Pakistan Province Again Tries To Enact Hisbah Bill

Yesterday, the Regional Assembly of Pakistan's North-West Frontier Province (NWFP) passed the controversial "Hisbah (Hasba)" or "Accountability" Bill creating an Islamic official, called a Mohtasib, to enforce Islamic values and etiquette. The bill also creates a "Hisbah Force", a corps of Islamic morality police, who operate under the direction of the Mohtasib. Spero News yesterday carried an excellent article on the tortuous history of the bill in the NWFP, and on the bill's provisions. Parts of a nearly identical bill passed last July were declared unconstitutional by Pakistan's Supreme Court. However, members of the Muttahida Majlis-e-Amal, a coalition of six Islamist parties, passed the bill again, angered over the bombing of an Islamic seminary last month.

Article 23 of the bill gives extensive jurisdiction to the Mohtasib's office. For example, he is to discourage exhibition of extravagance; discourage beggary; discourage employment of under-age children; remove unnecessary delay in discharge of undisputed civil liabilities; prevent cruelty to animals; prevent misuse of loud-speakers and sectarian speeches; discourage un-Islamic and inhuman customs; check indecent behavior in public places including harassment of women; protect rights of minorities and the sanctity of their religious places; eliminate un-Islamic traditions affecting the rights of women, particularly Honor killings; monitor weights and measures; eliminate bribery; advise those found to be disobedient to their parents; and mediate among parties and tribes in matters pertaining to murders and similar crimes.

Spero News reports that Pakistan's President Pervez Musharraf is highly unlikely to permit the governor of NWFP to sign the Hisbah Bill.

UPDATE: Pakistan's Federal Information Minister, Mohammad Ali Durrani, said on Tuesday that the NWFP's Hasba (Hisba) bill would again be referred to the country's Supreme Court if it appears to violate constitutional standards. The bill faces particular opposition from Pakistan's Christian community. (Asia News.it).

UPDATE: On Wednesday, a petition was filed with Pakistan's Supreme Court by Maulvi Iqbal Haider, chairman of Awami Himayat Tehrik, asking the court to restrain the NWFP governor from assenting the recently-passed Hasba Bill. (DAWN).

Michigan Supreme Court Hears Argument On Scope of RLUIPA

Yesterday the Michigan Supreme Court heard oral arguments in Greater Bible Way Temple of Jackson v. City of Jackson, a case raising the question of whether a church can invoke the protections of the Religious Land Use and Institutionalized Persons Act when seeking rezoning of property in order to build an assisted living apartment complex. The Associated Press reports that the city of Jackson's attorney, Gerald Fisher, argued that building housing for the general public and charging rent is a commercial, not a religious, enterprise. However the church's attorney, Mark Koerner, argued that providing housing for the disabled and elderly is central to the church's religious mission. (See prior related posting.)

Court In India Holds Reconverted Dalit May Claim Benefits

India's Constitution, in order to break down the traditional caste system in the country, grants special benefits to so-called "Scheduled Castes", i.e. low caste Dalits . Some Hindu Dalits have converted to other faiths. (See prior posting.) Asia News reports yesterday that the Madras High Court has ruled that a Dalit born to Hindu parents who had converted to Christianity is entitled to quota benefits of Scheduled Castes if he reconverts to Hinduism. However, Dalits who remain Christian have no right to participate in these government job (and other) set-asides. (See prior related posting.) The ruling came in the case of R. Shankar, who challenged the Tamil Nadu Public Service Commission's rejection of his appointment as a civil judge under the Scheduled Caste quota.

Brits Again Consider Religious Hate Laws In Wake of Griffin Acquittal

Last week in Britain, a jury in Leeds acquitted right-wing British National Party leader Nick Griffin of stirring up racial hatred. (BBC News.) At issue was a speech Griffin delivered in 2004 attacking Islam. Under the law as it existed at that time, stirring up racial hatred was a crime, but stirring up religious hatred was not. Griffin argued that his speech was aimed at Islam, and not at Asians as the government charged. (IC Wales.) Earlier this year, British law was amended to include stirring up religious hatred. However, it was watered down from the original proposal. It requires intentional conduct and merely abusive or insulting remarks are not covered. (See prior posting.) Now however, in the wake of the Griffin acquittal, some members of the government are suggesting that Parliament take another look at strengthening the religious hatred provisions. (BBC News.)

Texas Apache Holy Man Will Challenge Eagle Feather Restrictions

Today's Houston Chronicle reports on the difficulties being faced by Lipan Apache holy man Robert Soto who has been cited for possessing eagle feathers in violation of the Bald and Golden Eagle Protection Act. Since his tribe is not recognized by the federal government, he cannot legally obtain eagle feathers to use in ceremonies for his two Native American congregations. Fish and Wildlife Service Agents became suspicious when they saw an ad for a March 11 powwow. They showed up and charged Soto and his brother-in-law with illegal possession of golden eagle feathers. Soto's brother-in-law paid a $500 fine for wearing eagle feathers owned by Soto. Soto though plans to challenge the law, claiming that it infringes his religious freedom. Meanwhile he has been relegated to using turkey feathers at powwow ceremonies.

Israel's High Court Tells Prime Minister To Clarify Approach On Reform Conversions

YNet News reports that a 9-judge panel of Israel's High Court of Justice yesterday gave the Prime Minister one month to present a clear consolidated proposal for structuring a committee to examine recognition of non-Orthodox conversions to Judaism in Israel. The case was originally filed by the Israel Religious Action Center of the Reform Jewish movement. In response, the government announced the appointment of a committee headed by Prof. Yaakov Ne'eman to deal with the issue. But Supreme Court President Dorit Beinish said the announcement was vague and not serious, and so she issued yesterday's order.

This Week's Prisoner Free Exercise Cases

In Derby v. Worsham, 2006 U.S. Dist. LEXIS 81216 (ED MO, Nov. 6, 2006), a Missouri federal district court permitted a Wiccan prisoner to proceed with his claim that his free exercise rights were infringed when prison officials confiscated black candles and other ritual items, saying they were used in "darker worship styles".

In Modena v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 81205 (D MN, Nov. 3, 2006), a Minnesota federal district court rejected a prisoner's claim that federal law requiring the collection of a DNA sample from federal prisoners violates his right to the free exercise of religion.

In Fayson v. Earle, 2006 U.S. Dist. LEXIS 81567 (D DE, Nov. 7, 2006), a Delaware federal district court permitted a Muslim prisoner to proceed with her claim under the First Amendment and RLUIPA that she had been denied a Halal diet. However it granted summary judgment to defendants on plaintiff's free exercise, equal protection and RLUIPA claims that Muslims were denied adequate access to religious services and instruction.

In Miniero v. Craven, 2006 U.S. Dist. LEXIS 82315 (D ID, Nov. 9, 2006), a prisoner claimed that he was unlawfully required him to complete a religious-oriented rehabilitation program in order to be considered for parole. An Idaho federal district court denied the prisoner's request for a temporary restraining order, finding that plaintiff has now been offered the opportunity to participate in an alternative non-religious program.

In Borzych v. Frank, 2006 U.S. Dist. LEXIS 82289 (WD WI, Nov. 9, 2006), a prisoner who followed Odinism challenged the denial of his right to keep his Thor's Hammer emblem which he wore around his neck for spiritual protection. Prison authorities had banned the emblem because of its association with disruptive groups. A Wisconsin federal district court permitted plaintiff to proceed with his free exercise, RLUIPA and establishment clause claims challenging the prison's policy. It dismissed a number of other constitutional claims asserted by plaintiff.

Louisiana School Board's Litigation Fees Disclosed

2theadvocate.com today reports that the Tangipahoa Parish (Louisiana) School Board has spent $100,900 to fight two lawsuits against it. One challenged opening of school board meetings with prayer. (See prior posting.) The second was on behalf of a student teacher who claimed retaliation for reporting student prayer in elementary school classrooms. It is expected that part of the expenditures will be reimbursed by the school board's insurer. Anticipated net cost of the litigation to the school board will be $84,197. It will come from the board's self-insurance fund.

Recent Articles of Interest

From SSRN:

• Gregory A. Kalscheur, Moral Limits on Morals Legislation: Lessons for U.S. Constitutional Law from the Declaration on Religious Freedom, (Southern Calif. Interdisciplinary Law Jour., Vol. 16, Fall 2006).
  
• Timothy William Waters, Group Thinking: Antique Models of Community for Modern Religious Rights Regimes, (Oct. 31, 2006).
  
• Timothy William Waters, Reconsidering Dhimmah as a Model for a Modern Minority Rights Regime, (Oct. 31, 2006).

A revised version of Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations has been published by Practising Law Institute in Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2006.

Volume XXI, Number 2 (2005-2006) of the Journal of Law and Religion (Hamline University School of Law) has recently been published. It includes the proceedings from the American Association of Law Schools 2006 annual meeting on "Professional Responsibility and Religious Traditions", a "Law, Religion and Ethics Symposium", and other articles.

Recently published articles (in part from SmartCILP):

• Jamie Dycus, Lost Opportunity: Bush v. Holmes and the Application of State Constitutional Uniformity Clauses to School Voucher Schemes, 35 Journal of Law & Education 415-459 (2006).
  
• Vincent Phillip Munoz, The Original Meaning of the Establishment Clause and the Impossibility of Its Incorporation, 8 University of Pennsylvania Journal of Constitutional Law 585-639 (2006).
  
• Barak Medina, Enhancing Freedom of Religion Through Public Provision of Religious Services: The Israeli Experience, 39 Israel Law Review 127-157 (2006).
  
• The Role of Religion in Health Law and Policy Symposium. Foreword by William J. Winslade and Ronald A. Carson; articles by Janet L. Dolgin, Dena S. Davis, Leslie C. Griffin, Barbara A. Noah and Lawrence E. Singer. (Contents.), 6 Houston Journal of Health Law & Policy 245-377 (2006).
  
• Symposium: Law and Religion. Part Two of Two. Articles by Joan DelFattore, Richard F. Duncan, Steven G. Gey, Steven Goldberg, David A. Skeel, Jr. and William J. Stuntz. 8 University of Pennsylvania Journal of Constitutional Law 641-839 (2006).

Egyptian Court Protects Wearing of Niqab

Last week, an administrative court in Egypt ruled that Egypt's constitution protects the right of Muslim women to wear the niqab-- the veil that covers their entire face. AKI reported on Friday that Judge Abdel Qadeer Qandil, deputy president of the Council of State, signed a binding ruling on the issue holding that women wearing the niqab cannot be excluded entrance to buildings on that basis. American University in Cairo had asked for clarification on the issue. The University has banned women wearing the niqab from its library.

Government Files Appeal In Bald Eagle Protection Act Case

On Wednesday, federal prosecutors filed a notice of appeal to the U.S. 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. The Associated Press reported on the appeal, noting that the defendant could have been sentenced to up to a year in jail and a $100,000 fine for shooting a bald eagle for use in a tribal religious ceremony.

Maryland Prisons Will Offer Kosher Food

Maryland Governor Robert Erlich has approved a plan to serve kosher food in the state’s prisons to Jewish inmates requesting it, according to today’s Washington Jewish Week. About 200 of the state’s 26,000 prisoners are Jewish. The decision was made even though a federal judge last year ruled that the state did not have an obligation to serve kosher food, finding that the vegetarian diet that was available was a sufficient accommodation.

Comedian Loses In Suit Against Jews For Jesus

On Wednesday in Mason v. Jews for Jesus, Case No. 06 Civ. 6433 (RMB) (SDNY Nov. 8, 2006) [available on PACER- subscription needed], a New York federal district judge denied a preliminary injunction to comedian Jackie Mason who claims that Jews for Jesus misappropriated his image for advertising and trade purposes on a pamphlet it distributed seeking to convince Jews to accept Jesus as their savior. The suit was brought under New York's Civil Rights Act, Sec. 50-51 that protects the right to privacy. The court held that a reasonable reader of the pamphlet would not have thought that Mason endorses the views of Jews for Jesus. It held that newsworthy events or matters of public interest are not covered by the privacy statute, and that the distribution of the pamphlets was constitutionally protected speech. Yesterday WNBC reported on the decision.

Pedophile Priests Will Have Ohio Teacher Licenses Suspended

Today's Toledo Blade reports that Ohio's State Board of Education will revoke the teaching certificates of 5 current or former Catholic priests who have been disciplined by the Church for alleged child molestation. The priests were called to the attention of the Department of Education by a reporter when the Blade checked the names of priests publicly implicated in sex scandals with the Department of Education's online license database. The Board's usual monitoring and complaint mechanisms had failed to trigger suspensions earlier.

Rev. Moon Wins In German Constitutional Court

Today's International Herald Tribune reports the Rev. Sun Myung Moon and his wife have won a religious freedom challenge in Germany's Constitutional Court. German officials had denied visas to the couple in 1995 because they considered Moon's Unification Church to be a dangerous sect. A state court upheld the refusal in 2002, but yesterday Germany's highest court said that the government had not shown a threat to public safety, and the government had no right to impose its values on the religious group.

University of Wisconsin Sued By Catholic Group Over Recognition Requirements

Yesterday, the Roman Catholic Foundation at University of Wisconsin- Madison sued the university over its anti-discrimination policy that prohibits religious discrimination by recognized student groups. (Full text of complaint.) Only recognized groups have access to various university facilities and to grants from the University's student activity fees. Religious groups that wish to be recognized, in order to satisfy the non-discrimination requirements, must eliminate religious qualifications for its members and officers. The Foundation, represented by Alliance Defense Fund (release) claims that this violates various provisions of the First and Fourteenth amendments. (See prior posting.) Today's La Crosse Tribune reports on the lawsuit, which was filed in federal district court.

Challenge To Las Cruces Logo Rejected By Court

Yesterday in Weinbaum v. City of Las Cruces, New Mexico, (D NM, Nov. 9, 2006), a New Mexico federal district court dismissed an Establishment Clause challenge to the official symbol of the city of Las Cruces. Plaintiffs alleged that the city's adoption of the symbol, three crosses surrounded by a sunburst, amounted to an endorsement of religion. In a long opinion that extensively examines the Supreme Court's establishment clause jurisprudence, the history of the cross and of the city of Las Cruces, the court held that there is no indication that the city acted with a religious purpose in adopting and using its symbol. It found that "the Symbol
communicates the secular message that the City's name means 'The Crosses' and links the City to its historic roots." So "a reasonable observer of the Symbol would understand that the crosses represent, symbolically, this uniquely named geopolitical subdivision, rather than an endorsement of Christianity." Today's Las Cruces Sun-News reports on the decision.

Turkey Passes Religious Foundations Law, Partially Meeting EU Concerns

Turkey's Parliament yesterday passed the Religious Foundations Law that improves the rights of non-Muslim religious minorities in the country. Reuters reports that the European Union had pressed for Turkey to pass legislation, but this law still fails to provide compensation for religious groups whose property has been sold to third parties after being taken over by the state. Earlier this week, the European Union published a report that also called on Turkey to lift restrictions on the training of Christian clergy.

First Muslim Member Elected To U.S. Congress

The New York Times this morning reports that Muslims in the United States and overseas are applauding the election of the first Muslim member of the U.S. Congress. Keith Ellison, a Democrat, was elected to represent Minnesota's 5th district in the U.S. House of Representatives. The campaign had a religious element in it. Ellison's Republican opponent, Alan Fine (who is Jewish), said he was offended by Ellison's past support for Nation of Islam leader Louis Farrakhan. Ellison denied an link to Farrakhan, who is often seen as anti-Semitic. Ellison picked up the support of some Jewish groups in the campaign. Arab news reports say that Ellison will take the oath of office on the Koran.

UPDATE: Alan Fine tells me by e-mail that Ellison had the endorsement of only one Jewish organization, the American Jewish World newspaper.

Canada's Supreme Court Denies Review of Religious Mitigation Defense

The Supreme Court of Canada yesterday refused to hear the appeal of Adi Abdul Humaid, a devout Muslim, who claimed that his cultural and religious beliefs in "family honour"should be taken into account to give him a lighter sentence for stabbing his wife to death. The National Post today reports that Humaid's lawyer argued that his client was deprived of self-control by his wife's claim that she cheated on him-- a severe insult in the Muslim faith.