Muslim Classes Permitted In Syria's Military

AsiaNews today reports that in Syria, for the first time since 1963 when the Baath Party declared Syria a secular state, imams will be permitted to hold religious classes in the barracks of the Military Academy. The move is seen as an attempt to counter the fundamentalist Islamic teachings of the Muslim Brothers.

New Publications of Interest

From BePress:

• Jamie A. Aycock, Contracting Out of the Culture Wars: How the Law Should Enforce and Communities of Faith Should Encourage More Enduring Marital Commitments
  
• Todd Parker, The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR

From SmartCILP: Don Willenburg has recently published a review of Noah Feldman's book, Divided by God: America's Church-State Problem--And What We Should Do About It, 80 Tulane Law Review 713-725 (2005).

Eugene Volokh, Parent-Child Speech and Child Custody Speech Restrictions, 81 New York Univ. Law Review 101- 202 (2006). The article is discussed by Austin Cline in a posting titled Religious Discrimination in Child Custody Settlements.

No Damages Awarded In "Atheism Is A Religion" Case

Last August, the 7th Circuit Court of Appeals found that atheism qualified as a religion for a prisoner who wished to form a study group while incarcerated. The Wisconsin Department of Corrections is currently revising its policies to reflect this holding. Now, on remand of the case, a Wisconsin federal district court has granted prison officials summary judgment and dismissed plaintiff's claim for damages. In Kaufman v. Witch, (WD Wis., March 24, 2006), the court accepted prison officials' defense of qualified immunity because, in light of pre-existing Establishment Clause precedents, the unlawfulness of their original decision refusing to treat atheism as a "religion" was not apparent to them.

As Rahman Gets Asylum In Italy, New Questions Raised In U.S.

Abdul Rahman, the convert from Islam to Christianity who faced a possible death sentence in Afghanistan, was granted political asylum in Italy on Wednesday. The Chicago Tribune reports that even though Afghanistan's Parliament sent a letter to the Interior Ministry demanding that Rahman not be allowed to leave the country, he was secretly flown to Italy Wednesday night. Today's Middle East Times says that Afghanistan's Parliament will conduct an inquiry into the judiciary's decision to free Rahman. Meanwhile the Taliban said that the developments show President Hamid Karzai's government to be a "puppet" to foreign powers, and called for jihad against Karzai's administration.

In the wake of these developments, this week's issue of Forward carries an excellent article analyzing the impact that the Rahman affair has had on evangelical Christians in the United States. The paper says that the controversy left evangelicals questioning the Bush administration's assumption that Muslim countries can become democratic while adhering to Islamic law and Muslim customs.

Largest Chaplains' Group Says No New Executive Order Is Needed

According to today's Washington Post, the National Conference on Ministry to the Armed Forces, a long-standing multi-faith organization representing over 70 per cent of the chaplains in the military, has written the Senate Armed Services Committee opposing a call by conservative members of Congress for the President to issue an order guaranteeing chaplains the right to pray in the name of Jesus. Rev. Herman Keizer Jr., chairman of NCMAF, said: "This has been portrayed as though chaplains are not allowed to pray in Jesus's name, without any distinction between what they do all the time in worship services and what they do occasionally, in ceremonial settings where attendance is mandatory." Calls for an executive order to protect the right to pray in Jesus's name have originated mainly from a two-year old rival association, the International Conference of Evangelical Chaplain Endorsers that represents about 800 chaplains, exclusively from evangelical Christian churches.

Indian Supreme Court Rejects Religious Discrimination Challenge To Election Law

The Times of India reports that on Tuesday, the Supreme Court of India decided Ewanlangki-e-Rymbai v. Jaintia Hills District Council. The decision upheld against constitutional attack a statutory provision that precludes Christians from contesting the results of any election to the post of Dolloi (headman) of the Jaintia Scheduled Tribe. Ewanlangki-e-Rymbai, a Christian, supported by the Elaka Jowai Secular Movement, claimed that the provision discriminated against him on the basis of religion. However, Justice Singh said: "The ground for exclusion of Christians is not solely on the ground of religion, but on account of the admitted fact that a Christian cannot perform the religious functions attached to the office of Dolloi."

Arizona Bill To Require Recognition of Student Religious Organizations Nears Passage

In Arizona, the state Senate has passed and sent on to the House the "Associational Freedom in Higher Learning Act" (SB 1153). The ASU Web Devil reports that on Tuesday, the House Committee on Universities, Community Colleges, and Technology voted 5-2 to approve the bill that would prohibit universities from refusing to recognize or grant benefits to a student organization because the organization limits membership based on the religious, political or philosophical views of the organization. However recognition could be denied to groups that engage in "invidious" discrimination on the basis of race, color, national origin or sex. The bill was proposed after Arizona State University last year denied recognition to the Christian Legal Society because it limited membership on the basis of religion and sexual orientation. The lawsuit was settled after the University permitted the group to keep its requirement that members be Christians. (See prior posting.) ASU opposes the pending bill, arguing that student organizations at state universities should comply with the Arizona Board of Regents Code of Conduct that prohibits a wide variety of discriminatory activities.

Alternative Synod Leaders Prosecuted In Bulgaria

Forum18 yesterday reported on the dispute in Bulgaria between two wings of the Bulgarian Orthodox Church. The "Alternative Synod" was created by members who claimed that Patriarch Maksim was improperly elected to head the Church in 1971. Now two Alternative Synod leaders are being prosecuted for claiming to be Orthodox bishops, despite their lawyer's claim that the charges violate required separation of church and state in the country. Article 274, part 1, of the Criminal Code, punishes by large administrative fines or up to one year in prison anyone who is found to be "unwarrantedly committing an act within the scope of the office of an official which he does not occupy." Forum 18 says the cases were brought at the instigation of the Bulgaria's National Security Service. The Patriarchate remains the wing recognized by the rest of the Orthodox world and favored by government officials. Officials say that Bulgaria's 2002 religion law was specifically aimed at "reuniting" the divided Orthodox Church.

U.S. Agencies Debate Whether Title VI Covers Anti-Semitism

Today's New York Sun reports that the U.S. Department of Education is backing away from an earlier position that permitted it to investigate complaints of anti-Semitic harassment at universities receiving federal funds. Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color or national origin by recipients of federal funding. However, Title VI does not mention religious discrimination.

In 2004, the Department's Office of Civil Rights said that under Title VI it could investigate discrimination against students of Jewish heritage even if they are Caucasian and American born. This is consistent with the U.S. Supreme Court's holding in the 1987 case of Shaare Tefila Congregation v. Cobb that held Jews could make a racial discrimination claim under a 19th century federal law because at the time it was passed Jews were considered a distinct race. Recently, however, Stephanie Monroe, head of the Department of Education's Office of Civil Rights, has apparently taken the position that while harassment driven by a student's perceived Jewish ethnic origin would be subject to an OCR investigation under Title VI of the 1964 Act, harassment because of a student's Jewish religious beliefs, such as the wearing of a kippa, would not be covered by Title VI.

Meanwhile, the U.S. Civil Rights Commission is also bogged down in dispute over how far it should go in addressing anti-Semitic propaganda and harassment on campuses, including anti-Semitic activities disguised as anti-Israel advocacy. The issue will be on the agenda of the Commission's April 3 meeting.

City Council Prayer Dispute In Canada

The debate over legislative prayer has now moved to Canada. Today's Globe and Mail reports that the city of Laval is trying to retain its practice of opening council meetings with a non-denominational prayer. City resident Danielle Payette, an atheist, filed a religious discrimination complaint with the Quebec Human Rights Commission complaining about the practice. Payette is backed by Mouvement Laïque Quebecois which promotes the separation of church and state. The case will be heard by the Human Rights Commission tomorrow.

DC Circuit Holds Damages Not Available From U.S. Under RFRA

Yesterday in Webman v. Federal Bureau of Prisons, (DC Cir., March 28, 2006), the U.S. Court of Appeals for the DC Circuit held that damages are not an available remedy for individuals suing under the Religious Freedom Restoration Act. It held that RFRA's authorization of "appropriate relief against a government" did not waive the federal government's sovereign immunity against damage claims. This is the first circuit court opinion directly dealing with the issue.

NY Civil Liberties Union Sues Coast Guard Over Merchant Marine Religious Bias

Just two days after the New York Times reported that the U.S. Coast Guard is considering changing its policy prohibiting wearing of religious head coverings indoors while in uniform, the New York Civil Liberties Union filed a related religious discrimination suit against the Coast Guard on behalf of Muslim ship worker Khalid Hakim. The suit involves Coast Guard requirements for licensing merchant marine crew members who serve on commercial ships. Newsday yesterday reported that the suit accuses the Coast Guard of requiring anyone seeking a merchant marine license to submit photographs showing himself or herself without a head covering. Before September 2001, Hakim regularly received licenses after submitting photographs in which he wore his Kufi (religious skull cap). After 9-11, the Coast Guard said Hakim would have to remove the kufi. However, without explanation, the Coast guard issued Hakim a new license shortly before the NYCLU suit was filed. The full text of the complaint in Hakim v. Chertoff, charging that Hakim's rights under the First Amendment and the Religious Freedom Restoration Act were violated, is available online.

Religious Party Gets 3rd Highest Number of Seats In Israel's Election

While the big news out of yesterday's Israeli election is that the Kadimah Party won the most seats in the Knesset (28), less noted was the fact that the party receiving the third highest number of seats (13) was the Sephardic religious party, Shas. (Results from Arutz Sheva.) Earlier this month Ynet News reported on Shas' platform which includes the following:

• Integrating Jewish tradition into the education system. The doctrine guiding the party's platform is that Israel is the Jewish people's state and Jewish identity must be preserved when it comes to decision making, while curbing moves that would see "a country of all its citizens" emerging. The party does not call for a state based on religious law, but rather, "a state with a Jewish soul" where Jewish character is preserved within state laws.
• Every diplomatic question on the agenda has answers in Jewish law. The party's spiritual leader, Rabbi Ovadia Yosef, determines the party's official position. Yosef and other leading rabbis believe territorial compromise is allowed, but only when life is at stake and something is received in return.

In addition to the 13 seats won by Shas, two other religious party slates did reasonably well. The National Union/National Religious Party got 9 seats, and United Torah Judaism won 6 places in the 120-seat Knesset.

Lutheran School's 1st Amendment Defense Against Discrimination Claim Rejected

In Riverside, California Monday, a judge refused to dismiss a case brought against a Lutheran high school on behalf of two students who were expelled because the school suspected that they were maintaining a lesbian relationship. The San Diego Union-Tribune yesterday reported that by allowing the case to proceed to trial, Superior Court Judge Gloria Connor Trask implicitly rejected defense arguments that their First Amendment free exercise rights precluded application of the Unruh Civil Rights Act to the private religious school. (See prior related posting.) The case is Mother Doe v. California Lutheran High School Association.

San Francisco Reaction To Catholic Adoption Agency Stand

The refusal earlier this month of Boston's Catholic Charities to continue to offer adoption services if required to place children with gay and lesbian parents triggered events leading to a heated exchange last week in San Francisco on the same issue. The San Francisco Chronicle and KTVU TV reported last week on the controversy. In the Vatican, Cardinal-elect William Levada, the former archbishop for San Francisco, was asked by the press to comment on the Boston situation. He said, "it has been, and remains, my position that Catholic agencies should not place children for adoption in homosexual households."

In response to this, first the San Francisco Chronicle wrote a measured editorial criticizing Levada's statement. Then the San Francisco Board of Supervisors unanimously passed a strongly worded non-binding resolution. It said in part: "It is an insult to all San Franciscans when a foreign country, like the Vatican, meddles with and attempts to negatively influence this great city's existing and established customs and traditions, such as the right of same-sex couples to adopt and care for children in need." Also, San Francisco Mayor Gavin Newsom, a divorced Catholic, canceled his planned trip to Rome to attend the elevation of Levada at a ceremony held last Friday. Finally, the National Center for Lesbian Rights said last week that it might sue the Roman Catholic Archdiocese of San Francisco if it bans its affiliated social service agency from allowing adoptions by same-sex couples.

Dutch Agency Finds Discrimination Against Muslim Teaching Applicant

In Netherlands, the Dutch Equal Treatment Commission has held that the Regional Education Center in the city of Utrecht illegally "discriminated, indirectly, on the basis of religion," when it rejected Fatima Amghar who had applied for its teacher training program. Today's Khaleej Times reports on the case. Amghar's Muslim religious beliefs preclude her from shaking hands (or otherwise coming into physical contact) with men over 12 years of age. The Education Center argued that shaking hands was a routine part of a teaching assistant's job. However, the Equal Treatment Commission said that "there are other conceivable manners of greeting that can be considered proper and respectful".

Connecticut Captive Audience Bill Killed In Committee

The Stamford, Conn. Advocate reports that on Monday a legislative committee defeated the "captive audience bill". The legislation would have prohibited companies from requiring employees to attend meetings at which management expresses opinions on political or religious matters. Opponents said the legislation was hostile to business, and Connecticut is attempting to attract more employers. An AFL-CIO spokesman said that his group would continue to press for the legislation.

Church Challenges To Building Limits Survive Motion To Dismiss

In The Cathedral Church of the Intercessor v. The Incorporated Village of Malverne, 2006 U.S. Dist. LEXIS 12842 (ED NY, March 6, 2006), a New York federal district court denied the Village of Malverne's motion to dismiss a suit brought against it challenging its refusal to permit the expansion of a church building of a Charismatic Episcopal congregation. The court found that plaintiff's complaint adequately alleged an equal protection claim based on selective enforcement of governmental regulations. It also permitted plaintiffs to move forward on both substantive and procedural due process claims, on claims of retaliation and on RLUIPA claims. Finally the court held that the city officials being sued had not alleged sufficient facts to show that they had qualified immunity.

Senate Committee Approves Immigration Bill with Church Protections

With Republicans divided on the issue, the Senate Judiciary Committee yesterday approved a wide-ranging immigration reform bill. The New York Times reports that the bill was praised by immigrant advocacy organizations and church groups that had been demonstrating in recent days in favor of immigrant rights. The bill includes an amendment authored by Sen. Dick Durbin (D-IL) which protects charitable organizations and churches involved in offering humanitarian assistance. They will be protected from prosecution even if in providing assistance they aid undocumented aliens. A release from Sen. Durbin's office reports that this amendment was adopted by a bipartisan vote of 10-7. (See prior related posting.) If this bill is passed by the full Senate, it will still need to be reconciled with H.R. 4437, a more restrictive bill already passed by the House. [Thanks to Blog From the Capital for the lead.]

Brief Filed For Congress Members Supporting National Motto

An amicus brief (full text) was filed yesterday by the American Center for Law and Justice in federal district court in Sacramento, California on behalf of 47 members of Congress in support of the government's request to dismiss a pending lawsuit filed by Michael Newdow challenging the constitutionality of the national motto, "In God We Trust." (See prior posting.) The release announcing the filing quotes this from the brief: "The Establishment Clause was never intended as a guarantee that a person will not be exposed to religion or religious symbols on public property, and the Supreme Court has rejected previous attempts to eradicate all symbols of this country's religious heritage from the public's view. Although enterprising plaintiffs can find support for just about any proposition in the Court's multifarious Establishment Clause pronouncements, a claim that the national motto violates the First Amendment borders on frivolous."