Religious Coalition Formed To Oppose US Use Of Torture

Earlier this month, a group of religious leaders announced the formation of a new group, the National Religious Campaign Against Torture. Its first project was an ad published in the New York Times and elsewhere beginning June 13, urging the United States to abolish torture without exceptions. The Washington Post last week reported that the signers of the ad came from a broad range of religious groups and include a number of conservatives. Deputy White House press secretary Dana Perino, in response to the ad, said: "this government does not torture, and we adhere to the international conventions against torture. That is our policy, and it will remain our policy." The new group supports applying a torture ban to every arm of the U.S. government; closing secret U.S. prisons around the world; ending the rendition of suspects to countries that use torture; and granting the Red Cross access to all detainees.

3rd Circuit Grants Rehearing In Title VII "Ministerial Exception" Case

The U.S. Third Circuit Court of Appeals yesterday, sitting en banc, vacated the original 3-judge decision and granted a rehearing before a new 3-judge panel in Petruska v. Gannon University, (3rd Cir., June 20, 2006). The original decision, handed down last month, expanded the ability of ministerial employees to bring Title VII employment discrimination claims against churches and religious institutions that employ them through interpreting the "ministerial exception" to Title VII more narrowly than other circuits have. (See prior posting.) Among the issues that may be raised on rehearing is that one of the two judges in the majority in the original decision-- Judge Edward R. Becker who wrote the majority opinion-- died after the opinion was written but before it was formally issued by the court. [Thanks to How Appealing and to Marty Lederman via Religionlaw.]

Two Prisoner Free Exercise Cases Dismissed

Federal courts have summarily dismissed two recent prisoner free exercise cases. In Foley v. Schriro, 2006 U.S. Dist. LEXIS 40438 (D. Ariz., June 15, 2006), an Arizona federal district court dismissed without prejudice a prisoner's claim that he was being denied the diet required by his religion. The court found that the prisoner had failed to allege the specific religion he practices, that his religion mandates that he receive specific food items for a religious diet, or that the refusal to supply him with the requested diet substantially burdens his practice of religion.

In Berberich v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 40180 (ED Mich., May 30, 2006), a Michigan federal district court dismissed on res judicata grounds a federal inmate's claim that authorities burdened his free exercise of religion by refusing to permit him to possess wooden rune staves. Plaintiff had already lost a case making the same claim against the Federal Bureau of Prisons in a South Dakota federal court.

Scottish University Recognizes Student Wiccan Group

St. Andrews University in Scotland-- Prince William's alma mater-- has agreed to officially recognize the student Wiccan group on campus. This permits the Wiccans to use University facilities just like other recognized student groups. The Universe Newsroom today reports that the University was concerned that refusing to recognize the group could subject the school to prosecution under Britain's human rights laws. Apparently the university did place some conditions on recognition. At Wiccan events, participants may not utter incantations or spells that might harm others, raise spirits or to call up dark forces, or engage in ritual nudity.

Last-Minute Problems In Adoption of New Red Cross Symbol So Israel Can Join

Yesterday the White House announced that President Bush was transmitting to the Senate for ratification Protocol III to the Geneva Conventions of 12 August 1949 relating to the Adoption of an Additional Distinctive Emblem. In simple terms, Protocol III (full text) recognizes a new symbol, the red crystal, for use by the International Red Cross in addition to the currently recognized red cross and red crescent used by humanitarian bodies in various countries.

Behind this announcement lay a long history of political disputes within the International Red Cross. When the state of Israel was formed, it did not feel it appropriate to adopt a cross or crescent for its humanitarian organization. So instead it adopted a red star of David as the symbol for its equivalent group, the Magen David Adom (MDA). This became an excuse for Arab countries to exclude Israel from membership in the International Committee of the Red Cross, arguing that there is a risk of confusion in the proliferation of symbols by ICRC organizations. Nevertheless, the MDA, which has particular expertise in disaster relief, has cooperated closely with the IRC since the 1990's. Under pressure from the American Red Cross which has withheld millions of dollars in dues to protest MDA's exclusion, in 2005 a compromise was reached. By a vote of 98-27 with 10 abstentions, the Red Cross Movement voted to create a new third neutral symbol- the red crystal.

The Red Crystal will actually serve two purposes. It will be able to be used alone in countries where use of a religious symbol is problematic. But it will also be able to be used by national Red Cross organizations that can place their own symbol inside the diamond shaped red crystal. So MDA will be able to use the crystal with the star of David inside as its internationally recognized symbol.

The final step in approving all of this, which was supposed to be pro forma, is the vote at the International Conference of the Red Cross and Red Crescent being held in Geneva yesterday and today. A 2/3 vote of approval is needed. At the last minute, a new problem occurred. Pakistan and Tunisia have insisted on adding language that would effectively condemn Israel's occupation of the West Bank. Conference organizers had hoped that they had a compromise that would avoid this kind of dispute. The group was planning to admit the Palestinian Red Crescent as a member at the same time they adopted the new symbol. But now the prospects for all of this remain uncertain. These developments are covered in stories yesterday and today by the Washington Times, the Gulf Times, and SwissInfo.

UPDATE: U.N. Watch says that as of 4 pm Wednesday afternoon in Geneva, Islamic countries at the ICRC Conference have rejected attempts at compromise, to the dismay of ICRC President Dr. Jakob Kellenberger.

Louisiana Gives Up On Redrafting Of Ten Commandments

The Louisiana legislature has withdrawn from its attempt to edit the Ten Commandments. 2theadvocate.com reports that on Monday the legislature passed an amended version of Senate Bill 476. The bill, sent to the governor for her signature, provides for the Louisiana Secretary of State's office to make available for display in public buildings a group of historical documents containing religious references, including the Ten Commandments, along with an explanatory statement about the relevance of these documents to America's religious history. The bill, as finally enacted, sets out the precise text of the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance that is to be used, as well as the exact text of the accompanying explanatory document. However, it merely says that the displays may include "the Ten Commandments, as extracted from the Bible." This language was agreed upon after an embarrassing debate earlier this month on which wording of the Decalogue should be used.

Wal Mart Brings Jewish Population To Bible Belt County

The New York Times this morning carries a report on an unexpected kind of impact that Wal-Mart has had on Benton County, Arkansas, where its headquarters, as well as offices of many of its suppliers, are located. These businesses have brought a significant number of Jewish residents to this traditionally conservative Christian Bible Belt county. Two years ago Etz Chaim, the county's first synagogue, was opened, and Jewish residents are beginning to impact the life of their neighbors. Schools are attempting to avoid scheduling PTA meetings on Jewish holidays and the high school choir may incorporate some Jewish songs into its repertoire. The Jewish population has also had a culinary impact on the county. Ron Haberman has opened a restaurant that serves knishes, matzo ball soup and latkes next to a new 140,000-square-foot glass-enclosed Baptist church. And in a uniquely American twist, two local D.J.'s in Bentonville broadcast across the county Etz Chaim synagogue's first bar mitzvah.

Israeli Chief Justice Criticizes Lack Of Civil Marriage Option

The Jerusalem Post reported yesterday that Israeli Supreme Court President Aharon Barak has told a visiting delegation of American Conservative Jews that "The lack of civil marriage in Israel is a major violation of human rights." Barak was referring to the fact that under Israeli law, marriages are performed only by various religious authorities, and Jewish marriages are controlled by the Orthodox rabbinate. Marriages between members of different religions are not recognized. Irit Rosenblum, head of an organization called New Family, says his group plans to ask Israel's High Court to order the Interior Ministry to register any Israeli couple married in a civil ceremony.

UN Human Rights Council Holds Inaugural Session

Yesterday, the United Nations new Human Rights Council met for the first time in Geneva. Today's Financial Times reports that Secretary General Kofi Annan told the group that it ""must recognise . . . the importance of universality and objectivity and the need to eliminate double standards" in its work. Among the 47 newly-elected Council members are some with their own human rights problems-- China, Russia, Saudi Arabia and Cuba. The United States did not stand for election to the Council after complaining that the General Assembly had not built in sufficient safeguards to prevent countries that violate human rights from becoming members. (See prior posting.) Muslim countries plan to urge a debate in the Council on respect for religion after the recent controversy over published caricatures of the Prophet Mohammed.

Judge Denies Group's Petition To Intervene In Mt. Soledad Cross Case

In San Diego California, today's Union-Tribune reports that federal District Judge Gordon Thompson Jr. has, not unexpectedly, denied the request of San Diegans for the Mount Soledad National War Memorial to intervene in the litigation challenging the constitutionality of the Mt. Soledad Cross, saying that the group is much too late to become a party to the litigation that has been in the courts for 17 years. The petitioning group was behind Proposition A, a referendum last summer on donating the cross to the federal government for a national park. Currently the city of San Diego is involved in a last-ditch appeal of Judge Thompson's order to remove the cross or face fines of $5000 per day.

China Arrests Pastor For Printing Bibles

The Epoch Times reports that in China earlier this month Wang Zaiqing, a disabled family church pastor from Huainan city, was arrested for printing and distributing the Bible and other Christian literature. The arrest was based on a memo issued by the State Council on Religion Affairs and the Public Security Department in 1988 titled "Notice on Preventing and Dealing with Illegal Activities by Using Christianity". The document requires government approval for publication of Christian classics, books, or training activities of preachers. Dr. Li Boguang, a lawyer in Beijing representing Pastor Wang said that the 1988 document violates the Chinese constitution. A similar case was reported last November.

ADF Trying To Shape Foreign Law, In Case US Courts Cite It

The Alliance Defense Fund is a conservative Christian legal advocacy group whose usual cases involve the defense of religious freedom, the sanctity of human life and traditional family values in the United States. U.S. News & World Report this past week focuses on a new strategic direction being taken by ADF. Like other conservative organizations, ADF has become increasingly concerned about the citation of foreign law by U.S. courts. So now ADF is moving to try to shape foreign law so that if it is cited, it will be cited for the side of the issue that ADF favors. This has led the group to assist plaintiffs, like British citizen Stephen Copsey, who was fired from his job for refusing to work on Sundays. Benjamin Bull, ADF's chief counsel remarked: "It's crystal clear to us that unless we get involved in the outcome of foreign law then we're going to be at grave risk."

Organization Pushes For End To Death Penalty In Muslim Countries

Inter Press Service News Agency reports that the annual conference of the World Coalition Against the Death Penalty was held this past weekend in Casablanca, Morocco. Part of the conference focused on how to abolish the death penalty in Muslim countries that adhere to Sharia law. Some progress has been made. Senegal abolished capital punishment in 2004, and it is expected that Morocco-- which hasn't executed anyone for 13 years-- will abolish capital punishment in the future. Speakers at the conference said that misconceptions about the extent to which Muslim law requires the death penalty will need to be overcome in order to make progress toward abolition. Five of the top nine countries that retain the death penalty are Muslim.

IRS Checking On Non-Profit Hospitals

Today's New York Times reports that the Internal Revenue Service has begun an investigation of non-profit hospitals-- many of them religiously affiliated-- to determine whether they are meeting the standards for tax-exempt status. The agency has sent a compliance questionnaire to 550 hospitals asking about their operations, community services, medical research, furnishing of care for uninsured patients, pricing of services for the uninsured and executive compensation. Results could be used to decide whether the IRS should change any of its current Regulations. Before 1969, the agency specifically required hospitals to provide charity care to qualify for tax-exempt status. Now I.R.S. Regulations merely require that hospitals provide benefits to the community, which may be done in other ways as well.

Newly Available Scholarly Articles

From SmartCILP:
Ian Ward, Headscarf Stories, 29 Hastings International & Comparative Law Review, 315-341 (2006).

From SSRN:
Melynda Price, God's Will or Linked Fate: Race and Religion in African American Views of the Death Penalty (A Qualitative and Quantitative Approach) (2006).

Tomorrow Religious Freedom Day On Capitol Hill

Tomorrow Senator Rick Santorum, Chairman of the Senate Republican Conference, will host a panel discussion on the status of religious freedom around the world as part of Religious Freedom Day on Capitol Hill. U.S. Commission on International Religious Freedom (USCIRF) Vice Chair Nina Shea will moderate the panel of government officials, members of Congress and religious freedom activists, according to a USCIRF news release.

UPDATE: Here is more on the conference from Sen. Santorum.

Da Vinci Censorship By American Samoa Would Be Unconstitutional

The Attorney General of American Samoa, Sialega Malaetasi Togafau, last Tuesday issued an opinion finding that any governmental censorship of the movie, The DaVinci Code, would be unconstitutional. Today's Pacific Magazine reports that the islands' governor, Gov. Togiola Tulafono, requested the opinion after members of clergy asked the governor to ban the movie's scheduled opening in Pago Pago on June 30th. Attorney General Togafau said that both the Constitution of American Samoa, and the U.S. Constitution, whose basic guaranties of fundamental rights apply to the island, ban this kind of interference with freedom of expression. (As to the applicability of the U.S. Constitution's guaranties of fundamental rights to American Samoa, see King v. Morton, 172 U.S. App. D.C. 126 (DC Cir., 1975) [LEXIS link].

Role Of Islam In Constitution For Kurdish Iraq Debated

IRIN reports today that discussions are under way on the drafting of a constitution for the northern, majority-Kurdish, region in Iraq. And as with the drafting of a national constitution for all of Iraq, the question of the role of Islamic law is becoming a contentious issue. Islamic parties in the Kurdish region want the constitution to provide that Islam will be a principal source of legislation, something that the current proposed draft does not do. The current draft, soon to be released by Parliament, merely provides: "This constitution safeguards the Islamic identity of the people of Kurdistan and respects other religions and guarantees their freedom." Some human rights advocates argue that including Islamic law in the constitution will limit women's rights, particularly in family law matters such as divorce and inheritance.

New U.S. Muslim Seminary Seeks To Train Moderate American Clergy

Today's New York Times features a long story about two American Muslims intellectuals, Sheik Hamza Yusuf and Imam Zaid Shakir, who have founded the Zaytuna Institute -- a seminary in Hayward, California to train Islamic clergy. The school aims to train a new generation of imams and scholars who will reconcile Islam with American culture. Its founders say that Islam must be rescued from extremists who selectively cite Islamic scripture to justify terrorism.

South African Equality Court Upholds Anti-Semitism Complaint

In the first case of its kind to come before an Equality Court in South Africa, Gerhard Barkhuizen was found guilty of anti-Semitic hate speech for painting a swastika and the phrase Habrizo Mamzer ("spiteful Hebrew bastard") on a wall facing the home of his neighbor, Yaron Fishman. Today's South Africa Sunday Independent reports on the case. The anti-Semitic incident was the culmination of a dispute between the two neighbors over a dog kennel that Barkhuizen was building on his property. Fishman, the son of a Holocaust survivor, took the incident to the country's Human Rights Commission last August. Barkhuizen, who is also facing criminal charges, has refused to apologize, claiming that the painting formed part of a mural depicting the Second World War and that South Africa's constitution affords him the right to freedom of expression. The magistrate hearing the case ruled that Barkhuizen knew that Fishman was Jewish and had deliberately chosen to paint the swastika facing his home.