School in Buzau violated the constitutionally protected right of freedom of conscience and religion and the principle of separation of church and state. In response, the Council ruled that the education ministry should "prevent discrimination towards agnostic pupils" by requiring schools to limit faith symbols to religious education classes and to "spaces specially assigned for religious instruction". The Prime Minister has referred the Council's ruling to Parliament. This Wikipedia article discusses the ruling at length.

Utah Pardons Board Cleared Of Religious Favoritism Charge

In Granguillhome v. Utah Board of Pardons, [scroll to pg. 76] (D UT, Dec. 7, 2006), a Utah federal district court rejected claims by inmates at a Utah state correctional facility that the state's Board of Pardons and Parole has given preferential treatment to sex offenders who are members of the Church of Christ of Latter Day Saints. The court held that plaintiffs had failed to produce sufficient evidence to support their Free Exercise claim. The court also rejected plaintiffs' Establishment Clause claims. It found one instance of the Board's questioning of an inmate about his religious beliefs to be troubling, but said that there is no evidence that this kind of questioning is routine.

Student's Right To Sing "Awesome God" In Talent Show Upheld

On Monday, a federal district court in New Jersey held that a second-grade student's free expression rights were violated when her elementary school refused to permit her to sing "Awesome God" in an after-hours school wide talent show. (Alliance Defense Fund release.) The school had said that the overtly religious message and proselytizing nature of the song made it inappropriate for the show. In O.T. v. Frenchtown Elementary School District Board of Education, (D NJ, Dec. 11, 2006), the court held that the limited oversight of the talent show by the school meant that the performance could not be considered school-sponsored speech. The court held that the school board was prohibited from engaging in viewpoint discrimination in the talent show, regardless of whether it is categorized as a limited public forum or a non-public forum. Finally it distinguished this case from cases involving prayers at school graduations and concluded that the talent show did not create Establishment Clause problems. Today's Newark Star-Ledger reports on the case, pointing out that the ACLU filed an amicus brief in the case in support of the student's right to perform the song.

California Pastor Cleared Of Anti-Muslim Hate Charges

In Palmdale, California, Pastor Audie Yancey, a retired U.S. Marine Corps veteran, was cleared of hate incident charges that had been filed against him before the Antelope Valley Human Relations Task Force. A Muslim cleric filed the charges after Yancey, at a Palmdale City Council meeting, while holding a copy of the Quran handed out 200 copies of a gospel tract that read: "Remember 9/11: In the name of Allah they brought destruction and death to thousands. In the name of Jesus Christ you can have eternal life." USA Religious News, reporting on the case yesterday, quoted Pacific Justice Institute president Brad Dacus who hailed the ruling, saying: "If we allow Islamic clerics to silence pastors and Christians in this country, then we have lost, without question, not only the war against terrorism but, even more importantly, the war against Christianity and religious freedom."

Minister Uses Invocation To Lobby Against Civil Union Bill

What are the appropriate limits on the content of an invocation opening a legislative session? The Newark Star-Ledger yesterday reported that Rev. Vincent Fields, pastor of Greater Works Ministries, offered a controversial prayer at the opening of the New Jersey Senate on Monday. Just as the Senate's Judiciary Committee approved legislation to allow gays and lesbians to form civil unions with the same rights as married couples, the minister in his invocation said: "We curse the spirit that would come to bring about same-sex marriage." Sen. Loretta Weinberg, sponsor of the civil union bill, said that it is inappropriate to use the invocation to lobby for or against legislation.

UPDATE: New Jersey Senate President Richard Codey said that Rev. Fields will not be invited back to deliver an invocation. In the past, Fields has also been criticized for not keeping his invocations non-sectarian. (Newark Star-Ledger, Dec. 13.)

Suit Seeks Permission For Creche In Village Park

Henry Ritell, a Catholic resident of the Village of Briarcliff Manor, New York, has filed suit seeking a temporary injunction to permit him to put up a creche in Law Park. Briarcliff Manor has its own holiday display in Law Park that includes a "Peace on Earth" banner and a 9-foot Menorah. The suit was announced yesterday by the Alliance Defense Fund. The complaint alleges that the village's refusal of Ritell's request violates Ritell's free speech, free exercise of religion and equal protection rights under the U.S. and New York constitutions.

Investigation Requested Of Christian Video Filmed Inside Pentagon

Yesterday, the Military Religious Freedom Foundation asked the Defense Department's inspector general to investigate a video produced by Christian Embassy featuring endorsements of the group by high-ranking active-duty military officers in uniform. Christian Embassy, formed 31 years ago to promote Christian values among government officials, holds weekly meetings throughout the Pentagon. The Associated Press reports that much of the 10-minute video was filmed inside the Pentagon, with permission from the Defense Department. Robert Varney, executive director of the Christian Embassy, says that his group will add a disclaimer to the video telling viewers that the group does not represent the government or any federal agency.

UPDATE: The Military Religious Freedom Foundation has expanded its Freedom of Information Act request to the Pentagon, asking it to also look into whether it gave Christian Embassy office space or other accommodations in the Pentagon. Christian Embassy says it received no special treatment. Meanwhile Christian Embassy has removed the controversial video from its website. (ABP News, Dec. 14).

Minister Sues Police After Arrest For Disciplining Children

The Associated Press yesterday reported on a lawsuit filed last month in federal court in New Haven, Connecticut against two police officers by a minister claiming false arrest, malicious prosecution and the violation of his First Amendment right to the free exercise of religion. Rev. Walter Oliver had been charged with assault and risk-of-injury charges in 2001 for beating two children with a belt because they disobeyed their mother. A jury acquitted him after he claimed that the spankings were meted out with the permission of the boys' mother and were done to carry out God's law. Rev. Oliver points to the verse from Proverbs 23:13-14: "If you beat him, he will not die, but you will save his soul from hell."

California Church Claims Marijuana Use Is Protected

California Newswire yesterday reported on the arrest last month of Reverend Craig X Rubin, leader of Temple 420 that believes its members receive communion by burning marijuana as a sacramental herb. After an undercover agent purchased 3.5 grams of sacrament, "PurpleErkle", at the church Rubin was arrested, the supply of the sacrament was seized, and the church's financial assets were frozen. Rubin claims that under the U.S. Supreme Court's 2005 ruling in the O'Centro case, their use of marijuana is a protected practice of religion.

Land Use Dispute- Is It a House of Worship Or A School?

The Journal-News reported yesterday on a religious land use controversy in Ramapo, New York. Rabbi Chaim Rottenberg wants to remodel a two-story home into a synagogue to be used by about 25 to 30 young men for religious services, prayers and study. Deputy Building Inspector Steve Conlee has decided that the building will not fall under the category "house of worship", but instead will be a "school of religious instruction" which requires at least a 2-acre lot under the county's zoning code. Neighbors object to the project, and now proponents will either need to seek a review of Conlee's decision or seek a variance from the town's Zoning Board of Appeals if it does not change its building plans. The town's Planning Board meets again in January to discuss site plan approval.

Hearing Officer Recommends Rejection Of Complaint About Harry Potter

The Atlanta Journal-Constitution today reports that Georgia's State Board of Education is considering a draft opinion from a hearing officer rejecting a parent's complaint over Harry Potter books in a Gwinnett County school libraries. Laura Mallory had argued the Harry Potter books promote witchcraft and the Wicca religion. At the state appeal hearing on her request, Mallory argued that the books encourage children to perform spells and feature characters who lie, cheat and steal and are not punished. The hearing officer's opinion says that Mallory failed to show that the Gwinnett County school board broke any laws or abused its discretion in refusing to ban the books. Mallory's evidence, the opinion says, consisted of unverified hearsay that she obtained from the Internet. Mallory may appeal to Gwinnett County Superior Court if the hearing officer's decision is accepted by the Board. (See prior related posting.)

UPDATE: On Thursday, the State Board of Education, without discussion, voted to accept the hearing officer's recommendation. Laura Mallory is considering whether to file an appeal. (AP).

New Official Declines County Tradition of Oath Affirming Belief In God

The Frederick (MD) News-Post yesterday carried an op-ed about the decision of new county commissioner Kai Hagen who, in being sworn in, asked that a statement declaring his belief in the existence of God not be included. Circuit Court Clerk Sandra Dalton says that taking the oath with that addition as been a "Frederick County tradition", but it is fine with her if a commissioner does not want to include it. Two alderwomen who declined to include the statement when they were sworn in last year said that their refusals were about separation of church and state. News-Post columnist Joe Volz says: "it seems to this commentator that if a public servant declines to take an oath supporting God, he should be more than willing to explain his position."

Seattle Airport May Rethink Its Removal Of Christmas Trees

Fifteen Christmas trees were displayed at Seattle's Sea-Tac Airport until late last week, but they were taken down last Thursday. Today's Seattle Post-Intelligencer reports than in October, a representative of Chabad Lubavitch began talking with the airport about placing an 8-foot tall Menorah beside the largest of the Christmas trees. When the Port of Seattle Commission did not move ahead with the request, Chabad threatened to sue. The airport's response was to remove its Christmas trees. Rabbi Elazar Bogomilsky says that this was not the response that his organization wanted, and that it will not be filing a lawsuit. Airport officials claim that they took the step because they were threatened with nearly immediate litigation. There appears to be some disagreement over when the possibility of litigation was mentioned. But, at any rate, many feel that this was an over reaction, and it is likely that tomorrow the Port Commission will authorize the trees to go back up along with decorations recognizing other holidays as well. Commissioner Bob Edwards said: "It's an international gateway -- why not celebrate other cultures?"

UPDATE: The Seattle Times reported on Tuesday that the Christmas trees went back up in Sea- Tac Airport overnight. Authorities agreed to discuss ways to represent all faiths in next year's display.

Student Loses Religious Discrimination Suit Against Private University

In Schumacher v. Argosy Education Group, Inc., (D MN, Dec. 6, 2006), a Minnesota federal district court rejected religious discrimination claims by a Christian student who was dismissed from a graduate psychology program at Argosy University, a private college, because of his verbal impulsivity and lack of social awareness. The student alleged that the faculty was biased against him because of his evangelical Christian religious views, and particularly his views opposing homosexuality. The court rejected his argument that the school was engaged in "state action" because it acted as a "gatekeeper" for state licensing of psychologists. Absent state action, the school's decisions were not subject to federal or state constitutional limitations. As to statutory discrimination claims, the court found that there was no evidence that the student was discriminated against on the basis of religion. Instead, it found that he was dismissed for academic reasons. The court also rejected breach of contract and defamation claims.

Ohio Governor Will Appoint Evolution Backers To State School Board

Ohio's state Board of Education is comprised of 19 members, eight of whom are appointed by the Governor. Outgoing governor Bob Taft has four appointments to make, and last week he told reporters that he would only appoint individuals who support the teaching of evolution. The Columbus Dispatch reported last week that Taft said this is one of the lessons he has learned. All but one of the board members elected by the voters in November are backers of teaching evolution. (See prior posting.) [Thanks to Dispatches from the Culture Wars for the lead.]

Maldives Rejects Supreme Islamic Council

Minivan News reports that in the Maldives, the interim Constitutional Parliament today rejected a proposal for an Iran style Supreme Islamic Council with power over all other state institutions. Currently, the Maldives has a Supreme Council of Islamic Affairs operating under the authority of the President.

Preliminary Injunction In Michigan Church Dispute

The AP today reports on a preliminary injunction issued on Nov. 27 by Kalamazoo, Michigan County Circuit Judge J. Richardson Johnson giving the Western Michigan Conference of the United Methodist Church access to the building of the Lane Boulevard Church over the objection of members of the congregation who voted to remove "Methodist" from the church's name. The church was originally independent, but later joined the Evangelical United Brethren Church which in 1968 merged with the United Methodist Church. That makes the church subject to the hierarchical authority of the United Methodists. However the congregation has been at odds with the United Methodists over management issues and the movement's liberal social positions. The move to leave the United Methodist movement was triggered by the denomination's plan to remove the congregation's pastor. The dispute will come to trial next year.

Statue of Pope Raises Church-State Issues In France

In the French town of Ploermel, a new statue of Pope Paul II is raising controversy. The International Herald Tribune yesterday reported that the statue was unveiled this weekend on a square named for the Pope after his death last year. Opponents argue that the statue violates France's 1905 law on separation of church and state. The town's mayor says that the statute was a gift from the artist and that no public funds were used for it. However a group trying to block the statue says that the town approved spending $172,00 for the statue's construction and the inauguration ceremony.

New Articles of Interest

From SSRN:
Donald B. Tobin, Political Campaigning by Churches and Charities: Hazardous for 501(c)(3)s; Dangerous for Democracy, (forthcoming Georgetown Law Journal).

Linda C. McClain, God's Created Order, Gender Complementarity, and the Federal Marriage Amendment, (Brigham Young University Journal of Public Law, Vol. 20, 2006).

Noya Rimalt, Equality with Vengeance- Women Conscientious Objectors in Pursuit of a “Voice” and Substantive Gender Equality , (Columbia Journal of Gender and Law, Vol. 16, No. 1, 2006).

From Bepress:
Nathaniel J Odle, Privilege through Prayer: Examining Bible-Based Prison Rehabilitation Programs under the Establishment Clause, (Dec. 1, 2006).

From SmartCILP:
Arskal Salim, The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia, 15 Pacific Rim Law & Policy Journal 683-701 (2006).

Symposium Issue: World Views Collide. Articles by Hon. Richard F. Suhrheinrich, Ryan R. Wilmering, Jay Alan Sekulow, Erik Michael Zimmerman, Jeffery J. Ventrella, David A. Friedman, Nadine Strossen and Marvin N. Olasky. 23 ThomasM. Cooley Law Review 1-156 (2006).

Bible Briefly In Jury Room Does Not Result In Mistrial

In Columbus, Mississippi, attorneys for Kristi Leigh Fulgham failed in their call on Saturday for a mistrial after Bailiff James Austin complied with a juror's request to leave a Bible in the jury room during jury deliberations. Yesterday's Columbus Commercial Dispatch reports that the Bible was in the jury room for only 15 minutes at the beginning of the jury's deliberations on whether Fulgham should receive life in prison or the death sentence for the murder of her husband in 2003. The jury returned a sentence of death by lethal injection. Bailiff Austin, a minister, said he regrets his actions.

Pope Addresses Legal Experts On Secularism

AGI yesterday reported on an address by Pope Benedict XVI to the Union of Italian Catholic Law Experts. The Pope's topic was secularism. The Pope said: "We must demonstrate that without God man is lost and that the exclusion of religion from social life, in particular the marginalization of Christianity, ruins the foundations of human coexistence," that "before having a social and political nature it has a moral nature."