Anti-Semitic and Nazi Clips On YouTube Trigger Legal Questions

The growing use of YouTube to disseminate anti-Semitic and neo-Nazi videos is raising legal questions around the world. In Columbus, Ohio on Tuesday the police department began an internal investigation into police officer Susan L. Purtee's involvement in making of a number of videos criticizing Jews, blacks and immigrants. (Columbus Dispatch.) The videos, made by Purtee and her sister, were originally placed on their own website. Some ended up on You Tube, including a ten-minute anti-Semitic clip titled "The Jews". (Columbus Dispatch 2.)

Meanwhile, in Germany the country's neo-Nazi party was until recently using You Tube to broadcast its own anti-Semitic edition of the news. Videos of Nazi rallies and neo-Nazi rock bands were also posted there. In response, Germany's Interior Ministry has encouraged people to file suit against YouTube under the country's laws that ban neo-Nazi propaganda in the country. YNet News reported yesterday that Google, which owns you Tube, has said it will examine whether the videos violate its policy against "malicious use of stereotypes designed to attack or humiliate gender, sexual tendency, race, religion or nationality".

Turkey Elects Gul As President Despite Concerns About Preserving Secularism

Turkey's Parliament today elected Foreign Minister Abdullah Gul to be the country's next president, according to a report by the AP. Gul's candidacy has been controversial because he is a devout Muslim in a country that was founded on the principle of secularism. (See prior posting.) Gul's wife wears an Islamic-style headscarf, even though Turkish law bans them in government offices and schools. On Monday, just before the election, the Turkish army issued a statement warning against those who would undermine Turkey's democratic and secular status. (Reuters.) Upon assuming office, Gul also defended Turkey's secular tradition, saying: "Secularism -- one of the main principles of our republic -- is a precondition for social peace as much as it is a liberating model for different lifestyles."

UPDATE: Today's Zaman runs the full text of Gul's inaugural speech to Parliament.

Pakistani Police Sued Over Failure To Locate Girls Allegedly Forced To Convert

In Pakistan, lawyers have filed suit against the police in the Punjab city of Faisalabad, claiming that authorities are stalling efforts to locate two Christian girls-- age 11 and 16-- who disappeared after they allegedly were forced to marry and convert to Islam. BosNewsLife yesterday reported that these disappearances are part of a larger pattern of kidnappings of Christians, threats against Christians if they do not convert and attacks against churches. The All Pakistan Minorities Alliance, however, said that it was encouraged that there is growing concern over Muslim extremism and the growing influence of the Taliban.

9th Circuit: Forest Service Ban On Rock Climbing OK Under Establishment Clause

In The Access Fund v. United States Department of Agriculture, (9th Cir., Aug. 27, 2007), the U.S. 9th Circuit Court of Appeals upheld a decision by the U.S. Forest Service to ban recreational rock climbing on Cave Rock, a large rock formation on the eastern shore of Lake Tahoe in Nevada. Cave Rock is a sacred site for the Washoe Indian tribe, and the Washoes consider rock climbing to be a desecration of the site. Plaintiff, a climbing advocacy group, argued that the Forest Service's decision violated the Establishment Clause. The court, however, disagreed, finding that the Forest Service had a secular purpose in banning rock climbing-- the preservation of an historic cultural area. It also held that "the climbing ban cannot be fairly perceived as an endorsement of Washoe religious practices." Judge Wallace concurred, but said he did not believe that the Lemon test should be used to decide the case. The AP yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]

2006 Graduation Leads To New Lawsuit On Student Religious Speech Rights

Liberty Counsel announced that yesterday it filed suit in federal court against Lewis Palmer School District in Monument, Colorado to challenge actions taken over a year ago at a district high school's 2006 graduation. At the graduation, 15 students co-wrote a speech, and each person delivered 30 seconds of it. Erica Corder's portion consisted of testimony about her faith in Jesus and a plea for others to learn more about Jesus. The content of her presentation came as a surprise to the principal, since it differed from the draft that Corder had submitted in advance. The principal required Corder to compose an apology which was e-mailed to the entire high school community. (See prior posting.) Corder says that since the 2006 graduation, the school has continued to portray her publicly as a student whose mention of Jesus was improper. Her suit was filed after the school board failed to respond to Corder's request for an apology and for a change in school policy to ensure that no future free speech violations occur. Citizen Link also reports on the lawsuit.

Italian Catholic Church May Renegotiate Its Tax Benefits

Under pressure from the European Commission and Italy's government, a Vatican spokesman has said that the Italian Catholic Church is willing to "revisit" the issue of the benefits it receives from tax exemptions and from government payments. Today's Guardian reports that renegotiation of the 1984 version of the Concordat between the Vatican and Italian government is needed because the Italian treasury loses 1.3 billion Euros each year from a combination of the Church's receipt of income tax monies, its exemption from most local property taxes, and the reduced tax rate on its business activities (schools, hospitals, clinics and hotels). The EU has suggested that the Church's tax treatment in Italy may pose unfair business competition issues.

UPDATE: BNA Daily Tax RealTime reported on Aug 28: "The European Commission has taken the first steps toward a possible official illegal state aid case against Italy and the Catholic Church by requesting that Italian government authorities provide information about a range of tax breaks the Vatican receives for various economic activities."

Thomas More Law Center Joins As Co-Counsel Opposing NY Arabic School

The Thomas More Law Center announced yesterday that it will act as co-counsel in a pending Freedom of Information Act case seeking more information about New York City's new Khalil Gibran International Academy (KGIA). The controversial KGIA-- opening this year in Brooklyn-- is a specialized middle and high school focusing on Arab language and culture. (See prior posting.) In announcing the Thomas More Law Center's involvement, its President and Chief Counsel Richard Thompson leveled a series of broad accusations at the new school:

KGIA is a Trojan Horse New York City is building for radical Islam with taxpayer money. That the Quran calls for Muslims to subjugate the world, especially Christians and Jews, is a fact that anyone can look up. New York City School Chancellor, Joel Klein, who is aggressively promoting this Islamic school, is the same person who refused to allow two Christian students, a second and a fourth grader, to display a nativity scene during Christmas—another example of how political correctness is leading to a malicious double standard when it comes to religious expression in public schools.

Israeli Rabbi Says Soldiers Died Because They Were Not Religiously Observant

In Israel, Rabbi Ovadia Yosef, spiritual leader of the Shas party and former Chief Rabbi, stirred controversy when, in a sermon broadcast on Monday, he said that Israeli soldiers were killed in last year's Lebanon War because they were not religiously observant. BBC News says that Yosef's remarks have been criticized not just by secular Israelis, but also by Eli Ben-Shem, head of Yad Labanim, a group representing fallen Israeli soldiers, who said Yosef's remarks were particularly hurtful to religious families whose children had been killed.

Recent Scholarly Articles On Law and Religion

From SSRN:

• Robert A. Kahn, Why There Was No Cartoon Controversy in the United States, (U of St. Thomas Legal Studies Research Paper No. 07-28, 2007).
  
• Charles J. Reid, Marriage: Its Relationship to Religion, Law, and the State , (Jurist, Vol. 68, 2008).

From SmartCILP (and not previously reported from SSRN of Bepress):

• Amanda Harmon Cooley, God and Country: The Dangerous Intersection of Religion and Patriotism in the First Term of the George W. Bush Administration, 16 Kansas Journal of Law & Public Policy 157-173 (2006-2007).
  
• Symposium: For All the Saints: How the Lives of Extraordinary Catholics Can Shed Light on the Ordinary Practice of Law, 46 Journal of Catholic Legal Studies 1-63 (2007).
  
• Gerald J. Russello, Catholic Social Thought and the Large Multinational Corporation, 46 Journal of Catholic Legal Studies 107-135 (2007).

Article Says Apocalyptic Christians Place Pressure On Military

On Friday, Truthout.org carried an article by Thomas D. Williams and JP Briggs II titled Fringe Evangelicals Distort US Military Policy. The article asserts: "For decades, especially since the end of the Vietnam War, the US military has been wrestling with aggressive sects of doomsday Christians demanding control and conversions of those of other faiths as well as nonbelievers within the armed forces." The analysis is based in part on a 2006 US Army War College study by Air Force Lieutenant Colonel William Millonig: The Impact of Religious and Political Affiliation on Strategic Military Decisions and Policy Recommendations.

Austria's Right Wing Leaders Urge Anti-Islam Steps

In Austria, right-wing political leader Joerg Haider has proposed that Austria's Constitution be amended to prohibit construction of mosques and minarets in the country and to require religious groups use German in their services and sermons. M&C today reports that Haider, who is former leader of the BZ party and is governor of the province Carinthia, called for the changes over the week end, saying he was protecting Austria's western culture. Right-wing Freedom Party leader Heinz-Christian Strache, who is usually feuding with Haider, expressed his support for Haider's proposals, and urged also that headscarves be banned in schools, universities and public service, that radical preachers be deported and that the government issue an annual Islamization report.

California Cities Sue Woman For Painting God's Messages On Her Houses

Belmont, California officials are about to enforce the city's sign code against homeowner Estrella Benavides who has painted a "message from God" on the front of her house. Today's San Mateo Daily Journal reports that the sign exceeds the 12 square foot limit imposed by Belmont's city code. San Mateo officials have already sued Benavides because of signs with messages from God that she has plastered over another home she owns there. Benavides said, "I am not worried about anything. God is on my side."

Couple Claims State Removed Children Because of Father's Religious Beliefs

Last week, Stephen and Bedra Starkey filed a lawsuit in a Denver (CO) state court against the Boulder County Department of Social Services and several of its employees claiming that the county took temporary custody of Stephen Starkey's three children because of Starkey's fundamentalist religious beliefs. Today's Denver Post reports that Starkey makes similar claims in a pending federal court case. County officials say the children were removed in 2004 because of abuse, not religion. Police found that Starkey disciplined his children by forcing them to lie on the floor for hours while reading the Bible, withholding meals and hitting one child on the head. Starkey is quoted as saying: "Children should live in fear of their parents, the police and others to prevent them from an immoral life."

Recent Prisoner Free Exercise Cases

In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 60327 (D AZ, Aug. 16,2007), an Arizona federal district court dismissed an inmate's complaint that an Arizona jail permitted only 3 of its 70 inmates to attend church each week. The complaint lacked allegations that plaintiff was prevented without penological justification from engaging in conduct mandated by his faith.

In Said v. Donate, 2007 U.S. Dist. LEXIS 55007 (MD PA, July 30, 2007), a Pennsylvania federal judge rejected a Magistrate's recommendation (2007 U.S. Dist. LEXIS 60658 (June 29, 2007)) that an immigration detainee's free exercise claim be dismissed. Instead the court permitted plaintiff to amend his complaint to identify defendants who deprived him of his request for a Halal meat meals, to describe those meals and how failure to receive Halal meat places a substantial burden on his religious exercise.

In Dye v. Lennon, 2007 U.S. Dist. LEXIS 62123 (ED WI, Aug. 22, 2007), a federal district court held that an inmate stated colorable free exercise and RLUIPA claims. He alleged that defendants interfered with his right to practice his religion when they obtained a temporary guardianship over him based on his refusal to eat. He says that the guardianship interferes with his fasting for religious reasons.

In Hetsberger v. Department of Corrections, (N.J. Super. App. Div., Aug. 24, 2007), a New Jersey appellate court held that the trial court should have analyzed a plaintiff's claim under RLUIPA as well as under First Amendment standards. Plaintiff in the case, a member of the Nation of Gods and Earths, complained that the Department of Corrections' designation of the Nation as a security risk placed a substantial burden on its members' ability to participate in activities central to their religious beliefs.

In Searles v. Bruce, 2007 U.S. Dist. LEXIS 62451 (D KA, Aug. 23, 2007), a Kansas federal district court granted a directed verdict for defendants, finding that an inmate failed to prove his claim that he was denied apples and honey for the Jewish holiday of Rosh Hashanah, and failed to show any personal participation by defendants in the alleged denial.

Lebanese Paper Decries Lack of Civil Marriage Code

Lebanon's Daily Star today carries a lengthy report on Lebanese laws that impact women's rights. A significant portion of the article focuses on the absence of a civil code on marriage and family law. Instead each of the 19 religious denominations in the country has its own personal status code, and its own courts to enforce it. This preserves the cultural identity of each group, defenders say.

Vermont's Proposed Regulation of Prisoner Religious Practices Criticized

In July, the Vermont Department of Corrections issued for comment proposed Directive 380.01 on religious observances and programs in the state's correctional facilities. Last week the Becket Fund wrote the Department of Corrections objecting to a number of provisions in the proposal. (Full text of letter.) As summarized in its press release, the Becket Fund argued:

These new regulations are incredibly stringent, and in some cases ominous, such as the mandatory registration of an inmate’s religious identity.... In addition to mandatory registration, the regulations deny inmates the right to lead religious services--even if they are ordained clergy--and prohibit inmates from "demonstrative prayer" and prayer with others. The regulations also force inmates to wait for up to a year to change their religious affiliation, and prohibit them from attending interfaith religious services without applying for a permit first.

In response to these objections, as well as concerns expressed by the ACLU, Vermont Corrections Commissioner Rob Hoffman has already made some changes, according to yesterday's Boston Globe.

Prof Suggests New Approach To Religious Accommodation In Education

Universal Faith is the title of a piece by Harvard Law Professor Noah Feldman in today's New York Times Magazine. In it he suggests a new approach to accommodating religion in public education:

The source of the confusion is the mistaken notion that the categories "religious" and "secular" are strictly binary, like an on-off switch. It's true that some things are inherently religious... But it's also true that many things that are not inherently religious are not inevitably secular either: they can be infused with religious meaning through the intention of a believer. A gymnasium or a warehouse has a perfectly secular use but also can be consecrated by worshipers who invoke God's name there for purposes of worship. Examples of what you might call "dual use," such things can be at once secular to one person and religious to another.

The most convincing interpretation of our constitutional tradition is that the government may not engage in or pay for conduct that is inherently religious but may accommodate religion when the steps taken to do so are not inherently religious in themselves. The phenomenon of dual use suggests a helpful way of restating this requirement: the state may expend resources to accommodate activities that are religious in the eyes of the believers as long as those activities can still be performed by the general public that interprets them as secular.

More Developments In San Diego Diocese Bankruptcy Case

There has been another development in the bankruptcy reorganization of the Catholic Diocese of San Diego, according to yesterday's San Diego Union-Tribune. While not yet formally lifting the stay on lawsuits, Bankruptcy Judge Louise DeCarl Adler ruled Friday that abuse victims in 42 of the 127 pending lawsuits have a constitutional right to a state jury trial on their claims. Pressing the Diocese to settle, Adler also said that the Church’s current settlement offer is well below the state average for abuse claims. The Diocese had sought, instead of a jury trial, to have the federal bankruptcy court place a value on the abuse claims and then let the victims accept or reject that amount. Meanwhile, a hearing is scheduled for Sept. 6 to decide whether the entire bankruptcy case should be dismissed. Bankruptcy professor Scott Erlich said: "If I were the judge, I would dismiss this action. The only reason to be in Chapter 11 is that the debtor is willing to come up with a plan that the victims can agree to. That is not happening here, and we are wasting our time." (See prior related postings 1, 2.)

China Begins Campaign Targeting Christian Proselytizing Ahead of Olympics

Bos News reported yesterday that China's Ministry of Public Security has urged local officials to undertake a month-long campaign against "illegal religion and evil religious activities" to eliminate "political unstable elements" in the countryside. The crackdown is especially targeting Christians, including leaders of unregistered "house churches". Rights groups say that new arrests and harassments are an attempt to discourage Christian groups from engaging in proselytizing at next year's Beijing Olympic Games.

Justice Department Files Amicus Brief In Support of Mormon Student

The Justice Department's Civil Rights Division has filed an amicus brief in support of a Mormon college student, David Haws, who is suing West Virginia's PROMISE Scholarship Board for religious discrimination. (Yesterday's Washington Post.) Represented by the ACLU, Haws is challenging the Scholarship Board's policy that led to the loss of his scholarship when he left school temporarily to serve a two-year church mission. The Scholarship Board argues that since Haws' church mission was not a required tenet of his faith, but was only encouraged, he was not compelled to choose between his faith and receipt of the scholarship.