Iraqi Christians Formally Petition For Separate Province

ANS reports today that the Assyrian Christian Community in Iraq has presented the government of Iraq with its Formal Request for an Assyrian Province. Reacting to a "brain drain" of almost half of the Christian community, Iraq's foreign minister encouraged the Assyrian community to take this step. He said: "According to the Constitution the Assyrian Christians as the original people of Iraq are entitled under the constitution to a Province of their own." (See prior related posting.)

Malaysia's High Court Permits Challenge To Selangor Sharia Enforcement

Malaysia's Federal Court today gave permission for a lawsuit to be filed by a Muslim who has been charged by Selangor state authorities with illegally claiming to be God's prophet. Both the International Herald Tribune and Sun2Surf report on the case. Abdul Kahar Ahmad received permission from Malaysia's highest court to bring a challenge to the power of Islamic authorities in Selangor state after authorities issued a fatwah declaring his teachings as deviationist beliefs and then filed charges against him. Ahmad's lawsuit claims that various provisions in the Selangor Syariah Criminal Enactment 1995 and the Islamic Religious Administration (Selangor) Enactment 2003 violate his constitutionally protected freedom of religion. It also claims that under the Malaysian Constitution, only Parliament, and not state assemblies, have the right to make criminal laws. Finally Ahmad claims that some of the offences with which he is charged are not violations of Islamic law. Ahmad's lawyer Malik Imtiaz Sarwar said the suit is in part intended to challenge the narrow interpretation of Islam by Malaysian religious authorities.

North Carolina County Council Debates Sectarian Invocations

Oconee County, North Carolina Council is debating how far to go in keeping sectarian prayers as part of the County Council proceedings. Today's Wilmington (NC) Star News reports that for two years the ACLU has been complaining about Council's practices. Previously, a councilman who was also a minister would pray before meetings in the name of Jesus. Now Rev. Bill Rinehart-- who was also Council's official chaplain-- is no longer on Council. Instead of replacing him, Council has now asked the Oconee County Ministerial Association to provide a list of people to offer prayers. Yesterday, Rev. Mike Babb led two prayers-- one 30 minutes before the Council meeting at a flag pole outside the county building, and the other in council chambers, praying in Jesus' name 8 minutes before the meeting began. The ACLU has a problem only with the second of these. County Attorney Brad Norton said:"What we can do legally is very clear. We can very easily follow the law, but if we decide to gamble and stretch how far the law will go and the court says we're wrong, it will cost us in the neighborhood of $150,000 (to) $250,000 in attorneys' fees" Council will hold a public meeting to discuss its prayer policy next week.

French Tribunal Says Pig Soup Is Not Discriminatory

In France, an administrative tribunal has overturned a decision by Paris police who said that a soup kitchen for the poor discriminates against Muslims and Jews because it serves pork soup as its main fare. The soup kitchen, and others like it across France associated with the right-wing Bloc Identitaire, have operated since 2004. Last winter Fabienne Keller, the mayor of Strasbourg, said the soup kitchens (known as Solidarite des Francais (SDF)) should be banned as racist. SDF's website invited that charge, saying: "Attention, cheese, dessert, coffee, clothes, snacks go with the pig soup: no pig soup, no dessert - the only rule of our action: our own before the others." Pork soup is a traditional dish of rural France. Guardian Unlimited yesterday, however, reported that the administrative judge found the Paris soup kitchen had not actually refuse to serve Jews and Muslims, and so could not be found to have discriminated. The tribunal ordered the Paris police prefecture to pay 1000 Euros in costs to SDF. [Corrected]

Religious Objections Raised To FDA's Green Light On Cloned Animal Products

Agape Press yesterday reported that the America First Party has raised what amount to religious objections to the recent Draft Risk Assessment issued by the U.S. Food and Drug Administration (news release). The FDA concluded that meat and milk from cloned cattle, pigs, and goats "are as safe to eat as food from conventionally bred animals". AFP's press release quotes party chairman Jon Hill who said: "It is our duty to respect the image of creation that the Creator has given to nature, and to not unnecessarily deform this image in order to merely provide economic opportunities to people involved in the field of genetics. "

Israeli Court Upholds Deceased's Right To Cremation

In Israel, a Jerusalem District Court last week upheld the right of Shmuel Rosen's wife and two sons to carry out the recently-deceased Rosen's wishes to have his body cremated. Today's Jerusalem Post reports on the legal controversy surrounding the request. Rosen, an 80-year old Holocaust survivor, lived as an atheist. However cremation is inconsistent with Jewish religious law, and on that basis, a distant relative of Rosen's went to court to oppose the cremation. Since World War II, cremation has also been identified by some with Hitler's crematoria. However, Israel's attorney general's office advised the Jerusalem court that there was apparently no legal prohibition in Israeli law on cremation -- which is offered only by one funeral home in the country. The court's honoring of Rosen's wishes may give impetus to a proposal that was introduced in the Knesset in 2005 to ban cremation, or any other alternative to burial of Jews that damages the body.

UPDATE: On Monday, Knesset member Ya'acov Cohen (United Torah Judaism) introduced an amendment to the burial law to effectively ban cremation. (Jerusalem Post, Jan. 8).

Was Saddam's Execution On Sunni Eid Illegal?

The Associated Press yesterday reported that many Sunnis in Iraq are outraged over the execution of Saddam Hussein. Part of the anger stems from the claim that the timing of the execution violates Section 290 of Iraq's Law on Criminal Proceedings (1971). The section provides:

The death penalty cannot be carried out on official holidays and special festivals connected with the religion of the condemned person.

Sunnis and Shiites disagree on the date for the celebration of Eid al-Adha. Saddam's execution-- at dawn on Saturday-- was hurried to avoid the Shiite celebration of Eid al-Adha that began Saturday evening (see prior posting). However the Sunni celebration had already begun on Friday at sundown. Saddam was Sunni, so it would appear that Section 290 would preclude his execution on the Sunni dates of the Eid. That is what Rizgar Mohammed Amin, the Kurdish judge who originally presided over Saddam's trial thinks. (International Herald Tribune, Jan. 1).He was removed during the trial when Shiites claimed he was too lenient.

All of this makes very important the remark of Munir Haddad, a judge on the Iraqi High Tribunal who represented the Tribunal at the execution. He was quoted by the International Herald Tribune on Friday as saying: "The official Id in Iraq is Sunday... Saddam is not Sunni. And he is not Shiite. He is not Muslim." It is not clear whether Haddad claims to have any legal basis for this assertion, though during Saddam's rule Shiites objected strongly to the secular policies of Saddam's Sunni-backed Ba'athist government.

At any rate, the timing of Saddam's execution, coupled with executioners' remarks as Saddam was being hanged, reinforces the image of Saddam's execution as revenge by Shiites on Sunnis. (Baltimore Sun; Los Angeles Times).

Christian Lawyers Petition Queen To Protest Rules On Equal Rights For Gays

In Britain, a group of lawyers known as Christian Concern for Our Nation has petitioned Queen Elizabeth, asking her to pressure the government to withdraw the new Sexual Orientation Regulations that have been proposed under the Equality Act 2006. Today's Pink News reports that the petition calls the Queen's attention to her Coronation Oath in which she pledged to use her power to "maintain the Laws of God and the true profession of the Gospel". The petition goes on to say that the proposed Regulations "purport to eliminate discrimination on the grounds of sexual orientation, but have the consequence of discriminating heavily against Christians.... The Regulations will make it unlawful for a Christian to refuse to promote homosexual practice and will make it unlawful for our children to be taught the importance of marriage in any schools above the importance of practising homosexual relationships." (See prior related posting.) Northern Ireland has already implemented the Act, with new rules that came into effect on January 1. The proposed rules are scheduled to take effect in England and Wales in April. (Pink News.)

Injuries In Turkey From Animal Sacrifices Outside Municipal Facilities

It is traditional for Muslims during the feast of Eid al-Adha to sacrifice cows, sheep, goats and bulls to commemorate God's providing a ram for Abraham to sacrifice in place of his son. (Muslims believe that it was Ishmael who Abraham took to sacrifice, while Jewish and Christian sources say it was Isaac.) Muslims then share the meat they have butchered with friends and family and give part of it to the poor. The Associated Press yesterday reported that in Turkey, many Muslims have ignored government rules that require animal slaughtering to take place in special municipal facilities. Over 1,400 people were treated at hospitals around the country after suffering injuries from attempting to slaughter animals in their back yards or on roadsides. Many stabbed themselves, or were injured by startled animals. Three suffered heart attacks while trying to restrain animals, and three others were crushed by animals falling on top of them.

Happy New Year and Thanks To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2007 begins, let me thank all of you for your readership, your comments, the material you send to me, and the links to Religion Clause that you place on your own websites and blogs. Thanks in particular to my regular readers, some of whom tell me that they check the blog every day. Please continue to keep in touch. The e-mail address for communicating with me about Religion Clause has recently changed. You should now send your e-mails to this NEW address: religionclause@bex.net

Readership of Religion Clause during 2006 has grown steadily. Shortly after midnight ushered in 2007, the Religion Clause site meter (measuring readers since the blog began) turned to 104,271. In 2006, Religion Clause attracted over 82,000 readers. I hope this means that there continues to be a need for serious, non-ideological, coverage of legal and political developments relating to religious liberty and to church-state relationships.

Over the last year, international developments have become a more significant portion of my coverage. Increasingly nations around the world-- even though they may have different legal systems-- are facing issues similar to those that regularly arise in the United States, as well as fascinating issues that are unique to their legal systems and traditions. I hope that you find these as fascinating as I do.

Best wishes for 2007,

Howard M. Friedman

Recent Prisoner Free Exercise Cases

In Keith v. Estelle Unit High Security Administration, 2006 U.S. Dist. LEXIS 93014 (SD TX, Dec. 22, 2006), a Texas federal district court rejected a free exercise claim by an Texas inmate who complained that he was not permitted to purchase candles and matches needed to practice Satanic rituals, and was refused assistance in locating nearby churches or groups associated with Satanic worship.

In Nellis v. Jahnke, 2006 U.S. Dist. LEXIS 92965 (ED WI, Dec. 21, 2006), a Wisconsin federal district court permitted a Native American prisoner to move ahead with his free exercise claim against prison officials. The inmate's complaint alleged that he had been denied "chapel studies", the only means of practicing his religion, after he quit his voluntary employment with the prison's food service department out of fear that co-workers would harm him.

White House Issues Greetings To Muslims Celebrating Eid al-Adha

On Friday, the White House issued a Presidential Message sending greetings to all Muslims celebrate Eid al-Adha. The message describes the holiday as a four-day observance to "honor Abraham's example of sacrifice and devotion to God". The message continues: "This holiday reminds us of the values that so many of our citizens hold in common, including love of family, gratitude to God, the importance of community, and a commitment to respect, diversity, tolerance, and religious freedom." In the United States, celebration of Eid al-Adha began today. (Pittsburgh Post-Gazette).

Reports Of Chinese Arrests Of Priests Loyal To Vatican Denied

In China, the government recognizes only the state-approved Catholic Patriotic Association (CPA) churches. However a number of underground churches remain loyal to the Vatican, and reports (AsiaNews.it) say that nine priests from the underground Catholic church in Hebei province were arrested by police on Wednesday. Yesterday's Washington Post quotes Liu Bainian, vice chairman of the CPA, as saying he had not heard of any arrests. He denied there was a campaign on to crush the underground church movement and said underground churches that violate the law will be dealt with by police, not the Catholic Patriotic Association.

Church-State Relations Being Redefined In Europe

Today's Washington Times reports on the conflicting pressures throughout Europe as the continent attempts to redefine the relationship between religion, politics and civil life. Traditional groups are seeking a greater recognition of Europe's Christian heritage. Others are seeking new models to better integrate Europe's growing Muslim communities. Jonathan Bartley, co-director of Ekklesia, says: "We are witnessing post-Christian Europe taking shape. The remaining alliances of religion and governments don't make sense anymore, in many people's eyes, and they are coming apart."

Invasive Fish Regulations Said To Violate Fish Owner's Free Exercise Rights

Wildlife regulations in the state of Maine prohibit importing or possessing koi-- an invasive fish species-- without a state permit. Today's Portland Press Herald reports that restaurant owner Cuong Ly is challenging on free exercise of religion grounds the state's insistence that he not put his ten pet koi on public display. On Friday he filed a court challenge to the restrictions. Prior to their seizure last July, for 15 years Ly had kept the fish in a 150-gallon aquarium in his restaurant. Ly says that his Feng shui spiritual beliefs require that the fish be seen in order for them to bring good luck to his restaurant. Originally the state insisted that he also implant identifying microchips in the fish, but now regulators have dropped that requirement in favor of Ly taking identifying photos of the fish.

Soccer League Permits Sikhs To Play Wearing Patkas

The Sikh-American Legal Defense Fund yesterday issued a press release on a ruling last month that now allows players in the Lehigh Valley Pennsylvania Youth Soccer League to play soccer while wearing a patka-- a Sikh religious head covering. The State of Pennsylvania Referee Association said that the "Secretary General of the United States Soccer Federation has given permission to those bound by religious law to wear such head coverings, usually a turban or yarmulke."

Another Indian State Passes Anti-Conversion Law

The Indian state of Himachal Pradesh yesterday passed an anti-conversion law-- but one that is somewhat milder than those in other states. The law bans forcing or inducing another person to change religions, and provides that the victim can freely return to his original religion within a month of the conversion. The law is particularly aimed at Christian missionaries who convert poor Hindus with inducements of free education and health care. ANI reports that while five Indian states ruled by the BJP Party have passed anti-conversion laws, this is the first such statue passed in a state whose government is controlled by the Congress Party.

California Supreme Court Rejects Murderer's Complaint On Use Of Bible In Jury Deliberations

In People v. Williams, (CA Sup. Ct., Dec. 28, 2006), the California Supreme Court on Thursday rejected a convicted murderer's argument that he should be granted a new trial because a juror had brought several pages copied from a Bible into the jury room and had read passages from them during penalty phase deliberations. The Court concluded that, given the circumstances-- including another juror saying immediately after the reading that religion should play no part in their decision-- it was not substantially likely that any juror was actually biased against the defendant because of the Bible reading. Yesterday's Bakersfield Californian reports on the decision.

Saddam's Execution Hurried To Miss Muslim Holiday

Today’s New York Daily News reports that Saddam Hussein’s execution just before dawn Saturday in Baghdad was carefully timed to take place before the start of the Muslim festival of Eid al-Adha. The holiday, also known as the Festival of the Sacrifice, commemorates Abraham's willingness to sacrifice his son to God.

Iraqi law, written during Saddam’s regime, prohibits executions during a religious holiday. The International Herald Tribune reports that some confusion existed on timing because the Eid does not begin until Sunday for Shiites—who now control the Iraqi government. So the official holiday in Iraq did not begin until then. However for Sunnis—Saddam's sect—the holiday began on Saturday. An Iraqi official expressed some frustration at the confusion: "According to the law, no execution can be carried out during the holidays. After all the hard work we have done, why would we break the law and ruin what we have built?" CBS News reports that the Iraqi government consulted Muslim clerics on the timing issue. In the end, according the International Herald Tribune: "the hanging was carried out with such haste that an ad hoc air at times overshadowed the historical import."

According to Pakistan's The International News, two other defendants sentenced to death along with Saddam will not be executed until after the holiday ends-- Tuesday for Sunnis and Wednesday for Shiites.

To those looking for historical analogues, the hurried execution in the face of an upcoming religious celebration brings to mind the circumstances surrounding the execution 53 years ago of Julius and Ethel Rosenberg in the United States. The convicted atom spies' execution was hurriedly advanced from 11:00 p.m. on Friday night to 8:00 p.m. after the Rosenberg's lawyers—seeking a 24 hour delay—argued that it would be a sacrilege to kill the Rosenberg's—who were Jewish—on their Sabbath. (from Natl. Comm. to Reopen Rosenberg Case).

UPDATE: Governments in a number of Sunni Muslim countries have criticized the decision to execute Saddam Hussein on Eid al-Adha. Sunday's Chicago Tribune reports that leaders in Saudi Arabia, Libya, Egypt and Afghanistan criticized the timing of the execution. Among Arab countries, only Kuwait welcomed the developments. Saad bin Tafla al-Ajmi, former information minister of Kuwait, said "This is the best Eid gift for humanity." Meanwhile, Reuters reports that a number of European leaders, as well as the Vatican, have criticized use of the death penalty even for Saddam.

4th Circuit Decides Two RLUIPA Cases

Yesterday, the U.S. 4th Circuit Court of Appeals handed down decisions in two RLUIPA cases:

In Madison v. Commonwealth of Virginia, (4th Cir., Dec. 29, 2006), the 4th Circuit upheld the constitutionality of RLUIPA as a valid exercise of Congress’ spending power. It rejected Virginia’s broad sovereign immunity defense, finding that Congress conditioned Virginia’s acceptance of federal correctional funds on the state’s consent to be sued under RLUIPA. However, the court held that because RLUIPA does not unequivocally indicate that the waiver of sovereign immunity extends to money damages, the Eleventh Amendment bars claims for monetary relief against Virginia.

The case was brought by a Virginia inmate seeking the prison’s “Common Fare” meals. He claimed that his “Hebrew Israelite” religion directs him to eat a kosher diet. The United States had intervened in the case on the side of the inmate, and amicus briefs in support of the prisoner’s position had been filed by the ACLU, the Becket Fund for Religious Liberty, and the Coalition of Prison Chaplain Associations. The Associated Press reported on the decision.

In Lovelace v. Lee, (4th Cir., Dec. 29,2006), the 4th Circuit in a 2-1 decision held that Virginia prison officials had not adequately justified their policy on Ramadan observance that resulted in a disciplinary denial of a Nation of Islam prisoner's participation in the Ramadan fast and weekly prayer services. It held that under RLUIPA, prison officials had the burden of showing that their actions were the least restrictive means of furthering a compelling governmental interest. The court held that mere negligent deprivations did not violate RLUIPA, but that here plaintiff’s claim against the correctional officer alleged intentional conduct. The majority also permitted plaintiff's free exercise and due process claims to proceed and refused, on the present state of the evidence, to find that a correctional officer defendant had qualified immunity.

Judge Wilkinson, dissenting, said "not content to recognize this case for what it is — a possibly legitimate complaint by a Muslim prison inmate that his Ramadan fasting rights were deliberately and maliciously violated by a prison guard — the majority expands it to what it is not, an excuse for top-to-bottom fine tuning of an accommodating policy designed to foster the very values of religious expression set forth in RLUIPA."