New Articles and Book of Interest

From SSRN:
Daniel O. Conkle, The Establishment Clause and Religious Expression in Governmental Settings: Four Variables in Search of a Standard , (West Virginia Law Review, Vol. 110, No. 1, 2007).

From SmartCILP:
Richard L. Kaplan, Honoring Our Parents: Applying the Biblical Imperative In the Context of Long-Term Care, 21 Notre Dame Journal of Law, Ethics & Public Policy 493-515 (2007).

Kenneth L. Marcus, Anti-Zionism as Racism: Campus Anti-Semitism and the Civil Rights Act of 1964, 15 William & Mary Bill of Rights Journal 837-891 (2007).

Selected Papers from the Terrence J. Murphy Institute Conference. Public Policy, Prudential Judgment and the Catholic Social Tradition. Articles by Charles M. A. Clark, R. Mary Hayden Lemmons, Robert K. Vischer and Andrew Yuengert. 4 University of St. Thomas Law Journal 1-86 (2006).

New Book:
Peter Irons, God on Trial: Dispatches from America's Religious Battlefields (Viking, May 2007), reviewed by AP.

EEOC Sues On Behalf Of Sikh Employee

The Sikh Coalition reports that last Thursday the Equal Employment Opportunity Commission filed suit on behalf of Sukhvir Kaur, a Sikh woman, against National Wholesale Liquidators, charging religious, gender and national origin discrimination. An April press release by the Coalition provides background on the case in which, among other things, Kaur's manager told her that Sikh employees are "thieves", and retaliated against her for rebuffing his advances.

Romney's Mormon Faith Continues to Be An Issue In Campaign

The Mormon religious faith of Republican presidential hopeful Mitt Romney continues to be an issue. The AP reported yesterday that Sen. John McCain's campaign has apologized to Romney for comments made by a McCain volunteer in April at a meeting of Iowa Republicans. McCain's Warren County, Iowa, chairman, Chad Workman, apparently questioned whether Mormons are Christians and said that the Mormon Church supports Hamas. In response to a question, he also compared Mormon women to the Taliban. At a Salt Lake City fundraiser yesterday, Romney complained that rival campaign attacks on his religious beliefs are too frequent. (AP). (See prior related posting.) Meanwhile, The Politico reports that Utah lawyer Ryan Bell has set up a blog to "counter the ever more frequent misinformation being published in the political sphere about the LDS church and its beliefs."

Muslim Girl's Soccer Team Rejected From League Because of Hijab

Scotland on Sunday reports that a ruling by the International Football Association Board prohibiting Muslim women players from wearing a hijab (headscarf) has been applied to prevent competitive play by the Ansar Women's team from the east end of Glasgow. A majority of the girls on the team wear a hijab. The ruling apparently prevents the promising team from being admitted to the Scottish Women's Football Association. (See prior related posting.)

Obama Addresses Church Group-- Says Faith Has Been Hijacked

The New York Times reports that Sen. Barak Obama, a Democratic presidential hopeful, yesterday addressed the United Church of Christ -- the denomination to which he belongs-- at its General Synod on the occasion of its 50th anniversary. Obama said that religion has a role to play in American politics, but that now "faith got hijacked" and is "being used to drive us apart". A video of Obama's full address is available from the UCC's website. [Corrected. Thanks to Donald C. Clark, Jr. for details.]

UPDATE: Former Reagan White House aide Jeffrey Lord, writing in Monday's issue of The American Spectator, takes the UCC to task, claiming that Obama's speech crossed the line of permissible political activity by non-profit groups. His strongly worded critique argues that Obama's long-scheduled appearance should have been cancelled after he became a candidate in the Democratic presidential race.

UPDATE: Rev. Barry Lynn, Director of Americans United for Separation of Church and State, says that Obama's appearance should not be seen as creating problems under the Tax Code. He says that Obama's reference to his Presidential bid did not turn his appearance into an endorsement from UCC.

Pastor's Trial Delayed Until MN Supreme Court Rules On Clergy Sex Statute

In Winona, Minnesota last Thursday, the criminal trial of Rev. Donald Dean Budd was postponed until the Minnesota Supreme Court hands down its ruling on the constitutionality of the state's statute that criminalizes sexual conduct between a member of the clergy and someone receiving spiritual or religious advice from the minister. Friday's Winona Daily News reports that Budd has been charged with 10 counts of criminal sexual conduct for his relations with a woman he was counseling. On April 10, the Minnesota Supreme Court heard arguments in Minnesota v. Bussman (case summary), challenging Minn. Stat. § 609.344, subd. l(ii) on vagueness and Establishment Clause grounds.

Recent Prisoner Free Exercise Cases

In Jones v. Richwine, 2007 U.S. Dist. LEXIS 44800 (SD IN, June 18, 2007), an Indiana federal district court rejected a free exercise claim by a maximum security inmate who was not permitted to attend group church services, but was permitted to meet individually with a chaplain or minister.

In Smith v. McDonough, 2007 U.S. Dist. LEXIS 44577 (MD FL, June 20, 2007), a Florida federal district court dismissed as frivolous a free exercise challenge to grooming regulations of the Florida Department of Corrections. The challenge was filed by an inmate who claimed to be a practicing Rastafarian whose religious beliefs require him to wear a beard and long hair.

In McCree v. Pocock, 2007 U.S. Dist. LEXIS 44594 (ND GA, June 19, 2007), a Muslim prisoner claimed that his rights under RLUIPA were violated when prison officials refused to permit him to transfer between pods on Fridays in order to participate in Jumu'ah prayers. A Georgia federal district court refused to grant summary judgment for either party, holding that "a genuine issue of fact exists as to whether the Defendant has engaged in the least restrictive means of furthering its compelling government interest in the safety and security of its facility. If the Plaintiff is able to demonstrate that Jumu'ah requires an Imam or at least two other Muslims, the Defendant must prove that its policy of prohibiting the transfer of Muslims on Fridays and refusing to place the Plaintiff in a housing unit with at least two other Muslims is the least restrictive means of furthering its compelling interest."

In Singleton v. Morales, 2007 U.S. App. LEXIS 13931 (9th Cir., June 11, 2007), the 9th Circuit in a brief opinion affirmed a district court decision rejecting a Muslim prisoner's free exercise claim because the prisoner "did not raise a genuine issue of material fact as to whether his Koran was so damaged that he was prevented from practicing his religion." The prisoner failed to exhaust his administrative remedies on another claim-- that his Koran had been confiscated. (See prior related posting.)

In Washington v. Fannon, 2007 U.S. Dist. LEXIS 42860 (ED CA, June 13, 2007), a California federal Magistrate Judge recommended rejection of a free exercise claim by a Muslim prisoner who claimed he was prevented from participating in the Ramadan fast when officers removed food from his Ramadan food tray. The only evidence in the record involved failure to receive a cup of coleslaw on one occasion.

Court Invalidates Selective Religious Exemptions In Ohio's Public Employee Law

In Katter v. Ohio Employment Relations Board, (SD OH, June 21, 2007), an Ohio federal district court declared a portion of Ohio’s public employee collective bargaining law unconstitutional under the Establishment Clause. Ohio Revised Code 4117.09(C) provides that certain employees who object to union membership on religious grounds may instead contribute an amount equal to union fees to a nonreligious charity. The exemption, however, applies only to members of a bona fide religious body that has historically held conscientious objections to joining or financially supporting labor unions. The court held that this favors members of groups such as the Seventh Day Adventists and Amish Mennonites, while it discriminates against individuals such as Carol Katter, a Roman Catholic, whose objections are based on the union’s support for abortion rights. The court issued a declaratory judgment and enjoined the Ohio Employment Relations Board from applying the statute.

In reaching its conclusion, the court rejected arguments that plaintiff lacked standing and that the case was moot because the union had ultimately made accommodations for Katter. The court also recognized that its action does not assure that Katter will be awarded an exemption under Ohio law, but that she may well be entitled to accommodation under Title VII of the federal 1964 Civil Rights Act.

Vietnam President In US Is Pressed On Religious Freedom Concerns

During his current trip to the United States, Nguyen Minh Triet, the first Vietnamese president to visit the U.S. since the Vietnam War, is being pressed by members of Congress and the President on religious freedom issues. In a statement yesterday after meeting with Triet, President Bush said:

I also made it very clear that in order for relations to grow deeper that it's important for our friends to have a strong commitment to human rights and freedom and democracy. I explained my strong belief that societies are enriched when people are allowed to express themselves freely or worship freely.

In his response, Triet said:

Mr. President and I also had direct and open exchange of views on a matter that we may different [sic], especially on matters related to religion and human rights. And our approach is that we would increase our dialogue in order to have a better understanding of each other. And we are also determined not to let those differences afflict our overall, larger interest.

Today's Washington Post reports on the two leaders' exchange. The Associated Press reports that in a private meeting between Triet and senior members of Congress, lawmakers also emphasized their concerns with human rights in Vietnam.

North Carolina Will Not Appeal Case Permitting Any Holy Text For Oaths

The North Carolina Attorney General's office has announced it will not appeal a trial court ruling permitting religious texts other than the Christian Bible to be used to swear in witnesses and jurors in North Carolina courts. The Winston-Salem Journal reports on the decision not to appeal last month's ruling. The trial court held that as a matter of North Carolina common law, an oath could be administered on whatever text the witness or juror found most sacred and obligatory. (See prior posting.)

Greece, NY Town Board To Continue Unrestricted Invocations

The Town Board of Greece, New York plans to stick with its practice of permitting invited clergy to deliver invocations prior to the beginning of Board meetings, despite objections from the ACLU about the specific references to Jesus in some of the prayers. The Rochester (NY) Democrat and Chronicle reported yesterday that the Board selects clergy to invite from those they find in a local newspaper's listing of local religious services. All of those invited so far have been Christian, but town Supervisor John Auberger says that if someone from another faith wants a pre-meeting prayer from that tradition, the Board would make efforts to accommodate the request.

Meanwhile Friday’s Democrat and Chronicle published op-ed pieces on both sides of the issue – one from local ACLU director Gary Pudup and the other from Rev. Robert Brado, a local Christian minister.

Saudi Religious Police Come Under Increasing Scrutiny

Two stories published this week have indicated growing objections in Saudi Arabia to activities of the country's Commission for Promotion of Virtue and Prevention of Vice—the official police who enforce Islamic legal restrictions. On Thursday, The Economist reported that the press and public have increasingly complained about excessive zeal by the religious police —with some individuals actually suggesting that the Commission should be abolished. For the first time, one woman is demanding compensation for injuries suffered in an accident when agents recklessly drove her to headquarters for questioning. However, according to The Economist, the Commission serves the useful purpose of helping to solve the high unemployment problem in the country and absorbing the oversupply of Saudis who have obtained degrees in religious studies.

Meanwhile, Friday's Washington Post reports that three members of the religious police will stand trial today in the death of a former border patrol guard who died in their custody after being arrested for inviting a woman unrelated to him into his car. Officials are also investigating another death—this one of a man accused of possessing large amounts of alcohol. He died after being handcuffed and beaten by Commission police. Authorities are investigating other incidents as well. [Thanks to Jefferson Gray for the lead.]

UPDATE: The AP reported on Sunday that the trial of the 3 religious police force members has been postponed temporarily because documents presented by the victim's family were incomplete.

British Women Who Wear Niqab Featured

This morning's New York Times carries a front page article on the increasing number of Muslim women in Britain who are wearing the niqab-- the full-face veil and black gown covering the entire body except for a slit for the eyes. The Times comments: "Their appearance, like little else, has unnerved other Britons, testing the limits of tolerance here and fueling the debate over the role of Muslims in British life." The women interviewed for the article give religious, political and personal reasons for their decisions to wear the niqab.

Mennonnite Farmer Sues Claiming Animal ID System Infringes His Religious Beliefs

Yesterday, the Alliance Defense Fund filed suit in state court on behalf of Mennonite farmer, James Landis, challenging the requirement imposed by the Pennsylvania Department of Agriculture that Landis obtain a federal premise identification number in order to continue to ship his Muscovy ducks to live bird markets in New York City. (Press release). The requirement is the first step in a National Animal Identification System that is being developed to better trace diseased animals. Landis believes that any numbering system imposed on him violates the command in Revelation Chaps. 13-14 to avoid the mark of the beast. The complaint (full text) in Landis v. Wolff alleges that the Agriculture Department's demand violates Landis' right to the free exercise of religion protected by the Pennsylvania Constitution (Art. I, Sec. 3) and by the Pennsylvania Religious Freedom Protection Act.

White House Rally on July 4th To Call For Pagan Military Chaplain

On the 4th of July, a group of pagan religious leaders will lead a rally in Lafayette Square, across from the White House, to call for the appointment of a Pagan military chaplain and request approval of more Pagan religious symbols by the Department of Veterans Affairs. A news release carried yesterday by PR Newswire says that among the speakers will be Rev. Marcia Drewry of Sacred Well Congregation who led the first Wiccan Open Circle in Iraq in 2003. Additional information on the rally is available at the Pagan Religious Rights Now website.

ADF Defends Sectarian Legislative Prayers In Ohio

As previously reported, the Ohio House of Representatives has guidelines calling for invocations offered by invited clergy to be non-denominational, non-sectarian and non-proselytizing. Now at the request of Ohio Rep. Diana M. Fessler, the Alliance Defense Fund (press release) has submitted a memo concluding not only that sectarian invocations are constitutional (so long as government does not exploitatively promote one religion to the exclusion of others), but also that the Ohio House Guidelines for Guest Ministers are unconstitutional because they require clergy to submit their invocations for approval 72 hours in advance. ADF also submitted a model policy on opening invocations that it suggested the Ohio House adopt.

British High Schooler Sues For Right To Wear "Chastity Ring"

In Britain, a 16-year old high school student, Lydia Playfoot, is filing suit against her West Sussex high school because it refuses to permit her to wear a "chastity ring". InTheNews today reports that teachers at the Millais School placed Lydia in "isolation" after she refused their request that she remove the ring that she began wearing after attending an event sponsored by The Silver Ring Thing, a religious organization that promotes abstinence until marriage among teenagers. The school has a "no jewellery" policy. Lydia claims the school's action violates the Human Rights Act protection of her right to practice her religion. The school, however, says that the ring is not an integral part of the Christian faith.

NM Coach Settles Religious Discrimination Suit Against Him

The Associated Press reports that New Mexico State University football coach Hal Mumme yesterday announced a settlement in a lawsuit brought against him and and the University charging religious discrimination and infringement of the free exercise of religion. The suit had been filed by four former Muslim football players who claimed that Mumme created an atmosphere hostile to Islam and pressed team members to recite the Lords Prayer after practice and before games. Both parties have agreed to keep the terms of the lawsuit settlement confidential for six months. (See prior related posting.)

OR Supreme Court To Hear Divorced Parents' Fight Over Son's Circumcision

According to a report yesterday by the Associated Press, the Oregon Supreme Court has agreed to review a case in which divorced parents are arguing over whether their 12-year old son who wishes to convert to Judaism can be circumcised. (See prior posting.) The father, James Boldt, who has custody of the boy and who has himself converted to Judaism, wants the boy to be circumcised. He claims that as custodial parent, he has the right to raise his son in his religion. The boy's mother says her son is afraid to tell his father that he objects to the procedure.

Alevi Seek Separate Recognition In Turkey

In Turkey, in a hearing earlier this week, the Cem Foundation appealed a refusal by the Prime Minister's Religious Affairs Directorate to recognize Alevism as a separate religious group. In the case, argued before Ankara's 6th Administrative Court, Alevi leaders want the government to register cem evleri as a house of prayer, allocate positions in the Religious Affairs Directorate to Alevi leaders and allocate funds for Alevi religious practices. The Religious Affairs Directorate argues, however, that Alevism is merely a sect within Islam, and is not a separate religious group. Today's Zaman reports on the case, and says that Alevi leaders plan to appeal to the European Court of Human Rights if they lose in the Administrative Court.