Indonesians Rally In Support of Caliphate

In Jakarta, Indonesia on Sunday, some 80,000 people attended a rally in support of re-establishing the Islamic Caliphate. Today's CNS News reports on the gathering, organized by the Sunni organization, Hizb ut-Tahrir (Party of Liberation). More mainstream Muslim leaders in Indonesia reject the call for recreating a single Islamic state. Government authorities at Indonesian airports denied entry to a British and and Australian supporter who were to speak at the rally.

Thailand's Queen Calms Protests Over New Constitution

Sirikit, Queen of Thailand, seems to have calmed the protests over the country's proposed new Constitution that does not recognize Buddhism as the country's official religion. NNN-TNA today reports that the queen, in an address marking her 75th birthday, said that Buddhism should be held in high esteem as a guiding light for all Thais, but that the religion should not be mixed with politics. Following this pronouncement, Gen. Thongchai Kua-sakul, chairman of the Buddhist Organisation of Thailand, said his organization would not organize additional protests even if next Sunday's national referendum approves the new constitution. (See prior related posting.)

Recent Articles and Book on Law and Religion

From SSRN:
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)

Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).

From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).

Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).

Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).

Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).

Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).

Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).

Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).

Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.

ECUSA and Virginia Diocese Enjoy Initial Win In Property Dispute

Episcopal News Service reports that yesterday in Fairfax, Virginia, a state Circuit Court judge gave a preliminary victory to the Episcopal Church and the Diocese of Virginia in their suits against eleven break-away congregations. (See prior postings 1, 2, 3.) The court rejected motions made by the individual congregations to prevent the court from considering the Episcopal Church’s Constitution and Canons in resolving the property dispute between the parties. Those documents provide that congregational property is held in trust for the diocese and the Church.

Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.

Spanish Leader, Church, Spar Over Education Reforms

In Spain, Catholic bishops have attacked the public schools’ new "Education for Citizenship and Human Rights" curriculum. Kath.net says that the curriculum’s goal is to encourage students to reject "racist, xenophobic, sexist, and homophobic social prejudices." The bishops say that the program violates Sec. 27(3) of Spain’s Constitution that provides "The public authorities guarantee the right which will assist parents to have their children receive the religious and moral formation which is in keeping with their own convictions." However a leading socialist party figure who was one of the drafters of the constitution, Gregorio Peces-Barba Martínez, published an op-ed this week accusing the Bishops of "extreme arrogance" and threatening a "new status", presumably a less privileged one, for the Church in Spain if it does not stop attacking the Education for Citizenship program.

Egyptian Gets 3rd Lawyer In Suit For Recognition of Conversion

In Egypt, the case of Mohammed Ahmed Hegazy—suing to change his national identity card to reflect his conversion from Islam to Christianity-- has become more complicated. As previously reported, Hegazy’s first lawyer withdrew from the case. But now, according to Christian Today, his second lawyer, Dr. Adel Fawzy Faltas, president of the Middle East Christian Association in Egypt, is being held by Egyptian police after the lawyer held a high-profile online conversation with Hegazy. So now a third lawyer, Ramses Raouf el-Nagar, has stepped in as Hegazy’s counsel.

Another City Hall Will Display "In God We Trust"

In 2002, a Bakersfield, California councilwoman, Jacquie Sullivan, founded "In God We Trust America", an organization that encourages every city hall in America to display the national motto, "In God We Trust." Last Monday, Sonora, California became the 26th city in the country to agree to display the motto. Friday’s Modesto (CA) Bee reports that Sonora City Council voted unanimously to display the motto. Reactions to the vote were predictable. Supporter Jacquie Sullivan praised council, saying: "Patriotism is love of God and love of country. I feel this is one of the most important things going on in our country now. It's important to retain our national identity." On the other hand, Rev. Barry Lynn, executive director of Americans United for Separation of Church and State said: "Cities ought to fill potholes, pay police well and leave religion alone."

Malaysian Authorities Continue To Deal With Religious Issues

In Malaysia, religious issues continue to raise legal controversies. Selangor state Islamic authorities have freed a Muslim woman after she was held for four months for marrying a Hindu man. However, according to today’s Economic Times of India, the couple was ordered to live separately because their marriage is not legal under Islamic law.

Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.

Recent Prisoner Free Exercise Cases

In Shaheed Allah v. Jordan-Luster, 2007 U.S. Dist. LEXIS 56631 (CD IL, Aug. 3, 2007), an Illinois federal district court rejected an inmate's claim that his free exercise rights under RLUIPA were violated when authorities refused to supply him with a Halal diet. The court relied both on the difficulty of accommodating the request and the plaintiff's failure to present verification from a spiritual leader of his need for the accommodation.

In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.

In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.

Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.

In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.

In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).

Appeal Filed In Conviction of Catholic Priest For Killing Nun

Now that 4000 pages of a trial transcript have become available, attorneys in Toledo, Ohio have filed an appeal in last year's murder conviction of Catholic priest Gerald Robinson. (See prior posting.) Robinson was found guilty of the 1980 murder of a nun, Sister Margaret Ann Pahl, whose body was found in the sacristy next to a chapel at Toledo's Mercy Hospital. Today's Toledo Blade says that one ground for the appeal is the introduction of evidence at trial relating to Satanism that "invited the jury to speculate on the issue of guilt, and sensationalized the entire proceeding". Prosecutors say that Satanism was not a key part of the evidence against Robinson.

Bishop's Endorsement of Obama Criticized

New Hampshire Episcopal Bishop Gene Robinson, the Church's first openly gay bishop, last week endorsed Sen. Barack Obama for president according to today's Washington Blade. Reacting to the endorsement, Rev. C. Welton Gaddy, president of the Interfaith Alliance, said that Robinson was misusing religion for political gain. Gaddy said: "While endorsements like today's raise the possibility of legal action against religious leaders, our concerns are rooted more in the impact on the sanctity of religion and the integrity of government." Robinson, however, responded that his endorsement, announced in a teleconference, was made as a private citizen, not as a religious leader.

London Synagogue Named National Monument

Britain last Tuesday declared London's new West End Synagogue a national monument, according to Haaretz. English Heritage, the body making the decision, said that the new status is justified both because of the synagogue's architecture and its historical importance. The upgrading of the building from an historic site to a national monument means that the British government will be responsible for the building's maintenance, and that the congregation can request state funding for any needed renovations. In total, Britain has about 15,000 national monuments.

Many Iraqi Christians Flee Mosul

IWPR this week carries a long article on the problems faced by Christians in the Iraqi city of Mosul. It reports: "Once a solid, middle-class community in this northern city, thousands of [Christians] have fled their homes under threat from militants. Their churches have been bombed, their clergy murdered, and community members regularly face threats and kidnappings."

Domestic Assault Charges Growing Out of Religious Argument Dismissed

The Hamilton County (TN) General Sessions Court on Wednesday dismissed domestic assault charges that had been filed 24-year old Ronnie Lynn Price against his 62-year old grandmother, Nellie Gray Smith. Yesterday's Chattanoogan reports that during an argument with Smith, Price called Jesus "a goat". When Smith told Price to leave, Price grabbed his genitals saying "[expletive] you, Jesus and the Holy Spirit". At that point Mrs. Smith slapped Price and his head struck the door. Mrs. Smith apparently argued that Price's injury was self-inflicted.

Court Refuses To Stop Meeting At Which Catholic School Coach Is Dismissed

On Monday, a state trial court judge in Iowa denied a temporary injunction to stop a meeting of the Cedar Valley Catholic Schools' Board of Education brought by teacher and football coach Tom Girsch. The judge said that granting the injunction would entangle the court excessively in religious matters. The Waterloo, Iowa Courier reported yesterday that Girsh has taught for 32 years-- and coached the football team of 28 of those years-- at Columbus High School, a Catholic school in Waterloo. He became the subject of controversy after he remarried a year ago without receiving an annulment of his first marriage from the Church. At that point the Board negotiated an amended contract with Girsh, requiring him to seek an annulment, and to submit his resignation if it was denied. The annulment was denied, but last month by a vote of 6-8 the board refused to accept Girsch's resignation. However on Monday, the Board by a unanimous vote reversed itself after Archbishop Jerome Hanus wrote saying that the Board has acted contrary to church doctrine in continuing to employ Girsh.

Right Wing Dutch Politican Says Koran Should Be Banned In Netherlands

In the Netherlands, right-wing politician Geert Wilders has stirred controversy by urging, in a letter to a national newspaper, that the Koran be banned in the country. DPA ysterday reported on the letter written by the leader of the Dutch Freedom party (PVV) to the daily Volkskrant, in which Wilders argues that the Koran is "fascist" and should be banned just as Mein Kampf is banned. Following publication of the letter, an attorney filed a complaint against Wilders with Dutch police charging Wilders with incitement against Muslims. The Dutch News reports today that most other political leaders have strongly criticized Wilders' proposals. Christian Democrat Foreign Minister Maxine Verhagen said that Wilders has "exceeded the boundaries of decency", and emphasized that religious freedom is strongly protected by the Dutch constitution. Verhagen has also sent Dutch ambassadors in other countries a copy of a letter in which the cabinet repudiates Wilders' statements.

Police Officers Decertified For Loyalty To FLDS Leader

Police officers in Colorado City, Arizona are losing their certification as law enforcement officers because of their allegiance to fugitive religious sect leader Warren Jeffs and his Fundamentalist Church of Jesus Christ of Latter Day Saints. FLDS promotes plural marriage. Today's Arizona Republic reports that in the Colorado City's police department that normally has six officers, four have already been decertified by Arizona Peace Officer Standards and Training Board. Two others are being considered for decertification. Some of the officers were bigamists. Others failed to assist in the hunt for FLDS leader Warren Jeffs or allowed looting by church crews. Yesterday's Salt Lake Tribune reports in more detail on the pending decertification cases against Colorado City Town Marshal Fred Barlow and Deputy Preston Barlow. While Jeffs was a fugitive, Fred Barlow wrote him a letter pledging loyalty and asking for advice about hiring and other matters in the marshal's office.

Court Upholds Neutral Brick-and-Mortar Grants To Churches

In an important Establishment Clause decision yesterday-- apparently a case of first impression-- a Michigan federal district court upheld the inclusion of churches in a local government's grant program for brick-and-mortar projects. American Atheists, Inc. v. City of Detroit Dowtown Development Authority, (ED MI, Aug. 8, 2007), involved a challenge to a Facade Improvement Plan (FIP) designed to enhance the appearance of a portion of the city of Detroit in anticipation of the 2005 Major League Baseball All-Star Game and the 2006 NFL SuperBowl. Under the program, approved applicants could receive up to 50% of the cost of improvements to building facades and parking lots-- with specified upper limits on reimbursements. Among the projects funded were nine by churches.

Focusing particularly on the Supreme Court's 2000 decision in Mitchell v. Helms, the court held the fact that churches are pervasively sectarian institutions does not automatically disqualify them from participating in an otherwise permissible aid program. It also held the fact that funds are granted directly to churches does not invalidate the FIP so long as the program does not discriminate on the basis of religious sect and so long as the reimbursements do not amount to government endorsement of a church's message. The grants are not forbidden just because they may free up funds for religious purposes that the churches would otherwise have used for building repairs.

Applying these criteria, the court upheld grants for most of the church repair projects, but found that aid to three projects was unconstitutional because it would be perceived as government support for the advancement of religion. The prohibited projects were repair of two stained glass windows displaying religious images and projects involving monolithic signs that "identify and solicit the churches as sites of Christian worship".

The decision is covered today by the Detroit News and in an Alliance Defense Fund release yesterday.

Article Charges Apocalyptic Video Games Being Sent To Soldiers In Iraq With DoD Approval

Max Blumenthal, in a posting yesterday on the blog page of The Nation, charges that an evangelical entertainment group, Operation Straight Up, will be mailing "Freedom Packages" to soldiers serving in Iraq. The packages will include the video game, Left Behind: Eternal Forces. He describes the game as follows:

The game is inspired by Tim LaHaye and Jerry Jenkins' bestselling pulp fiction series about a blood-soaked Battle of Armageddon pitting born-again Christians against anybody who does not adhere to their particular theology. In LaHaye's and Jenkins' books, the non-believers are ultimately condemned to "everlasting punishment" while the evangelicals are "raptured" up to heaven.

The Left Behind videogame is a real-time strategy game that makes players commanders of a virtual evangelical army in a post-apocalyptic landscape that looks strikingly like New York City after 9/11. With tanks, helicopters and a fearsome arsenal of automatic weapons at their disposal, Left Behind players wage a violent war against United Nations-like peacekeepers who, according to LaHaye's interpretation of Revelation, represent the armies of the Antichrist. Each time a Left Behind player kills a UN soldier, their virtual character exclaims, "Praise the Lord!" To win the game, players must kill or convert all the non-believers left behind after the rapture. They also have the option of reversing roles and commanding the forces of the Antichrist.

Blumenthal says that the Freedom Packages have the endorsement of the Defense Department.

Giuliani Refuses To Discuss His Religious Practices

Unlike some candidates who are willing to discuss their religious beliefs in detail, Republican presidential hopeful Rudy Giuliani refused yesterday to answer a questioner at an Iowa town meeting who asked if he was a "traditional, practicing Roman Catholic." The Washington Post reports that Giuliani responded: "My religious affiliation, my religious practices and the degree to which I am a good or not so good Catholic, I prefer to leave to the priests. That would be a much better way to discuss it. That's a personal discussion and they have a much better sense of how good a Catholic I am or how bad a Catholic I am." Giuliani favors abortion rights. Also, he has been married three times. One of his prior marriages was annulled, but the other ended in divorce-- which would prevent him from receiving communion in the Catholic Church.