Georgia Supreme Court OKs Judicial Determination Of Church Membership List

In Bolden v. Barton, (Ga. Sup. Ct., July 6,2006), the Georgia Supreme Court held that in a property dispute among members of a church that governed itself congregationally, the trial court acted properly in ordering an election to decide which of two factions should control church property. The fact that the court had to determine which individuals were members eligible to vote in order to decide which faction represented a majority of the church's membership did not involve the court in deciding matters of religious doctrine.

In Malaysia: A Step Forward For Women and Backward For Free Speech

In Malaysia, a coalition of several non-governmental organizations called "Article 11", has been actively organizing forums to discuss freedom of religion. The discussions have created such tensions that the government has asked the group to end the forums and has told the media to stop printing articles and broadcasting about religious issues. The New Straits Times yesterday reported that Prime Minister Datuk Seri Abdullah Ahmad Badawi said that the sensationalization of religious issues would bring about "unwanted situations".

Meanwhile, Malaysia's National Fatwa Council has ruled that women may be appointed by State religious authorities as Syariah judges . However, according to the New Straits Times, the women judges will not be allowed to preside over hudud and qisas cases, i.e. those that deal with offences and punishments that are interpreted by Muslim juristic scholars to be derived from the Quran and the Sunnah. In Malaysia these offenses are found in the Syariah Criminal Code Enactment.

Prisoner Free Exercise Cases Abound

In Hill v. Snyder, 2006 U.S. Dist. LEXIS 50717 (SD IL, July 25, 2006), a state prisoner who adheres to the Hebrew Israelite faith, claimed various infringements of his free exercise rights. An Illinois federal trial court permitted him to proceed with claims relating to the provision of vegan meals, the contents of the food he is given, the discontinuance of his vegan meals, and the requirement that he provide written verification of his religious affiliation from an outside clergy member. However, the court found he had no right to variety in his meals, to trade food items with other inmates, nor to extra time to eat.

Greene v. Solano County Jail, 2006 U.S. Dist. LEXIS 50380 (ED CA, July 24, 2006), involved a challenge to the policy at Solano's Claybank facility that precluded maximum security inmates from attending group religious services. A California federal district court agreed with prison authorities that security concerns adequately justified the policy and rejected plaintiff's claims based on the First Amendment, RLUIPA, the Equal Protection Clause and the Eighth Amendment.

In Ha'min v. Montgomery County Sheriffs, 2006 U.S. Dist. LEXIS 50448 (MD TN, July 21, 2006), a Tennessee federal district court judge dismissed the First Amendment claims of a Muslim prisoner who challenged a Tennessee jail's failure to provide regular Friday Muslim religious services and its failure to have copies of the Quran in the jail library while the library did have donated copies of the Bible.
UPDATE: Here is the earlier magistrate's recommendation in the case, 2006 U.S. Dist. LEXIS 73223.

Johnson v. Rees, 2006 U.S. Dist. LEXIS 50556 (ED KY, July 20, 2006) involved rejection by a Kentucky federal district court of a somewhat unusual prisoner Free Exercise and RLUIPA claim. Inmate Johnny Johnson alleged that he is a Jehovah's Witness whose religious faith requires him to "witness" and to distribute religious literature to others. Prison rules permit outside organizations, including the Jehovah's Witnesses, to donate religious literature to the prison's chapel where other inmates are free to take extra copies. But Johnson is not allowed to take that literature and distribute it elsewhere directly to other inmates. The court said that since Johnson can distribute the literature inside the chapel library, he is not totally prevented from engaging in the conduct his faith requires. Only time and place are circumscribed.

Dissent In Washington DOMA Case Argues Establishment Clause

Yesterday, in Andersen v. King County (WA. Sup. Ct., July 26, 2006), the Washington state Supreme Court in a 5-4 decision with six different opinions upheld its Defense of Marriage Act against challenges under various provisions of the state constitution. (New York Times coverage.) The dissenting opinion of Justice Bobb J. Bridge contains an interesting anti-establishment argument. Justice Bridge argues that DOMA is "clearly an unconstitutional foray into state-sanctioned religious belief":

What we ought not to address is marriage as the sacrament or religious rite--an area into which the State is not entitled to intrude at all and which is governed by articles of faith.... As succinctly put by amici ...: "To ban gay civil marriage because some, but not all, religions disfavor it, reflects an impermissible State religious establishment."... After all, we permit civil divorce though many religions prohibit it--why such fierce protection of marriage at its beginning but not its end?...

To many, same-sex relationships and same-sex marriages are contrary to religious teachings. But none of the plaintiffs in the cases before us today seek acceptance of same-sex marriage within a particular religious community. They seek access to civil marriage. Some churches and religious organizations may refuse to solemnize same-sex unions, and that is their right in the free exercise of religion under our constitution. A religious or moral objection to same-sex marriage is not, however, a legitimate state interest that can support the DOMA....

[R]eligious restrictions on the institution of marriage have never governed civil marriage in this country, nor would it be constitutionally permissible for them to do so. For example, historically many religions have strictly forbidden marriage outside of the denomination, but these churches could not prevent interdenominational civil marriages because "marriage was [ultimately] a state matter, not subject to . . . religious restrictions."... This court cannot endorse the use of state law to impose religious sensibilities or religiously-based moral codes on others' most intimate life decisions.... The DOMA reflects a religious viewpoint; religious doctrine should not govern state regulation of civil marriage.

House Members With Opposing Views Have Dinner Over Church-State Issues

The Forward earlier this week reported on an unlikely group of House of Representatives members who have formed a discussion group to focus on church-state issues. The members are Democrats Steve Israel (NY), Susan Davis (CA) and Henry Waxman (CA). The Republicans in the dinner group are Todd Aiken (MO), John Hostettler (IN), and Walter Jones (NC). The diversity of the members is illustrated by the ratings they received in 2005 from the Family Research Council on whether their voting records reflect "the Judeo-Christian worldview". Waxman and Davis got a rating of 0 and Israel had a 8. Aiken, Hostettler and Jones each had a rating of 100.

Rehearing Denied; Supplemental Opinion Issued In Notre Dame Funding Case

Yesterday, the U.S. 7th Circuit Court of Appeals denied an en banc rehearing in Laskowski v. Spellings, (7th Cir., July 26, 2006), a case challenging on Establishment Clause grounds the receipt of federal funds by Notre Dame University for use by it to fund a Catholic teacher training program. In April, a 3-judge panel held that it was possible that the lower court could order Notre Dame to repay the $500,000 grant to the federal Treasury. Along with yesterday's denial of a rehearing, the original panel wrote a supplementary opinion clarifying that whether Notre Dame had to make restitution of the funds depended on whether or not it had reason to know that the grant it was receiving was illegal. The opinion pointed out that Congress cannot make grants to religious institutions without imposing conditions to assure that the funds will be used only for secular purposes. It continued: "Whether appropriate conditions were imposed by the Secretary of Education and were properly observed or implemented by Notre Dame are the issues on the merits that the district court will be resolving in the first instance on remand." The Fort Wayne News-Sentinel reports on the decision.

Greek Government To Build Athens' First Mosque

After 30 years of negotiations and failed attempts, the government of Greece is poised to approve building of Athens' first mosque, and government funds will be used for its construction. Kathimerini reports that while 200,000 Muslims live in Athens, there is still no official place of worship for them. The Inner Cabinet on Tuesday approved plans by Public Works and Environment Minister Giorgos Souflias to do something about this. In April, 10,000 people had petitioned the Education and Religion Ministry asking for the project to move forward.

Report On Religious Liberty In The Americas

Zenit continues to reprint portions of the report by Aid to the Church In Need on religious freedom around the world. Here are the sections of the report dealing with religious freedom in the Americas- 1, 2. Here is what the report has to say about conditions in the United States:

In the United States, the debate involving the conflict between two different ideas of the separation or distinction between religion and the state institutions is played out at the level of civil and individual rights.

The conflict between American society and the Islamic communities is no exception. The latter complain of attacks against their places of meeting and prayer. They pursue legal paths in their attempts to introduce Koranic law into the legal system as has happened in Canada.

Other parts of the report were the subject of a prior posting.

Newdow Appeals "In God We Trust" Loss To 9th Circuit

The Pacific Justice Institute has recently announced that an appeal to the 9th Circuit is being filed in Newdow v. Congress of the United States. In the case, a California federal district court upheld the constitutionality of "In God We Trust" on U.S. coins. (See prior posting.) [Thanks to How Appealing for the information.]

House Bill Proposes Prison Goods and Services For Non-Profits, Including Churches

Congress is proposing a new kind of governmental support to non-profit organizations, including religious organizations. The scope of the program became clear when, on Monday, the Congressional Budget Office issued a Report on H.R. 2965, the Federal Prison Industries Competition in Contracting Act of 2005. As described by the Report:

The legislation would authorize the Attorney General to establish a new FPI [Federal Prison Industries] program in federal prisons that, subject to appropriation of the necessary amounts, would produce goods to be donated to nonprofit organizations instead of being offered for purchase to the federal government. In addition, FPI would be authorized to contract with nonprofit organizations and certain public entities for the use of inmate labor to provide charitable services. The bill would authorize the appropriation of $12 million for fiscal year 2008 and $48 million over the 2008-2011 period for these programs.

Section 10 of the bill permits programs to be created to furnish prison-made goods to non-profit or religious organizations that "provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market." Eligible organizations can suggest programs to FPI.

Section 10 more generally permits any religious (or other non-profit) organization that qualifies under Sections 501(c)(3) or 501(d) of the Internal Revenue Code to contract with the Inmate Work Training Administrator to employ inmates at below minimum wage rates. While there are various restrictions insuring that inmates will only provide non-profit services, and that inmates will not be discriminated against on the basis of religion (or on the basis of race, sex, national origin, disability or political belief), nothing in the bill appears to preclude using inmates to perform services that have religious content.

The bill has been approved by the House Judiciary Committee and will move to the full House for a vote.

Cert. Filed In Maine School Voucher Case

A petition for certiorari has been filed in the U.S. Supreme Court seeking review of the Maine Supreme Court's decision in Anderson v. Town of Durham, according to today's New York Sun. The decision upheld a state school voucher program for students from small towns with no high schools. Towns may pay for those students to attend a non-sectarian public or a private school, but they may not pay for attendance at religious parochial schools. (See prior posting.)

Required DNA Sample Does Not Violate Free Exercise Clause

A New York federal district court has rejected a free exercise challenge to the federal DNA Analysis Backlog Elimination Act. Kurt Kavoukian, on probation after serving a sentence for firearms violations, argued that requiring him to provide a DNA sample is an intrusion into his body prohibited by his religion. In United States v. Kavoukian, 2006 U.S. Dist. LEXIS 50014 (ND NY, July 20, 2006), the court found that the statute, designed to establish a federal DNA database to assist in the identification, arrest, and prosecution of criminals, is a permissible neutral law of general application.

White House Faith-Based Conference In Austin

Yesterday the White House hosted a Conference on Faith Based and Community Initiatives in Austin, Texas. Today's San Antonio Express-News reports on the conference. The article's lead is: "At the intersection of government and religion, Gov. Rick Perry sounded something like a preacher Tuesday as he touted public funds for faith-based and community groups helping the poor, the addicted and refugees."

Liberia Reassures Muslims On Wearing Of Veil

Liberia's Justice Minister Cllr. Frances Johnson-Morris reaffirmed the government's commitment to religious liberty, countering a controversial statement by Police Director Beatrice Munah Sieh who said that people of that faith would not be permitted to cover their faces while walking on the streets. AllAfrica.com reported yesterday that the Justice Minister assured Muslims that the government will protect the Islamic Community like any other religious group. She said Muslims will be allowed to dress in accordance with their religious beliefs. The Police Director's statement was made few days after masked robbers were arrested, and without an understanding of its legal implications.

More New Prisoner Cases

In Hardeman v. Stewart, (10th Cir., July 21, 2006), an inmate raised equal protection and free exercise claims, arguing that prison authorities had refused to recognize the Hebrew Israelites as a separate religion, and had denied him access to various requested religious items. The district court dismissed the claims because the Prison Litigation Reform Act precludes damages for non-physical harm, and any request for injunctive relief was moot because the inmate was transferred to a different facility. The Court of Appeals affirmed.

In Williams v. Bitner, (3d Cir., July 25, 2006), the Third Circuit Court of Appeals held that prison officials did not have qualified immunity in a claim for damages by a Muslim inmate who alleged that his First Amendment free exercise rights had been violated. Pennsylvania prison authorities had assigned Henry Williams to work as a cook in the prison kitchen. He was disciplined after he refused, on religious grounds, to help prepare a meal that contained pork.

In Scott v. Mecklenburg Correctional Center, 2006 U.S. Dist. LEXIS 49905 (WD Va., July 21, 2006), a Virginia state inmate challenged the prison's refusal to approve his participation in a Bible correspondence course in which he had previously enrolled. He also complained that he was not permitted to take his Bible into the recreation yard. A federal district court found that prison officials had a legitimate interest in restricting transient inmates' participation in long term correspondence courses. They also did not discriminate against plaintiff because no materials, secular or religious, are permitted in the recreation yard.

Native American Religious Concerns Cost Washington State $58M

In December 2004, the Washington State Department of Transportation stopped construction of a massive dry dock in Port Angeles, Washington, even though the state had already spent $58 million on it. At the time, the reason for the cancellation was said to be archeological concerns. The dock was located on the site of Tse-whit-zen, an important Klallam Indian village containing at least several hundred intact burials. (Background from History Link.org.) Now it appears that the real reason for ending construction was religious objections raised by the Lower Elwha Klallam tribe.

Washington's Peninsula Daily News yesterday reported that a letter to the auditor investigating the closing down of the project from Allyson Brooks, head of the state Department of Archaeology & Historic Preservation, revealed the true motivation of state officials. She wrote: "the underlying issue . . . is how we incorporate cultural values and religious beliefs into our decision-making processes in a manner that is fair, sensitive, constitutional and still results in a complete project.''

Over 350 bodies of tribal members were reburied after construction began, but the Klallam tribe wanted the remains returned to the Tse-whit-zen site. They believe their ancestors are angry that their remains were removed. Tribal members put red ochre below their eyes when they visit the site to ward off ancestors' anger, and they ceremonially wash with water containing snowberries when they leave so they will not take their ancestor's anger home.

High School Coach Wins Right To Join His Team's Prayers

In Newark, New Jersey today, East Brunswick High School football coach Marcus Borden won his federal civil rights suit in which he claimed the right to pray along with his team's players. The court rejected the high school's contention that the Establishment Clause was violated when coach Borden would silently bow his head and "take a knee'' while his players engaged in student-initiated, student-led, nonsectarian pre-game prayer. The Central Jersey Home News Tribune, reporting on the decision, quoted Borden's attorney, Ronald J. Riccio, who said that the decision "reaffirms that government can't be hostile to religion." The lawsuit was filed last November. (See prior posting.)

Promoters Of Baptist Affinity Fraud Convicted

Both today's Washington Post and today's Arizona Republic report that two former executives of the Baptist Foundation of Arizona were found guilty Monday on 3 counts of fraud and one count of knowingly conducting an illegal enterprise in what has been called the largest "affinity fraud" ever. More than 11,000 investors lost more than $550 million in total. The investors, many of them elderly, were encouraged to invest their money at promised high rates and at the same time "do the Lord's work," building Baptist churches and retirement homes. Defendants William Crotts and Thomas Grabinski, however, were acquitted of 23 counts of theft. The jury found that they did not personally profit from the Ponzi scheme. Instead they got in over their heads and then tried to cover it up. Defense attorneys had argued that the foundation could have been able to pay off investors if state regulators had not forced it to stop selling securities in 1999.

Loud Speakers On Bulgarian Mosque Challenged

In Sofia, Bulgaria, both mayor Boiko Borissov and the ultra-nationalist group Ataka have called for removal of the loudspeakers on the Banya Bashi mosque that are used to call the faithful to prayer. The mayor said that the volume of the loudspeakers has been turned down. He urged Christian and Muslim leaders to continue the Bulgarian tradition of peaceful co-existence. The Sofia Echo reports on this as well as on a pending case before Bulgaria’s Commission for Protection Against Discrimination involving two Muslim girls who were banned from wearing traditional Islamic headscarves in school.

Jerusalem Gay Pride Parade Cancelled Because Of Security Concerns

As reported previously, Orthodox Jewish, Muslim and conservative Christian leaders in Jerusalem have called for cancellation of the planned Aug. 10 GLBT World Pride Parade. To Be Publications reported yesterday that the fighting between Israel and Lebanon's Hezbollah has led to the fulfillment of those religious leaders' demands. Orthodox Jews threatened to stage massive counter-demonstrations to the GLBT parade. Jerusalem police had planned to bring in reinforcements from other cities to protect the marchers. Because of the new war with Hezbollah, not only are those reinforcements not available, but some members of Jerusalem's police force have been deployed outside of the city, closer to the war zones. World Pride organizers say they will hold an alternative event.