Recent Articles On Law and Religion

From SSRN:
Qerkin Berisha, The Right to Nondiscrimination in the Context of Kosovo, (2005).

Ali L. Khan, Combating Defamation of Religions, (The American Muslim, January 1, 2007).

From SmartCILP:
Dominique Custos, Secularism in French Public Schools: Back to War? The French Statute of March 15, 2004, 54 American Journal of Comparative Law 337-399 (2006).

Richard Hardack, Bad Faith: Race, Religion and the Reformation of Welfare Law, 4 Cardozo Public Law, Policy & Ethics Journal 539-649 (2006)

Gidon Sapir, How Should a Court Deal With a Primary Question That the Legislature Seeks to Avoid? The Israeli Controversy Over Who Is a Jew As an Illustration, 39 Vanderbilt Journal of Transnational Law 1233-1302 (2006).

Michele Alexandre, Big Love: Is Feminist Polygamy an Oxymoron Or a True Possibility?, 18 Hastings Women's Law Journal 3-30 (2007).

Jay Michaelson, In Praise of the Pound of Flesh: Legalism, Multiculturalism, and the Problem of the Soul, 6 Journal of Law in Society 98-153 (2005).

Eighth Grader Sues School To Be Part of "Silent Solidarity"

Last week, the Alliance Defense Fund (release) filed suit on behalf of a Clifton Park, NY eighth grade student who, with several friends, was prevented from expressing pro-life views in school during the "3rd Annual Students' Day of Silent Solidarity" sponsored by the Christian youth organization Stand True. The middle school student attempted to hand out leaflets, wore a t-shirt with a pointed message on it, and wore tape over his mouth for the day with the word "Life" on the tape. The student had obtained permission from his teachers to remain silent in class that day. The students were instructed by the principal to turn their t-shirts inside out so the messages could not be read, to dispose of the fliers and to remove the tape on their mouths. Students who had already received fliers were instructed to hand them to school officials. The suit alleges violation of plaintiff's free speech rights, arguing that the principal's action constituted viewpoint discrimination and imposition of a prior restraint, and claims school regulations were unconstitutionally vague and that plaintiff was denied equal protection of the laws. (Full text of complaint.)

California Senator Rescinds Award To Islamic Activist

Democratic U.S. Senator from California, Barbara Boxer, has rescinded a certificate of achievement award that her office gave to Sacramento Islamic activist Basim Elkarra last November, according to CAIRwatch attacked the award, claiming that the group Elkarra represents -- Council on American Islamic Relations -- holds extremist views and supports international terrorist organizations such as Hamas and Hezbollah. CAIR spokesman Hussam Alyoush says his group is being attacked because of its criticism of Israel. Yesterday CAIR issued a press release giving its official response, anindicatingng that Senator Boxer has indicated she is willing to meet with CAIR officials to hear their views.

Tennessee County Commission Hesitates On 10 Commandments Settlement

The Rutherford, Tennessee County Commission is balking over approving the settlement of a lawsuit filed against it in 2002 by the American Civil Liberties Union challenging the county’s decision to post the Ten Commandments at the county courthouse. The Murfreesboro, TN Daily News Journal today reported on developments. In September, the federal district court issued a declaratory judgment in favor of the ACLU, and now County Mayor Ernest Burgess has recommended approval of a settlement in which the county would agree not to appeal the preliminary injunction and would pay $50,000 of the ACLU’s attorneys’ fees.

This past Thursday, the county’s Steering Committee refused to either accept or reject the proposed settlement, in part because county attorney Jim Cope was not at the meeting to answer questions. So the proposal will now go to the full County Commission for discussion. Mike Sparks, one of the Commissioners opposed to the settlement said, "This is nothing but a shakedown by the ACLU to use the taxpayers’ money to foot their agenda." But Steve Cates, a retired high school government teacher who was one of the plaintiffs said: "It's not the ACLU that has an agenda. It's various religious groups that has an agenda…. My people have been here since the early 1800s, and I don't get it. I understand the historical connection to Christian faith, but I also understand our country is composed of lots of other faiths. There's no need for the government to be using religion to be cruel to other people whether it be Christians or Muslims or whoever it is."

Georgia Governor Will Propose Elimination of "Blaine Amendment"

Southern Voice yesterday reported that Georgia Governor Sonny Perdue’s December 12 speech to state lawmakers outlining his 2007 legislative agenda includes a proposal to amend Georgia’s constitution (Sec. IX) to eliminate prohibitions on state funding of social services delivered by faith-based organizations. The proposed Faith and Family Services Amendment would eliminate Georgia’s prohibition on pending that directly or indirectly aids any religious denomination, and would instead impose only the same limitations that the federal constitution does. (Governor’s press release.) Larry Pelligrini, a gay rights activist and statehouse lobbyist, says that the proposal will allow social service agencies that receive state contracts to discriminate against gays and lesbians, as well as allowing them to proselytize clients who receive services from them. However Bert Brantley, speaking for the Governor’s office, said—without specifying details-- that the amendment would not foster anti-gay discrimination by religious groups. The same amendment failed to get approval of the Georgia legislature last year. (See prior posting.)

New Congress Is Religiously Diverse

The Baptist Standard today reprints a report from Religion News Service on the diverse religious make-up of the new Congress that was sworn in yesterday:

The new Congress will, for the first time, include a Muslim, two Buddhists, more Jews than Episcopalians and the highest-ranking Mormon in congressional history.

Roman Catholics remain the largest single faith group in Congress, accounting for 29 percent of all members of the House and Senate, followed by Baptists, Methodists, Presbyterians, Jews and Episcopalians.

While Catholics in Congress are nearly 2-to-1 Democrats, the most lopsidedly Democratic groups are Jews and those not affiliated with any religion. Of the 43 Jewish members of Congress, there is only one Jewish Republican in the House and two in the Senate. The six religiously unaffiliated members of the House all are Democrats.

The most-Republican groups are the small band of Christian Scientists in the House (all five are Republican), and members of the Church of Jesus Christ of Latter-day Saints (12 Republicans and three Democrats)—though the top-ranking Mormon in the history of Congress will be Nevada Sen. Harry Reid, the incoming Democratic majority leader.

Spokane Diocese Files Bankruptcy Reorganization Plan

The Seattle Times reports that yesterday the Catholic Diocese of Spokane, Washington filed a reorganization plan in U.S. Bankruptcy Court. The Diocese will pay $48 million to settle claims of sex abuse victims and other creditors. U.S. Bankruptcy Court Judge Gregg Zive who has acted as mediator says that the plan calls for parishes to raise $10 million, insurers will pay about $20 million, and the Diocese will raise the remaining $18 million through sales of assets and contributions from other Catholic entities. In addition, the plan calls for the Diocese to post the names of all known abusers on its website, furnish victims a forum to talk about their experiences, and have Spokane Bishop William Skylstad identify abusive priests from the pulpits of the parishes in which they served. The plan also sets out procedures to deal with claims that are asserted in the future by sex abuse victims who have not yet come forward. The plan must still be confirmed by U.S. Bankruptcy Court Judge Patricia Williams and then voted on by creditors. The Spokane Diocese will be the third diocese to emerge from a bankruptcy reorganization.

State Department Praises Ellison's Swearing-In

The State Department's USINFO website yesterday extensively covered Representative Keith Ellison being sworn in using the Quran. Ellison, a representative from Minnesota, is the first Muslim elected to Congress. In a story apparently designed to appeal to Muslims around the world, the State Department said:

The introduction of the Quran into congressional oath-taking is evidence of the growing religious diversity of the United States. The Quran used by Ellison during his January 4 ceremonial swearing-in is unique. It once belonged to Thomas Jefferson, drafter of the Declaration of Independence and third U.S. president. The Library of Congress, which obtained the book from Jefferson in 1815, loaned it to Ellison for the occasion. It is an English translation from the Arabic first published in London in 1734.

Jefferson, who gave much thought to religion, in 1802 wrote to the Danbury Baptist Association: “Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between church and State.”

Muslims first arrived in the United States in slave ships from Africa. One of these, Abdur Rahman Ibrahima ibn Sori, was brought from Guinea to Mississippi in the early 19th century. He won his freedom through the intercession of Mississippi Senator Thomas Reed and the sultan of Morocco, who successfully petitioned Secretary of State Henry Clay and President John Quincy Adams to free Sori.

Today, Muslim Americans number several million. Ellison’s election and his inclusion of the Quran in his swearing-in ceremony highlight the legacy of religious freedom enshrined in the Constitution and the contributions to American society made by people of diverse faiths.

Workday Minnesota yesterday said that at a community send-off in St. Anthony, MN, Ellison received blessings from a Baptist pastor, a Jewish rabbi, and a Muslim imam. Meanwhile on the floor of the House of Representatives, Ellison and Virginia Rep. Virgil Goode-- who had strongly criticized Ellison's use of the Koran-- shook hands and agreed to talk more at a later date. (Richmond (VA) Times Dispatch).

Iranian Musician Sentenced For Insulting Islam

Radio Free Europe/ Radio Liberty reported yesterday that Iranian authorities have sentenced a member of the well-known band, Shanbezadeh, to two years in prison for "insulting Islam" by playing religious music of the southern Iranian city of Bushehr during a performance in Paris last year. The court issued the judgment after watching a recording of the performance.

Suit Challenges Church's Eviction of Charter School

The Arizona Republic reports on arguments yesterday in Maricopa (AZ) County Superior Court in a lawsuit against Village of Oak Creek Community Church of the Nazarene which has evicted a state-run charter school from the church premises. Pastor Jeff Branaman said that when the church rented space to Desert Star Community School, it did not know that it would teach material that contradicted the church's beliefs. The church objects to some of the books used by the school, to fliers that used images of dragons, and to teaching of Greek mythology. Branaman said: "We take very seriously the Bible. . . . We have a personal relationship with Jesus Christ." However, Assistant Attorney General Michelle Swann representing the Sedona-area charter school argued that the church has engaged in religious discrimination. Judge Timothy Ryan has issued an order allowing the school to remain temporarily while he decides the case. A ruling is expected next Wednesday.

Park Service Still Sells Creationist Account Of Grand Canyon

The National Center for Science Education yesterday issued a release calling attention to the National Park Service's failure to carry through on its promise to review its 2003 approval for the sale at the Grand Canyon National Park Bookstore of a book that claims the Grand Canyon was created by Noah's flood instead of by geologic forces. The promise to review approval of Grand Canyon: A Different View was made to Public Employees for Environmental Responsibility (PEER) (Dec. 2006 press release). PEER renewed its call for review shortly after Mary Bomar took office as new director of the National Park Service.

India Court To Hear Challenge To Statue of Anti-Hindu Reformer

Today India's Supreme Court will hear arguments in a controversy over a statue of E.V. Ramasami Naicker, known as Periyar, that was put up in front of Sri Ranganathaswamy Hindu Temple in Srirangam, a small town in southern India. (Background from News Today.) A number of court cases have been filed to prevent the statue from being dedicated, and the statue was vandalized in early December. (India eNews.) Periyar, who died in 1973, was an atheist, anti-Hindu social reformer who founded the Dravidar Kazhagam, a radical party that, among other things, wanted to eliminate "untouchability".

A report yesterday from News Today says that the Supreme court arguments today focus on a request to have the statue covered pending a hearing on the underlying dispute scheduled in the Madras High Court. The controversial statue carries an inscription (quoting Periyar) that reads: "One who worships god is a barbarian. One who preaches about god is an idiot and one who professes any religion is a fraud." The suit alleges that allowing the statue to remain near the temple would infringe Constitutionally protected freedom of religion. The suit argues that it is the duty of the State to protect residents from injury or insult to their religious sentiments.

Ellison Will Use Thomas Jefferson's Quran For Swearing-In

Keith Ellison, the first Muslim elected to Congress, has demonstrated his political skill in dealing with his controversial plan to have his ceremonial swearing-in take place on the Quran. (See prior posting.) Yesterday's Washington Post reports that Ellison will use an English version of the Quran that once belonged to Thomas Jefferson. It is now held by the Library of Congress which acquired it in 1815 as part of a collection Jefferson sold for $24,000 to replace the congressional library that had been burned by British in the War of 1812. Rick Jauert, a spokesman for Ellison, said: "Jefferson's Quran dates religious tolerance to the founders of our country."

Minneapolis Airport Proposes To Suspend Muslim Cabbies Who Refuse Passengers

Last fall, the media reported widely on a proposal by the Minneapolis-St. Paul (MN) Metropolitan Airports Commission (MAC) to accommodate the religious concerns of some Muslim taxi drivers who objected to transporting passengers carrying openly displayed alcohol. (See prior postings 1, 2 .) It was less widely reported that the proposals were never adopted. Instead, according to yesterday's Minneapolis Star Tribune, the MAC staff is now proposing to suspend the license of any driver who refuses to transport a passenger for reasons other than safety concerns. The full commission is expected to vote to hold public hearings on the proposal that would suspend drivers who refuse on religious grounds to accept passengers transporting alcohol or service dogs (Islam considers the saliva of dogs unclean). The cabbie's airport license would be suspended for 30 days for a first offense and two years for a second offense.

Refusals of service on religious grounds has become a significant problem as a large percentage of airport cab drivers are Somali Muslims. However the Somali Justice Advocacy Center supports the proposed new penalties.

Muslims also have another disagreement with the Airports Commission. They want a separate prayer room at the airport. However MAC spokesman Patrick Hogan says that there is a quiet area currently open to everyone for contemplation and prayer, and separate space for a particular religion will not be provided.

Military Times Poll On Religion In Military Released

Blog from the Capital on Tuesday called attention to a poll published last week by the Military Times, asking questions about race and religion in the military. 55% of respondents said that religion does not play a more important part in military life today than when they first joined the service. 80% said they feel free to practice and express their religion in the military. Asked how often military events they attended other than meals and chapel services began with a prayer, 36% said once per month while 25% said never.

The methodology used for the poll makes it unclear how accurate it is in reflecting the opinions of the entire military. Military Times mailed questionnaires to 6,000 people drawn at random from its list of active-duty subscribers-- those who pay the annul $55 subscription fee. It is unclear whether the subscriber base is representative of the entire military. The Military Times did not specifically indicate how many of the 6,000 questionnaires were returned; however an examination of the raw data available online suggests that 955 readers responded. The Military Times did report that 35% of respondents said they were Protestant, 29% were Catholic, 7% were Evangelical Christian, 2% were Mormon, 1% were Jewish, 0% were Muslim, 13% were Other, and 12% had No Preference.

Arrest Warrant Need Not Reflect Current Religious Name

In Raahkim El Bey v. Roop, 2006 U.S. Dist. LEXIS 93995 (SD OH, Dec. 29, 2006), an Ohio federal Magistrate Judge held that while some state action that interferes with a person's use of his religious name would violate the Free Exercise clause, no violation occurs when a person is arrested under a warrant charging him with a crime under a different name. It was sufficient that police and federal marshals had a well-founded belief that Raahkim El Bey was the same person wanted on the arrest warrant issued for Billie Greene. The court held that a person may not "avoid criminal liability incurred under one name merely by changing that name, regardless of the religious or cultural motivation."

Discrimination Against Christians In Syria

Agape Press yesterday reported that even though many Iraqi Christians are fleeing to Syria, they will not receive a warm welcome there. Keith Roderick, an official with Christian Solidarity International, says that Christians in Syria suffer oppression and discrimination, particularly in employment. Even principals in Christian schools are required to be Muslims.

Michigan Church Wins RLUIPA Challenge; Law's Constitutionality Upheld

In Lighthouse Community Church of God v. City of Southfield, Civil Case No. 05-40220 (ED MI, Jan. 3, 2007) [available on PACER], a Michigan federal district court held that Southfield, Michigan's denial of an occupancy certificate to Lighthouse Community Church violated RLUIPA. Southfield denied Lighthouse the right to operate a church in a building it owned because the building had too few parking spaces. An ordinance required a certain number of parking places, and Southfield refused to grant the church a variance. In its decision, the court upheld the constitutionality of the land use provisions of RLUIPA, finding them to be a valid exercise of Congress' powers under Sec. 5 of the 14th Amendment. The court rejected claims that RLUIPA violates the Establishment Clause and the 10th Amendment. Yesterday's Detroit Free Press reported on the decision. (See prior postings 1, 2.)

UPDATE: The decision is now available on LEXIS at 2007 U.S. Dist. LEXIS 28.

Romania's President Signs Controversial Religion Law

Despite appeals from human rights groups (see prior posting), on December 27 Romania's President Traian Basescu approved a Religion Law that was passed hurriedly by Parliament. Forum18 yesterday reported that challenges to the law are planned in the Constitutional Court and possibly in the European Court of Human Rights. The new law bans "religious defamation" and "public offence to religious symbols," provisions that might be used to silence minority religions. Activists are also concerned about provisions in the law that impose long waiting periods for recognition and give different levels of legal recognition for religious communities depending in part on the number of members in the community.

UPDATE: The Romanian civil rights group, Solidarity for Freedom of Conscience, plans to go to the European Court of Human Rights to challenge Romania’s new Religion Law. On Friday Playfuls.com reported that critics claim this provision is broad enough to cover rock songs or works of Western literature and philosophy such as Nietzsche’s, The Antichrist. Meanwhile the Catholic Church in Romania says that the new law “is still perfectable”. (Mediafax).

No Plaintiffs Volunteer To Challenge Florida County's Ten Commandments

Today's St. Petersburg, Florida Times reports that the Freedom From Religion Foundation has been unable to find a resident of Dixie County Florida to act as plaintiff in a suit to challenge a Ten Commandments monument that the county has placed on its courthouse steps. (See prior posting.) The county's population is only 14,000. The Thomas More law Center has offered to represent the county without charge if suit is filed against it.