Wisconsin University Bans Dorm RA From Leading Bible Study

The University of Wisconsin at Eu Claire finds itself in the middle of a controversy over its policy restricting dormitory Resident Assistants from hosting religious or political events in residence halls, according to a report last week from the Milwaukee Journal Sentinel. In a letter, Deborah Newman, the university's associate director of housing and residence life told R.A. Lance Steiger that he could not continue leading a Bible study group in the basement of his dormitory, though he could do so outside the dorm. An e-mail from her earlier this fall to Steiger said: "As a state employee, you and I have a responsibility to make sure we are providing an environment that does not put undue pressure on any member of our halls in terms of religion, political parties, etc. As a 'leader' of a Bible study, one of the roles is to gather and encourage people to attend. These two roles have a strong possibility to conflict in your hall."

The Foundation for Individual Rights in Education (FIRE) has written the university objecting to its policy, calling the ban unlawful and an "immoral restriction of religious liberty." "Unless they're on the clock 168 hours a week, which they're not, they have dual capacity as do all state employees," said David French, president of the foundation. "They have private lives. . . . We're not talking about Bible studies as part of an official R.A. function. We're talking about on their own time a function that is completely optional." (FIRE Press Release.) [Thanks to Brad M. Pardee via Religionlaw for the information.]

International Religious Freedom Report Released

Yesterday, the U.S. State Department released its seventh annual International Religious Freedom Report to Congress as required by the International Religious Freedom Act of 1998. It redesignates Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Vietnam as "Countries of Particular Concern" (CPC) for severe violations of religious freedom. The same countries were listed as CPCs in the 2004 report. The report found improvements in religious freedom in Turkmenistan and Georgia, but ongoing serious abuses remain in Uzbekistan, Azerbaijan and Belarus. The Associated Press reported on other findings in the report. The report cites Saudi Arabia for denying religious freedom to non-Muslims. It also found some problems with other allies including Israel, Belgium, France, Germany and Pakistan. In Israel, the report said, some non-Jews, primarily Arab Muslims and Christians, are discriminated against in education, housing and employment. (See earlier related posting.)

FLDS Trust To Be Revised

The Salt Lake Tribune reports today that Utah Judge Denise Lindberg announced that the trust that holds the property of the Fundamentalist Church of Jesus Christ of Latter Day Saints will be administered by a neutral board of trustees, removing any control from the church priesthood. The priesthood will continue to control the religious side of the church. Also witnesses testified that most of this year's FLDS property tax bill of $1.2 million has not been paid, even though the church is apparently receiving "great sums of money." as donations. The money is allegedly is being used to build a new FLDS community in Texas.

Bruce Wisan, a special fiduciary appointed in May to protect UEP assets, said the church in the past has collected money from its members to pay taxes. This year, the faithful have been told "to do nothing" to help cover the bill, he said. FLDS, a sect that encourages polygamous marriage, has been the subject of numerous enforcement initiatives recently. (See prior posting.)

Protestants Sentenced By China Court For Illegal Printing of Bibles

A Chinese court today sentenced a Protestant minister, Cai Zhuohua, to prison for 3 years on charges of "illegal business practices" for printing Bibles and other Christian publications, according to a report from Reuters. His wife was sentenced to a 2 year term, and her brother received an 18 month sentence. Fines were also imposed. A fourth defendant, charged with "secretly storing illegal goods", was not sentenced after she cooperated with the prosecution. In China, printing of Bibles and other religious publications needs approval from the State Bureau of Religious Affairs. 200,000 Bibles had been found in Cai's warehouse. (See prior posting.)

Challenge To No-Beard Rule In Florida Prisons Moves Forward

In Muhammad v. Crosby, the Florida Court of Appeal decided on Nov. 7 that a Muslim inmate's claim under Florida's Religious Freedom Restoration Act could move forward. The inmate , Akeem Muhammad, challenged prison rules requiring him to be clean shaven, arguing that this substantially burdens his exercise of religion. The court reversed the trial court's holding that the case should have been brought as a declaratory judgment action rather than as a claim for mandamus. The appellate court also reversed the trial court's placing of a lien on Muhammad's prison account to pay for his filing fees.

UPDATE: On Jan. 10, 2006, the court released for publication a revised opinion reaching the same result, Muhammad v. Crosby.

Indian Court Strikes Down Set-Aside for Muslims

In India the High Court for the state of Andhra Pradesh High Court struck down an Ordinance providing for a 5% reservations for Muslims in government jobs and educational institutions. The BBC yesterday reported that the five-member court held that the act violates the constitution, which does not allow reservations on the basis of religion. The court criticized the reasoning of the Andhra Pradesh Backward Class Commission that had recommended the set-aside, saying the commission had not gathered sufficient data or evolved a proper mechanism for subjecting Muslims to a test of social backwardness. An appeal to the Supreme Court of India is expected.

California Church Warned By IRS Because of 2004 Anti-War Sermon

Today's Los Angeles Times reports that All Saints Episcopal Church in Pasadena could lose its tax-exempt status because of an anti-war sermon given two days before the 2004 Presidential election. The Internal Revenue Service sent a warning letter on June 9 to the church, one of Southern California's largest and most liberal. The church's former rector, the Rev. George F. Regas, had imagined Jesus participating in a political debate with then-candidates George W. Bush and John Kerry. Regas said that "good people of profound faith" could vote for either man, and did not tell parishioners whom to support. But he criticized the war in Iraq, saying that Jesus would have told Bush, "Mr. President, your doctrine of preemptive war is a failed doctrine. Forcibly changing the regime of an enemy that posed no imminent threat has led to disaster."

Marcus Owens, the church's tax attorney, said "I doubt it's politically motivated. I think it is more a case of senior management at IRS not paying attention to what the rules are." Six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to front-line agents, Marcus said.

The IRS has offered to settle with All Saints and not move to the exam stage if the church admits to improper election activity. However the church refused the offer.

UPDATE: The Los Angeles Times has published an interesting background article on the IRS and political activities by religious organizations.

ADL Leader Criticizes Conservative Christian Groups

At a meeting in New York of the Anti-Defamation League's national commission over the weekend, ADL Director Abraham Foxman charged that institutionalized Christianity in the U.S. has grown so extremist that it poses a tangible danger to the principle of separation of church and state and threatens to undermine the religious tolerance that the Jewish group promotes. Ha'aretz on Sunday reported that Foxman in his speech said: "Today we face a better financed, more sophisticated, coordinated, unified, energized and organized coalition of groups in opposition to our policy positions on church-state separation than ever before. Their goal is to implement their Christian worldview. To Christianize America. To save us!" He particularly singled out Focus On Family, Alliance Defense Fund, the American Family Association, and the Family Research Council as groups that concern him.

Churches Urge Yes Vote On California Prop. 73

In California yesterday, churches became the focus of those supporting Proposition 73, a proposed state constitutional amendment that would require doctors to notify parents 48 hours before perfuming an abortion on anyone under 18. Today's Los Angeles Times reported on the organized efforts in congregations, particularly in Protestant mega-churches, to encourage their members to vote for the amendment on Tuesday. The California Catholic Conference distributed homilies for priests to read at the state's 1,100 parishes and provided bulletin inserts and other materials on its website. Among the techniques used by supporters was a DVD shown on large screens in mega-churches. At other churches, organizers et up information tables.

Two Newly Published Law Review Symposia

From SmartCILP:

Brigham Young Law Review, Vol 2005, Issue 3 is an International Law and Religion Symposium titled Religion in the Public Sphere. The full text of all the articles is available online.

The American Journal of Comparative Law, Vol. 54, No. 4 (Fall 2004) has just published a symposium on Law, Religion and Secularism. Articles include:
Lama Abu-Odeh, The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia;
Christina Jones-Pauly & Neamat Nojumi, Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan;
Abdulmumini Adebayo Oba, The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction;
Seval Yildirim, Expanding Secularism's Scope: An Indian Case Study.

In Israel, Efforts To Restore the Sanhedrin

In Israel, for over a year a group of rabbis has been attempting to re-establish the Sanhedrin, the traditional court of 71 rabbis that existed in ancient Israel. Arutz Sheva reported on Friday that at a conference last week, the project organizers presented the project to the public, seeking broader involvement it. Rabbi Adin Even-Israel Steinsaltz publicly accepted the position of Nassi, President of the Sanhedrin. Members of the Court delivered reports outlining how the nascent Sanhedrin is already working toward fulfilling the leadership role that the Sanhedrin would fulfill. Among the projects currently being worked on is the Beit Din Bein HaAm v'HaMedina, the Court Dealing With the Relationship Between the Nation and the State. This Court recently was allowed by an Israeli secular judge to decide whether an arrested Gaza disengagement protester should agree to restricted conditions in exchange for release from prison.

Viet Nam Claims Progress In Assuring Religious Freedom

Nhan Dan, the official newspaper of the Communist Party of Viet Nam, yesterday published an extensive and optimistic assessment of the progress the country has made in assuring free exercise of religion one year after the implementation of the Belief and Religion Ordinance.

ID Trial Closes; More About Its Origins; Interested Reporter Attends

Yesterday, closing arguments were held in the Ktizmiller trial, pitting the Dover, Pennsylvania school board that advocates teaching of intelligent design against parents of school students challenging the school's policy. The Associated Press reported that Friday marked the conclusion of the six-week trial that featured expert witnesses debating intelligent design's scientific merits and disagreements among other witnesses over whether creationism was discussed in school board meetings months before the curriculum change. U.S. District Judge John E. Jones III said he hoped to issue a ruling by early January.

Meanwhile, yesterday the New York Times reported that the idea of introducing intelligent design was originally suggested to the Dover school board by an advocacy group hoping to create a test case. For years, a lawyer for the Thomas More Law Center in Michigan visited school boards around the country seeking one willing to challenge evolution and to face a high-profile trial. The Dover school board agreed despite a memo from its lawyer, Stephen S. Russell, warning that if the board lost the case, they would have to pay its opponents' legal fees. In the memorandum, made public in court on Wednesday, Mr. Russell advised that opponents would have a strong case because board members had a lengthy public record of advocating "putting religion back in the schools."

In a final twist of irony, the Pittsburgh Post-Gazette today says that one of the reporters covering the high profile trial for Harper's magazine is Matthew Chapman, great-grandson of Charles Darwin, whose theory of evolution has been central to the case. Chapman's comment on the proceedings: "All of this is so unnecessary. People can believe in God and they can believe in evolution, too."

State Employee Claims Right To Send Religious Views By E-Mail From Work

Agape Press reported yesterday on an appeal to the California State Personnel Board filed last week on behalf of a state employee by the Pacific Justice Institute. The employee, who works for a California state agency, read an article in a national magazine featuring a lesbian attorney and her partner. She was troubled by a statement in the article attributed to the attorney, "Hypocrisy occurs when religion is used to justify why two people should not be married." The employee e-mailed the attorney from work, expressing her beliefs concerning religion and homosexuality and quoting several verses from the Bible. The attorney contacted the state employee's supervisors, complaining about the e-mail and saying that the use of scripture was harassing. After an investigation, the employee was suspended for 30 days without pay.

The appeal argues that workers' rights to express their religious convictions -- "especially when they are acting in their personal capacity"-- should be preserved. Particularly because other state employees are permitted to send e-mails on other topics in their free time, the Pacific Justice Institute contends that this employee is being "punished simply because [her] opinion happens to be from a Christian perspective."

6th Circuit Dismisses Claims Growing Out of Church Discipline

In Ogle v. Church of God, (6th Cir., Oct 31, 2005), the U.S. Sixth Circuit court of Appeals held that the courts lack subject matter jurisdiction as a matter of First Amendment law over a suspended clergyman's claims of breach of implied contract, tortious interference with business relationships, invasion of privacy, conspiracy, intentional infliction of emotional distress, and defamation. The claims were filed after the Church of God delayed reinstating Troy Ogle as a pastor after his one year suspension by the church. An ecclesiastical panel had found Ogle guilty of conduct unbecoming a minister and ordered him to undergo counseling. The court held that the Free Exercise clause bars the court from adjudicating the numerous civil claims which Ogle had filed because they all grew out of church internal disciplinary proceedings. Those proceedings were initiated because Ogle's actions in making sexual advances to other men violated the Church of God Minutes of the General Assembly.

Alito Student Article On Establishment Clause Issue

While a student at Yale Law School in 1974, now-Supreme Court nominee Samuel Alito published a lengthy Note in the Yale Law Journal that has been posted online. It is titled The "Released Time" Cases Revisited: A Study of Group Decisionmaking by the Supreme Court. It discusses the McCollum and Zorach cases-- involving release of public school students from class activities to attend religious instruction-- from the perspective of the interaction of various members of the Court. The Yale Law Journal has created a discussion board for posting of comments on Alito's 1974 Note. [Thanks to Marty Lederman via Religionlaw for the information.]

Alito Believes Court Has Gone Too Far In Church-State Separation

According to today's New York Times, Senators who have spoken with Supreme Court nominee Samuel A. Alito Jr. say that Alito believes the Supreme Court may have gone too far in its rulings on separation of church and state. Senator John Cornyn, a Texas Republican on the Judiciary Committee, said that Thursday in a private meeting Judge Alito expressed empathy for "the impression that the court's decisions were incoherent in this area of the law in a way that really gives the impression of hostility to religious speech and religious expression."

Belarus Has Not Yet Responded To U.N. Charges

Forum 18 today reports that Belarus has not yet formally responded to a November 12 deadline set by the United Nations Human Rights Committee for confirming that the country has corrected a religious freedom violation against Hare Krishna followers. The U.N. body found that Belarus had violated Article 18 of the International Covenant on Civil and Political Rights (ICCPR). The August 23 resolution (Communication 1207/2003) came in response to a formal complaint by two Krishna devotees, Sergei Malakhovsky and Aleksandr Pikul, that the government of Belarus had refused registration to their Krishna Consciousness Society at the building it used as a temple in Minsk.

Islamic Group Sues Media And Pro-Israel Supporters For Conspiracy To Deny Free Exercise

The Islamic Society of Boston (ISB) has charged supporters of Israel with defamation and conspiring to violate its civil rights in a lawsuit filed in Suffolk County Superior Court. Yesterday's Boston Jewish Advocate reported on recent developments. The suit was originally filed in May against the Boston Herald and Fox 25 News. This week, ISB added as defendants Anna Kolodner who is director of education of the David Project, as well as author and lecturer Steven Emerson of the Investigative Project, Steven Cohen and Dennis Hale of the group Citizens for Peace and Tolerance and William Sapers. The suit charges that defendants conspired in "a concerted, well-coordinated effort to deprive the Plaintiffs, who are members of the Boston area Muslim community, of their basic rights of free association and the free exercise of religion." The 58-page complaint alleges an elaborate web of connections between the defendants, all aimed at undermining the ISB’s $22 million mosque and cultural center project under construction in Roxbury.

Jeffrey Robbins who is representing the David Project said that the concerns raised in articles by the Herald and shared by members of the David Project alleging connections between ISB officials and extremist Islamic groups were legitimate causes for investigation. "You might have hoped that the Islamic Society, when they received these questions, would have sought to answer them. But instead the course chosen was to try and intimidate those who ask, which in itself speaks volumes about what this is about."

Burundi Declares Eid al-Fitr A Public Holiday

BBC reported yesterday that the African nation of Burundi, which has just emerged from a 12-year civil war, has for the first time has declared the Muslim festival of Eid al-Fitr a public holiday. Information Minister Karenga Ramadhani said the government wanted to redress an injustice against the 8%- 10% minority Muslim community. Most Christians to whom the BBC correspondent spoke were happy to have another public holiday.