10th Circuit Dismisses Challenge To Polygamy Laws On Standing Grounds

In Bronson v. Swensen, (10th Cir., Aug. 29, 2007), the U.S. 10th Circuit Court of Appeals dismissed on jurisdictional and procedural grounds a constitutional challenge to Utah's polygamy laws. After a Salt Lake County, Utah Clerk of Courts refused to issue a marriage license for a polygamous marriage, the couple, along with the husband's existing first wife, filed suit claiming that the denial violated their free exercise, associational and substantive due process rights. The court, however, held that plaintiffs failed to adequately raise a challenge to Utah's civil polygamy statutes, and that they lacked standing to challenge the state's criminal prohibitions on polygamy. Among other reasons for a lack of standing, the court held that the state's current policy of not enforcing its criminal laws against polygamy removed any credible threat of prosecution in the future. Today's Salt Lake Tribune reported on the decision.

New Jersey Rabbi Claims Unconstitutional Surveillance

A release from the Rutherford Institute says it has filed suit in a New Jersey federal district court on behalf of a Chabad Lubavitch rabbi who claims that police are conducting illegal surveillance of his home in retaliation for his filing a RLUIPA claim against the Township of Freehold. Rabbi Avrom Bernstein lives in an area zoned only for residential dwellings. On the Sabbath and certain holidays, Rabbi Bernstein and guests he invites hold worship services in the rabbi's living room. Earlier this year, the Township notified Bernstein that these gatherings violated zoning rules, and issued a summons charging him with illegally operating a house of worship. Bernstein responded with a state court lawsuit challenging the constitutionality of the Township's actions. Then, allegedly in retaliation, the Township set up a camera across from Bernstein's home to monitor the number of individuals who visit for Sabbath and holidays. The suit claims that the surveillance has chilled the free exercise rights of Bernstein and his guests, has impaired the use of property and interferes with Bernstein's access to the courts.

Wiccan Widow Not Invited To President's Meeting With Soldiers' Families;[Update- Bush Apologizes]

On Tuesday, President George W. Bush was in Nevada to address the American Legion Convention (full text of speech). While he was there, he met with family members of soldiers from northern Nevada who had been killed in battle. Yesterday's Las Vegas Review-Journal reports that one relative was conspicuously not invited to the meeting. Roberta Stewart, whose husband was killed when his helicopter was shot down in Afghanistan in 2005, was not asked to attend, even though her husband's parents and brother were. Roberta and her late husband Sgt. Patrick Stewart were Wiccans, and Roberta has battled for the right to display the Wiccan pentacle on Sgt. Stewart's memorial marker in the Northern Nevada Veterans Memorial Cemetery. (See prior posting.)

Americans United for Separation of Church and State criticized Roberta Stewart's exclusion, saying: "President Bush seems to be continuing a pattern of hostility toward the Wiccan faith. That’s an outrage. America is a nation of great religious diversity, and all public officials, especially the president, have an obligation to serve all of the people. Our Constitution mandates equal treatment of all faiths." (AU Release.)

UPDATE: On Thursday, President Bush phoned Roberta Stewart and apologized for failing to invite her to the meeting with veterans' families. He offered her his condolences and said that he would not discriminate against someone because of their religion. (AU Release.)

Sabbatical Year Approaching In Israel Poses Legal and Agricultural Issues

In two weeks the Jewish New Year of 5768 begins. In Israel, that prospect is posing unique legal and religious problems since that year will be a sabbatical year during which traditional Jewish law requires that land in Israel owned by Jews lay fallow. Over the years, a number of rabbis developed a legal fiction that allowed crops to continue to be grown. Farms in Israel were symbolically "sold" to non-Jews, usually Druze citizens, and then at the end of the year, were "sold" back to their former owners. Yesterday, both Haaretz and the Forward reported that increasingly ultra-Orthodox ("Haredi") rabbis are rejecting this loophole, and are insisting that the government help them enforce a stricter reading of Jewish law.

Earlier this month, the director-general of the Jerusalem Religious Council said that only produce that complies with the stricter interpretation should be marketed, and specified two wholesalers-- chosen without formal competition-- who would be certified as selling complying produce. Three petitions challenging that method of selecting the wholesalers have been filed with the High Court of Justice. Yerachmiel Goldin, supervisor of sabbatical year issues in the Ministry of Agriculture, believes that the High Court of Justice may instruct the rabbinate of Jerusalem and other towns to accept produce cultivated under the more liberal rules.

In past sabbatical years, the Haredi community has solved the problem by purchasing produce grown by Palestinians and crops exported from Cyprus. Leaders of one Haredi group now want the Israeli army to provide security for kosher supervisors sent to Palestinian farms in the West Bank. Other options include Jewish farmers growing crops using a method in which produce is planted on detached beds having no contact with the ground, and using crops grown in areas such as the southern Arava that are not defined by traditional Jewish law as being in the area subject to sabbatical restrictions.

RLUIPA Suit Filed By Yeshiva Against NJ Town

On Monday, a federal lawsuit was filed by a synagogue and yeshiva against the borough of Roosevelt, New Jersey, its Planning and Zoning Board and others. The lawsuit claims that defendants violated RLUIPA by undertaking a systematic campaign to prevent Yeshiva Me'on Hatoraha from being housed at Anshei Roosevelt synagogue. Apparently the borough's former mayor, Neil Marko, was removed in a recall election after it was alleged that he had a conflict of interest in representing the borough in connection with matters relating to the yeshiva.The Allentown (NJ) Examiner today says that Joshua Pruzansky, executive vice president of the yeshiva said that in addition to raising legal hurdles, "opponents of the yeshiva have also used disparaging language in describing the lifestyle of Orthodox Jews, argued that the yeshiva would take properties off the tax roll, and claimed that the yeshiva faculty and families would harm the local public school."

South Korea Gets Hostage Release; Pledges End To Missionaries In Afghanistan

In Afghanistan today, Taliban militants released 8 of the remaining 19 Christian volunteers that they had kidnapped an held as hostages since July 19. The International Herald Tribune reports that as part of the deal, South Korea has agreed to prevent South Korean churches from engaging in evangelical activities in Afghanistan. South Korean church groups said they will go along with the agreement. South Korea will also withdraw its 200 troops from Afghanistan by year's end, as it had already planned to do.

Court Refuses To Enjoin New Texas Pledge Containing "Under God"

A Texas federal district judge on Tuesday refused to issue a temporary injunction to stop schools from reciting the newly modified Texas pledge of allegiance which for the first time contains the phrase "one state under God". (See prior posting.). According to the Fort Worth Star-Telegram, Judge Ed Kinkeade said that parents David and Shannon Croft did not show that they would show irreparable injury if the preliminary injunction was not granted. (Croft v. Perry, ND TX, Aug. 28, 2007). Texas attorney general Greg Abbott issued a release welcoming the ruling, saying: "the Texas Pledge is an acknowledgment of patriotism and citizenship." The Attorney General's brief in the case is available online.

New DHS Rules Let Screeners Search Sikhs' Turbans For Explosives

The United Sikh Coalition has complained to the U.S. Department of Homeland Security about a newly implemented policy at airports that gives screeners discretion to ask Sikhs to remove their turbans for a security search, even if the wearer has not set off a metal detector. Authorities are concerned about detecting plastic explosives. The Argus (Alameda County, CA) reports today that the new DHS rules took effect Aug. 4, and are seen by Sikhs as racial profiling, even though screeners are also permitted to search travelers wearing cowboy hats or straw hats. Sikhs say that turbans do not lend themselves to hiding of explosive devices anymore than do skullcaps worn by Orthodox Jews-- a head covering that is not on the list of those that can be examined. The Sikh faith only permits the turban to be removed at home or in private.

Court Refuses To Dismiss Christian Student Group's Claim Against University

Last week a Georgia federal district court refused to dismiss claims brought by a Christian student group against Savannah State University. (ADF Press Release.) In Commissioned II Love v. Yarbrough, (SD GA, Aug. 24, 2007), the court refused to dismiss claims by Commissioned II Love (C2L) and its president that their right to assemble and their right to intimate association were infringed when the group was suspended, and then was expelled, from operating. The University charged that the group violated Code of Student Ethics rules against hazing and harassment. Those charges were filed after a student petition claimed that C2L badgered members of fraternities and sororities to accept Jesus, and that at a retreat current members would wash the feet of new members as a symbol of Jesus' washing of his apostles' feet. (See prior posting.) The court however dismissed individual claims by student members of C2L, finding that expulsion of C2L did not affect their individual rights to assemble and pray together.

Illinois Governor Vetoes School Moment of Silence Mandate

The Associated Press reported on Tuesday that Illinois Governor Rod Blagojevich has vetoed SB 1463, an amendment to the Silent Reflection and Student Prayer Act that would have required public school teachers to open each school day with a moment of silence. Current law gives teachers an option of whether or not to use a moment of silence. In his veto message, Blagojevitch said that mandating a moment of silence would be unconstitutional. The bill passed both houses earlier this summer by majorities that are large enough to override Blagojevich's veto.

US Military Apologizes To Afghans For Religious Offense Caused By Soccer Balls

In Afghanistan, the U.S. military has apologized for the unintended religious insult it caused when it distributed soccer balls to children in Khost province. Monday's International Herald Tribune reports that at least one of the balls-- made in China and purchased in a market in Kabul-- carried the picture of the flag of Saudi Arabia. That flag features in Arabic the Shahada (Muslim declaration of faith): "There is no god but Allah; and Muhammad is the Messenger of Allah". Villagers were upset because they found it disrespectful and deeply offensive to kick a ball that contains a verse from the Quran, the name of Allah or of his prophet. [Thanks to Matthew Caplan for the lead.]

Anti-Semitic and Nazi Clips On YouTube Trigger Legal Questions

The growing use of YouTube to disseminate anti-Semitic and neo-Nazi videos is raising legal questions around the world. In Columbus, Ohio on Tuesday the police department began an internal investigation into police officer Susan L. Purtee's involvement in making of a number of videos criticizing Jews, blacks and immigrants. (Columbus Dispatch.) The videos, made by Purtee and her sister, were originally placed on their own website. Some ended up on You Tube, including a ten-minute anti-Semitic clip titled "The Jews". (Columbus Dispatch 2.)

Meanwhile, in Germany the country's neo-Nazi party was until recently using You Tube to broadcast its own anti-Semitic edition of the news. Videos of Nazi rallies and neo-Nazi rock bands were also posted there. In response, Germany's Interior Ministry has encouraged people to file suit against YouTube under the country's laws that ban neo-Nazi propaganda in the country. YNet News reported yesterday that Google, which owns you Tube, has said it will examine whether the videos violate its policy against "malicious use of stereotypes designed to attack or humiliate gender, sexual tendency, race, religion or nationality".

Turkey Elects Gul As President Despite Concerns About Preserving Secularism

Turkey's Parliament today elected Foreign Minister Abdullah Gul to be the country's next president, according to a report by the AP. Gul's candidacy has been controversial because he is a devout Muslim in a country that was founded on the principle of secularism. (See prior posting.) Gul's wife wears an Islamic-style headscarf, even though Turkish law bans them in government offices and schools. On Monday, just before the election, the Turkish army issued a statement warning against those who would undermine Turkey's democratic and secular status. (Reuters.) Upon assuming office, Gul also defended Turkey's secular tradition, saying: "Secularism -- one of the main principles of our republic -- is a precondition for social peace as much as it is a liberating model for different lifestyles."

UPDATE: Today's Zaman runs the full text of Gul's inaugural speech to Parliament.

Pakistani Police Sued Over Failure To Locate Girls Allegedly Forced To Convert

In Pakistan, lawyers have filed suit against the police in the Punjab city of Faisalabad, claiming that authorities are stalling efforts to locate two Christian girls-- age 11 and 16-- who disappeared after they allegedly were forced to marry and convert to Islam. BosNewsLife yesterday reported that these disappearances are part of a larger pattern of kidnappings of Christians, threats against Christians if they do not convert and attacks against churches. The All Pakistan Minorities Alliance, however, said that it was encouraged that there is growing concern over Muslim extremism and the growing influence of the Taliban.

9th Circuit: Forest Service Ban On Rock Climbing OK Under Establishment Clause

In The Access Fund v. United States Department of Agriculture, (9th Cir., Aug. 27, 2007), the U.S. 9th Circuit Court of Appeals upheld a decision by the U.S. Forest Service to ban recreational rock climbing on Cave Rock, a large rock formation on the eastern shore of Lake Tahoe in Nevada. Cave Rock is a sacred site for the Washoe Indian tribe, and the Washoes consider rock climbing to be a desecration of the site. Plaintiff, a climbing advocacy group, argued that the Forest Service's decision violated the Establishment Clause. The court, however, disagreed, finding that the Forest Service had a secular purpose in banning rock climbing-- the preservation of an historic cultural area. It also held that "the climbing ban cannot be fairly perceived as an endorsement of Washoe religious practices." Judge Wallace concurred, but said he did not believe that the Lemon test should be used to decide the case. The AP yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]

2006 Graduation Leads To New Lawsuit On Student Religious Speech Rights

Liberty Counsel announced that yesterday it filed suit in federal court against Lewis Palmer School District in Monument, Colorado to challenge actions taken over a year ago at a district high school's 2006 graduation. At the graduation, 15 students co-wrote a speech, and each person delivered 30 seconds of it. Erica Corder's portion consisted of testimony about her faith in Jesus and a plea for others to learn more about Jesus. The content of her presentation came as a surprise to the principal, since it differed from the draft that Corder had submitted in advance. The principal required Corder to compose an apology which was e-mailed to the entire high school community. (See prior posting.) Corder says that since the 2006 graduation, the school has continued to portray her publicly as a student whose mention of Jesus was improper. Her suit was filed after the school board failed to respond to Corder's request for an apology and for a change in school policy to ensure that no future free speech violations occur. Citizen Link also reports on the lawsuit.

Italian Catholic Church May Renegotiate Its Tax Benefits

Under pressure from the European Commission and Italy's government, a Vatican spokesman has said that the Italian Catholic Church is willing to "revisit" the issue of the benefits it receives from tax exemptions and from government payments. Today's Guardian reports that renegotiation of the 1984 version of the Concordat between the Vatican and Italian government is needed because the Italian treasury loses 1.3 billion Euros each year from a combination of the Church's receipt of income tax monies, its exemption from most local property taxes, and the reduced tax rate on its business activities (schools, hospitals, clinics and hotels). The EU has suggested that the Church's tax treatment in Italy may pose unfair business competition issues.

UPDATE: BNA Daily Tax RealTime reported on Aug 28: "The European Commission has taken the first steps toward a possible official illegal state aid case against Italy and the Catholic Church by requesting that Italian government authorities provide information about a range of tax breaks the Vatican receives for various economic activities."

Thomas More Law Center Joins As Co-Counsel Opposing NY Arabic School

The Thomas More Law Center announced yesterday that it will act as co-counsel in a pending Freedom of Information Act case seeking more information about New York City's new Khalil Gibran International Academy (KGIA). The controversial KGIA-- opening this year in Brooklyn-- is a specialized middle and high school focusing on Arab language and culture. (See prior posting.) In announcing the Thomas More Law Center's involvement, its President and Chief Counsel Richard Thompson leveled a series of broad accusations at the new school:

KGIA is a Trojan Horse New York City is building for radical Islam with taxpayer money. That the Quran calls for Muslims to subjugate the world, especially Christians and Jews, is a fact that anyone can look up. New York City School Chancellor, Joel Klein, who is aggressively promoting this Islamic school, is the same person who refused to allow two Christian students, a second and a fourth grader, to display a nativity scene during Christmas—another example of how political correctness is leading to a malicious double standard when it comes to religious expression in public schools.

Israeli Rabbi Says Soldiers Died Because They Were Not Religiously Observant

In Israel, Rabbi Ovadia Yosef, spiritual leader of the Shas party and former Chief Rabbi, stirred controversy when, in a sermon broadcast on Monday, he said that Israeli soldiers were killed in last year's Lebanon War because they were not religiously observant. BBC News says that Yosef's remarks have been criticized not just by secular Israelis, but also by Eli Ben-Shem, head of Yad Labanim, a group representing fallen Israeli soldiers, who said Yosef's remarks were particularly hurtful to religious families whose children had been killed.

Recent Scholarly Articles On Law and Religion

From SSRN:

• Robert A. Kahn, Why There Was No Cartoon Controversy in the United States, (U of St. Thomas Legal Studies Research Paper No. 07-28, 2007).
  
• Charles J. Reid, Marriage: Its Relationship to Religion, Law, and the State , (Jurist, Vol. 68, 2008).

From SmartCILP (and not previously reported from SSRN of Bepress):

• Amanda Harmon Cooley, God and Country: The Dangerous Intersection of Religion and Patriotism in the First Term of the George W. Bush Administration, 16 Kansas Journal of Law & Public Policy 157-173 (2006-2007).
  
• Symposium: For All the Saints: How the Lives of Extraordinary Catholics Can Shed Light on the Ordinary Practice of Law, 46 Journal of Catholic Legal Studies 1-63 (2007).
  
• Gerald J. Russello, Catholic Social Thought and the Large Multinational Corporation, 46 Journal of Catholic Legal Studies 107-135 (2007).