GAO Issues Report On Military Conscientious Objectors

The Government Accountability Office has issued a report on the number of conscientious objector applications received by the U.S. military, and the handling of those applications. The GAO summary of the Sept. 28 report says:

During calendar years 2002 through 2006, the active and reserve components reported processing 425 applications for conscientious objector status. This number is small relative to the Armed Forces' total force of approximately 2.3 million servicemembers. Of the 425 applications the components reported processing, 224 (53 percent) were approved.... Each component's process is essentially the same, taking an average of about 7 months to process an application.... Officials from all the components stated that they attempt to temporarily reassign applicants to noncombatant duties while their applications are pending. Conscientious objector status is not considered when determining eligibility for benefits.... Of those 224 servicemembers whose applications were approved for conscientious objector status, 207 received honorable discharges....

The full text of the report is available online. A story in today's North Coast Times focuses on data from the report for CO's in the Marine Corps.

Three More Cert. Denials In Religion Cases

In addition to the two denials of cert. which were previously featured (1) (2), the U.S. Supreme Court also denied certiorari yesterday in three additional religion cases in its lengthy Order List. The additional denials are in:

Boggan v. Mississippi Conference of the United Methodist Church, (Docket No. 06-1459). The court below relied on the ministerial exception to Title VII of the 1964 Civil Rights Act to dismiss a claim by a pastor that he and other African-American pastors had not been promoted to higher paying church positions because of their race. (See prior posting.) The 5th Circuit Court of Appeals affirmed the district court in a short per curiam opinion last February.

Vision Church v. Village of Long Grove, (Docket No. 06-1497). The 7th Circuit Court of Appeals below rejected challenges to a special use permit requirement, and held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA. (See prior posting.)

Barrow v. Greenville Independent School District, (Docket No. 07-59). A 5th Circuit opinion below had rejected a claim that a policy of disfavoring public school teachers whose children attend private school imposed a disparate impact on those sending their children to religious schools. [Thanks to Blog from the Capital for the lead.]

U.S. Postal Service Reissues Eid Postage Stamp

Now that first class postage rates have gone up, the U.S. Postal Service has reissued its commemorative stamp honoring the Muslim holy days of Eid al-Fitr and Eid al-Adha. (Associated Press). The stamp first issued in 2001 is now available for 41-cent first class postage. [Thanks to Alliance Alert for the lead.]

Paper Reports On Mennonites and Liberty Bonds In World War I

Yesterday's edition of the New Philadelphia, Ohio Times Reporter carried an interesting article on the experience of Ohio Mennonite pacifists during World War I. Local newspaper editor Samuel H. Miller was convicted under the Espionage Act after he published an article by Mennonite Bishop Manasses Bontrager of Dodge City, Kansas. Bontrager argued that purchasing Liberty Bonds violated Mennonite teachings against violence and bloodshed. Bontrager was also tried in Ohio, and both defendants, who could have been sentenced to 20 years in prison, were merely fined $500. Meanwhile, local officials worked out a plan that allowed Amish and Mennonites to purchase Liberty Bonds indirectly, without violating their religious beliefs. Special bank accounts were created in which pacifists could deposit money for a ten year period. Then the bank used the funds to buy the bonds.

School Affiliated Foundation Criticized For Funding Christian-Themed Program

In Kimberly, Wisconsin, the nonprofit Positive Youth Development Foundation (PYDF), which is affiliated with the Kimberly Area School District, awards grants to promote youth and family development and prevent at-risk behaviors. Today's Appleton Post Crescent reports that the Freedom From Religion Foundation is questioning PYDF's role in sponsoring last week's Secret Keeper Girl Bod Squad Tour-- a program for girls in grades 3 to 6 created by Christian author Dannah Gresh-- that urges modest dress. The event was moved from Kimberly High School to a local church after a complaint from Americans United for Separation of Church and State. However the Foundation continued its $500 sponsorship.

Conservative Christian Leaders Threaten To Support Third-Party Candidate

The New York Times reported on Sunday that a group of prominent conservative Christian leaders meeting in Salt Lake City agreed that if the Republican Party nominates a pro-abortion candidate, they will consider supporting a yet-unnamed third-party contender for the Presidency. The resolution is aimed at Republican front-runner, Rudolph Giuliani, who supports abortion rights. Among those at the small meeting that made this decision were James Dobson of Focus on the Family; Tony Perkins of the Family Research Council; and direct-mail expert Richard Viguerie.

EEOC Sues For Discrimination: Muslim Woman Fired For Wearing Headscarf

The EEOC last week filed suit against Geo Group, a company that operates Pennsylvania's Delaware County Prison. MSN Money reported yesterday that the lawsuit claims Geo engaged in religious discrimination when it fired a Muslim prison nurse for wearing a headscarf to work. The company has denied other Muslim women exemptions from its dress code in the past. The EEOC says that Geo had an obligation to accommodate the religious practices of Carmen Sharpe-Allen and other female Muslim employees. [Thanks to Jack Shattuck for the lead.]

More Prisoner Free Exercise Cases Decided

In Shilling v. Crawford, 2007 U.S. Dist. LEXIS 70694 (D NV, Sept. 21, 2007), a Nevada federal district court held that a Jewish prisoner's Free Exercise and Equal Protection rights were not violated when prison authorities informed him that to satisfy his request for kosher meals, he would need to be transferred to a different correctional facility.

In Oakden v. Bliesner, 2007 U.S. Dist. LEXIS 70948 (ND CA, Sept. 21, 2007), a federal district judge rejected a First Amendment claim by a prisoner who was a member of the white-supremacist Church of the Creator. It found that plaintiff's requested raw food diet is a recommendation, but not a central requirement, for members of the Church.

In Keesh v. Smith, 2007 U.S. Dist. LEXIS 71165 (ND NY, Sept. 25, 2007), a New York federal district court upheld against Free Exercise and RLUIPA challenges a Department of Corrections requirement that a religion within the prison must have an outside sponsor in order to be recognized and approved for congregate services and classes. Plaintiff Tyheem Keesh was the founder and leader of the Tulukeesh religion, and sought to require prison authorities to accommodate its requirements for a special type of vegan diet, martial arts training, specific hygiene requirements, possession of religious items and a ban on strip searches of Tulukeesh members by prison staff.

In Hardaway v. Haggerty, 2007 U.S. Dist. LEXIS 71814 (ED MI, Sept. 27, 2007), a Michigan federal district judge adopted the recommendations of a federal magistrate, holding that prison officials had qualified immunity from damage claims in connection with their seizure from plaintiff of religious material from the Nation of Gods and Earths (NGE). However, plaintiff was permitted to proceed with his claim for an injunction seeking removal of the "Security Threat" designation given to NGE and challenging the taking of his NGE religious literature.

In Jaspar v. Moors, 2007 U.S. Dist. LEXIS 72116 (ED CA, Sept. 27, 2007), a California federal Magistrate Judge concluded that RLUIPA is applicable to claims seeking redress for individual retaliatory conduct of a prison chaplain who, plaintiff claimed, took action against him because he is Jewish.

In Izquierdo v. Crawford, 2007 U.S. Dist. LEXIS 71608 (ED MO, Sept. 26, 2007), a Missouri federal district court rejected a prisoner's claims that his rights under the First Amendment and RLUIPA were violated when the prison refused to provide religious services and programs for Shiite Muslims separate from those offered for Muslims in general that were led by a Sunni inmate.

Cert. Denied In Case On Exclusion of Worship Services From Library Room

The U.S. Supreme Court today denied cert. in a second church-state case, Faith Center Church v. Glover, (Docket No. 06-1633) (Order list.) In the decision below, a panel of the 9th Circuit held that the Contra Costa County, California, public library could make its meeting room available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". (See prior posting.) An en banc rehearing was denied by a sharply split 9th Circuit. (See prior posting.) AP reports on the cert. denial. [Thanks to Melissa Rogers for the lead.]

Cert Denied In NY Case On Contraceptive Coverage For Faith-Based Groups

The U.S. Supreme Court today denied certiorari in Catholic Charities of the Diocese of Albany v. Dinallo, (Docket No. 06-1550) (Order list.) Yahoo News reports on the case in which New York's highest court upheld a provision in the state's Women's Health and Wellness Act that requires faith-based organizations to include contraceptive coverage for women in any prescription plan that they offer employees. (See prior posting.) Twenty-two other states have similar laws. [Thanks to Brad Pardee via Religionlaw for the lead.]

DC Fire Department Must Allow Beards Worn For Religious Reasons

In Potter v. District of Columbia, (D DC, Sept. 28, 2007), the federal district court for D.C. held that under the Religious Freedom Restoration Act, the D.C. fire department may not enforce requirements to be clean-shaven on firefighters and paramedics who wear beards for religious reasons. At the heart of the dispute in the case was the question of the extent to which facial hair interferes with the effective operation of face masks that firemen sometimes need to use for respiratory health and safety. The court concluded that most of the time, firefighters used a self-contained breathing apparatus (with an air tank), and that beards did not pose a problem for these. At issue was whether bearded firefighters could safely use air purifying respirators in which they breathed in outside air. The court held that in the rare case that this was required, a less restrictive mans of accommodating those who wear beards for religious reasons is to reassign them away from duties that require that sort of respiratory system. Friday's Washington Post reported on the case. (See prior related posting.)

McCain Says US Is Christian Nation; Skeptical of Muslim As President

On Saturday, Beliefnet posted a partial transcript of an interview with presidential hopeful John McCain that has drawn extensive media attention, including this article from the New York Times. Two portions of the interview are of particular interest. Asked whether he agreed the Constitution establishes the U.S. as a Christian nation, he replied:

I would probably have to say yes, that the Constitution established the United States of America as a Christian nation. But I say that in the broadest sense. The lady that holds her lamp beside the golden door doesn't say, "I only welcome Christians." We welcome the poor, the tired, the huddled masses. But when they come here they know that they are in a nation founded on Christian principles.

Asked about the possibility of a Muslim candidate for President, he said:

... I just have to say in all candor that since this nation was founded primarily on Christian principles.... personally, I prefer someone who I know who has a solid grounding in my faith. But that doesn't mean that I'm sure that someone who is Muslim would not make a good president. I don't say that we would rule out under any circumstances someone of a different faith....

After the interview, McCain called Beliefnet to clarify his response: "I would vote for a Muslim if he or she was the candidate best able to lead the country and defend our political values." Beliefnet will post a longer transcript of the interview today.

UPDATE: In New Hampshire on Sunday, McCain appeared to be having second thoughts about some of his Beliefnet statements. The AP quotes him: "... maybe I should have kept my comments to the fact that I'm a practicing Christian, I respect all religions and beliefs, and that I support the principles, the values of the Founding Fathers... rather than getting into ... a Talmudic discussion." [Thanks to Melissa Rogers for the lead.]

UPDATE 2: Beliefnet has now posted a longer version of its interview with McCain, as Jewish and Muslim groups criticize McCain's remarks. (ADL, AJCommittee, CAIR).

UAE Rules On Ramadan Work Week Apply To Non-Muslims Also

Labor law in the United Arab Emirates sets the working day during Ramadan at six hours. Employees must be paid time-and-a-half after that. (See UAE Labor Law, Art. 65.) According to yesterday's Khaleej Times, the Ministry of Labour has made it clear that this requirement applies to non-Muslim employees during Ramadan, as well as to Muslims. The clarification came after an Abu Dhabi-based company was requiring non-Muslims to work normal 8-hour days without overtime pay.

Recent Articles on Church-State, Law & Religion

From SSRN:

• Richard W. Garnett, Religion and Group Rights: Are Churches (Just) Like the Boy Scouts?, (St. John’s Journal of Legal Commentary, Vol. 22, Fall 2007).

From Bepress:

• Muslim World Journal of Human Rights, (Special Double Issue, Vol. 4, Issues 1 & 2), The Transnational Muslim World, Human Rights, and the Rights of Women and Sexual Minorities, (2007). [Full text of 11 articles, plus notes and review.]

From University of Copenhagen Conference on Religion in the 21st Century:

• Santiago Cañamares Arribas, Religious Symbols in Spain: A Legal Perspective, (2007).

From SmartCILP:

• Stefan Braun, Second-Class Citizens: Jews, Freedom of Speech, and Intolerance on Canadian University Campuses, 12 Washington & Lee Journal of Civil Rights and Social Justice 1-50 (2006).


• James Adam Browning, Newdow v. United States Congress: Is there Any Room for God?, 34 Northern Kentucky Law Review 51-70 (2007).


• Adam S. Chodorow, Maaser Kesafim and the Development of Tax Law, 8 Florida Tax Review 153-208 (2007).


• Sarah Barringer Gordon, "Free" Religion and "Captive" Schools: Protestants, Catholics, and Education, 1945-1965, 56 DePaul Law Review 1177-1220 (2007).


• Edward C. Lyons, Reason's Freedom and the Dialectic of Ordered Liberty, 55 Clevland State Law Review 157-233 (2007).


• Frederick V. Perry, Shari'ah, Islamic Law and Arab Business Ethics, 22 Connecticut Journal of International Law 357-377 (2007).


• Nadine Strossen, Freedom and Fear Post-9/11: Are We Again Fearing Witches and Burning Women?, 31 Nova Law Review 279-314 (2007).


• Commentary: Law, Buddhism, and Social Change: A Conversation with the 14th Dalai Lama, September 20-21, 2006. Introduction by Rebecca R. French; articles by Rebecca R. French, Kenneth M. Ehrenberg, David M. Engel, R.A.L.H. Gunawardana, James L. Magavern, Kenneth Shockley, Vesna Wallace and Richard W. Whitecross; panelists: Timothy Brook, George Dreyfus, Kenneth Ehrenberg, David Engel, Rebecca French, Leslie Gunawardana, George Hezel, His Holiness the Dalai Lama, James Magavern, Elizabeth Mensch, Fernanda Pirie, Frank Reynolds, Lobsang Shastri, Kenneth Shockley, Winnifred Sullivan, Vesna Wallace and Richard Whitecross. 55 Buffalo Law Review 635-735 (2007).

Church Can Sue City for Damages, But Not Injunction, In Zoning Dispute

In Family Life Church v. City of Elgin, 2007 U.S. Dist. LEXIS 70545 (ND IL, Sept. 24, 2007), an Illinois federal district court permitted a church and a homeless person served by it to move ahead with some of their claims against the city of Elgin, Illinois, but dismissed other of their claims. Plaintiffs were permitted to move ahead with claims for damages growing out of Elgin's delay in granting the church a conditional use permit that resulted in the closure of a homeless shelter that had operated church property. However, since the church now had a conditional use permit, the court rejected plaintiffs' attempt under RLUIPA and state law to enjoin Elgin's use of its zoning code in the future to prevent the church from using its property for a homeless ministry.

Courts Face Childrens' Religious Claims Regarding Treatment of Fathers' Bodies

In two rather different recent case, courts have been faced with religious claims by children regarding the handling of their fathers' body after death. In Stone v. Allen, 2007 U.S. Dist. LEXIS 71893 (SD AL, Sept. 25, 2007), the daughter of death row inmate Thomas Arthur sought a preliminary injunction to prevent authorities from performing an autopsy on her father after his execution. She alleged that the autopsy violated her religious beliefs, and would interfere with her right to possess and dispose of her father's body. Her father was not a party to the lawsuit. The court held that a performance of an autopsy on plaintiff's father would not infringe plaintiff's First Amendment Free Exercise rights. In fact, Arthur has not yet been executed because Alabama Gov. Bob Riley at the last minute on Thursday issued a 45-day stay of execution so that the state can complete plans to change its lethal injection protocol. (Birmingham News.)

Meanwhile, in Franklin, Tennessee, a Williamson County Chancery Court Judge has issued a temporary injunction preventing the cremation of Howard Lee Rothenstein, who died Sept. 21. Today the court will hold a hearing on the dispute between Rothstein's wife who wants his remains created, and Rothstein's son who says that his father is Jewish and should be buried according to Jewish traditions. Friday's Tennessean says that court papers filed by the son object to his stepmother's plans for the body, saying "cremation is particularly disrespectful to this decedent since he ... had relatives whose bodies were burnt by the Nazis during the Holocaust."

Fire Company's Role In Transporting Virgin Mary Statue Criticized

Americans United for Separation of Church and State has written the Jackson Mills, New Jersey Fire Company complaining of its role in transporting a 9-foot tall statue of the Virgin Mary between area churches. AU says that the fire department's activities create an "unmistakable message" of governmental endorsement of religion, particularly of the Catholic faith. (Text of Sept. 26 Letter). The tour of the statue around New York, in commemoration of the anniversary of 9-11, is sponsored by the Ohio-based Our Lady of America Center. According to the AU Release:

In New York, the firefighters, dressed in their official uniforms, carried the statue into the Church of St. Peter and helped install it near the altar. In Howell, the firefighters transported the statue to St. Veronica’s Roman Catholic Church and used a fire truck, with lights flashing and sirens blaring, as part of a processional that culminated in the parking lot of the church.

The motorcade also included fire trucks from nearby Jackson Township and police vehicles. The firefighters then joined members of the Knights of Columbus in carrying the statue into the church, and the event concluded with a special mass.

Rastafarian High Schooler Disciplined For Violating Dress Code

In the small town of Leakey, Texas, high school student Ben Daley—a former Baptist who became a Rastafarian—is in conflict with his high school that insists he cut his hair in order to comply with the school’s dress code. Daley—who says his religious beliefs require long hair-- is being isolated from the rest of his classmates in an alternative program until he complies with the school’s demand. Internet Broadcasting reports that school superintendent Fred McNeil says he needs support from the school board before he can grant Daly an exception from the dress code for religious reasons. The Leakey Star reports that Daley and his father spoke before the school board earlier this month, asserting Ben’s constitutional rights. Board president Jerry W. Bates says no ruling will be made by the board until next month’s meeting. Meanwhile Ben was prohibited from participating in this month’s Homecoming activities. Ben’s father, John Daley, has contacted a San Antonio TV station and the ACLU for assistance.

Hawaii Supreme Court Rejects Free Exercise Defense In Marijuana Case

In State v. Sunderland, (HI Sup. Ct., Sept. 21, 2007), the Hawaii Supreme Court held that the First Amendment's Free Exercise clause is not a viable defense to a prosecution under state law for illegal possession of marijuana. The court also found that defendant Joseph Sunderland failed to preserve for appeal his argument that use of marijuana for religious purposes in his own home is protected by his right to privacy. Three justices dissented on this point, but, after reaching the merits of the privacy argument, only one of those three concluded that Sunderland's defense should prevail. (Text of dissents 1, 2, 3).

KY County Removes 10 Commandments Display After Adverse Court Decision

The AP reports that last Wednesday, Garrard County, Kentucky officials took down a Ten Commandments display from the walls of the Fiscal Court. The action follows the decision earlier this month in American Civil Liberties Union of Kentucky v. Garrard County, Kentucky, 2007 U.S. Dist. LEXIS 70711 (ED KY, Sept. 5, 2007) in which a federal court suggested that the display of the 10 Commandments along with other historical documents violates the Establishment Clause. It found "sufficient evidence of the county's improper religious purpose in the extended history and evolution of the ... display" to deny defendant's motion for summary judgment. Summarizing the issue in the case, the court asked: "If a county gets it wrong in displaying the Ten Commandments, what does it then take to get it 'right' such that it passes constitutional muster?" (See prior related posting.)