British Court Fines Muslim Cabbie For Refusing To Transport Guide Dog

Britain's Disability Discrimination Act 1995 (Sec. 37) requires all licensed cab drivers to accept individuals with guide dogs as passengers. Saturday's Gulf Times reports that in London, cab driver Abdul Rasheed Majekodumni was fined and ordered to pay compensation to blind passenger Jane Vernon after he refused for religious reasons to permit Vernon to enter his cab with her dog. Muslim tradition considers dogs impure and commands Muslims to avoid contact with them.

Times Series Examines Accommodation of Religion By American Law

The New York Times on Sunday began a 4-part series examining how American religious organizations benefit from laws granting them exemptions and special treatment. The first installment focuses on regulatory exemptions for social service agencies and exemptions from zoning rules. The online version has extensive links to the pleadings in a RLUIPA case pending in Boulder, Colorado. The second installment focuses on reduced employee rights against religious institutions. UPDATE: Part three focuses on property tax exemptions and tax exempt revenue bond financing for religious institutions. Part IV is titled "Religion-Based Tax Breaks: Housing to Paychecks to Books". It focuses on the parsonage exemption for clergy and sales tax exemptions for religious organizations and publications. All the articles in the series are available from links on a web page set up for the series titled In God's Name.

Recent Publications On Church-State; Relgion & Law

From SSRN:

• Frederick Mark Gedicks, The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the United States, (Emory International Law Review, Vol. 19, 2005).
• Frederick Mark Gedicks & Roger Hendrix, Uncivil Religion: Judeo-Christianity and the Ten Commandments, (October 4, 2006).
• Carl H. Esbeck, "Play in the Joints Between the Religion Clauses" and Other Supreme Court Catachreses, (Hofstra Law Review, Vol. 34, p. 1331, 2006).

From European Journal of Philosophy:

• Jurgen Habermas, Religion in the Public Sphere, (Vol. 14, No. 1, 2006). [PrawfsBlawg review.]

From Bepress:

• Andy G. Olree, James Madison and Legislative Chaplains (Sept. 25, 2006).
• Mary R. Bundren, The Influence of Catholicism, Islam and Judaism on the Assisted Reproductive Technologies ("ART") Bioethical and Legal Debate: A Comparative Survey of Art in Italy, Egypt and Israel (September 22, 2006).

From SmartCILP:

• Vincent Phillip Munoz, Thou Shalt Not Post the Ten Commandments? McCreary, Van Orden, and the Future of Religious Display Cases, 10 Texas Review of Law & Politics 357-400 (2006).
• Barbara A. Perry, Jefferson's Legacy to the Supreme Court: Freedom of Religion, 31 Journal of Supreme Court History 181-198 (2006).
• Joshua E. Perry, Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo and Beyond,16 Health Matrix 553-630 (2006).
• Li-ann Thio & Jaclyn Ling-Chien Neo, Religious Dress in Schools: the Serban Controversy in Malaysia, 55 International & Comparative Law Quarterly 671-688 (2006).

Hijab Remains Controversial In Some Countries

Wearing of the hijab, or Islamic headscarf, continues to be controversial in a number of countries. Interfax News today reports that, despite a petition signed by 30,000 Muslim women, the government of Kyrgyzstan continues to refuse to permit women to wear headscarves for passport photographs.

In Tunisia, the government is defending its ban on wearing the hijab in educational institutions and public buildings. Islam Online reports that women students are increasingly kept out of classes if they insist on wearing a hijab. Last month in Tunisia, security forces raided toy stores and removed all the Fulla dolls. Islam Online reports that these hijab clad dolls, with long sleeve dresses and a prayer mate, have outpaced Barbie dolls in popularity in the country. Tunisian Religious Affairs Minister Aboubaker Akhzouri said that the hijab runs counter to the country's "cultural legacy," and is seen as a "foreign phenomenon" in society.

University Of The Cumberlands Withdraws Motion To Dismiss Suit Against It

As previously reported, in Kentucky in April a suit was filed in state court against the University of the Cumberlands, a private religious university located in Williamsburg. The suit challenged the constitutionality of state appropriations to the religiously affiliated institution for the building of a pharmacy school and for pharmacy scholarships. Originally the University filed a motion to dismiss arguing that plaintiffs lacked standing. Today, the Lexington Herald-Leader reports that the motion to dismiss was withdrawn because, if it had been successful, it would have left the validity of the appropriations still in doubt.

Alaska Constitution May Protect Religious Marijuana Use

In Lineker v. State of Alaska, (AK Ct. App., Oct. 4, 2006), an Alaska couple were arrested for possession of marijuana. They defended by invoking the free exercise clause of the Alaska Constitution. Claiming to be members and ordained ministers of the Universal Life Church and the Hawaiian THC Ministry Church, they asserted that oil from the cannabis plant was an essential part of their religion. The trial court rejected the defense, holding that even if the couple held sincere religious beliefs the state had a compelling interest in enforcing its drug laws.

The Court of Appeals reversed and remanded for the trial court to conduct an evidentiary hearing on whether the defendants' conduct was based on a sincere religious belief and, if so, whether the state has not merely a compelling interest in enforcing its drug laws, but whether that interest will suffer if an exemption is granted to accommodate these defendants' religious beliefs. The court said that the test under the Alaska Constitution was similar to the test under RFRA applied by the United States Supreme Court in its 2006 O Centro decision.

Suit Charges New York With Failing To Accommodate Religious Practices Of Prison Guards

The New York Civil Liberties Union yesterday (press release) filed a federal lawsuit challenging a policy that forbids state prison guards from wearing religious head coverings. The suit was brought on behalf of a devout Muslim who was informed that he could no longer wear a kufi while on duty at a state work-release program, even though he had been wearing it for many years without creating any problems. The complaint (full text) charges that the refusal by the State Department of Correctional Services to accommodate religious beliefs of prison guards "stands in sharp contrast to the policies of other agencies". Today's Albany Times Union reports on the case.

Saudis Try Al Qaeda In Shariah Courts

A report from Reuters published today in Qatar's The Peninsula says that Saudi Arabia has begun trying Al Qaeda militants in Shariah courts in which Islamic scholars apply religious law. Deputy Interior Minister Prince Ahmed bin Abdul-Aziz told reporters, "There are Islamic Shariah courts that specialize in these issues. The trials are continuing and ongoing. There are many who have been sentenced and are finished with." Commenting on the militants who began a campaign in 2003 to bring down the royal family by bombing Western housing compounds, he said, "God will judge them harshly. There is no justification at all for attacking peaceful civilians. We are an Islamic country and it is totally unacceptable that their slogan should be Islam."

Democrats Tout Religious Credentials In North Carolina

In western North Carolina where a hotly contested Congressional race is under way, a new political action group, Devout Democrats, plans to run an ad to show that Democrats are religious too. Today's Raleigh News & Observer reports that the ad features former UNC basketball coach Dean Smith saying, "I'm a lifelong Baptist and vote for Democrats. One reason? Democrats are serious about alleviating poverty." the quote is followed by a passage from the Gospel of Matthew about caring for the poor.

European Court Upholds Salvation Army Claim Against Russia

According to a report yesterday by the Associated Press, the European Court of Human Rights has ruled that the refusal by Russia to register the Moscow branch of the Salvation Army after a change in Russian law in 1997 violates the group's rights to freedom of religion and association under the European Convention on Human Rights. The Moscow Justice Department refused to register the group because its founders were foreign nationals. A Moscow district court then ruled on appeal that the Salvation Army branch should be denied registration as a religious body because it was a "paramilitary organization" whose members wore uniforms and served in an "army". The European Court rejected the paramilitary characterization, and held that there was no reason for Russia to treat foreigners different than Russian nationals as to their exercise of religious freedom.

Michigan City Deciding Whether To Move Creche To Private Property

Issues of holiday displays on public property are beginning to surface as the 2006 holiday season approaches. Today's Detroit News reported that in the city of Berkley, Michigan, an ad hoc committee of city council has been studying what to do with the city's traditional nativity scene. For 65 years it has been displayed outside City Hall, but last year the ACLU raised a question about it. The council committee is proposing three alternatives: move the creche to a nearby business property, establish a free-speech zone where any religious groups can display its symbols, or allow a group of religious leaders to rotate the display among churches. Mayor Marilyn Stephan, who supports a move, says that she has received angry e-mails from a coalition of residents calling themselves STAT -- Stopping the ACLU Tyranny-- who dislike any of the alternatives and want to continue the display at City Hall. City Council will discuss the issue at its Oct. 16 meeting.

Indian Court Will Hear Challenge To Jain Fasting Ritual

In India today, the Rajasthan High Court is hearing a Public Interest Litigation challenge to the practice of Santhara, a religious ritual in which seriously ill individuals fast themselves to death. The Shwetambar sect of the Jain community considers Santhara to be the ultimate spiritual achievement. CNN-IBN reports on the case.

More Prisoner Free Exercise Cases From September

In Zarska v. Whitely, 2006 U.S. Dist. LEXIS 69444 (D KS, Sept. 26, 2006), a Kansas federal district court rejected claims by a Seventh-day Adventist inmate that prison food service employees retaliated against him because of his religion by and failing to correct problems with his the special diet he was to receive for religious reasons.

In Barnes v. Pierce, 2006 U.S. Dist. LEXIS 69303 (SD TX, Sept. 26, 2006), a Texas federal district court permitted inmates to proceed with a claim that Muslim prisoners are not allowed the same opportunities as are available to prisoners of other faiths to practice their religion, but rejected a challenge to the prohibition on prisoners wearing beards.

In Colquitt v. Camp, 2006 U.S. Dist. LEXIS 69934 (MD FL, Sept. 27, 2006), a Florida federal district court permitted a Muslim plaintiff to move ahead with his claim against one of the jail officials he sued. Plaintiff alleged that officials refused to accommodate his dietary restrictions during Ramadan and retaliated against him for filing complaints in connection with his diet issues. It also held that defendant was not entitled to qualified immunity.

In Grant v. Sutton, 2006 U.S. Dist. LEXIS 70076 (SD IL, Sept. 27, 2006), an Illinois federal district court permitted a former inmate to move ahead with claims that prison officials did not give Muslim inmates full access to the prison chapel for prayer, would not allow Imams to lead services except during Ramadan, denied Muslim inmates permission to participate in religious festivals, denied them access to Qurans, denied plaintiff permission to attend religious classes and chapel, and barred him from leading worship services.

In Ferdinand v. Johnson, 2006 U.S. Dist. LEXIS 70986 (WD VA, Sept. 29, 2006), a Virginia federal district court held that a prison's grooming policy did not violate the Religious Land Use and Institutionalized Persons Act.

Morocco Ministry Changes Religious Textbooks

Islam on Line reported Tuesday that the Ministry of Education in Morocco, as part of its curriculum reform efforts, has made several changes in a Revival of Islamic Education textbook used in public schools. The changes are an attempt to deter Islamic extremism. The changes include deletion of a verse from the Quran that instructed women to "lower their gaze and be modest ... and to draw their veils over their bosoms". The Ministry also removed a hadith that cursed men dressing in women's clothing and women putting on men's clothing. Finally it deleted a photo of a girl wearing hijab and kissing her mother's hands.

Indiana Supreme Court Upholds Striking Clergy From Jury Panel

In Highler v. State of Indiana, (IN Sup. Ct., Oct. 4, 2006), the Indiana Supreme Court held that a prosecutor's decision to use peremptory challenges to strike members of the clergy from a jury panel "because they’re more apt for forgiveness" was permissible. While striking jurors because of their religious affiliation is unconstitutional, the court said that here "the State’s justification for striking [the juror] was not his religious affiliation, but his occupation". Today's Fort Wayne Journal Gazette reports on the case.

Nevada Clergy Endorse Measure To Liberalize Drug Laws

In Reno, Nevada yesterday, according to the Associated Press, a group of 33 clergy endorsed a measure that will be on November's ballot to legalize possession of small amounts of marijuana by adults. The drug would be sold at government regulated stores. Marijuana would be subject to a $45 per ounce excise tax, with some of the proceeds to be used for alcohol, tobacco and substance abuse programs. The proposal would also increase penalties for sales of the drug to minors and for driving under the influence of it. Supportive clergy argued that the proposal would reduce minors' access to marijuana, reduce gang-related violence and generate funds for drug treatment programs.

New Debate Over Same-Sex Marriage In Canada

In Canada, reports surfaced yesterday that the country's Conservative government was considering a new Defense of Religions Act that would protect public officials, such as Justices of the Peace, who refuse to perform same-sex marriages, and would protect the rights of religious leaders and others to criticize homosexual behavior or refuse to do business with gay-rights organizations. (Globe and Mail). The legislation is seen as an alternative if the government loses its bid to try to repeal the same-sex marriage law passed by Parliament last year. Prime Minister Stephen Harper denied reports that new legislation was being drafted, but speculation continues. (Halifax Chronicle Herald). Today, legal and provincial authorities said that any such legislation would be struck down as a violation of the Charter of Rights and as an improper intrusion into provincial affairs. (Globe and Mail).

Parent Attacks Harry Potter Books In Georgia Schools

In a suburban Atlanta school district, a mother of four on Tuesday argued to a hearing examiner that the Gwinnett County schools should ban Harry Potter books. The Associated Press reports that parent Victoria Sweeny argued that the Harry Potter series is an "evil" attempt to indoctrinate children in the Wicca religion. She says that they are particularly harmful to children who cannot distinguish fantasy from reality.

Justice Department Investigating School's Holiday Excusal Policy

The Bakersfield Californian today reports that the U.S. Justice Department's Civil Rights Division is questioning the religious holiday excusal policy of the Bakersfield (CA) City School District. To avoid an unexcused absence, a parent or guardian must provide advance written notice to the principal, and the child must complete the minimum school day, which is almost as long as the regular school day. Students with three unexcused absences are considered truant. The investigation began at the request of the Becket Fund after the school district refused to excuse two children to go to noon Ash Wednesday services last March. In its release on the case, the Becket Fund points out that absences for many secular reasons are excused. The Becket fund is also representing a Jewish family who has a similar complaint about refusal to excuse children for religious observances against the Buttonwillow (CA) Union School District.

En Banc Review Sought In California Library Use Case

Yesterday, attorneys with the Alliance Defense Fund filed a Petition for Rehearing En Banc seeking review by the full U.S. 9th Circuit Court of Appeals' of the recent 3-judge decision in Faith Center Church Evangelistic Ministries v. Glover. (ADF Release.) The decision of the 3-judge panel permitted a California public library to make its meeting rooms available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". (See prior posting.)