European Court Finds Russian Town Violated Church's Rights

Last week, in Case of Barankevich v. Russia, (ECHR, July 26, 2007), the European Court of Human Rights found that Russian government officials violated the European Convention on Human Rights when they refused to permit the pastor of the Christ's Grace Church of Evangelical Christians to hold a worship service in a park in the town of Chekov. The Chekov Town Council had taken the position that services should be held only on the Church's own premises. The European Court rejected the town's argument that because the religion was practiced by only a minority of the town's residents, a public service might provoke a violent counter-demonstration. The Court found that the town's refusal violated Article 11 of the European Convention on Human Rights (right to peaceably assemble), interpreted in light of Article 9 (freedom of religion). The Court awarded damages of 6000 Euros to compensate the pastor, Petr Ivanovich Barankevich, for the violation. Forum 18 today carries a long report on the decision.

Florida Court Upholds Use of Catholic Church As Polling Place

A Florida federal district court has rejected an Establishment Clause challenge to Palm Beach County (FL) board of election's use of a Catholic church as a polling place. In Rabinowitz v. Anderson, (SD FL, July 31, 2007), the court said that plaintiff lacked standing to mount a county-wide challenge to the use of churches as polling places. However he could challenge his own polling location. As to that polling location, the court found no endorsement of religion nor excessive entanglement. "All the religious symbols and messages present in the Church were the private speech of that particular house of worship.... While plaintiff may feel discomfort when viewing the religious symbols at the Church, that feeling of discomfort does not equate to a constitutional violation...." Today's New York Sun reports on the decision. [Link to opinion from How Appealing.]

House Votes To Expand Limitations Period In Pay Discrimination Cases

The Washington Post reports that yesterday, by a vote of 225-199, the U.S. House of Representatives passed H. 2831, the Ledbetter Fair Pay Act of 2007. The bill responds to the U.S. Supreme Court's decision in May in Ledbetter v. Goodyear Tire & Rubber Co. At issue is the statute of limitations in suits under federal law for pay discrimination based on religion, race, sex or national origin. Under H. 2831, the statute of limitations will begin to run anew each time the employee receives a paycheck affected by unlawful discrimination.

Indian State Governor Refuses To Sign Religion Law Amendments

Today's Economic Times reports that the Governor of the Indian state of Gujarat has refused to sign amendments to the state's 2003 Freedom of Religion Act, returning the bill passed last September to the State Legislative Assembly. The law is supposed to prevent religious conversion by force, allurement or fraud. However, the 2006 amendments eliminate protection for a person renouncing one denomination and adopting another denomination of the same religion. The amendments, by defining Jains and Buddhists as members of the Hindu religion, withdraws protection from Jains and Buddhists. Similar problems are posed by the amendment's definition of Shia and Sunni as being Muslim denominations, and Catholics and Protestants as being members of a single Christian faith. In returning the bill for reconsideration, Governor Nawal Kishore Sharma said that it violates Article 25 of India's the Constitution that protects freedom of religion. (The Hindu.)

UPDATE: Faced with the Governor's rejection, Gujarat's Chief Minister Narendra Modi said the government would implement the 2003 Act that had been approved by the governor but never put into effect. (Times of India, Aug. 2.)

Nine Employees So Far Take Advantage of Ohio's Civil Service Union Dues Alternative

Last September, under a consent decree, the Ohio Civil Service Employees Association changed its collective bargaining agreement to permit a broader group of employees who have religious objections to positions the union takes to instead have the equivalent of union dues directed to charity. (See prior posting.) LifeSite News yesterday reported that a new study shows that since September, twelve employees have applied for the right to send their payments to charity. Nine of the requests have been granted, one has been denied, one was withdrawn and one request is still pending.

Israeli Government Encourages New Interreligious Council

In Israel, the Ministries of Foreign Affairs and Interior have been successful in getting religious leaders to set up a new Council of Religious Community Leaders . (MFA Release.) The new organization with representatives from Jewish, Muslim, Druze, Greek Orthodox and other Christian denominations, Bahai, Ahmadiyya and Samaritan faiths will work to promote inter-religious dialogue and further issues common to all religious groups in Israel. The "Covenant" adopted by the Council denounces violence and calls for free access for all believers to their holy sites.

Arrest Made In Quran Desecration Case At Pace University

Last Friday in New York City, a 23-year old man was arrested on hate crime charges of criminal mischief and aggravated harassment for twice placing a copy of the Quran in a toilet at Pace University's campus in lower Manhattan. Newsday reported last week that Stanislav Shmulevich of Brooklyn was accused of the acts that took place in October and November amid other incidents with racial or religious overtones that took place at the university. Yesterday, CAIR issued a statement commending the NYPD for its handling of the case.

Charges Against Saudi Religious Police Dismissed

The International Herald Tribune reports today that a court in Saudi Arabia has dropped charges against three members of the country's religious police and a regular police officer. They were charged in the death of Ahmed al-Bulaiwi a retired border patrol guard who supplemented his pension by acting as a driver. He was arrested after police observed a woman who was not related to him getting into his car near an amusement park. Women are permitted to be in public only with male relatives. Reports say the Saudi judge dismissed the case without questioning witnesses or reviewing the medical report on al-Bulaiwi's death. Religious police are employed by the country's Commission for the Propagation of Virtue and the Prevention of Vice.(See prior related posting.)

Arkansas Judge Agrees To Excuse Defendant From 12-Step Program

In Fayetteville, Arkansas, parties yesterday settled a federal court suit brought against a state trial court judge challenging a sentence he handed down. Mindy Gayle Offutt sued Rogers District Court Judge Doug Schrantz because he ordered her to participate in a 12-step program. Offutt claimed the order violates her First Amendment rights because the 12-step program is based on religion and requires participants to pray at the end of each session. Today's Fayetteville Morning News reports that under the settlement, Judge Schrantz will issue an amended order excusing Offutt, who plead guilty to possessing a controlled substance, from the 12-step requirement.

RI Prisons Adopt New Policy On Inmates Preaching In Settlement of Suit

After losing in the 1st Circuit Court of Appeals last April, the Rhode Island Department of corrections has settled a suit by prisoner Wesley Spratt who wanted to preach to fellow prisoners. Even though Spratt had preached in prison for seven years, in 2003 a new warden put in a blanket ban on inmates preaching, arguing that giving inmates positions of leadership or authority poses a security risk. As part of the settlement, the Department adopted a new policy that permits inmates to preach at religious services in prison under supervision of a chaplain. However, sermons that encourage racism, hate or divisiveness are prohibited. Also, the policy prevents any single inmate from monopolizing the pulpit. Articles on the settlement, which was approved yesterday in U.S. federal district court, were published today by The Day and by the Providence Journal. Spratt was represented by the Rhode Island chapter of the ACLU.

Amicus Says Upholding Gay Marriage In Iowa May Impact Churches

In Polk County, Iowa a suit is pending challenging the constitutionality of Iowa's Defense of Marriage Act. Six gay and lesbian couples have claimed that denying them marriage licenses violated the state constitution's equal protection and due process clauses. Yesterday's Iowa City Press-Citizen reported that an amicus brief filed in the case by the Becket Fund argues that recognizing same-sex marriage could lead to discrimination suits against religious institutions that refuse to extend employment benefits to such couples or which fire gay married employees to show church disapproval of such relationships. Such groups might also lose tax benefits or access to other government programs. The brief also raises the spectre of hate speech, incitement or conspiracy claims against preachers who have strongly denounced same-sex marriage if a congregant subsequently commits a hate crime against such a couple.

Scottish Adoption Agency Threatens To Close Over Gay Adoption Mandate

In Scotland, Rev. Joseph Devine, the Bishop of Motherwell, has said that Glasgow's Catholic adoption agency, St. Margaret's Children and Family Care Society, will close rather than comply with UK's Sexual Orientation Regulations that came into effect earlier this year. (See prior posting.) Those regulations would require that the agency permit adoptions by same-sex couples. Yesterday's LifeSite News reports on Bishop Devine's comments.

Underground Catholic Priests Detained In China

Yesterday's Washington Post reports that in China last Tuesday, three priests from China's underground Roman Catholic Church were detained by authorities in the northern region of Inner Mongolia. They had fled from their hometown in order to avoid arrest for refusing to join China's government-approved Catholic Church. Quoting the Cardinal Kung Foundation, the report says that other underground church officials are also being held. Another priest was detained earlier this month. In all, five bishops and 15 priests or lay people have been jailed, and others are under surveillance or house arrest.

Meditation Programs Spread In Public Schools Raising Church-State Questions

Yesterday's Inside Bay Area reports on the growing movement around the country to introduce meditation and mindfulness programs in public schools. However opponents claim that the programs are religious in nature, with roots in Buddhism and Hinduism. They say that mantras and meditation should not be allowed if prayer is banned. However meditation and mindfulness programs have become more "medicalized", teaching skills such as paying attention and controlling emotions without showing obvious religious trappings.

Massachusetts Religious Exemptions From Vaccination Up

Boston's WCBV-TV yesterday reported an increase in the number of Massachusetts parents claiming a religious exemption from the requirement that their children be vaccinated before entering school. In 2001, 343 kindergartners received an exemption, while last year that number was up to 474. Unlike 18 other states, Massachusetts does not provide an exemption for philosophical objections to vaccination-- as opposed to religious ones. 76 MGL Sec. 15 exempts a "child whose parent or guardian states in writing that vaccination or immunization conflicts with his sincere religious beliefs...." However it appears that a number of the parents claiming an exemption actually had philosophical rather than religious concerns.

Recent Prisoner Free Exercise Cases

In Fowler v. Crawford, 2007 U.S. Dist. LEXIS 53070 (WD MO, July 23, 2007), a Missouri federal district court upheld the denial by officials at a maximum security prison of a Native American inmate's request to have access to a sweat lodge. The court rejected the inmate's First amendment and RLUIPA claims based on the prison's interest in safety and security.

In Stewart v. Corrections Corporation of America, 2007 U.S. Dist. LEXIS 52875 (SD IN, July 19, 2007), an Indiana federal court held that no substantial burden had been placed on plaintiff's exercise of religion either by requiring him to fill out a request in order to obtain vegetarian meals for religious reasons or by taking more than one day to grant the request.

In Horton v. Erwin County Jail, 2007 U.S. Dist. LEXIS 53759 (ED TN, July 23, 2007), a Tennessee federal district court held that a prisoner's conclusory allegation that while in jail he was denied religious exercise is insufficient to state a First Amendment claim.

Congress Gives Immunity To Air Passengers Reporting Suspicious Activities

On Friday, Congress passed and sent to the President for his signature HR 1, the bill implementing recommendations of the 9/11 Commission. (Washington Post). Included in the Conference Committee's version of the bill that was enacted is a provision reacting to a lawsuit filed last year by a group of imams who were kept off a flight from Minneapolis after a number of passengers reported they were acting suspiciously. (See prior posting.) Significant concern was expressed when that lawsuit named unidentified air passengers as defendants. The provision, retroactive to Oct. 1, 2006, (as reported by the Washington Times) reads:

Any person who, in good faith and based on objectively reasonable suspicion, makes or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under federal, state and local law for such report.

Debra Saunders in today's San Francisco Chronicle praises Congress for enacting the provision, as does Ericka Andersen at Human Events yesterday. They give special credit to the provision's co-sponsor, New York Rep. Peter King, and to Sens. Joe Leiberman (I-Conn.) and Susan Collins (R-Maine) for getting Conference Committee approval of the so-called "John Doe" protections.

UDPDATE: The John Doe protections in HR 1 were the subject of July 30's Talk of the Nation from NPR. You can listen to the program online.

Text of USCIRF Hearings On Minority Religions In Iraq Now Online

Last Wednesday, the U.S. Commission on International Religious Freedom held a hearing on the threats faced by Iraq's non-Muslim religious communities of antiquity-- the ChaldoAssyrian Christians, Yazidis, Sabean Mandaeans, and other minority religious groups. The statements and prepared testimony of eight witnesses appearing at the hearings are now available on USCIRF's website.

Recent Law Review Articles on Law and Religion

Recently published law review articles from SmartCILP and SSRN:

Philip C. Aka, The Supreme Court and the Challenge of Protecting Minority Religions in the United States, (Reviewing Garrett Epps, To an Unknown God: Religious Freedom on Trial.), 9 The Scholar: St. Mary's Law Review on Minority Issues 343-408 (2007).

William J. Dobosh, Jr., Coercion in the Ranks: the Establishment Clause Implications of Chaplain-Led Prayers at Mandatory Army Events, 2006 Wisconsin Law Review 1493-1562 (2006).

Charles Flores, Marital Jam Sessions on Trial: Ecclesiastical Abstention and Employment Division, Department of Human Resources v. Smith in the Supreme Court of Texas, 9 The Scholar: St. Mary's Law Review on Minority Issues 409-426 (2007).

L. Scott Smith, Religion, Politics, and the Establishment Clause: Does God Belong in American Public Life?, 10 Chapman Law Review 299-358 (2006).

Stephen W. Trask, Evolution, Science, and Ideology: Why the Establishment Clause Requires Neutrality in Science Classes, 10 Chapman Law Review 359-390 (2006).

James L. Werth, Jr., Some Personal Aspects of End-of-Life Decisionmaking, 61 University of Miami Law Review 847-861 (2007).

Leila Hessini, Abortion and Islam, Policies and Practices in the Middle East and North Africa, 15 Reproductive Health Matters, No. 29, pp. 75-84 (May 2007) (SSRN Abstract).

Mark Strasser, Thou Shalt Not?, 6 Journal of Race, Religion, Gender and Class 439-90 (2006) (SSRN Abstract).

Ohio Court Dismisses Suit Against Pastor For Misuse of Church Funds

Today's Columbus (Ohio) Dispatch reports that a Franklin County (OH) Common Pleas Court judge earlier this month dismissed a lawsuit that had been brought by 18 members of Columbus' World of Pentecost Church against the church's pastor and church officers. The pastor, Rev. David Thompson, had taken out a third mortgage on the church’s property for $130,000 and used another $800,000 of the church's funds in an "energies scheme". Plaintiffs, claiming a breach of fiduciary duty, sought return of the funds and removal of Thompson as pastor. Originally Franklin County Judge Charles A. Schneider took jurisdiction over the case which claimed that defendants had no right under the church's bylaws to take the funds without consent of the church’s members. He appointed Thompson's father as temporary pastor and ordered him not to speak from the pulpit about the case. However, as the case progressed, the judge found that the church bylaws were full of biblical references. He ultimately concluded that deciding the case would involve the court too extensively in religious matters, in violation of the First Amendment. The Columbus Police economic crimes unit continues to investigate the case.