Charges Against Sikh Student For Carrying Kirpan Dropped

A Detroit, Michigan prosecutor has dropped charges under the Detroit Knife Ordinance against a Wayne State University student, who was arrested for carrying a kirpan on the university campus. Carrying the kirpan is part of the religious requirements of the Sikh faith. Today a release by the United Sikhs reports that Sukhpreet Singh won his case after his attorney, the United Sikhs and the ACLU of Michigan argued that the kirpan, a scimitar in a sheath, is not a weapon and should not be viewed as one. Harpreet Singh, legal director of United Sikhs, said that his organization would continue to work with authorities to establish a best practice for dealing with Sikhs wearing a kirpan.

Newly Posted Scholarship of Interest

Recent articles posted on SSRN:

Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.

Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .

Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine

On November 18, the U.S. Senate approved S. 632 which would permanently remove Ukraine from Title IV of the Trade Act of 1974. Known as the Jackson-Vanick Amendment, that provision denied normal trade relations to Soviet block countries that denied free emigration to its citizens. It was aimed particularly at assisting Jews who were being persecuted in the former Soviet Union. S. 632 contains findings that the Ukraine now permits free emigration and promotes freedom of religion. The Ukrainian government web site reported on the Senate's action last month. Similar bills have been introduced into the House of Representatives.

Plaintiffs Lose In Two Recent Prisoner Cases

Two court decisions involving prisoners seeking religious accommodation of non-mainstream religious beliefs have recently been handed down.

In McClain v. Rogers, (7th Cir., Nov. 30, 2005), a practitioner of Asatru (a religion tied to White supremacist beliefs) sued claiming that prison guards prohibited him from praying alone in the prison yard. He also complained that the chaplain does not allow Asatruars to worship in groups, though members of other religions are may do so. The court held that while there may be an issue of whether the prisoner's praying alone violated the prison rule against "meetings or gatherings" in the prison yard, the issue was not properly raised.

In Smith v. Haley, 2005 U.S. Dist. LEXIS 30454 (MD Ala, Dec. 1, 2005), an Alabama federal district court faced claims brought by a practitioner of Odinism, an ancient pre-Christian faith whose theology is based on historic Icelandic sagas and runic mysticism. By the time the case got to trial, most of his accommodation requests had been met. However, prison officials refused to permit him to use and possess a small quartz crystal, and the prisoner sued, among other things, for damages because this denied him his right to freely practice his religion. The court held, however, that even if the refusal to allow the prisoner to possess a crystal violated his right under RLUIPA, the defendants were entitled to qualified immunity because Smith's right to possess a crystal as part of his practice of Odinism was not clearly established by any law at the time of the actions in question.

NJ Chabad Can Display Menorah In Park; Other Rabbis Disagree

In West Windsor, New Jersey, a Chabad group has won the right to put up a 9-foot tall Menorah with electric lights in a public park for Hanukkah this year. Yesterday's Princeton Packet reports that after first turning down the request, now township attorney Michael Herbert has issued a memorandum saying, "The Ron Rogers Arboretum, a public park, is a traditional public forum, open to all on equal terms." However, other rabbis in the area disagree with the decision. Four other Mercer County rabbis sent a letter to the township saying, "As religious leaders, we have never asked for a Hanukkah Menorah to be placed on public property, because we believe that the Menorah is a deeply religious symbol, belonging in synagogues, Jewish homes and Jewish communal institutions. The Menorah is not the equivalent of a Christmas tree; Hanukkah is not the Jewish Christmas."

IRS Complaint Lodged Against Dobson's Focus On The Family

On November 28, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Internal Revenue Service (full text) challenging the tax-exempt status of James Dobson's group, Focus on the Family. CREW claims that Dobson uses his influence to support candidates for political office. The complaint particularly focuses on Dobson's endorsement in 2004 of Patrick J. Toomey who was running for Senate in Pennsylvania and on the endorsement of President George W. Bush's nomination in 2004. NAMC Newswire reports that another group, Soulforce, Inc., is joining CREW's efforts by circulating an online petition calling for an IRS investigation of Dobson's group. Melanie Sloan, executive director of CREW said, "The IRS has established a track record of scrutinizing organizations, in particular liberal ones, that have purportedly violated electioneering regulations. We hope that the IRS will fully investigate Focus on the Family activities as vigorously as it has targeted those of progressive organizations." The Rev. Dr. Mel White, founder of Soulforce added, "Misusing religion and/or God to support bias against sexual and gender minorities, inappropriately justifies psychological, legal and physical violence against them. Such abuses must be stopped and can no longer be subsidized via misuse of the tax laws."

Californa Doctors Can Raise Free Exercise Defense

Yesterday in Northcoast Women's Care Medical Group v. Superior Court, a California state appellate court held that two doctors being sued by a lesbian woman for refusing to perform intrauterine insemination on her could assert their constitutional right to free exercise of religion in defending against her discrimination charges. The court held that the doctors could introduce evidence of their religious beliefs as part of their proof that their refusal was based on plaintiff's marital status rather than her sexual orientation. California's Unruh Civil Rights Act (Civil Code, Sec. 51), at the time this suit was filed, had been interpreted to ban discrimination on the basis of sexual orientation, but not on the basis of marital status. In reporting on the decision, today's San Diego Union Tribune points out that subsequently the California Supreme Court extended the Act to discrimination on the basis of marital status, but did not apply the holding retroactively. Similarly the statute itself has been amended prospectively. Jennifer Pizer, a lawyer with the Lambda Legal Defense and Education Fund, said that religious beliefs are not a valid defense in this case.

Churches Threatened By Proposed Indonesian Regulation

International Christian Concern, a U.S.-based human rights group, spoke out this week against a new draft regulation under consideration by the government of Indonesia, according to Wednesday's Christian Post. Under current Indonesian law, SKB 1/69, a religious building must receive a permit from the Department of Religion before being used for worship. In practice, the permit will only be issued after local residents approve. This regulation has been used, particularly in West Java, to close over 60 churches in the last month. The new draft regulation provides that "religious activities must be conducted inside religious buildings" unless permission has been received "from the Mayor or District Mayor, with a recommendation from the Department of Religion." Such permission, if granted, would only be temporary. If adopted, the regulation will prohibit almost all home fellowships.

AF Academy Evangelism Is Becoming Campaign Issue

This week's Forward reports that the controversy over religious activity by evangelical Christian officers at the U.S. Air Force Academy is emerging for both sides as a 2006 campaign issue. Wisconsin Republican challenger Nick Reid is criticizing Democratic incumbent Rep. David Obey who proposed a bill that would require the Air Force to report to Congress on the steps it is taking to investigate and ameliorate the conditions at the Academy. On the other side, the National Jewish Democratic Council has taken out advertisements in Jewish newspapers in Florida, Texas and Pennsylvania criticizing Republican members of Congress who have voted to defeat Obey's proposal. New Mexico lawyer Mikey Weinstein, who sued the Academy and whose sons were among the cadets who complained about anti-Jewish comments, is talking to other veterans about forming a political action committee around the issue of religious coercion in the military. He is also attempting to defeat his congresswoman, Republican Rep. Heather Wilson, for ignoring his complaints about the Academy.

Univ. of Kansas Cancels Anti-Creationism Course As NY Museum Discusses Topic

The University of Kansas had scheduled for this spring a course titled "Special Topics in Religion: Intelligent Design, Creationism and Other Religious Mythologies." The Associated Press yesterday reported that the course, intended to discredit creationism and intelligent design, has now been cancelled because the professor scheduled to teach it sent an offensive e-mail to a student group. Professor Paul Mirecki, chairman of religious studies, cancelled the class after it came to light that he referred to religious conservatives as "fundies" and, in an e-mail, said that the course would be a "nice slap in their big fat face." [Thanks to Jeremy Richey for the information.]

UPDATE: The National Review carries more of Prof. Mirecki's controversial comments. [Thanks to Rick Duncan via Religionlaw listserv.]

Meanwhile, yesterday at at the American Museum of Natural History in New York, a panel of academics discussed evolution vs. intelligent design in connection with the museum's display on Darwin. Reuters today summarizes the panel's remarks.

Highway Patrol Memorials Challenged

Today's Salt Lake Tribune reports on a lawsuit filed in a Utah federal district court yesterday challenging 14 steel crosses placed along Utah roadways to memorialize state Highway Patrol troopers who died nearby in the line of duty. 9 of the 14 crosses are on public land. The suit brought by the American Atheists (AA) seeks to remove the crosses, or at least to remove the Highway Patrol's logo from them. The state director of AA, Michael Rivers, said, "The presence of the UHP logo on a poignant religious symbol is an unconstitutional violation of the United States Constitution. It is government endorsement of religion." But the Utah Highway Patrol Association counters that crosses are used as an international sign of memorial.

Reactions To Indiana Legislative Prayer Ruling

Today's Fort Wayne Journal Gazette carries an interesting discussion of reactions to Wednesday's federal court decision in Indiana prohibiting sectarian prayer in the legislature. Rev. John T. Pless of Concordia Theological Seminary commented, "Prayer is never generic. It is always a prayer that is addressed to some deity." Ira Lupu of George Washington University Law School remarked, "We now have this kind of cultural pluralism and expansive idea about faith and spirituality. The idea that there's even a non-sectarian prayer seems like a controversial idea." Meanwhile, state legislators have their own ideas. Rep. Terry Goodin, D-Crothersville, said, "I am not going to stand for this assault on our freedoms of speech and religion. A judge is not going to tell me what I can and cannot say to express my belief in Christ." And U.S. Rep. Stephen Buyer, R-4th, suggested prayers should continue from the floor area in the House chamber: "The well of the legislative body is the most deliberative and protected place in this country. Those who speak from it are granted immunity."

University of Wisconsin Sued Over Restrictions On Dorm RAs

The Alliance Defense Fund announced yesterday that it has filed a federal civil rights lawsuit against the University of Wisconsin at Eau Claire, challenging its prohibition on residential assistants holding Bible study groups in their dorms. (See prior postings 1, 2 .) The Complaint (full text) argues that the University policy is vague and overbroad, discriminates against speech on the basis of content and viewpoint, and burdens plaintiff's free exercise of religion. NewsMax reports that, faced with the lawsuit, the University has suspended its ban on RAs' leading such groups.

Punishment Increased In North Carolina For Church Break-Ins

In North Carolina, a new state law (S.L. 2005-35) went into effect yesterday that makes breaking into a place of worship a felony instead of a misdemeanor. WRAL News yesterday reported that Sampson County played a leading role in getting the law enacted. Last year, 62 churches in the county were broken into, vandalized of looted. With news about the new law,there have been only 5 or 6 church break-ins this year.

Civil Rights Commission Holds Hearings On Campus Anti-Semitism

On November 18, the U.S. Commission on Civil Rights heard from a panel of experts regarding anti-Semitic incidents on college campuses. (Release on scheduled hearings.) Yesterday's Jewish Advocate reports on the testimony. Gary Tobin, president of the Institute for Jewish & Community Research, spoke of "anti-Israelism" on college campuses, including professor intimidation of pro-Israel students, anti-Jewish statements in school newspapers, and harassment. Susan B. Tuchman, director of the Center for Law and Justice of the Zionist Organization of America also testified. She said campus incidents have included signs depicting the Star of David dripping with blood, pictures equating swastikas with the Star of David, and signs saying that Israelis love to kill innocent children. "When Israel is singled out for criticism and there is no semblance of balance, that is evidence of anti-Semitism, not legitimate criticism of Israel," she said. Kenneth L. Marcus, staff director of the USCCR, said that a major concern of the Commission is how to address anti-Semitic incidents without violating First Amendment rights.

Christian Legislative Prayer Enjoined In Indiana; Urged In Colorado City

In Hinrichs v. v. Bosma, decided yesterday by the U.S. District Court in the Southern District of Indiana, the court found that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violates the Establishment Clause of the U.S. Constitution. 14WFIE reported on the decision. (Also see prior related posting.) Here is an excerpt from the court's opinion:

the evidence shows that the official prayers offered to open sessions of the Indiana House of Representatives repeatedly and consistently advance the beliefs that define the Christian religion: the resurrection and divinity of Jesus of Nazareth. The Establishment Clause “means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions).... The sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983). Plaintiffs have standing as Indiana taxpayers to bring their claims, and they are entitled to declaratory and injunctive relief. This relief will not prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.

Meanwhile, in Boulder, Colorado, the Daily Camera yesterday reported that the mayor pro-tem, Randy Ahrens, has suggested that City Council meetings be opened with a prayer to set a positive tone after a contentious campaign season. Two pastors offered prayers at the start of the first meeting of the newly-elected Council on Nov. 15. However, their remarks provoked controversy because both preachers represented Christian churches and invoked the name of Jesus Christ in the prayers. Members of Council seem about evenly split on the proposal.

BC Tribunal Rules On Refusal To Rent KofC Hall For Lesbian Wedding Reception

On Tuesday, the British Columbia Human Rights Tribunal issued its opinion in Smith and Chymyshyn v. Knights of Columbus . The case was brought by two lesbians who were denied use of the Knights of Columbus hall in a Vancouver suburb for a reception after a planned wedding at a nearby park. Yesterday's Globe and Mail reported that the case gained national attention earlier this year after Conservative Leader Stephen Harper mentioned it during the national debate on same-sex marriages. In its decision, the Tribunal found that while the Catholic-affiliated Knights of Columbus could refuse access to the Hall because of their core religious beliefs, in doing so they were required to consider the effect their actions would have on the two women who had already contracted to rent the hall. It found that the KofC could have done more to accommodate the women without acting contrary to its core religious beliefs. It could have taken additional steps to recognize the inherent dignity of the women and their right to be free from discrimination.

UPDATE: The Dec. 1 Edmonton Sun News reported that the plaintiffs plan to appeal the Tribunal's decision to the British Columbia Supreme Court, asking it to require religious institutions to disclose their policies to couples before they sign contracts.

Christian Groups Sue Colleges Over Membership Requirements

On Monday, the Alliance Defense Fund filed a civil rights lawsuit against San Diego (California) State University and California State University, Long Beach, on behalf of four student Christian groups. (Full text of complaint.) The universities refuse to give formal recognition to the groups because the organizations limit their membership to Christians. Each of the universities has a non-discrimination policy that prohibits recognized student groups from restricting membership on the basis of race, religion, national origin, as well as on various other grounds. The lawsuit alleges that these policies force Christian groups to abandon their Christian beliefs as a condition to gain access to the benefits recognized student groups enjoy, such as meeting on campus, receiving university funding, and accessing the on-campus channels for communicating their message. (ADF release on suit.) In reporting on the suit, 10News said that other campus groups like the Muslim Student Association welcome students of all faiths. SDSU's paper, The Daily Aztec quotes ADF lawyer Jordan Lorence who said, "What has happened today with this lawsuit against (SDSU) and Cal State Long Beach has been a problem that has been happening all over the country."

Israel High Court Asked To Recognize In-Country Non-Orthodox Conversions

In Israel on Tuesday, the Israel Religious Action Center filed petitions asking the High Court of Justice to order the Interior Ministry to grant Israeli citizenship under the Law of Return to seven individuals who were who were converted to Judaism in Israel by Reform and Conservative rabbis. The Jerusalem Post reported yesterday that this is the final step in a 20-year battle by Reform and Conservative rabbis to obtain government recognition of their conversions. In an Editorial, the Jerusalem Post emphasizes that this is a challenge by the Reform and Conservative movements to the monopoly of the official rabbinate over religion in the nation. Ynet News points out that this petition follows on a decision last March by the Israeli Supreme Court that recognized so-called "jump conversions," in which candidates complete non-Orthodox conversion courses in Israel but traveled overseas for their actual conversion ceremonies by Reform or Conservative rabbis. Even earlier, the High Court recognized in-country non-Orthodox conversions for the limited purpose of listing an individual as Jewish in the Population Registry.

Public Prayer Protection Act Introduced Into Congress

Yesterday's North Augusta Star reported that U.S. Rep. Gresham Barrett (R-SC) has introduced a bill in Congress that, if enacted, would protect elected and appointed officials who want to pray in public. The Public Prayer Protection Act of 2005 (HR 4364) contains findings that public prayer by government officials is not an Establishment Clause violation. The bill removes all federal court jurisdiction over Establishment Clause challenges to prayers by public officials. Finally the bill provides that federal court decisions on public prayer would not be binding precedent on state courts. Mike Cubelo, president of the Piedmont chapter of the ACLU of South Carolina, said he expects the legislation to be fiercely challenged and ultimately fail.

The bill is similar to another pending piece of federal legislation, the Constitution Restoration Act (HR 1070 and S 520) . Today World Net Daily reports that earlier this month, during a special session of the Louisiana Legislature called to deal with Hurricane Katrina, Louisiana lawmakers passed a Resolution urging Congress to adopt the Constitution Restoration Act.