Illinois Court Dismisses Pharmacists' Challenge to Rules for Lack of Ripeness

In a recent decision in Morr-Fitz, Inc. v. Blagojevich, (IL 4th Dist App., March 19, 2007), an Illinois state appellate court, by a vote of 2-1, dismissed a challenge brought by pharmacists and drug stores to State Board of Pharmacy rules that require drug stores to fill prescriptions for the "morning-after" pill, even where doing so violates a pharmacist's religious beliefs or conscience. (See prior related posting.) The court held that the claim was not ripe for a pre-enforcement challenge since the allegations in the plaintiffs' complaint suggest that it is extremely unlikely that these parties will ever be placed in a position to choose between their conscientious objections and following the rule's requirements. Justice Turner dissenting argued that plaintiffs' claims are ripe for review under the state's Health Care Right of Conscience Act and the Illinois Religious Freedom Restoration Act.

Michigan Woman Sues Judge Who Insisted She Remove Veil To Testify

Alleging that she was denied her free exercise rights and access to the courts because of her religion, a Muslim woman has filed a civil rights complaint in federal district court in Detroit. The AP reported yesterday on the case against against Hamtramck, Michigan small claims court Judge Paul Paruk who, last October, dismissed Ginnnah Muhammad's claim against a car rental company when Muhammad refused to remove her niqab (full face veil) before she testified. (See prior postings 1, 2. ) The judge insisted that he needed to see the plaintiff's face in order to assess her truthfulness. Muhammad says she would have removed her veil for a female judge. Meanwhile the car rental company has now filed a small claims suit against Muhammad and a hearing is set for April 18 before the same judge. Muhammad's attorney will ask the judge to remove himself from the case.

Jurisdiction Of Malaysian Islamic Courts Debated

Malaysian courts continue to struggle with the appropriate jurisdictional reach of the country's religious Syariah courts. On Wednesday, the Syariah High Court rejected an application by a 24-year-old non-observant Muslim woman to renounce her Islamic affiliation. According to a report in today's Daily Express, the court held that it has jurisdiction to determine if an individual's actions have made the person an apostate, but it has no jurisdiction to grant conversion based only on a person's wish to change religions.

Meanwhile, earlier this month Malaysia's civil Court of Appeal held that a Hindu woman had to seek recourse through the Syariah Appeal Court to stop her estranged husband, who had converted to Islam, from dissolving their civil marriage in a Syariah court and unilaterally converting their children. Sun2Surf today reports that the president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism objected to the decision, arguing that non-Muslims should not be required to go to Syariah courts for relief.

UPDATE: The International Herald Tribune reported on Friday that Malaysia's Court of Appeal has ruled that Muhammad Shafi Saravanan Abdullah — who converted from Hinduism to Islam — cannot convert his son to Islam until after the apex Federal Court hears his estranged wife's appeal of its decision to send the case to a Syariah religious court.

Rights Groups Exchange Charges Over "Flying Imams'" Litigation

A civil rights suit filed earlier this month by six imams who were removed from a U.S. airways flight in Minneapolis has led to an interesting exchange of letters between the CAIR-- the group representing the Muslim clerics-- and the Becket fund for Religious Liberty. The Becket Fund letter, dated March 23, strongly criticizes CAIR for including as defendants several "John Does", some of whom are apparently senior citizens who contacted U.S. Airways to report what they saw as suspicious behavior by the imams.

CAIR's letter in response, sent yesterday, says that the lawsuit targets only individuals "who may have knowingly made false reports against the imams with the intent to discriminate against them", and not individuals who acted in good faith. It says that the main focus of the suit is the conduct of U.S. Airways and its employees. Finally it charges the Becket Fund with "contributing to a national environment that chills the right of American Muslims, Arab-Americans and South Asians to redress violations of their civil rights. This chilling effect is caused by [the Becket Fund's letter] labeling efforts to protect Muslim civil rights in court as 'legal terrorism'." (See prior related postings on the litigation 1, 2.)

Justice Department Begins Seminars on Protecting Religious Freedom

Last month, the U.S. Department of Justice announced its new initiative on religious freedom called the First Freedom Project. A part of that project is a series of regional seminars presented by senior Civil Rights Division attorneys. The seminars are titled "Federal Laws Protecting Religious Freedom. The first of those seminars takes place tomorrow in Kansas City.

Topics will include: Religious Discrimination in Public Schools, Colleges and Universities; Religious Discrimination and Public Employees; The Religious Land Use and Institutionalized Persons Act; Religion-based Housing and Lending Discrimination; Religious Discrimination in Access to Public Accommodations and Public Facilities; and Prosecuting Religion-based Hate Crimes, and Arson and Vandalism of Houses of Worship.

Similar seminars are scheduled for Tampa, FL on April 25 and Seattle, WA on May 10.

Israel Cancels Vatican Meeting On Church Tax and Property Issues

In a surprise move, Israel's delegation has cancelled its March 29 meeting with the Vatican that was to have been held in Rome to work out a "comprehensive agreement" on all tax and property matters affecting the Catholic Church in Israel. The Vatican wants a reconfirmation of the historic tax exemptions that it possessed at the time that Israel creation in 1948, and the return of certain Church properties. It also wants assurances that property disputes will be heard by Israeli courts. Asia News reports that there had been high expectations for the meeting, which would have been the first Plenary Session of the Israel-Holy See Permanent Bilateral Commission in five years. (See prior related posting.)

UPDATE: Israel's ambassador to the Vatican said that the postponement of the Commission meeting was merely for technical reasons and that a new meeting date would be set soon. (CNS).

US Files Brief In Bald Eagle Act Appeal

The Free New Mexican yesterday reports on the brief filed last week by the U.S. Department of Justice in its appeal to the 10th Circuit in United States v. Friday, a case in which a Wyoming federal district court found that the government’s implementation of the Bald and Golden Eagle Protection Act violated the free exercise rights of a member of the Northern Arapaho Indian Tribe. (See prior posting.) The brief appears to focus on countering the trial court's conclusion that the government has little intention of accommodating Native American religious rights. It cites examples of permits that have been issued to allow the taking of eagles for Native American religious ceremonies.

Rabbinic Court Appointments In Israel Challenged

In Israel, petitions have been filed both with the High Court of Justice and with Justice Minister Daniel Friedmann objecting to the procedures used last week to appoint 15 new judges to the country's rabbinic courts. (See prior posting.) The petitions demand that the election results be cancelled and new judges appointed. Yesterday's Jerusalem Post reports on the judicial challenge and Haaretz reports on the filing with the Justice Ministry.

The petitions were filed by The Tzohar organization of modern Orthodox rabbis and Emunah, the National Religious Women's Organization. They claim that the new ultra-Orthodox appointees will be insensitive to women's issues. The High Court petition alleges that the appointments were the result of a political deal between two ultra-Orthodox parties. It says that election committee members were not given the protocols of the subcommittees that interviewed and rated the candidates and were not told to which courts the nominees would be assigned. When the head of the committee began to read the names of the candidates and give his opinion of each, apparently committee members interrupted him and said there was no need for that, even though some new committee members were unfamiliar with the candidates.

Italian Bishops Speak Out Against Civil Unions; Public Thinks They Shouldn't

In Italy, Archbishop Angelo Bagnasco of Genoa, the new president of the Italian bishops' conference, has rejected charges of interference in secular politics and has strongly defended the involvement of Church leaders in Italy's public debate over legal recognition of civil unions. Yesterday's Catholic World News quotes the Archbishop as saying: "Church leaders have a solemn obligation to protect marriage and the family." However, a poll by Demons-Eurisko for found that more than 60% of Italians-- including 44% of those who describe themselves as practicing Catholics-- oppose Church leaders telling politicians how to vote on the government's proposed recognition of civil unions. (Catholic World News.)

Meanwhile, there are disagreements within the Italian bishops' conference on whether Catholic politicians who vote for civil-union legislation should be subject to some religious sanction, such as denial of the Eucharist. (Catholic World News.)

Permanent Injunction Permits Anti-Abortion Literature Distribution At School

In M.A.L. v. Kinsland, (ED MI, March 19, 2007), a Michigan federal court converted its January preliminary injunction into a permanent injunction, barring a Monroe, MI middle school from enforcing its policy on distribution of non-school sponsored literature. (See prior posting.) The ruling permits a student to distribute anti-abortion literature before and after school, and during the lunch period. It also permits him to wear a sweat shirt carrying the slogan "Pray to End Abortion" and to place tape on his wrists, but not on his mouth. The school retains the right to control these activities only if they they threaten or pose material and substantial disruptions of discipline or intrude on other students' rights. The case grew out of a student's participation in last year's Pro-Life Day of Silent Solidarity. A release by Alliance Defense Fund announced the court's ruling.

Settlment Reached In FL Community Center's Exclusion of Religious Groups

The Alliance Defense Fund yesterday announced the settlement of a lawsuit that had been filed against Ocala, Florida's Marion Oaks Community Center. The Marion County public facility allows groups and individuals to rent rooms at the community center, except that the community center and park would not be rented out "for formal religious services, informal study programs, or revivals". The complaint in Quinones v. Marion County, filed last January, alleges that the policy violates the speech and religion clauses of the First Amendment and denies equal protection of the law to religious groups. It also alleged violation of Florida's Religious Freedom Restoration Act.

Under the settlement, Marion County has agreed to remove the religious prohibitions from its policy and to treat the plaintiff, Iglesia Cristiana Fe y Esperanza (Faith and Hope Christian Church), equally with other groups seeking to use Marion Oaks facilities.

Indiana Distributes "In God We Trust" License Plates

Since January, the state of Indiana has given drivers an option to obtain license plates carrying the motto "In God We Trust". Yesterday's Marion (IN) Chronicle-Tribune says that legislators are surprised at how popular the option has become. More than 321,000 of the plates have been distributed since January. They cost no more than standard plates, though for individuals who have already registered their autos for 2007, a $9 transfer fee is involved to get the plates for this year. A posting on Dispatches from the Culture Wars reviews the discussion on Religionlaw listserv on whether Indiana has created an Establishment Clause problem by charging an added fee for other specialty plates, but not for this one.

Macedonia Will Require Religious Education For 5th Graders

In Macedonia, religious education will be mandatory for all 5th graders starting in the 2008-09 school year. MRT reports today that students will have a choice between a religious instruction course on Orthodoxy and Islam, or a course in religious history

Suit Filed Over Expansion of Tiburon, CA Synagogue

In wealthy Marin County, California, controversial plans to expand the county's only synagogue have hit another hurdle. Yesterday's Marin Independent Journal reported that even though the Town of Tiburon finally approved the construction-- with a number of conditions imposed-- now neighbors of the synagogue have filed suit in Marin Superior Court. The lawsuit against both Tiburon and the synagogue alleges that in granting a construction permit, Tiburon failed to address environmental concerns in violation of the California Environmental Quality Act as well as Tiburon's own land use regulations

Nigerian City Gets Women-Only Rickshaws

Two years ago in the northern Nigerian city of Kano, in an attempt to impose stricter Islamic law, women were banned from riding on motorcycle taxis on which they came into physical contact with the male cycle drivers. (See prior posting.) Now, subsidized yellow motorized rickshaws for women, bearing the slogan "Be Pious," are appearing on the streets of Kano. Yesterday's International Herald Tribune reports that the rickshaws have pull-around shades to hide the women from being seen by men.

Quebec To Require Muslim Women To Lift Veils To Vote

Marcel Blanchet, chief electoral officer of the Canadian province of Quebec, on Friday reversed his earlier interpretation of Quebec's voting law and ruled that Muslim women would be required to lift their niqab to show their face in order to identify themselves to vote. Saturday's National Post reports that Blanchet reversed himself after numerous e-mails and telephone calls suggested that voters might disrupt elections today. A campaign on the Internet encouraged voters to show up at the polls wearing paper bags over their heads or wearing Darth Vader masks. Blanchet said, however, that after today's election a serious debate on the issue must take place. Dr Mahfooz Kanwar, head of the Muslim Canadian Congress has suggested that Canada totally outlaw the niqab. He was quoted in today's Daily Times as saying that the veil is not required by Islam and "It should be against the law to hide your face in this society, period."

Christian Pastors Arrested In Indian State For Conversionary Activity

In the Indian state of Rajasthan, two Christian pastors have been arrested on charges of insulting Hindu gods and forcing people to convert to Christianity. Today's Pakistan Christian Post reports that the two have been charged under section 295 of the Indian Penal Code that prohibits insulting the religion of any class of persons. In Rajasthan last year, the governor refused to sign an anti-conversion bill passed by the legislature. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Jefferson v. Wolfe, 2007 U.S. Dist. LEXIS 18625 (WD PA, March 16, 2007), a federal Magistrate Judge rejected an Establishment Clause, a Free Exercise Clause, a retaliation and an Equal Protection Clause claim by a Muslim inmate, Leonard Jefferson. It found that Jefferson had not been coerced into participating in religious-based rehabilitation programs; that forcing him to participate in non-Islamic based programs did not violate his free exercise rights; that his removal from his job as Chapel clerk was justified based on his inflammatory and disruptive poetry; and that he was offered access to the same programs and benefits as other prisoners.

In Henderson v. Ayers, 2007 U.S. Dist. LEXIS 18791 (CD CA, Feb. 23, 2007), a California federal Magistrate Judge permitted an inmate to move forward with a claim under RLUIPA that his rights were violated when he was denied time off work to attend Friday Islamic prayer services.

In Phillips v. Stanley, 2007 U.S. Dist. LEXIS 19608 (WD VA, March 20, 2007), a Virginia federal district court dismissed a prisoner's claim that he was not able to go to church or get religious books because the prisoner failed to particularize the facts surrounding his claim.

In Goodrick v. Roane, 2007 U.S. Dist. LEXIS 19360 (D ID, March 19, 2007) an Idaho federal court permitted a prisoner to move to trial with his claim that a correctional officer violated a settlement agreement in his prior free exercise claim that permitted him to keep a limited amount of religious prayer oil in his cell.

In Busick v. City of Madison, 2007 U.S. Dist. LEXIS 19432 (SD MI, March 19, 2007), a Mississippi federal district judge dismissed a prisoner's challenge to a policy that permitted him to receive religious material by mail only from one approved source.

In Stanko v. Patton, (8th Cir., March 20, 2007), the U.S. 8th Circuit Court of Appeals reversed a district court's finding that a prisoner's Free Exercise claim is frivolous. The inmate claimed that he is a member of the Church of the Creator, and that eating nuts and fruit is a genuine dietary requirement of the religion.

In Hightower v. Schwarzenegger, 2007 U.S. Dist. LEXIS 20520 (ED CA, March 8, 2007), a California federal Magistrate Judge dismissed without prejudice a prisoner's claim that defendants refused boxes of religious books sent to him directly by the publisher on more than one occasion. The court said that plaintiff needed to amend his complaint to link the named defendants with the alleged conduct.

In Larry v. Goetz, 2007 U.S. Dist. LEXIS 20619 (WD WI, March 20, 2007), a Wisconsin federal district court rejected a Muslim inmate's claim that a volunteer chaplain at the Dane County jail violated his free exercise rights by failing to arrange Jumah services. There was no evidence that the chaplain had the authority to determine whether such services would be offered.

In Coronel v. Paul, 2007 U.S. App. LEXIS 6928 (9th Cir., March 12, 2007), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court dismissal of a claim against a prison chaplain, the warden, and Corrections Corporation of America at a CCA-operated prison. It held that the lower court erred in finding these defendants uninvolved in alleged infringements of an Hawaiian inmate's rights under the First Amendment and RLUIPA. They had implemented an order of the Hawaii Department of Corrections that Hawaiian inmates be prohibited from participating in Pascua Yaqui Native American sweat lodge ceremonies because prison gangs were using these services to organize disruption.

Last week the Associated Press reported on the settlement of a lawsuit brought by by the ACLU on behalf of a Mormon prisoner against Louisiana State Penitentiary. The prison will now permit the inmate to buy books from several previously-unapproved Church of Jesus Christ vendors, including Brigham Young University's bookstore.

Controversial Australian Mufti Retains His Position

In Australia, Muslim clerics meeting in Sydney have decided that the controversial Sheik Taj Din al-Hilali should remain as Mufti of Australia, a position he has held since 1988. Developments were reported yesterday by M&C. Controversial past remarks by the sheik led to calls for his removal by Prime Minister John Howard and New South Wales Premier Morris Iemma. Last year the sheik raised widespread protest when he suggested that women who do not wear a head covering invite rape. This year he suggested that Muslim immigrants have greater entitlement to live in Australia than did the country's colonial settlers.

Pakistani Muslims Fail To Rally Opposition To Hindu Chief Justice

Ohmy News reports that religious parties in Pakistan have failed in their attempts to generate opposition to the appointment of an observant Hindu as the country's Chief Justice. A senior religious cleric, Maulana Sami-ul-Haq said that it is not permissible under Islamic law for a non-Muslim to become the chief justice of an Islamic state. Legal experts disagree. The appointment follows the controversial suspension of former Chief Justice Iftikhar Muhammad Chaudhry who was charged by President Pervez Musharraf with misusing authority. (See prior posting.)