High School Graduation In Church Building Considered

In Montgomery County, Maryland, the Board of Education is struggling with a difficult decision on whether to hold this year's Blair High School graduation in the Jericho City of Praise Church. Wednesday's Washington Jewish Week reports that the Church's 10,000-seat auditorium is the only local venue large enough for the ceremony. However, some potential attendees say they are uncomfortable being in the auditorium that contains a pediment with the words "Jesus is the Lord" at the back of the stage. The Church says it will not cover the inscription for the graduation. Also a stained glass window with a cross is there, and "Jesus is the Lord!!!" is written in large letters on the outside of the building.

The Board's other choices for graduation, however, are not attractive. DAR Constitution Hall only seats 4,000, has parking and accessibility problems. Also the DAR has a segregationist history. Show Place Arena also is not well designed for graduations and is not near a Metro stop. An arena can be rented from the University of Maryland, but that will cost $37,000, while Jericho City of Praise Church does not charge for use of its facilities.

UPDATE: On Jan. 31, Washington Jewish Week reported that Blair High School graduation will be held at the Comcast Center in College Park, and that Montgomery County Public Schools will cover the cost for all other high schools in the county to also hold their graduations at Comcast Center.

Ohio Teacher Challenges Required Dues To Union That Supports Abortion

CNS News reported yesterday on a federal lawsuit that was filed this week in Columbus, Ohio challenging the constitutionality of a provision of the state's public employee labor relations law. Ohio Revised Code section 4117.09(C) exempts from the requirement to pay union dues "any public employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization..." St. Mary's school teacher Carol Katter is a Catholic, and refuses to pay dues to her public employee union because it supports abortion on demand. She says that Ohio's law amounts to an unconstitutional establishment of religion because it exempts only adherents of specific faiths such as Seventh-Day Adventists and Mennonites. She says that her union (Ohio Education Association) told her she would need to change religions in order to get an exemption.

Last September, in another similar suit, the Justice Department and the EEOC entered a consent decree with a different public employee union requiring it to allow any employee with sincere religious objections to paying union dues to instead make a donation to charity. (See prior posting.)

Shariah Divorce Refusal May Be Sentencing Consideration In Canada

In Canada, prosecutors have argued to a Montreal court that a Muslim man's refusal to grant a Shariah divorce to his wife should be considered an aggravating factor when he is sentenced for stabbing her and their baby daughter. Meanwhile, Quebec's ban on the use of religious tribunals to settle family law disputes has placed the wife in a difficult position. She wants to go back to her family in Lebanon, but fears that without an Islamic divorce, if she does she will be forced to return to her husband or be charged with abducting her own daughter. Reporting on the case yesterday, the Montreal Gazette says that Shahina Siddiqui, executive director of the Islamic Social Services Association suggested the woman obtain a civil divorce in Canada and then ask an imam or a panel of Muslim scholars to acknowledge the court divorce.

Detroit Muslim Says His Daughter Kept From Islam By State Caseworker

Yesterday's Detroit News reports that on Monday a suit was filed in a Michigan federal district court by a Muslim father who is in a custody fight over his daughter. The suit claims that the state's Department of Human Services and a local church are conspiring to prohibit his daughter from practicing Islam. Abraham Ben-Abbad of Dearborn alleges that a caseworker told his former wife that she could ignore a court order and keep their 13-year old daughter from visiting her father during Ramadan and on other religious holidays. He also claims that the caseworker permitted the pastor of Dearborn Assembly of God Church to help plan his daughter's future. The lawsuit claims that the church's pastor, Trey Hancock, operates an outreach program for American women married to Muslim men, and that his ministry is directed at converting Muslims to Christianity.

London Rabbi Cleared Of Excessive Noise Charges

In Britain, a High Court has ruled in favor of a North London rabbi charged with violating a noise abatement order. Yesterday's Metro reported that Rabbi Moshe Rottenberg had been charged by a Muslim neighbor of his synagogue with excessive noise-- chanting, stamping and shouting. However the crown court, overturning the rabbi's conviction by a magistrate, found that the noise was infrequent and did not amount to a nuisance. Rabbi Rottenberg's lawyers argued that the noise occurred only on holy days. The High Court, upholding the crown court, said that the judge did not have to follow the views of environmental health officers who thought the noise was excessive.

Rehearing Scheduled For Niqab-Wearing Woman's Small Claims Case

Yesterday's Detroit Free Press reports that a new hearing has been granted to Ginnnah Muhammad, the Muslim woman whose small-claims case in Hamtramck (MI) was dismissed last October when she refused a judge's order to remove her veil while testifying. (See prior posting.) Muhammad says she plans again to wear her niqab (full face veil). It is unclear what Judge Paul Paruk's reaction to this will be at the Feb. 21 hearing. The case involves claims between Muhammad and a rental car company.

Pakistan's Blasphemy Laws May Eventually Be Changed

Reform of Pakistan's blasphemy laws has become a subject of increasing interest. This recent background article from Pakistan's The News argues: "Blasphemy laws are objectionable for three fundamental reasons: (i) they violate Article 25 of the constitution that makes all citizens equal before law and entitled to its equal protection; (ii) they are manipulated to penalize and harass citizens belonging to minority communities; and (iii) they undermine free speech and encourage religious bigotry and obscurantism by threatening to persecute intellectuals and scholars who debate or question stereotypical views on religious doctrine."

The issue has become more pressing in light of last week's decision by the Lahore High Court overturning the 25-year sentence of a Christian, Shahbaz Masih Kaka. The court found that the original accusations against the mentally disabled youth, who had already spent 18 months in jail, were not credible. (AsiaNews.it, Jan. 22.) A senior Pakistani government official says that the blasphemy laws will be amended after the national elections that will be held later this year or early next year. Senator Mushahid Hussain Sayed, chairman of the Pakistan Senate's foreign affairs committee, said that action any earlier than that would give an election issue to opposition Islamic parties. (Catholic News, Jan. 25).

District Court Dismisses Poway School T-Shirt Claim As Related Cert. Petition Is Pending

Last April, the Ninth Circuit Court of Appeals upheld the denial of a preliminary injunction in a suit brought by two California high school students claiming that their high school improperly banned one of them-- Tyler Harper-- from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". A school rule banned the T-shirts as "hate behavior". A petition for cert. is pending in the U.S. Supreme Court. Now in Harper v. Poway Unified School District, (SD CA, Jan. 24, 2007), the district court has dismissed claims brought by Tyler Harper as moot because he has graduated. It also rejected the First Amendment and state law challenges to the school's hate behavior policies brought by Tyler's sister, Kelsie Harper. Yesterday's San Diego Union-Tribune reported on the decision. It says that Kevin Theriot, lawyer for the Harpers, says they will appeal the district court decision.

UPDATE: On Feb. 7, Alliance Defense Fund filed a notice of appeal on behalf of Tyler and Kelsie Harper.

Indian State Seeks Return Of Lands Held By Catholic Missionaries

The Indian state of Chattisgarh has filed 262 cases against the Catholic Church seeking to obtain the return of land on which Catholic missionaries have built hospitals, schools and other institutions. The state's government is controlled by the Hindu nationalist Bharatiya Janata Party. Relying on local legislation that bans the sale of Tribal lands to non-Tribals, in one of the cases a local court has required the Sisters of the Holy Cross return to 12 acres on which they built a monastery and a school. Asia News reported yesterday that more than 80,000 Tribals demonstrated in support of the Catholic Church last Monday. One demonstrator said that the land "was not stolen from us, but was regularly sold to the Church by our ancestors, which now uses it to help. We are happy for the schools and hospitals [because they] educate us and provide us with medical care."

Recently Available Prisoner Free Exercise Cases

In Cummings v. Darsey, 2007 U.S. Dist. LEXIS 4257 (D NJ, Jan. 16, 2007), a New Jersey federal district court permitted a Muslim prisoner to proceed with a challenge to a drug treatment program that he is required to attend. He claimed that it includes a religious component that is offensive to him as a Muslim and that attendance at the program prevents from attending most of the Muslim religious services that are available.

In Furnace v. Arceo, 2007 U.S. Dist. LEXIS 3725 (ND CA, Jan. 5, 2007), a California federal district court permitted a state prisoner to proceed with a free exercise and equal protection challenge claiming he was denied religious meals and refused a transfer to another prison that could provide him such meals.

Whitfield v. v. Illinois Dep't of Corrections, 2006 U.S. Dist. LEXIS 94779 (ND IL, March 20, 2006) is an older case that has just become available on Lexis. In it the court rejected a prisoner's claim that his right to practice his African Hebrew Israelite religion (including its dietary restrictions) was infringed, and that retaliation was practiced against him for filing a grievance. Plaintiff failed to prove that he was in fact affiliated with the African Hebrew Israelite religion.

Lawson v. McDonough, 2006 U.S. Dist. LEXIS 94681 (ND FL, Dec. 27, 2006) involved claims under RLUIPA and the Florida Religious Freedom Restoration Act by an Orthodox Jewish inmate who was serving a life sentence in Florida. He asserted that he was denied the right to observe over a dozen religious requirements. In a lengthy opinion, a federal magistrate judge in Florida federal district court recommended permiting him to move ahead with some of his claims, but dismissed others because plaintiff had not exhausted his administrative remedies or because of mootness or lack of standing to raise the claims.

Liberal Clergy Question Goal Of Proposed New Hampshire Bill On Marriages

In New Hampshire, House Bill 69 recently introduced into the legislature may interfere with the right of liberal clergy to perform religious wedding ceremonies for same-sex couples. Yesterday's Concord Monitor says, however, that the the bill's sponsor, Republican Representative Daniel Itse, denies that this is the bill's goal. He says it is aimed at strengthening separation of church and state and is neutral on the issue of same-sex ceremonies.

The bill would amend RSA 457.37 that currently exempts some religious officials from obtaining licenses to perform marriages. The amended statute would read: "Nothing contained in this chapter shall affect the right of ... religious officiants authorized by their church, religion, sect, or denomination to solemnize marriages in the way usually practiced among them, and all marriages so solemnized shall be valid unless proscribed by RSA 457:1 or RSA 457:2". Sections 457:1 and 2 prohibit, among other things, same-sex marriages.

Reform Rabbi Richard Klein of Temple Beth Jacob in Concord says the bill is a response to the growing practice among liberal clerics to stop asking for licenses from couples, gay or straight, who seek religious marriages. He fears that the statute implies some kind penalty-- such as loss of the right to perform any marriages-- for clergy who perform same-sex marriage ceremonies. He says that interferes with freedom of religion. Rev. Jed Rardin, pastor of South Congregational Church in Concord, says he officiates at marriage ceremonies for same-sex couples even though they are not legally recognized.

Philadelphia Anti-Gay Pride Protesters Lose Civil Rights Suit

Last week, a Pennsylvania federal district court handed a defeat to a group of evangelical Christians who brought civil rights claims after they were prevented from disseminating their anti-gay messages at a 2004 Philadelphia gay pride event. (See prior posting.) In Startzell v. City of Philadelphia, (ED PA, Jan. 18, 2007), the court held that Philadelphia's content-neutral permit requirement did not violate the group's First Amendment rights. It held that organizers of Philly Pride had the right to exclude the Christian group's contrary message from their event. The court found that the Philadelphia police acted to protect First Amendment rights and prevent violence at the event, saying that there is no constitutional right to drown out the speech of another person. Yesterday's Philadelphia Inquirer covered the decision and reported that an appeal is planned. [Thanks to How Appealing for the lead.]

Russian Court Finds Nude In Ad Violates Religious Norms

In Moscow this week, a Russian trial court has upheld a complaint brought by Russia's Federal Antimonopoly Service (FAS) against a magazine publisher that ran an ad featuring a semi-nude model in its Moulin Rouge magazine. Interfax reported yesterday that the FAS relied on quotations from the Bible and the Koran in demonstrating that the ad violates "the commonly accepted norms of humanity and morality" and contains "offensive images of the religious beliefs of natural persons". Alexander Osokin, lawyer for the publisher, Rodinov Publishing House, says his client will appeal. He said: "we did not insult religious things; the model in the advertisement does not hold any crosses or crescents or other symbols in her hands. The FAS can go too far in this way and turn our state into a clerical one."

Suit Seeks Right To Proselytize Outside Shopping Center

On Monday, Alliance Defense Fund filed suit in federal court against the city of Jacksonville, Florida on behalf Christian activist John Schaffer to vindicate his right to proselytize passersby near Jacksonville Landing shopping center. (Press release.) At issue are his speech rights in the exterior commons area and perimeter sidewalks of the Landing. These are owned by the city and are not leased to the shopping center. The complaint in Schaffer v. City of Jacksonville (full text) alleges violations of the First and 14th Amendments and of Florida's Religious Freedom Restoration Act. ADF has filed a Memorandum in Support of Plaintiff's Motion for Summary Judgment.

Court's Revocation of Treatment Alternative Not Based On Religion

In State of Ohio v. Caulley, (OH 12 Dist. Ct. App., Jan. 22, 2007), an Ohio appellate court upheld a trial judge's revocation of a community control sanction that allowed a convicted defendant to attend a treatment program instead of serving his 3-year prison sentence. Keith Caulley had asked to be removed from the MonDay program because it violated religious beliefs. He said that the program would require him to report the disruptive behavior of other participants, contrary to his religious beliefs. He believed that it is only God's job to judge.

In revoking the community control sanction and sentencing Caulley to prison, the judge made remarks such as: "Can you tell me where in the Bible it says it is all right to drink and drive, it is all right to flee the police, it is all right to steal your children? You have a record that is four pages long, what part of God's plan does that come under?" Caulley claimed that this demonstrates his sentence was based on his religious belief, in violation of Ohio Revised Code 2929.11(C) and the First Amendment's Establishment Clause. The Court of Appeals, however, disagreed, finding that the judge's remarks were merely an expression of skepticism regarding the sincerity of Caulley's religious beliefs that he claimed prevented him from completing the MonDay program

Jacksonville Settles "Day of Faith" Lawsuit

The city of Jacksonville, Florida has settled a suit filed against it last summer challenging city sponsorship of a Day of Faith anti-violence rally. (See prior posting.) Yesterday News4Jax reported that the city has issued a directive providing that all future city programs must have a secular purpose, must not advance or inhibit religion, and must not foster excessive entanglement with religion. The city will also pay plaintiffs, American Atheists, $5000 plus court costs.

Christian Leaders Press Again For Religious References In EU Constitution

Reuters reported this week that as Germany is attempting to revive efforts to get agreement on a Constitution for the European Union, Catholic and Protestant leaders are stepping up their campaign to have a reference to Europe's Christian heritage included in the document. A 2004 draft included a reference to the continent's "cultural, religious and humanist heritage". Christian religious leaders however are urging German Chancellor Angela Merkel -- a pastor's daughter -- to press for a stronger statement during her current term as EU president. However religious leaders are unlikely to be successful since the EU is currently negotiating with largely Muslim Turkey for its entry into the EU. (See prior related posting.)

Suit Claims Church-Sponsored Youth Cabaret Is Religious Activity

In Albany, New York, Trinity Methodist Church has been charged with zoning violations because its New Age Cabaret featuring drug- and alcohol-free shows is considered by the city to be an illegal nightclub. Today's Albany Times Union reports that police ordered the show closed down last July after neighbors complained about noise and youths on the street. In December, City Court Judge Gary Stiglmeier rejected the church's motion to drop the zoning charges, and set trial to begin February 2. Stiglmeier wrote that the protection for religion extends to "worship or the discussion of religious beliefs, participating in the sacramental use of bread and wine, and proselytizing," and that here the Church was trying to improperly extend the definition. However, Michael Rhodes-Devey, a lawyer representing Trinity in the federal lawsuit, said: "There is no difference between Trinity's shows and the dinner dance for couples at the Catholic church where they play music that has nothing to do with religion."

Last Friday Trinity Church filed suit in federal district court claiming that the city is violating the church's free exercise of religion. The church is seeking a federal order permitting it to reopen its musical shows. It will also seek a postponement of the zoning violations trial in state court.

Catholic Church In England Threatens To Close Adoption Services Over Gay Rights Law

BBC News reports today that Cardinal Cormac Murphy-O'Connor, the head of the Catholic Church in England and Wales, has written to Britain's cabinet ministers to tell them that the Church will be forced to close down its adoption agencies if the Church is not permitted an exemption from new rules that will require agencies to permit placement of children with gay and lesbian couples. The Equality Act, which comes into force in England, Scotland and Wales in April, prohibits discrimination in the provision of goods, facilities and services on the basis of sexual orientation. Catholic Church's agencies handle only 4% of all adoptions (about 200), but these comprise about one-third of the children who are difficult to place. (See prior related posting.)

Australian State Funds Rebuilding Of Destroyed Catholic Church

In Australia, the government of the state of Western Australia has given $2.5 million in disaster aid to the Catholic Diocese of Bunbury to help rebuild historic St Patrick's Catholic Cathedral that was largely destroyed in a 2005 tornado. Developments were reported in today's Catholic News. The Australian Constitution imposes some constraints on the federal government under its establishment clause, but these do not limit the separate Australian states. (Background).

Court Orders Illinois To Issue "Choose Life" License Plates.

Last week in Choose Life Illinois, Inc. v. White, Case No. 04-C-4316 (ND IL, Jan. 19, 2007) [opinion available on PACER] an Illinois federal district court ordered the Illinois Secretary of State to issue "Choose Life" specialty license plates, finding that the Secretary of State's denial amounted to unconstitutional viewpoint discrimination against private speech. The court found that under Illinois law, enabling legislation is not needed for each new specialty plate design, so long as the requisite number of applications for a plate design is received and other design requirements are met. The district court stayed its order for 30 days so the state would have time to file an appeal. Today's Chicago Tribune reports on the decision.

Church Autonomy Leads To Dismissal of Damage Claim For Disfellowshipping

In Anderson v. Watchtower Bible and Tract Society of New York, (TN App., Jan. 19, 2007), a Tennessee state appellate court dismissed a suit brought by two former members of the Congregation of Jehovah's Witnesses seeking $20 million in damages because of their expulsion from the organization and related injuries. They asserted various claims growing out of their disfellowshipping and shunning after they went public with charges about the church's handling of child sexual abuse allegations. The court held that plaintiffs' claims should have been dismissed because they are barred by the First Amendment's protection of purely religious matters from interference by secular courts. The court rejected plaintiffs' claims that the religious reasons given by the church were merely pretexts-- saying that courts are precluded from making that sort of inquiry. The court also rejected plaintiffs' defamation claims. The Associated Press reported on the decision yesterday.

Cert Filed In Title VII "Ministerial Exception" Case

The Associated Press reported yesterday that a petition for certiorari has been filed with the U.S. Supreme Court in Petruska v. Gannon University. In the case, the U.S. 3rd Circuit Court of Appeals had held that the "ministerial exception" to Title VII of the 1964 Civil Rights Act precluded recovery by a female chaplain who claimed that she was demoted at Gannon University because she was a woman. (See prior posting.)

6th Circuit Ends Funds For Faith-Based Group That Coerces Religious Participation

In Teen Ranch, Inc. v. Udow, (6th Cir., Jan. 17, 2007), the U.S. 6th Circuit Court of Appeals upheld the decision of Michigan's Family Independence Agency to stop placing abused, neglected and delinquent children with Teen Ranch because the faith-based organization coerces religious participation and incorporates religious teaching as part of its treatment plan for troubled youth placed there by the state. The Michigan statue authorizing contracts with faith-based organziations provides that no state funds shall be used for sectarian worship, instruction, or proselytization. The provision follows the madate of federal law. The Court of Appeals upheld the district court's finding that youth participants did not have a true private choice to opt out of religious activities. Finally the court held that federal law, 42 USC 604a, limits Teen Ranch to a suit in state court insofar as it is attempting to assert a violation of provisions of federal law allowing faith-based organizations to participate in contracts using federal funds given to states under the TANF block grant program.

As Appeal About To Be Argued, Controversial Texas Monument Is Removed

Tomorrow the U.S. 5th Circuit Court of Appeals will hear arguments en banc in Staley v. Harris County Texas, to review a 2-1 a panel decision upholding an Establishment Clause challenge to a monument to a local philanthropist that contained a Bible and was located on the grounds of the Harris County, Texas courthouse. (See prior posting.) However the case now takes on a new twist. Today's Houston Chronicle reports that last Friday the monument was totally removed from the courthouse lawn as part of a courthouse renovation. The Bible had already been removed in response to a federal court order. The contractor carrying out the renovation said the county wants to reinstall the monument elsewhere on county property with the Bible back in it. Plaintiff's attorney Randall Kallinen says this is an attempt by the county to get the case dismissed as moot.

UPDATE: A report from the Houston Chronicle covers oral arguments that were held on Tuesday before 16 judges on the 5th Circuit. Questions focused on whether the case had become moot, instead of focusing on the merits. In response to a question from Judge E. Grady Jolly, plaintiff's lawyer said his client would accept a mootness finding if the district court's decision and ruling on attorney fees were not vacated.

RLUIPA Suit In Offing Over Proposed NY Rabbinical College

Yesterday’s New York Times reported on a religious land use dispute in the village of Pamona, New York. The Brooklyn-based Congregational Rabbinical College of Tartikov has purchased 100 acres of land in the village for $13 million in the Rockland County village. It plans to build a college to educate rabbis to become religious judges in civil disputes among Orthodox Jews. Organizers say 1,000 rabbis would be housed here along with their families in buildings as tall as 6-stories. Each rabbi would study for 15 years. The formal proposal which is expected next month, will call for as many as ten buildings with up to 4,500 residents and parking for 1,000 cars. The current population of Pamona is only 3,200. Already there are problems with adequate sewers and drinking water. City officials expect a RLUIPA lawsuit to be filed in order for the group to get the zoning approvals it needs. Also, the history of bloc voting by growing Orthodox Jewish communities has increased their influence in local politics.

Pennsylvania School District Mulls Closings For Muslim Festivals

In Allentown, Pennsylvania, the Parkland School District board next month will consider a request that schools close down for the Islamic feast of Eid al-Fitr, Eid al-Adha, or both. Yesterday’s Morning Call discusses the issues that school boards face in deciding whether to close down for various religious holidays.

Scotland Yard Has Problem Accommodating Muslim Recruit

Accommodation of Muslim religious practices by British authorities seems to be posing problems. The Mail today reports on an incident involving a graduating British police recruit. To mark the completion of the 18 weeks of basic training by the recruits, Scotland Yard held a ceremony at which Metropolitan Police Commissioner Sir Ian Blair was to inspect the 200 graduates. One of the graduating recruits-- described as a non-Asian Muslim-- told her training supervisor ahead of time that she could not shake Sir Ian's hand because it was against her religion. The recruit, who wore a traditional Muslim hijab headscarf, also declined to be photographed with Sir Ian because she did not want her picture used for "propaganda purposes" in attempting to recruit Muslims to the police force. While some officers feared that the recruit's beliefs might impede her ability to perform her police duties, she denies this. She says she has no problem in physical contact with men as part of her professional duties. But the graduation parade, she said, was a personal event where here religious beliefs preclude physical contact with unrelated men.

The Mail described the Police Commissioner as "bloody furious" with the recruit's request, but said he agreed in order "not to cause a scene". Apparently he shook hands with all the other recruits in a way that made obvious the Muslim woman's refusal. Life Style Extra says that the incident provided the exiled Saudi-born founder of al-Muhajiroun, which calls for the creation of Sharia law in Britain, the opportunity to tell British Muslims that they should not join the police force because it enforces man-made laws and is against Islam. [Thanks to Little Green Footballs for the lead.]

Vatican Seeks Greater Recognition By China, Turkey

Last week the media reported on talks between the Vatican and two separate countries to improve relations. After two days of meetings between the Vatican and Chinese officials (New York Times, Jan. 20) over whether the Vatican has control over the appointment of Catholic bishops in China, on Saturday the Vatican issued a conciliatory statement (New York Times, Jan. 21) saying it wanted a "respectful and constructive dialogue" to rebuild diplomatic ties with China. However the statement also noted the "grave suffering" of "bishops, priests and the faithful, who without ceding to compromises, have maintained their faith to Seat of St. Peter.

Meanwhile, last week during a meeting with Turkey's new ambassador to the Holy See, Pope Benedict XVI called on Turkey to give the Catholic Church legal status as a recognized religious institution. (AKI, Jan. 19).

Recent Scholarly Publications On Law and Religion

From Bepress:

Mark A. Levine, Put That in Your Thurible and Smoke It: Religious Gerrymandering of Sacramental Intoxication, (Jan. 16, 2007).

From SSRN:

Robert W. McGee, The Ethics of Tax Evasion: A Survey of Episcopal Seminarian Opinion, (Jan. 2007).

Ana Batricevic, Marriage in Compliance with the Serbian Orthodox Church, (March 22, 2006).

From SmartCILP:

Sylvie Langlaude, Indoctrination, Secularism, Religious Liberty, and the ECHR, 55 International & Comparative Law Quarterly 929-944 (2006).

The Journal of Law and Religion (Vol 21, No. 2 has been published). The full table of contents is available online. Among the articles are: AALS 2006 Annual Meeting Papers, Professional Responsibility and the Religious Traditions; and a Law, Religion and Ethics Symposium.

Recently published articles in other journals:
Judge and Society in Antiquity, edited by Bernard M. Levinson and Aaron Skaist. Maarav: A Journal for the Study of the Northwest Semitic Languages and Literatures 12:1–2 (published 2006) includes the following:

Bernard M. Levinson, Deuteronomy’s Conception of Law as an "Ideal Type": A Missing Chapter in the History of Constitutional Law.

Amihai Radzyner, Talmudic Law as Religious Law: The Source of the Desire to Limit Judicial Powers.

New Book:

Gad Barzilai (ed.), Law and Religion, (Ashgate Publishing, Jan. 2007).

Wiccan Employee Accuses Starbucks of Discrimination

Yesterday's Oregonian reported that a suit was filed earlier this month in federal district court in Portland, Oregon by a former employee of Starbucks accusing the company of discriminating against her based on her Wiccan religion. Alicia Hedum, formerly a barista a manager at Starbucks' Hillsboro Landing cafe, said her manager asked her several times to remove her Wiccan cross even though other employees, including the manager, wore Christian crosses.
Hedum said when she would not do so, Starbucks retaliated by refusing to promote or transfer her, reduced her hours and focused on her "minor tardiness."

Kentucky Trial Court Upholds Christian Medi-Share Under Insurance Law

A Franklin County, Kentucky trial court earlier this week ruled in favor of Christian Care Ministry’s Medi-Share Program. The program brings Christians together to share the cost of their medial bills, and support one another with prayers and notes of encouragement. The state Department of Insurance had challenged the program claiming that it fell under the insurance regulatory laws. Judge Thomas D. Wingate however ruled that the program does not involve risk shifting, and so is not subject to Kentucky’s insurance laws. A press release from Medi-Share discussing the decision said that since 1993, members of the program have shared more than $250 million in medical expenses. (See prior related posting.)

California Pastor Won't Disperse Homeless From Church Steps

Today's Los Angeles Times reports that the pastor of Long Beach, California’s First Congregational Church is refusing to comply with orders from the city prosecutor’s office to disperse the 15 to 20 homeless people who camp each night on the steps between the sidewalk and the front door of the church. The prosecutor says that its office has received complaints about urination, defecation and littering, and that the church could face fines of $1000 per day for maintaining a nuisance. The church is relying on a ruling in by the U.S. Second Circuit Court of Appeals protecting a similar situation at midtown Manhattan’s Fifth Avenue Presbyterian Church. (See prior posting.) The prosecutor’s office says a number of the homeless people, who cart cardboard and blankets through the neighborhood to the church each night, have been informed that nearby shelters are available to them. However City Council member Bonnie Lowenthal says the city does not have enough housing for the homeless available. The city and First Congregational Church’s pastor Jerald Stinson will meet shortly to see if a compromise can be worked out.

Tension Between Church and Venezuela's Chavez

Today’s International Herald Tribune reports increasing tension between the Catholic church and Venezuelan President Hugo Chavez. A number of church leaders are concerned that Chavez’s socialist reforms will infringe free speech and religious education. Chavez, however, says, "Christianity is essentially socialist, so no one — no Christian, no Catholic — should be alarmed."

Controversial Utah Bill On Free Exercise Moves To Senate

Yesterday in Utah, the controversial Free Exercise of Religion Without Government Interference Bill (SB 111) was approved 4-2 by the state Senate Government Operations and Political Subdivisions Committee. Three newspapers today reported on the hearings: Deseret News, Salt Lake Tribune and Daily Herald.

SB 111 would prohibit any state or local governmental unit from substantially burdening religion, even through a neutral law of general applicability, unless the government shows a compelling interest and that it is using the least restrictive means to further that interest. (Suits by prison inmates are governed by a less restrictive standard.) The bill provides that a substantial burden can occur even though the belief or practice at issue is not a central part of a person’s religion. It authorizes injunctive and declaratory relief as well as the recovery of court costs and attorneys’ fees. Suits may be brought against the government or a government official in his or her official capacity, but not against a government official in his or her individual capacity. The law allows a substantial burden on religion to be asserted as a defense in a judicial or administrative proceeding

The bill’s sponsor, Sen. Chris Buttars, said that it will protect practices like the singing of Christmas carols on the steps of city hall, and Mormon students wearing T-shirts to school with the slogan “CTR” (Choose the Right). Utah’s Attorney General, however, raised concerns that the law would lead to increased litigation against the state. He said the bill might protect a student who wears a Satanic T-shirt to school by claiming to worship Satan. University officials are concerned that the bill might allow students to challenge a class offered at a time that conflicts with a religious holiday or their time of prayer.

En Banc Review Sought In 5th Circuit School Board Prayer Case

Yesterday, both sides filed motions asking the U.S. 5th Circuit Court of Appeals to grant en banc review of a 3-judge panel’s fragmented December decision in Doe v. Tangipahoa Parish School District. (See prior posting.) The three judge panel was unable to agree on whether the Lemon case or the Marsh (legislative prayer) case governed invocations at school board meetings. 2theadvocate reported today on these developments.

Parents Sue For Vaccination Exemption For Son

In Albany, New York, parents are suing to get their 5-year old son into elementary school, and are seeking $1 million in damages, claiming religious discrimination. Their son was refused admission to South Colonie School District's Saddlewood Elementary School on the grounds that he has not received routine immunizations. The child's mother is Catholic and father is Jewish. They say it is against their religious beliefs to permit their son to be vaccinated. New York law permits an exemption on religious grounds. However the state has refused them an exemption, saying their objection is personal and not religious. Their attorney says that the state is requiring the parents to belong to a church that forbids vaccination, and that this is imposing a religious test on them. The filing of the suit was covered today in the Albany Times Union and by WTEN News.

Pakistani Christian Released On Bond In Blasphemy Case

Journal Chretien yesterday reported that for the fist time ever in Pakistan, a defendant charged with blasphemy under Section 295B of the Pakistan Criminal Code has been released from jail on bond pending his trial. Shahid Masih, a 17-year old Christian, was arrested last September after he was accused of stealing a copy of the Quran and burning it. He was granted bail earlier this week. The Centre for Legal Aid, Assistance and Settlement says that the charges against Masih were fabricated. Masih has been taken to an undisclosed location because of fear for his and his family's safety.

Police Close Catholic Parish In India To Prevent Clashes Over Language For Mass

In southern India, police have closed down a Catholic parish because of physical clashes between two competing groups in the parish over the language that will be used to celebrate Mass. Indian Catholic reported yesterday that Kannada and Tamil Catholics from Mother of God Parish in Jakkalli (2200 km south of New Delhi) are involved in the dispute that has found its way into court as well.

Last July, the Diocese insisted that the parish follow the diocesan policy of conducting Sunday Masses only in Kannada, but with one reading and two hymns in Tamil. That led Tamils to boycott Mass and to file a lawsuit over the issue. On Dec. 13, a local court upheld their right to have Masses in Tamil and ordered the diocese not to interfere. This led the parish to resume its earlier practice of conducting the first Mass in Kannada and the second in Tamil. On Dec. 24 and 25, police were present at both Masses to keep order, but when they left youths from the two groups clashed.

Egyptian Blogger Goes To Trial For Insulting Islam

Yesterday in Egypt for the first time a blogger went on trial for insulting Islam in his online writings. The Associated Press reports that Abdel Kareem Nabil, a critic of conservative Muslims and especially of al-Azhar University, was charged with inciting sedition, insulting Islam, harming national unity and insulting the president of Egypt. Another blogger, Seif al-Islam, said the government was likely prosecuting Nabil as part of its "competition with the Muslim Brotherhood to show its Islamic credentials." The trial of Nabil whose Arabic language blog often criticized both Islamic authorities and Egyptian President Hosni Mubarak was adjourned until January 25 to give defense counsel time to review the indictment.

Rehearing To Be Sought In 4th Circuit "Good News Club" Case

An Anderson (SC) School District will ask the U.S. 4th Circuit Court of Appeals to grant a rehearing in Child Evangelism Fellowship v. Anderson School District 5 (see prior posting). Last December, the court questioned the rule under which the school refused to waive a usage fee for religious Good News Club meetings. The court said that the rule did not give administrators sufficient guidelines to prevent content-based discrimination. Wednesday's Anderson Independent Mail says that the school's insurers recommended the petition for a rehearing.

Irish Prelate Urges Repeal Of Ban On Catholic Monarch

Bishop Alan Harper, new head of the Irish Anglican church, says that the ban on Catholics and those married to Catholics becoming the British monarch should be abolished. Catholic News reported yesterday that Harper urged repeal of the 1701 Act of Settlement, saying that it "belongs to its time and we should move on".

Radical Sheik In Australia May Be Charged For Inciting Violence

In Australia, Federal Police are investigating a series of DVD's featuring radical Sheik Feiz Mohammed, the leader of the Global Islamic Youth Centre in Sydney. Called the "Death Series", the DVDs urge young Muslims to to sacrifice themselves for Islam, talk of a Muslim killing a Jew and ridicule Jews as pigs. Today's Sydney Morning Herald reports that Australia's Acting Attorney-General, Kevin Andrews, labeled the preachings an "importation of hatred" and said an investigation had been launched. He told reporters, "There is an offense in Australia, in broad terms, for a person to incite violence against another person or group of people based on political opinion or religious grounds or belief."

Ohio Trial Court Dismisses Ritualistic Torture Case On Statute of Limitations Grounds

Today's Toledo (OH) Blade reports that the Lucas County (OH) Common Pleas Court has dismissed on statute of limitations grounds a civil suit against Fr. Gerald Robinson that accused him, Gerald Mazuchowski, a former lay minister, and others of bizarre ritualistic torture and rape that supposedly took place some 40 years ago. The result was required by Ohio Supreme Court precedent. The plaintiff, identified only as "Survivor Doe", said that Robinson and other men, dressed in nun's clothing chanted Satanic verses, cut her with a knife as a sacrifice to Satan, drew an upside-down cross on her abdomen, and forced her to drink the blood of sacrificed animals, such as a rabbit. Also she says she was forced to perform sexual acts on the men. The abuse originally took place at a North Toledo church, and later in an unidentified wooded area. The lawsuit claims that Robinson and Mazuchowski "had a close relationship with Survivor Doe's mother, who also participated in the ceremonies in the woods and was becoming high priestess of Satan." Robinson was convicted last year of murdering a Roman Catholic nun in 1980. (See prior posting.)

Ministerial Exception Leads To Dismissal Of FLSA Claims

In Schleicher v. The Salvation Army, 2007 U.S. Dist. LEXIS 2836 (SD IN, Jan. 12, 2007), an Indiana federal district court dismissed a claim under the Fair Labor Standards Act brought by two former ministers of the Salvation Army for unpaid wages and overtime pay. The court held that the "ministerial exception" developed under Title VII of the Civil Rights Act also applies to suits under the FLSA. The exception prevents courts from intruding on matters of church administration. The court also held that the exception applies even though plaintiffs' duties were primarily to operate Salvation Army Thrift Stores. It said that those stores not only provide funds to support The Salvation Army's Adult Rehabilitation Centers, but also provide work therapy for the beneficiaries who reside there.

Comedian Must Pay Real Estate Commission To Sabbath-Observant Broker

The New York Law Journal and the New York Post earlier this week both reported on a lawsuit against Comedian Jerry Seinfeld by a real estate broker whose religious observance almost led to her not getting her commission on the sale of a $3.95 million townhouse to Seinfeld. Real estate broker, Tamara Cohen, acting as a co-broker, showed an 82nd Street townhouse to Seinfeld's "estate manager", and then a second time to him and Seinfeld's wife Jessica. However, when on the next day-- a Saturday-- Cohen failed to return a telephone call, Seinfeld and his wife went back to the townhouse and negotiated a purchase directly from the owner. Cohen's delay in returning the call-- that had been placed by Seinfeld's estate manager-- was because she had her telephone turned off for the Jewish Sabbath. Seinfeld testified that he did not know this was the reason for Cohen's not calling back. In Cohen's suit for her commission, New York state Supreme Court (trial court) Judge Rolando Acosta ruled that Cohen was entitled to her sales commission.

No 1st Amendment Bar To Sex Abuse Claims Against Churches; But No Liability Found

In C.B. v. Evangelical Lutheran Church in America, (MN Ct. App., Jan. 16, 2007), a Minnesota state appellate court rejected claims by several churches that the Free Exercise and Establishment clauses preclude the court from having jurisdiction over a claim against them on behalf of a minor who was sexually abused by a retired Lutheran minister. (The suit was brought by a mother on behalf of her minor daughter.) The court held that the claims arise out of standard tort law and merely require a determination of whether the minister was an employee of the churches and whether the abuse occurred within the scope of the alleged employment. This does not excessively entangle the court in the interpretation of doctrinal matters. However, the court upheld summary judgment that had been granted in favor of the churches because it found that the minister was not an employee of any of them. With no employment relationship, claims against them for vicarious liability, negligent supervision, and ratification, could not be maintained.

Evangelicals and Scientists Urge Political Movement on Environmental Issues

The National Association of Evangelicals announced yesterday a first of its kind collaboration with scientists from the Center for Health and the Global Environment at Harvard Medical School to encourage protection of the environment. The coalition sent its "Urgent Call To Action" to President Bush and Congressional leaders urging "fundamental change in values, lifestyles, and public policies required to address these worsening problems". The coalition plans an ongoing effort, including release of a Creation Care Bible study guide. Reuters, reporting on the coalition's activities, said that one hurdle was for scientists to become used to terminology-- such as "responsible care for Creation"-- used by evangelicals in referring to environmental concerns. [Thanks to Alliance Alert for the lead.]

North Carolina Appeal Finds Quran-In-Court Suit Justiciable

Yesterday in American Civil Liberties Union of North Carolina, Inc. v. Matteen, (NC Ct. App., Jan. 16, 2007), the North Carolina Court of Appeals held that enough of an actual case or controversy exists that a challenge can move forward to North Carolina's practice of only allowing court witnesses and jurors to be sworn in on the Christian Bible. Reversing the trial court's earlier decision (see prior posting), the Court of Appeals found that an actual controversy existed between the state and both a Muslim whose request to be sworn in using the Quran had been refused, and Jewish members of the ACLU who, if called for jury duty or as witnesses, would prefer to be sworn in using the Old Testament.

Now the case will go back to the trial court for it to decide the merits of the ACLU's claim that when the statute, N.C.G.S. § 11-2, calls for persons be sworn in using the "Holy Scriptures", that should be interpreted to include not just the Christian Bible, but also other religious texts including the Quran, the Old Testament, and the Bhagavad-Gita. The ACLU says that if this is not the case, then the statute is unconstitutional under the free exercise andestablishmentt clauses of the federalconstitutionn and under the religious liberty provision of North Carolina's constitution (Art. I, Sec. 13).

The Associated Press yesterday reported on the Court of Appeals decision.

European Hindus Oppose EU Proposal To Ban Swastika

As Germany's Prime Minister Angela Merkel assumes her 6-month term as president of the European Union, Germany is encouraging the EU to harmonize laws across all member nations to make Holocaust denial a crime and ban Nazi symbols, particularly the swastika. (BBC News, Jan. 15). However, Hindus across Europe are organizing to oppose a ban on the swastika. There is even an online petition to register opposition. Hindus have used the symbol for 5,000 years to represent peace. It is used at Hindu weddings to mean May Goodness Prevail. (The Australian, Jan. 17.)

Evangelical Marine Chaplain Claims New Retaliation By Navy

Sparring between the United States Navy and some of its evangelical Christian chaplains over Navy policies on sectarian prayer continues. Baptist Press reported yesterday that Marine chaplain Lt. Cmdr. Gary Stewart claims the Navy is retaliating against him because of his efforts to challenge a 2006 Navy policy mandating that chaplains use non-sectarian prayers at service-wide events. In a lawsuit filed last year by 41 current and former chaplains, Stewart claims he was reprimanded for praying in Jesus’ name and relieved of his duties at the Great Lakes Naval Training Station. Now Stewart has filed a complaint with the Department of Defense’s inspector general claiming new retaliation.

Stewart says he was transferred on short notice to a Tennessee naval base after, at a meeting in South Carolina Sen. Lindsay Graham’s office, he engaged in an exchange with former Chief of Chaplains (and current U.S. Senate Chaplain) Barry Black over what Black knew about actions taken by the Navy against evangelical chaplains. The meeting concerned an attempt to get Congress to reverse Navy policy. (See prior posting.)

Moroccan Journalists Get Suspended Sentence For Article On Religious Jokes

In Morocco, a court this week handed down three-year suspended sentences to the editor and to a reporter of the independent weekly magazine Nichane, according to a report yesterday by the Committee to Protect Journalists. They were charged with denigrating Islam under Morocco’s Press and Publication Law because of a 10-page article analyzing popular jokes about religion, sex, and politics. (See prior posting.) The journalists were also fined the equivalent of US$9,300. The prison terms can be imposed if either defendant is convicted of a future offense. The defendants could have been sentenced to as much as 5 years in prison.

Today Is National Religious Freedom Day

Today is National Religious Freedom Day-- the anniversary of the adoption of the Virginia Statute for Religious Freedom by the Virginia legislature on January 16, 1786. Last week, President George W. Bush issued a Proclamation formally setting this year's commemoration. The Proclamation, in part, said: "Across the centuries, people have come to America seeking to worship the Almighty freely. Today, our citizens profess many different faiths, and we welcome every religion. Yet people in many countries live without the freedom to worship as they choose and some face persecution for their beliefs. My Administration is working with our friends and allies around the globe to advance common values and spread the blessings of liberty to every corner of the world. Freedom is a gift from the Almighty, written in the heart and soul of every man, woman, and child, and we must continue to promote the importance of religious freedom at home and abroad."

President Signs Red Cross Treaty Protocol Creating Emblem Usable By Israel

Last Friday, President Bush signed the instrument of ratification for the Third Additional Protocol to the 1949 Geneva Conventions, and also signed into law H.R.6338, the "Geneva Distinctive Emblem Protection Act of 2006" (signing statement). The Protocol's ratification will lead to the admission of Israel's Magen David Adom as a member of the International Red Cross and Red Crescent Movement. For decades, Muslim countries refused to permit Israel's emergency service to membership because MDA used the Star of David as its emblem. The Protocol creates a new "Red Crystal" as an emblem-- and permits Israel to place the Star of David inside the diamond shaped crystal. (See prior posting.) The Protocol was finally adopted by 29th International Conference of the Red Cross and Red Crescent last June. The accompanying legislation signed last week by President Bush punishes improper use of the new emblem in the United States.

RLUIPA Suit Filed In Illinois; Another Settled In New Jersey

Today's Courier News reports that in Elgin, Illinois, HELPS Ministry, the operator of a downtown homeless shelter, has filed suit in federal court claiming that the city has violated HELPS' free exercise rights and its rights under RLUIPA. The suit alleges that the city has indefinitely delayed a vote on granting it a conditional use permit to reopen its shelter at Family Life Church after the facility had been closed down for code violations that made it unsafe for overnight occupancy. The city's zoning board voted unanimously to recommend the permit, but before the Nov. 29, 2006 City Council meeting at which the recommendation was to be approved, the item was removed from the agenda "and sent to the city's legal department indefinitely." Since it was forced out of Family Life, HELPS has provided sleeping space for the homeless on its school bus, at various churches and at a Christian camp.

In Bedminster Township, New Jersey, Church of the Hills and the township have reached an agreement that will permit the church to expand the size of its facility. (Bridgewater, NJ Courier News.) The church had sued under RLUIPA after the township denied it a crucial zoning variance. (See prior posting.) Under the terms of the settlement, the church agrees to various limits that will deal with concerns about excessive noise levels and other disruptions. In the settlement, which still must be approved by the court, the township has agreed to pay the church $150,000. Of that amount, $100,000 is covered by the township's insurance.

Congress Imposes Sanctions On Belarus For Denying Religious Freedom

President Bush, last Friday, signed H.R. 5948, the Belarus Democracy Reauthorization Act of 2006. Part of the new law imposes various sanctions on Belarus until it makes significant progress in meeting a long list of desired democratic reforms. Among the conditions imposed are the release of individuals in Belarus who have been jailed based on their religious beliefs and the cessation of all forms of harassment and repression against religious organizations. The initial Findings in H.R. 5948, conclude in part: "The Lukashenka regime has increasingly subjected leaders and members of minority and unregistered religious communities to harassment, including the imposition of heavy fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith."

Malaysia Will Not Force Non-Muslims To Testify In Sharia Courts

In Malaysia, the Chief Judge of the country's Syariah Judiciary Department, Datuk Sheikh Ghazali Abdul Rahman, announced at an international conference on family law that non-Muslims would no longer be forced to attend Syariah courts to testify in cases involving differences between Muslims and non-Muslims. (Bernama.) The issue has been raised in the wake of high-profile cases involving the question of whether an individual had changed religious affiliations. (Sun2Surf).

German Court Upholds Ban On Teachers Wearing Head Scarves

The Associated Press reports today on a decision issued by the Constitutional Court of the German state of Bavaria that upholds a ban on German teachers who are Muslim wearing head scarfs while teaching. A 2004 Bavarian law prohibits teachers in class from wearing clothing or other items that express views "incompatible with the basic values of the constitution and its educational goals, including western Christian educational and cultural values." Bavarian educational authorities have interpreted the law to ban head scarves, while permitting Roman Catholic nuns to wear head-covering habits in schools. The court ruled that the Bavarian law did not infringe freedom of religion and did not discriminate against non-Christians. Albin Dannhaeuser, head of the Bavarian teachers association, said there are only two Muslim female teachers in Bavaria. Both of them wear hats in order to get around the ban on head scarves. The Islamic Religious Community is considering whether to appeal the case to Germany's Federal Constitutional Court.

MLK Day and Church-State Issues

Today is Martin Luther King Day-- celebrating the birthday of the nation's pre-eminent modern civil rights leader. The relationship of the King federal holiday to church-state issues is intriguing. Even though King was a minister, and his movement was suffused with religious overtones, the President's Proclamation (full text) declaring today as the Martin Luther King, Jr., Federal Holiday makes no mention of religion, prayer or Dr. King's religious connections. Exactly what constitutes appropriate celebration of the holiday has never been clear. President Bush merely says: "I encourage all Americans to observe this special day with appropriate civic, community, and service programs and activities in honor of Dr. King's life and legacy."

One of Dr. King's most complete expressions of his views on church-state issues took place in an interview which few in either religious or political affairs would grant today-- an interview with Playboy Magazine (Jan. 1965) (full text). The interviewer was Alex Haley. When asked about mistakes he had made, King said:

the most pervasive mistake I have made was in believing that because our cause was just, we could be sure that the white ministers of the South, once their Christian consciences were challenged, would rise to our aid.... The projection of a social gospel, in my opinion, is the true witness of a Christian life.... The church once changed society. It was then a thermostat of society. But today I feel that too much of the church is merely a thermometer, which measures rather than molds popular opinion.

However, when asked his view of the U.S. Supreme Court's decision striking down school prayer, King said:

I endorse it. I think it was correct. Contrary to what many have said, it sought to outlaw neither prayer nor belief in God. In a pluralistic society such as ours, who is to determine what prayer shall be spoken, and by whom? Legally, constitutionally or otherwise, the state certainly has no such right. I am strongly opposed to the efforts that have been made to nullify the decision. They have been motivated, I think, by little more than the wish to embarrass the Supreme Court.

Recent Scholarly Articles On Law and Religion

From SSRN:
> Ira C. Lupu & Robert W. Tuttle, The Limits of Equal Liberty as a Theory of Religious Freedom, (Texas Law Review, April 2007), review of Christopher L. Eisgruber and Lawrence G. Sager, Religious Freedom and the Constitution, (Harvard University Press, 2007).

> Kay E. Goodall, Incitement to Religious Hatred: All Talk and No Substance?, (Modern Law Review, Jan. 2007).

From Theoretical Inquiries In Law:
> Peter Fitzpatrick, "What Are the Gods to Us Now?": Secular Theology and the Modernity of Law, (Vol. 8, No. 1, 2007).

From SmartCILP:
> Richard Albert, Religion in the New Republic, 67 Louisiana Law Review 1-54 (2006).

> Shubba Ghosh, Belief: An Essay in Understanding, 54 Buffalo Law Review 807-831 (2006).

> Steven K. Green, Religion Clause Federalism: State Flexibility Over Religious Matters and the "One-Way Ratchet", 56 Emory Law Journal 107-124 (2006).

> Martin H. Pritikin, Punishment, Prisons, and the Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, 28 Cardozo Law Review 715-778 (2006).

> Christian Faith and Political Life: A Dialogue. Introduction by Randy Beck; articles by Jason Carter; response by Randy Beck; reply by Jason Carter. 41 Georgia Law Review 65-168 (2006).

Ohio's Governor Pinch-Hits On Invocation; Officials Choose Various Books For Oath

In an unusual twist on invocations at public ceremonies, yesterday at the formal inauguration of Ohio's new governor, Ted Strickland, the minister who was scheduled to deliver the invocation failed to show up. Governor Strickland, an ordained Methodist minister, filled the gap. He probably became the first public official anywhere to deliver-- unrehearsed-- an invocation at his own inaugural. No explanation appears to have been published for the failure of Portsmouth, Ohio's Rev. Evan Fisher-- a Strickland family friend-- to show up. (Akron Beacon Journal, Cincinnati Enquirer.) After that, Strickland was sworn in on a Bible printed in 1763 and used by Ohio's second governor in 1807 for his inaugural. Strickland's Lieutenant Governor, Lee Fisher, who is Jewish, was sworn in on a Bible owned by his wife, Peggy, and three copies of the Torah owned by other family members. (Columbus Dispatch).

Meanwhile other Ohio office holders mostly used a Bible to take their oaths of office. However, Jewish state Sen. David Goodman used a prayer book that belonged to his grandfather. Hindu state Rep. Jay Goyal followed the lead of all the other state House of Representatives members being sworn in and carried no book at all during the formal ceremony on the House floor. (Columbus Dispatch).

School Bathroom Is No Place For Biblical Verses

In Kentucky, the bathroom in Christian County Middle School had become filled with graffiti. So-- according to the Associated Press yesterday-- the school's principal, Larry Cavanah, granted permission to teachers and students to beautify the bathroom by painting over the graffiti. When he returned after winter break, he discovered that graffiti had been covered with upbeat art and inspirational messages. However some of the new artwork was religious in nature-- including a quotation from Psalms 45 reading: "So the King will greatly desire your beauty; because He is your Lord, worship Him." After complaints from a parent, Superintendent Bob Lovingood consulted with the school's attorneys and ordered that the Biblical verses be covered up. (By the way, the names of the county, the superintendent, and the quote from Psalms, are for real.)

Environmental Agency and Church Argue Over Whether A Building Is Necessary

In Phillipsburg, New Jersey, the Alliance Church has sued the state's Department of Environmental Protection over whether the church is exempt from environmental restrictions on building in the Highlands Protected Area. The Easton (PA) Express-Times reported yesterday on the filing of the federal lawsuit. The 2004 New Jersey Highlands Water Protection and Planning Act grandfathered in exemptions for building by churches that existed in March 2004. New Jersey's DEP says that means they must have had a building on site before that date. Alliance Church says it should be enough that they held worship services outside on the land in question before March 2004. Phillipsburg Alliance Church has already paid more than $250,000 toward the $1 million purchase price for the 30-acre site on which it hopes to build.

Religious Abortion Parade Protesters Win Speech, But Not Free Exercise, Claim

In Grove v. City of York, 2007 U.S. Dist. LEXIS 1837 (MD PA, January 10, 2007), a Pennsylvania federal district court held that relegating religious abortion-protesters in a Halloween parade to the least obtrusive rear of the march violated their free expression and free assembly rights. However it did not violate their right to the free exercise of religion since the group would have been placed at the rear of the parade even if their anti-abortion views were solely secular. The city had attempted to justify its action on the ground that the pictures of aborted fetuses carried by the protesters would be offensive to many onlookers.

County Commissioner Now Privately Pushes 10 Commandments

The Murfreesboro (TN) Daily News Journal reported yesterday that after reluctantly voting with others in favor settling the ACLU's lawsuit against Rutherford County that successfully challenged county display of the Ten Commandments, County Commissioner Mike Sparks has found an alternative. The Tennessee county commissioner has spent $125 of his own money to print up 400 copies of the Ten Commandments. He is distributing them local businesses for them to hand out the copies to customers. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Parks-El v. Fleming, (4th Cir., Jan. 10, 2007), the U.S. 4th Circuit Court of Appeals affirmed the dismissal of an inmate's equal protection claim, but vacated the dismissal of his RLUIPA and free exercise claims. The inmate had been suspended from attending chapel services because he was involved in posting unauthorized flyers in inmate housing units.

In Justus v. Southwest Virginia Regional Jail Authority, 2007 U.S. Dist. LEXIS 1161 (WD VA, Jan. 5, 2007), a Virginia federal district court rejected an inmate's challenge to a lock down that kept him in his cell when he said that he did not wish to attend religious services being held in his pod.

In Banks v. Fraiser, 2007 U.S. Dist. LEXIS 235 (D NJ, Jan. 3, 2007), a New Jersey federal district court dismissed a prisoner's claim that he was denied a religious "no meat" diet.

Another case, decided several months ago, has recently become available on LEXIS. In Boyd v. Lehman, 2006 U.S. Dist. LEXIS 94223 (WD WA, May 19, 2006), adopting Magistrate Judge's report and recommendation (2006 U.S. Dist. LEXIS 94222), a Washington federal district court dismissed claims by a prisoner that he was only given a vegetarian diet, and not one that included halal meat. It also rejected his claim regarding temporary problems with the time of Ramadan meals.

10th Circuit Says BYU Police Force Does Not Create Establishment Clause Problems

In Raiser v. Church of Jesus Christ of Latter Day Saints, (10th Cir., Jan. 10, 2007), the U.S. 10th Circuit Court of Appeals rejected a novel Establishment Clause claim. Aaron Raiser, an applicant to Brigham Young University's graduate school, sued claiming the University disclosed information about his prior psychiatric history. Part of his claim related to the University's sharing information about him with its police force. In particular, Raiser alleged that the "[state] statute . . . which allows [BYU] to maintain a state empowered police force . . . fosters an excessive governmental entanglement with religion," and that "[t]he state/church entanglement has injured Plaintiff." The court said that there was no religious component to the actions of the police force in dealing with Raiser, so that the district court was correct in holding that Raiser lacked standing to pursue an Establishment Clause claim.

Utah Files Brief Opposing Cert. In Polygamy Case

In October, convicted bigamist Rodney Holm filed a petition for certiorari [Westlaw link] with the U.S. Supreme Court seeking review of the Utah Supreme Court's determination that the state's polygamy laws were constitutional. Today's Salt Lake Tribune reports that the Utah Attorney General originally waived a response to Holm's petition, citing costs involved and the unlikelihood that cert. would be granted. However, the Supreme Court's clerk notified the state in November that the justices wanted Utah's views before they decided whether to grant certiorari. So on Friday the state filed a brief in opposition to the granting of cert., arguing that the case does not pose an issue of widespread national importance and that Holm's case, which involved a minor, is not the appropriate case to use for testing the constitutionality of the law.

European Court Finds Russia Violated Religious Rights of Jehovah's Witnesses

On Thursday, the European Court of Human Rights handed down a decision in Kuznetsov and Others v. Russia, (Application No. 184/02, Jan. 11, 2007), finding that various actions by the Russian government that disrupted religious services being held by Jehovah's Witnesses and which led to the termination of their lease for an auditorium in which to hold services violated their religious freedom as protected in Article 9 of the European Convention on Human Rights. The Institute On Religion and Public Policy issued a release detailing more information about the decision.

School Board Requires Opposing Views On Climate Change After Religious Objection To Gore's Film

In Federal Way, Washington, the School Board last week required that teachers showing Al Gore's film on climate change, An Inconvenient Truth, must also present their classes "a credible, legitimate opposing view" to Gore's views on global warming. In addition, teachers must obtain consent of the principal and superintendent to show the film. The Seattle Post-Intelligencer on Thursday reported that the school board action followed a complaint by parent Frosty Hardison-- who also believes in teaching creationism and opposes sex education in schools. Hardison said: "Condoms don't belong in school, and neither does Al Gore. He's not a schoolteacher. The information that's being presented is a very cockeyed view of what the truth is. ... The Bible says that in the end times everything will burn up, but that perspective isn't in the DVD." Meanwhile, Hardison's wife Gayla, said: "If you're going to come in and just say America is creating the rotten ruin of the world, I don't think the video should be shown." School board President Ed Barney said that the district has a policy of presenting both sides of controversial issues. [Thanks to Ronald L. Chichester for the lead.]

9th Circuit Vacates State Constitutional Challenge To Mt. Soledad Cross As Moot

Yesterday, in Paulson v. City of San Diego, (9th Cir., Jan. 12, 2007), the U.S. 9th Circuit Court of Appeals dismissed an appeal as moot and ordered the lower court to vacate its May 3, 2006 order to enforce a 1991 injunction to remove the Mt. Soledad cross from its prominent display on city land. The federal district court had found that the display of the cross violated provisions in California's constitution on separation of church and state. Last year, federal legislation divested the city of title to the land and transferred the Mt. Soledad Veterans War Memorial to the United States. So the city no longer has any interest in the Memorial and the federal government is not subject to the provisions of the California constitution. Today's San Diego Union-Tribune and North County Times covered the decision.

Clergy Abuse Claims Against Vatican May Proceed In U.S. Court

In O'Bryan v. Holy See, (WD KY, Jan. 10, 2007) [available in PACER], a Kentucky U.S. District Court issued an 18-page opinion interpreting the Foreign Sovereign Immunities Act (FSIA) to permit certain claims relating to clergy sexual abuse in the United States to be brought against the Vatican. It held that while the Vatican is a foreign state covered by the FSIA (see prior posting), the "tort exception" to the Act permits some of plaintiffs' claims to be brought in U.S. courts. It held that to the extent that archbishops, bishops and priests acted in the United States as officials or employees of the Vatican pursuant to Holy See policy, they were acting within the scope of their employment. The Vatican can thus be liable for clergy's failure to warn parishioners that their children would be under the care of known or suspected pedophiles, and for failing to report known or suspected abusers to state and local authorities. However the court left open the possibility that future evidence might show that the Holy See does not exert sufficient control over clergy to make them officials or employees of the Vatican.

Yesterday's Louisville Courier-Journal reporting on the decision quoted plaintiffs' attorney William McMurry who said that the lawsuit could lead to attorneys taking depositions of Vatican officials, obtaining copies of church documents and ultimately determining "what prompted all of the bishops to keep quiet, hide these pedophiles and refuse to report child abusers.".

Commentary: The First Amendment Dilemma In The Battle Against Islamic Terrorism

In the 1943 Flag Salute case that upheld the right of Jehovah's Witness students to refuse to salute the flag, Justice Robert Jackson wrote the following paragraph that has come to be seen as the essence of First Amendment protections: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us." Since 9/11, a troubling question has been whether government officials may prescribe what is orthodox Islam in an attempt to distinguish radical jihadists-- who the U.S. is fighting-- from other Muslims whose religious practice the U.S. is dedicated to protect. Two developments this week point up the problem.

President Bush, speaking yesterday to military personnel and families at Ft. Benning, Georgia (full text) arguably attempted to define what is and is not a valid religious belief. He said: "It's important for the American people to understand al Qaeda still is in Iraq.... They don't believe in freedoms, like freedom to worship. I, frankly -- well, speaking about religion, these are murderers. They use murder as a tool to achieve their objective. Religious people don't murder. They may claim they're religious, but when you kill an innocent woman, or a child to create a political end, that's not my view of religion. And yet, there are a lot of peaceful, religious people in the Middle East."

On Tuesday the House of Representatives passed HR 1, a bill implementing recommendations of the 9/11 Commission. Title XIV is titled "Quality Educational Opportunities in Arab and Predominantly Muslim Countries". The bill establishes a fund to encourage educational reform in Arab and predominantly Muslim countries. One of the bill's goal is to "dramatically increase... the availability of modern basic education through public schools in Arab and predominantly Muslim countries, which will reduce the influence of radical madrassas and other institutions that promote religious extremism." (Sec. 1411(b)(1)). Is Congress here attempting to supplant the teaching of Islamic fundamentalism with a version of Islam that it finds more acceptable? If that is a fair characterization of the bill, are there any First Amendment objections to it?

Court Orders Release of Diocese Records To Insurance Companies

Yesterday's Boston Herald reported that Berkshire Superior Court Associate Justice John A. Agostini has ordered the Roman Catholic Diocese of Springfield, Massachusetts to release nearly 7,500 pages of documents to insurance companies that the Diocese is suing in order to get them to cover claims of 57 people who allege they were sexually abused by priests. The court rejected the Diocese's claim that the records are protected by the First Amendment or by the priest-penitent of psychotherapist-patient privilege. However the court agreed that some of the records are protected by the lawyer-client privilege. Insurers want to determine how the Diocese handled allegations of sexual abuse by priests when they received complaints. (See prior related posting.)

Rabbis Tell Congress To Raise Minimum Wage

The Religious Action Center of Reform Judaism reports that 450 rabbis and rabbinical students sent a letter to every member of Congress yesterday in support of an increase in the minimum wage to $7.25 per hour. Rabbi Jill Jacobs, Director of Education at Jewish Funds For Social Justice, is an authority on wage issues in Jewish law. Supporting the letter, she said: "Jewish labor law rests on the assumption that a full time worker shall earn enough to support his/her family."

New Jersey AG Says Clergy Need Not Perform Civil Unions

New Jersey Attorney General Stuart Rabner yesterday issued written advice to the State Registrar of Vital Statistics concluding that, when a New Jersey law authorizing civil unions takes effect on February 19, members of the clergy are not required to perform civil union ceremonies if doing so would conflict with "sincerely held religious beliefs". However public officials who are available to solemnize marriages would be violating the state's anti-discrimination laws if they refuse to also solemnize civil unions. (Press release; full text of letter.) The Associated Press reported on the AG's letter.

FDA's Approval Of Cloned Animals Poses No Issue For Kashrut Certification

While some conservative religionists have objected to the Food and Drug Administration's recent approval of the safety of milk and meat from cloned animals (see prior posting), apparently cloned animals pose no problems for Orthodox Jewish determinations of whether meat is kosher. Wednesday's Washington Jewish Times reports that Maryland Rabbi Yitzchok Breitowitz said: "I do not see a kashrus issue here. Judaism as a whole does allow us to use creative ways of reproduction." Avrom Pollak, head of the Star-K agency that certifies food as kosher, said: "If it looks like a cow, if it chews its cud like a cow, if it has split hooves like a cow, then it's a cow; and how it got to be a cow does not affect its kosher status."

Church's Proposed Deal With High School Debated

Los Angeles' Daily Breeze yesterday reported on an unusual proposal for use of El Segundo, California High School premises on Sundays by El Segundo Foursquare Church. Last November, a bond measure to repair the school's auditorium failed to pass. So now it is proposed that Foursquare Church will pay for $180,000 worth of renovations, in addition to paying a monthly rental, in exchange for using the school all day each Sunday. Loyola Law School Professor Kurt Lash said: ""If this is a unique deal that has not been offered to anybody else and is unlikely to be offered to anybody else, we might have a problem here as a public facility showing preference and getting uniquely involved with a religious group."

6th Circuit Holds Hospital Did Not Waive Reliance On Ministerial Exception To ADA

Yesterday, in Hollins v. Methodist Healthcare Inc., (6th Cir., Jan. 10, 2007), the U.S. 6th Circuit Court of Appeals held that the ministerial exception to claims under the Americans With Disabilities Act requires dismissal of a discrimination claim brought by resident in the clinical pastoral educational program of a religiously affiliated hospital. The court refused to accept plaintiff's argument that the hospital had waived its right to rely on the ministerial exception by agreeing it would not discriminate on the basis of disability when it sought and obtained accreditation from the Association of Clinical Pastoral Education. [Thanks to Blog from the Capital for the lead.]

Israeli Activist Claims House Arrest Monitoring Violates His Religious Freedom

In Israel, Avraham Zarbiv, an Haredi (ultra-Orthodox Jewish) activist, was removed from house arrest and placed in jail because he refused to wear an ankle bracelet to monitor his movements on the Sabbath. Yesterday's Jerusalem Post reports that there is a disagreement among Orthodox rabbis over whether wearing the bracelet is consistent with Sabbath restrictions. Haredi activists view the court's order against Zarbiv as an attack on religious freedom.

Rehearing and En Banc Review Sought In Boy Scouts Case

As previously reported, on December 18, 2006, in order to avoid deciding a federal constitutional question, the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in Barnes-Wallace v. Boy Scouts of America. The lawsuit challenges the 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 9th Circuit asked the California court to consider whether the leases, under state law, unconstitutionally provide support for a creed. However, on December 26, the 9th Circuit issued another order requesting the California Supreme Court to delay considering the certified questions because a 9th Circuit judge had filed a notice that might lead to en banc review. In a press release issued last week, the Boy Scouts revealed that they had filed a petition for rehearing and for en banc review with the 9th Circuit. The petition to the 9th Circuit (full text) argues that the panel majority's decision on standing was in conflict with controlling US Supreme Court decisions, and that it ignored the procedural posture of the case and failed to include the facts necessary for an informed resolution of the certified questions. [Thanks to How Appealing for the lead.]

House of Lords Refuses To Reject Sexual Orientation Anti-Discrimination Rules

Despite demonstrations and pressure from Christians, on Tuesday the House of Lords defeated a motion to reject Northern Ireland's Sexual Orientation Regulations. Gay.com reported yesterday that the Lords voted 199 - 68 to reject a motion by Lord Morrow who had argued that "the regulations threaten to override the conscience and free speech of Christians". (See prior related posting.)

Bus Company Sued By Employees For Religious Discrimination

Yesterday's Minneapolis Star Tribune reported that nine current and former employees of MV Transportation Inc. have filed a religious discrimination suit under both state and federal law in federal district court in Minneapolis. Among the allegations are that an MV manager read Bible passages to the employees, seven of whom are Muslim, confiscated their prayer rugs and forced them to listen to loud Christian music. The suit also alleges various acts of national origin discrimination. The Equal Employment Opportunity Commission investigated the employees' complaints and issued "right to sue" notices to them.

Egyptian Official Opposes Wearing of Niqab

Middle East Online yesterday reported that an aide to Egypt's Minister of Religious Endowments expelled a religious counselor attending a training session for religious advisors and prayer leaders because she refused to remove her niqab (full face veil). Minister Hamdi Zaqzuq, who opened the training session, later said: "I totally reject the niqab (face veil). No religious counselor needs to wear it since it is not required by Islamic law."

No Tax Exemption For Combined Synagogue- Living Quarters

In Sephardic Congregation of S. Monsey v Town of Ramapo, (Sup Ct Rockland Co. NY, Jan. 8, 2007), a New York state trial court has held that property owned by s Sephardic Jewish congregation and used both as its synagogue and as a residence for its rabbi is not tax exempt. Because the property is not used primarily for religious services, it is not exempt under RPTL 420-a. Because the rabbi has full-time outside employment as a special education teacher at a school, Yeshiva of North Jersey, he is only a part-time clergyman for the synagogue and, as such, the residence is not exempt as a parsonage under RPTL 462. Today's Lower Hudson Journal News covers the decision.

Litigation Looms Over Property of Breakaway Anglican Churches In Virginia

After nine Virginia Episcopal congregations voted last month to break away from the Episcopal Church of the United States and affiliate instead with the Anglican Church of Nigeria (see prior posting), they signed an agreement with the Episcopal Diocese of Virginia in which both sides pledged not to bring litigation over church property. The 30-day standstill agreement would automatically renew unless either side opted out. Today's Washington Post reports that the Diocese of Virginia, saying that the churches are not interested in working on a compromise, has now elected not to renew the agreement. It is planning-- after the initial agreement's expiration next Wednesday-- to take steps to claim the property of all nine churches while it is considering each church's situation on a case by case basis. Some of the nine churches are refusing to permit congregants who opposed the break off to hold their own separate services on church premises.

Italian Bishop Criticizes Proposed Law On Religious Equality

Giuseppe Betori, the secretary of the Italian Bishops' Conference, spoke out today in opposition to a draft law being considered by the Italian Parliament that would grant equal rights to all religious faiths in predominately Catholic Italy. Even though Catholicism is no longer the official state religion in Italy, it still enjoys some preferences. AKI says Betori told Parliament's Commission on Constitutional Affairs: "In the current constitutional context, the equal freedom of each confession does not imply full equality. The state should be careful not to sign too many agreements."