New Jersey Passes Bill Requiring Pharmacies To Fill All Prescriptions

New Jersey's legislature gave final approval on Monday to S 1195, a bill that requires pharmacies to fill requests for any medication or medical device despite any employee's "sincerely held moral, philosophical or religious beliefs." The Newark Star-Ledger , reporting on the bill's passage, says that it is a response to refusals by some pharmacists to fill prescriptions for birth-control pills and the "morning after" pill.

Military Hearing Officer Rejects Testimony of Monk About Islam

The Los Angeles Times reports that yesterday a preliminary hearing was held at Camp Pendleton, California to determine whether court martial proceedings should be instituted in the case of Lt. Col. Jeffrey Chessani, who is charged with failing to investigate the killing of 24 civilians in Haditha, Iraq. In an unusual evidentiary ruling, Hearing Officer Col. Christopher Conlin refused to permit a Benedictine monk testify about the Islamic religion on the ground that it could cause an adverse reaction among Iraqis when they learned of the testimony.

Complaint Against Church For Political Meddling Dismissed In Mexico

In Mexico on Saturday, the Interior Department dismissed a complaint that had been filed against the Catholic Church accusing it of illegally becoming involved in politics. The charges grew out of the Church's campaign against legalizing abortion in Mexico City. The Associated Press reported yesterday that, despite the dismissal, Church leaders are drawing up proposals to change the law that now bars priests from forming political associations or holding political meetings at churches. Armando Martinez, president of Mexico's Catholic Lawyers College, said that priests should be able to "fully express themselves politically" so long as they do not support political parties or run as candidates.

Czech Government Will Submit Anti-Discrimination Law To Parliament

The Prague Daily Monitor reported yesterday that the government of the Czech Republic has drafted an anti-discrimination law that will be submitted to Parliament. The law prohibits discrimination on the basis of religion (as well as sexual orientation, physical disability, language, political conviction, property, marital status or membership in a political party and trade union). The law was supposed to be adopted by last year as a condition of the Czech Republic's entry into the European Union in 2004. The country faces the possibility of large fines in the European Court for failing to yet adopt anti-discrimination provisions. Last year the Czech Senate defeated a proposed bill.

US Removes Religious Texts From Prison Chapel Libraries

A lawsuit filed by three inmates at a federal prison in Otisville, New York has exposed a new set of rules on religious texts in prison libraries. The Associated Press reported yesterday that the change stem from a 2004 review of how prisons choose Muslim religious service providers. That review grew out of concerns that Muslim inmates were being radicalized. The review led the Bureau of Prisons to conclude that prison chapel libraries were not being adequately supervised, and radical religious books might fall into the hands of violent inmates. The rules now limit prison libraries to between 100 and 150 titles for each religion. Many books previously in the libraries were removed-- Otisville inmates say 600 titles were withdrawn. The number of permitted religious books will be expanded when a new list is drawn up.

Sikhs To Take French Ban On Turban In License Photo To European Court

In France, the United Sikhs Association plans to appeal a December 2006 decision of of the Council of State to the European Court of Human Rights, according to an article yesterday in Expatica. The French government has refused to permit Shingara Mann Singh to wear a turban for a drivers license photo. A 2004 law prohibits wearing conspicuous religious signs in schools and in identity photos. The Council of State ruled that the requirement is not a restriction on freedom of religion, but instead is a security issue.

Changes In the Offing For A NC District's Bible History Course

The Wilmington, North Carolina Star-News carried an interesting article on Sunday describing the popular "Bible History II- New Testament" course currently offered in Pender County (NC) high schools. A minister teaching the course at Topsail High School engages the class in enjoyable competition through a game of Bible Baffle Trivia. Pender County Superintendent Ted Kaniuka is planning to make changes in the courses for next year to avoid parent complaints about proselytization. He said, "we had to make sure the curriculum was not promoting any one religion, and that's tricky because it's difficult to present Jesus' miracles in a secular way." The school board decided to review the courses after determining that current teachers-- who are generally local ministers-- are not licensed teachers and are not paid by the school system.

Egyptian Court Refuses To Disqualify Candidates For Using Religious References

Egypt's Supreme Administrative court on Sunday turned down a request by the National Democratic Party to ban Muslim Brotherhood candidates from running in today's Parliamentary elections, according to the International Herald Tribune. The elections are for the upper house of Egypt's Parliament, the Shura Council. The NDP complained to the electoral commission that Brotherhood candidates have violated new restrictions in Egypt's constitution that bar campaigning using religious references. The Brotherhood uses the slogan: "Islam is the answer", but says it is permitted because Chap. 1, Art. 2 of the Constitution provides that Islam is the main source of Egyptian legislation. Reuters reports that the Supreme Administrative Court found there was no conclusive evidence that the candidates had used religious slogans.

VA Supreme Court Upholds Inmate's Religious Name Change Request

In Stephens v. Commonwealth, (VA Sup. Ct., June 8, 2007), the Virginia Supreme Court held that the lower court had abused its discretion when it refused to permit a Muslim prisoner to change his name for religious reasons. The circuit court had refused the request because the name did not appear to have a religious meaning.

Drafting Committee Says Thai Monks Seeking Official Religion Should End Fast

Thailand's Constitution Drafting Committee on Saturday called on Buddhist monks to end the protest fast they are staging outside Parliament House. The monks want Buddhism to become the country's official religion under its new constitution. The Nation reports that CDC chairman Prasong Soonsiri said the demand is unjustified and the tactic of fasting in protest is contrary to the Buddhist principle of moderation. (See prior related posting.)

Recent Articles Of Interest

From SSRN:
Chaim Saiman, Jesus' Legal Theory-A Rabbinic Interpretation, (June 2007, Villanova Law/Public Policy Research Paper No. 2007-12).

Jude Chua, What is a “Professional”? Ethics and Religion in the Sciences of the Artificial, (May 31, 2007).

Lloyd H.Mayer, Grasping Smoke: Enforcing the Ban on Political Activity By Charities, (First Amendment Law Review, Vol. 6, 2007).

From SmartCILP and elsewhere:
The Winter 2007 issue of Montana Law Review carries three articles on "Intelligent Design": David K. DeWolf, John G. West & Casey Luskin, Intelligent Design Will Survive; Peter Irons, Disaster in Dover; David K. DeWolf, John G. West & Casey Luskin, Rebuttal to Irons. (The articles are discussed at Dispatches from the Culture Wars blog.)

L. Scott Smith, From Promised Land to Tower of Babel: Religious Pluralism and the Future of the Liberal Experiment in America, 45 Brandeis Law Journal 527-572 (2007).

Cert. Petition Filed In 9th Circuit Case on Use of Library Meeting Room

On Thursday, Alliance Defense Fund filed a petition for certiorari with the U.S. Supreme Court in Faith Center Church Evangelistic Ministries v. Glover. (ADF press release.) The case involves the question of whether a Contra Costa County, California public library can make its meeting rooms available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". Last September, by a vote of 2-1 (with 3 different opinions being written), the 9th Circuit said that the library could exclude religious worship.

PBS Church-State Documentary Questioned

PBS has announced that some of its stations will be showing a new documentary this month titled "Wall of Separation". A PBS press release says the show will explore the founding fathers' understanding of the role of religion in state and federal government, which, it says, was "radically different" than today's interpretation. On Friday, Americans United for Separation of Church and State issued a release questioning the objectivity of the documentary. While AU has not been able to obtain a copy to preview, AU says that based on the individuals connected with its filming, "it may be an intentionally warped and inaccurate view of the role of religion in our nation’s founding".

Rabbi's Contract and ADA Claims Dismissed On 1st Amendment Grounds

In Leavy v. Congregation Beth Shalom, 2007 U.S. Dist. LEXIS 41658 (ND IA, May 24, 2007), an Iowa federal district court dismissed disability discrimination and breach of contract claims brought by Rabbi Bonnie Leavy against her former congregation. The court held that adjudicating her complaint regarding her dismissal as rabbi would entangle the court excessively in internal affairs of the synagogue and the manner in which it chooses its religious leader, in violation of the First Amendment's Establishment Clause.

US President Meets Pope In Rome

The Associated Press today reports on President Bush’s stop in Italy after attending the G8 meetings in Germany. Asked at a news conference (full text) in Rome about his meeting with Pope Benedict XVI, here is part of what the President said:

I'll be glad to share some of the private conversation with His Holy Father. First, I'll give you an impression. I was talking to a very smart, loving man…. I was in awe, and it was a moving experience for me.

… He did express deep concern about the Christians inside Iraq, that he was concerned that the society that was evolving would not tolerate the Christian religion. And I assured him we're working hard to make sure that people lived up to the constitution, the modern constitution voted on by the people that would honor people from different walks of life and different attitudes.

… We talked about our attempts to help the people on Africa deal with HIV/AIDS and malaria and hunger. I reminded him that we made a significant commitment to that end…

And I talked to him about our attempts to feed the hungry, and I also reminded him that we've got poor people in our own neighborhood that need to be affected. He talked about immigration. He's watching the immigration debate very closely in America. And I told him I was a person who strongly supports comprehensive immigration reform; that, on the one hand, we'll enforce our law, on the other hand, we need to treat people with dignity. And we had a good discussion.…

Q The Pope has said Iraq was worrisome.

PRESIDENT BUSH: Yes, he's worrisome [sic] about the Christians inside Iraq being mistreated by the Muslim majority. He's deeply concerned about that, and we spent a lot -- spent a fair amount of time talking about it.

While in Rome, Bush also met at the U.S. Embassy with members of the Sant Egido Community, a lay Roman Catholic organization that operates an AIDS program in ten African countries. The program is partly funded by the U.S. Listening to the group’s concerns, Bush said that he would look into making it easier for faith based groups to access US aid funds directly, instead of through foreign governments.

Congress Hears Varied Religious Views On Attacking Global Warming

Last Thursday, the U.S. Senate Committee on Environment and Public Works held hearings on An Examination of the Views of Religious Organizations Regarding Global Warming. The full text of statements presented by seven different witnesses, and written testimony from seven others are available online. While some of the witnesses supported Congressional action on global warming in religious terms, others took a decidedly different position. For example, the testimony of Dr. Russell Moore Dean of the School of Theology Southern Baptist Theological Seminary set out a broad case from the conservative evangelical perspective questioning current moves to deal with global warming and support for them by the religious community. [Thanks to Melissa Rogers for the lead.]

Egyptian Court Upholds Right To Wear Niqab On Campus

The International Herald Tribune reported on Saturday that in Egypt, the Circuit of Unification of Principles, an 11-judge committee of the Supreme Administrative Court, has said that American University in Cairo should not be able to totally ban Muslim women from wearing the full face veil on campus. However, the committee said that women could be required to remove their veil for female security guards to verify their identities before entering campus. The decision by the court committee now goes to the full Supreme Administrative Court for a final ruling. Last November, a lower court ruled in favor of Muslim women challenging the niqab ban. (See prior posting.)

Canadian AG Concerned That Polygamy Charges Will Raise Religious Freedom Issues

This past week in the Canadian province of British Columbia, Attorney-General Wally Oppal appointed a special prosecutor to review whether polygamy charges should be brought against members of the polygamous community in the town of Bountiful. The Province reported on Thursday that the AG is proceeding carefully, partly out of a concern that prosecutions might infringe the group's religious rights.

Free Exercise Challenge To Restriction On Feeding Needy Rejected

In Knauss v. City of Phoenix, 2007 U.S. Dist. LEXIS 41359 (D AZ, June 6, 2007), an individual who was a volunteer and contributor to several church programs to assist the needy challenged a zoning ordinance that precluded a church from serving food to the needy in an unscreened outdoor area in downtown Phoenix. An Arizona federal district court found that plaintiff lacked standing to bring many of his challenges. It found he did have standing to challenge the restriction on free exercise of religion grounds, but rejected that claim on the merits. While the ordinance prevented plaintiff from extending charity as required by his religious beliefs, the restriction was a neutral law of general applicability. The city met the rational basis standard necessary to uphold such an ordinance.

West Virginia Justice Reveals Religious Attacks Against Him In Campaign

Today's Charleston Daily Mail reports that West Virginia State Supreme Court Justice Brent Benjamin spoke publicly last month for the first time about his hard-fought and successful race in 2004 for election to the state's Supreme Court. In the race, outside parties spent millions of dollars on attack ads on both sides. Benjamin said that near the end of the campaign, his opponent's supporters began a whisper campaign questioning Benjamin's religion, saying that his last name was "not a Christian sounding name." Benjamin also pointed out that one of the ads against him charged that he wanted to take God, the Bible and religion out of all aspects of public life. A full transcript and videos of the Annenberg Public Policy Center's conference at which Benjamin spoke is available online. The conference was titled Judicial Campaigns: Money, Mudslinging and an Erosion of Public Trust.