Islamic Foundation In Zoning Fight In Pennsylvania

The Philadelphia Enquirer today reports on a zoning fight involving the Foundation for Islamic Education in Villanova, Pennsylvania. The Foundation wants to expand operations on its 23-acre campus. However neighbors say the group has violated many of the restrictions imposed on them by a 1994 zoning order. Religion does not appear to be playing a major role in the zoning dispute.

Belarus Prosecutor Objects To Jewish Holiday Celebration In School

The European Jewish Press reported yesterday that a Jewish music teacher in Belarus has been threatened with prosecution if she again goes beyond teaching her young public school students about Jewish traditions, and instead continues to organize holiday celebrations for them. Lyudmila Izakson-Bolotovskaya, the director of Alef, was supposed to be teaching a class on Jewish culture and traditions to 12 Jewish children at Mogilev's state-run Kindergarten No. 72. She is accused of "illegal and deliberate dissemination of religious dogma to young children, which could cause considerable harm to their world view, rights and legal interests." Belarussian Public Prosecutor Sergei Kopytov said Izakson-Bolotovskaya said the teacher's conduct violates the country's 2002 Religion Law which prohibits activity by religious organizations in educational institutions. Belarus is attempting to limit religious activity to existing houses of worship. (See prior related posting.)

New York Investigation Into "Christian Skate Time" Dropped

Last week, the New York Division of Human Rights dropped its inquiry into Christian Music Skate Time at an Accord, New York skating rink. (See prior posting.) The Middletown (NY)Times Herald-Record reported last week that the investigation, which had garnered national attention, was dropped after the rink explained that the skating events were open to everyone, but merely featured Christian music. Also, the rink changed the advertised name from "Christian Skate" to "spiritual skate". [Thanks to Media Law Prof Blog for the information.]

Air Force Flag Script Secularized

The Las Vegas Review-Journal today reports on a little-noticed change by the U.S. Air Force in its unofficial script that had been traditionally read at some flag folding ceremonies, attaching meaning to each of the 13 folds. The original script, written by an anonymous Air Forces Academy chaplain in the 1980's included these two lines: "The 11th fold, in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Isaac, and Jacob. The 12th fold, in the eyes of a Christian citizen, represents an emblem of eternity and glorifies, in their eyes, God the Father, the Son, and Holy Ghost." In January of this year, the Air Force revised its Honor Guard Manual to include a new script for flag folding ceremonies that is an historical account of the flag, with no religious references in it. Traditionally the scripts are not read at funerals, but are sometimes read at other ceremonies such as retirements and other special occasions.

U.S. Supreme Court Justice Delays Mt. Soledad Cross Order

Today' Los Angeles Times reports that on Monday the U.S. Supreme Court gave San Diego, California officials a reprieve from a federal court order to remove the Mt. Soledad Cross or else pay a $5000 per day fine. Associate Justice Anthony Kennedy ordered a delay until he or the entire court issues a further order. The city claims the cross is a war memorial, and thus does not violate the Establishment Clause. Prof. Carl Tobias of the University of Richmond said Kennedy's order is "fairly typical'' when justices want some time to further review an issue. (See prior posting.)

For Independence Day-- Religion and America's Founders

The July 4 holiday has brought a spate of articles on the religious views of America's founders. Here is one from the Macon (GA) Telegraph focusing on an interview with John Thomas Scott, a Mercer University professor of early American history and religion. Here is an article from uuworld.org on the views of John Adams and Thomas Jefferson that argues "Theologically, the second and third U.S. presidents were Unitarians." SFGate.com carries an interview with David L. Holmes, professor of religious studies at the College of William and Mary, and author of The Faiths of the Founding Fathers. Finally, here is a link to "State of Belief," The Interfaith Alliance Foundation's show on Air America Radio, which this Sunday discussed with four authors why the separation of church and state was important to America's founders.

Atheist Acquitted In Assault Case

A press release issued last week by American Atheists reports on the acquittal of Chester (Chuck) Smalkowski by a Guymon, Oklahoma jury. Smalkowski, an atheist, was charged with criminal assault after an altercation between him and Lloyd Buckley, his daughter's high school principal. Apparently the daughter, Nicole Smalkowski, was removed from the girls' basketball team after refusing to stand in a circle with her teammates on the gymnasium floor of the Hardesty High School and recite the "Lord's Prayer." False statements about the girl were apparently used as the basis for removal. The fight between the two men broke out when Smalkowski went to accused the principal of lying about Nicole. During voir dire, defense counsel had to explain to some of the potential jurors what an "atheist" is, in order to get an accurate answer to questions about possible bias.

Arguments In Malaysia's Federal Court In "Lina Joy" Case

The Malaysian news site Sun2Surf today has an extensive account of the arguments in Malaysia's Federal Court in the Lina Joy case. Joy converted from Islam to Christianity and wants the word "Islam" removed from her identity card, but the National Registration Department insists that she first furnish an apostasy certificate from the Sharia Court. (See prior posting.) During oral argument, the Chief Justice asked the lawyer for the Federal Territories Religious Council, Sulaiman Abdullah, why it is not discriminatory to require religion on the identity car of Muslims, but not of non-Muslims. Abdullah responded: "It is a useful provision and serves as a practical process like identifying a person's religion at death, the collection of zakat (tithes), for marriage purposes, for identification during the fasting month and so on." The case has attracted an unusual amount of attention in the United States because the American group, The Becket Fund, is heavily involved in the representation of Ms. Joy in the case, and has written a memo for Malaysian counsel analyzing the international and comparative law issues involved.

UPDATE: On July 4, Bernama reported additional details of oral arguments in the case and said that the Court will deliver its decision as quickly as possible.

Another Priest Attacked In Turkey

The Christian Post via AP reported the third attack against a Catholic priest since February in Turkey. The French priest, 74 year old Pierre Brunissen, was injured in the hip and leg and rushed to a hospital Sunday. A 16-year-old is currently being tried for the February killing of the Rev. Andrea Santoro, who was shot twice in the back after his attacker shouted "Allahu Akbar!" — Arabic for "God is great!"..

Court-Appointed Trustee For FLDS Properties Makes Progress

Today's Arizona Republic chronicles the progress that has been made by Bruce Wisan who was appointed by a Utah judge last summer to oversee the $120 million in assets of the Fundamentalist Church of Jesus Christ of Latter Day Saints. He has begun to privatize the land that had long been controlled communally by FLDS leaders. The land had been held by the United Effort Plan, a communal trust based on the frontier Mormon concept of an order in which workers donate their labor to a common fund to benefit all living in the community. Wisan also has sued the FLDS church for losses to the trust. Meanwhile a large FLDS temple has been built by the polygamous sect near Eldorado, Texas, and many from the twin cities of Colorado City, Ariz., and Hildale, Utah are apparently moving there.

USIP Urges US Support of "Islamic Renewal"

Yesterday's Morocco Times covered a special report by Abdeslam Maghraoui issued recently by the United States Institute of Peace (USIP) in Washington. The report argues that the only way for the U.S. to effectively counter Islamic extremism is to back "Islamic Renewal", a growing social, political, and intellectual movement whose goal is a deep reform of Muslim societies and policies. The USIP is an independent, nonpartisan institution established and funded by Congress. Here is the USIP's summary of the report and a link to the full text of the document titled American Foreign Policy and Islamic Renewal.

Israeli Government Suspends Welcome For Bnei Menashe

The Israeli government has temporarily halted the immigration to Israel of the Bnei Menashe, a group of about 7000 individuals living in India who claim descent from Jews exiled before the destruction of the First Temple, and who still live as Jews according to the Old Testament. Yesterday the Jerusalem Post reported that the government is halting all conversion activity among the group in India while an inter-ministerial committee reviews its policy toward those who have not completed the conversion process. 216 Bnei Menashe in India have already completed conversion and are awaiting transport to Israel. The problem began in 2003 when then new Interior Minister Avraham Poraz of Shinui stopped the group's immigration claiming that they were only coming for economic reasons, and that their supporters in Israel merely wanted them to come to help populate areas outside the Green Line.

New Scholarly Articles On Church-State Issues

From SSRN:
Josh Chafetz, Social Reproduction and Religious Reproduction: A Democratic-Communitarian Analysis of the Yoder Problem, (forthcoming 15 William & Mary Bill of Rights Journal (2006)).

From BePress:
Christian M. Keiner, Preaching from the State’s Podium: What Speech Is Proselytizing Prohibited by the Establishment Clause? (June 2006).

From SmartCILP:
Naz K. Modirzadeh, Taking Islamic Law Seriously: INGOs and the Battle for Muslim Hearts and Minds, 19 Harvard Human Rights Journal 191-233 (2006).

Andrew Koppelman, Is It Fair To Give Religion Special Treatment?, 2006 University of Illinois Law Review 571-603.

Defamation Claim Against Church and Minister Dismissed

In Trice v. Burress, Okl. Ct. Civ. App., June 27, 2006), an Oklahoma appellate court upheld the dismissal of a defamation claim that had been brought against Wesley United Methodist Church of Shawnee, Oklahoma and its senior minister by Todd Trice, former youth director of the church, who had been terminated from his position. Trice alleged that the church's senior minister had told a church member that Trice had been dismissed because he was questioning his sexuality. The court held that adjudicating the claim would involve an impermissible inquiry into church disciplinary matters, barred by the First Amendment. It also held that there is a qualified privilege for statements between church officers or members about the conduct of other officers or members, as matters affecting a common interest or purpose.

Church Challenges Denial Of Permit For Music Festival

The Pittsburgh, Pennsylvania Tribune-Review reported Saturday that a suit has been filed in federal district court in Pittsburgh by William D. Pritts, founder of the Church of Universal Love and Music (CULM). He alleges that Fayette County officials infringed his First Amendment free exercise rights last year when they denied his request for a special-exception permit to conduct nondenominational, interfaith services on his agricultural property in Bullskin Township. The county zoning board said that Pritts was operating a music business, not a church. Neighbors have complained for five years about the noise and traffic from day-long summer funk, jazz and rock concerts featuring well-known musicians on Pritts' 147-acre property. The complaint in the lawsuit alleges: "Defendants have chosen an overbroad prohibition of CULM from holding further events of any type, religious or commercial at the facility that places the maximum burden on CULM's religious exercise, despite the availability of several alternatives that do not burden the CULM's religious exercise."

Human Rights Groups Call For Repeal of Pakistan's Hudood Laws

In Pakistan, according to Saturday's AsiaNews.it, a group of eleven human rights organizations have called for repeal of the Hudood ordinances that were originally adopted in 1979 based on strict Islamic law. The laws relate to property rights, and to adultery and rape. Under the ordinances, a woman who is a victim of rape must bring before an Islamic court the testimony of four adult Muslim males who witnessed the act and can testify the act was carried out using violence. If the victim is unable to produce these witnesses, she may find herself accused of adultery. Also the laws prohibit non-Muslims from being witnesses or judges in these trials. The groups say this provision violates Pakistan's constitutional guarantee of equal rights regardless of sex, religion, race or creed.

Texas Group Seeks To Keep Churches Out Of Politics

Last Thursday, according to the Sherman Texas Herald Democrat, the 600-member Texas Faith Network launched a campaign to get religious leaders to sign a pledge to refrain form endorsing candidates or political parties, and avoid involving their congregations with partisan campaigns. Rev. Samuel Hose of St. John Vianney Catholic Church in Round Rock, Texas said: "Dragging churches into partisan politics endangers the integrity of our houses of worship and is disrespectful of the faith and beliefs of all congregants."

Washington School Head Sued Over Veto Of Graduation Music Selection

Today' Seattle Times reports on another battle over high school graduation ceremonies. It has been a tradition at Henry M. Jackson High School in Mill Creek, Washington, for the seniors in the wind ensemble to select a favorite selection for the ensemble to play during commencement. This year they chose Ave Maria, which they had performed at a school concert in December 2004. However, Superintendent Carol Whitehead vetoed the selection as too religious for commencement ceremonies. So, at her mother's suggestion, Kathryn Nurre, an 18-year-old who played alto saxophone in the ensemble, filed suit in federal district court, with the assistance of the Rutherford Institute. (Release) "It was our graduation and it was our choice to pick the piece, and we didn't think they should be able to tell us we couldn't," said Nurre. Her mother added that the students were not attempting to make a religious statement in selecting the piece.

Bundestag Approves First Anti-Discrimination Bill

Expatica reports that on Thursday, the Bundestag, the lower house of Germany's Parliament, for the first time approved a German anti-discrimination law that bans any form of discrimination based on religion, as well as discrimination based on race, ethnic background, sex, sexual identity, age or handicap. Last minute changes eliminated from the act's coverage most firings of employees after business expressed fear that there would be a rush of lawsuits. Also excluded from coverage are landlords who rent out fewer than 50 units. The law is expected to be approved by the Bundesrat, Parliament's upper house, on July 7.

Recent Prisoner Free Exercise Cases

In Thomas v. Condit, 2006 U.S. Dist. LEXIS 43019 (WD NC, June 13, 2006), a North Carolina federal court dismissed First Amendment and RLIUPA claims of a Jewish prisoner who was given a Passover meal on the wrong date because of an error in the Director of Prison's memo on holidays. The court also dismissed the prisoner's complaint that he was not permitted to attend a Christian Bible class, finding that this did not substantially burden the religious rights of a Jewish inmate. Finally the court dismissed the claim that the prisoner did not receive a non-pork meal after fasting all day on Yom Kippur because the prison chaplain, who apologized for the mix-up, did not follow up on the original request for the meal. The court found that eating after fasting is not part of the religious requirements of Yom Kippur.

In Thompson v. Hooper, 2006 U.S. Dist. LEXIS 43822 (D. Kan., June 27, 2006), a Kansas federal court refused to reconsider a previous judgment against Tremain Thompson in his suit alleging deprivation of his free exercise rights by prison officials. Thompson wanted to demonstrate that he was wrongly housed in a restricted pod of the jail. The court said that this would be irrelevant since in its prior determination, it found that Thompson was able to adequately exercise his religion in that restricted environment.

A New York trial court upheld the policy of the Sullivan Correctional Facility on accommodating Muslim worship. SCF provided Shi'ite Muslims with separate religious instructional classes during the week, but the Friday Jumah Service combined Shi'ite and Sunni Muslims. In Matter of Holman v. Goord, (Sup. Ct. Sullivan Co., June 29, 2006), the court rejected plaintiff's request for separate Shi'ite services.

In Blount v. Fleming, 2006 U.S. Dist. LEXIS 44413 (WD Va., June 29, 2006), a Virginia federal Magistrate Judge recommended a finding that prison authorities' denial of an inmate's request to receive the common fare diet substantially burdened the inmate's free exercise of religion in violation of RLUIPA and the First Amendment. The inmate held a sincere belief in the House of Yahweh. However the Magistrate also found that the former head of the prison's Religious diet Committee was entitled to good faith qualified immunity in the claims filed against him personally.