RLUIPA Suit In Offing Over Proposed NY Rabbinical College

Yesterday’s New York Times reported on a religious land use dispute in the village of Pamona, New York. The Brooklyn-based Congregational Rabbinical College of Tartikov has purchased 100 acres of land in the village for $13 million in the Rockland County village. It plans to build a college to educate rabbis to become religious judges in civil disputes among Orthodox Jews. Organizers say 1,000 rabbis would be housed here along with their families in buildings as tall as 6-stories. Each rabbi would study for 15 years. The formal proposal which is expected next month, will call for as many as ten buildings with up to 4,500 residents and parking for 1,000 cars. The current population of Pamona is only 3,200. Already there are problems with adequate sewers and drinking water. City officials expect a RLUIPA lawsuit to be filed in order for the group to get the zoning approvals it needs. Also, the history of bloc voting by growing Orthodox Jewish communities has increased their influence in local politics.

Pennsylvania School District Mulls Closings For Muslim Festivals

In Allentown, Pennsylvania, the Parkland School District board next month will consider a request that schools close down for the Islamic feast of Eid al-Fitr, Eid al-Adha, or both. Yesterday’s Morning Call discusses the issues that school boards face in deciding whether to close down for various religious holidays.

Scotland Yard Has Problem Accommodating Muslim Recruit

Accommodation of Muslim religious practices by British authorities seems to be posing problems. The Mail today reports on an incident involving a graduating British police recruit. To mark the completion of the 18 weeks of basic training by the recruits, Scotland Yard held a ceremony at which Metropolitan Police Commissioner Sir Ian Blair was to inspect the 200 graduates. One of the graduating recruits-- described as a non-Asian Muslim-- told her training supervisor ahead of time that she could not shake Sir Ian's hand because it was against her religion. The recruit, who wore a traditional Muslim hijab headscarf, also declined to be photographed with Sir Ian because she did not want her picture used for "propaganda purposes" in attempting to recruit Muslims to the police force. While some officers feared that the recruit's beliefs might impede her ability to perform her police duties, she denies this. She says she has no problem in physical contact with men as part of her professional duties. But the graduation parade, she said, was a personal event where here religious beliefs preclude physical contact with unrelated men.

The Mail described the Police Commissioner as "bloody furious" with the recruit's request, but said he agreed in order "not to cause a scene". Apparently he shook hands with all the other recruits in a way that made obvious the Muslim woman's refusal. Life Style Extra says that the incident provided the exiled Saudi-born founder of al-Muhajiroun, which calls for the creation of Sharia law in Britain, the opportunity to tell British Muslims that they should not join the police force because it enforces man-made laws and is against Islam. [Thanks to Little Green Footballs for the lead.]

Vatican Seeks Greater Recognition By China, Turkey

Last week the media reported on talks between the Vatican and two separate countries to improve relations. After two days of meetings between the Vatican and Chinese officials (New York Times, Jan. 20) over whether the Vatican has control over the appointment of Catholic bishops in China, on Saturday the Vatican issued a conciliatory statement (New York Times, Jan. 21) saying it wanted a "respectful and constructive dialogue" to rebuild diplomatic ties with China. However the statement also noted the "grave suffering" of "bishops, priests and the faithful, who without ceding to compromises, have maintained their faith to Seat of St. Peter.

Meanwhile, last week during a meeting with Turkey's new ambassador to the Holy See, Pope Benedict XVI called on Turkey to give the Catholic Church legal status as a recognized religious institution. (AKI, Jan. 19).

Recent Scholarly Publications On Law and Religion

From Bepress:

Mark A. Levine, Put That in Your Thurible and Smoke It: Religious Gerrymandering of Sacramental Intoxication, (Jan. 16, 2007).

From SSRN:

Robert W. McGee, The Ethics of Tax Evasion: A Survey of Episcopal Seminarian Opinion, (Jan. 2007).

Ana Batricevic, Marriage in Compliance with the Serbian Orthodox Church, (March 22, 2006).

From SmartCILP:

Sylvie Langlaude, Indoctrination, Secularism, Religious Liberty, and the ECHR, 55 International & Comparative Law Quarterly 929-944 (2006).

The Journal of Law and Religion (Vol 21, No. 2 has been published). The full table of contents is available online. Among the articles are: AALS 2006 Annual Meeting Papers, Professional Responsibility and the Religious Traditions; and a Law, Religion and Ethics Symposium.

Recently published articles in other journals:
Judge and Society in Antiquity, edited by Bernard M. Levinson and Aaron Skaist. Maarav: A Journal for the Study of the Northwest Semitic Languages and Literatures 12:1–2 (published 2006) includes the following:

Bernard M. Levinson, Deuteronomy’s Conception of Law as an "Ideal Type": A Missing Chapter in the History of Constitutional Law.

Amihai Radzyner, Talmudic Law as Religious Law: The Source of the Desire to Limit Judicial Powers.

New Book:

Gad Barzilai (ed.), Law and Religion, (Ashgate Publishing, Jan. 2007).

Wiccan Employee Accuses Starbucks of Discrimination

Yesterday's Oregonian reported that a suit was filed earlier this month in federal district court in Portland, Oregon by a former employee of Starbucks accusing the company of discriminating against her based on her Wiccan religion. Alicia Hedum, formerly a barista a manager at Starbucks' Hillsboro Landing cafe, said her manager asked her several times to remove her Wiccan cross even though other employees, including the manager, wore Christian crosses.
Hedum said when she would not do so, Starbucks retaliated by refusing to promote or transfer her, reduced her hours and focused on her "minor tardiness."

Kentucky Trial Court Upholds Christian Medi-Share Under Insurance Law

A Franklin County, Kentucky trial court earlier this week ruled in favor of Christian Care Ministry’s Medi-Share Program. The program brings Christians together to share the cost of their medial bills, and support one another with prayers and notes of encouragement. The state Department of Insurance had challenged the program claiming that it fell under the insurance regulatory laws. Judge Thomas D. Wingate however ruled that the program does not involve risk shifting, and so is not subject to Kentucky’s insurance laws. A press release from Medi-Share discussing the decision said that since 1993, members of the program have shared more than $250 million in medical expenses. (See prior related posting.)

California Pastor Won't Disperse Homeless From Church Steps

Today's Los Angeles Times reports that the pastor of Long Beach, California’s First Congregational Church is refusing to comply with orders from the city prosecutor’s office to disperse the 15 to 20 homeless people who camp each night on the steps between the sidewalk and the front door of the church. The prosecutor says that its office has received complaints about urination, defecation and littering, and that the church could face fines of $1000 per day for maintaining a nuisance. The church is relying on a ruling in by the U.S. Second Circuit Court of Appeals protecting a similar situation at midtown Manhattan’s Fifth Avenue Presbyterian Church. (See prior posting.) The prosecutor’s office says a number of the homeless people, who cart cardboard and blankets through the neighborhood to the church each night, have been informed that nearby shelters are available to them. However City Council member Bonnie Lowenthal says the city does not have enough housing for the homeless available. The city and First Congregational Church’s pastor Jerald Stinson will meet shortly to see if a compromise can be worked out.

Tension Between Church and Venezuela's Chavez

Today’s International Herald Tribune reports increasing tension between the Catholic church and Venezuelan President Hugo Chavez. A number of church leaders are concerned that Chavez’s socialist reforms will infringe free speech and religious education. Chavez, however, says, "Christianity is essentially socialist, so no one — no Christian, no Catholic — should be alarmed."

Controversial Utah Bill On Free Exercise Moves To Senate

Yesterday in Utah, the controversial Free Exercise of Religion Without Government Interference Bill (SB 111) was approved 4-2 by the state Senate Government Operations and Political Subdivisions Committee. Three newspapers today reported on the hearings: Deseret News, Salt Lake Tribune and Daily Herald.

SB 111 would prohibit any state or local governmental unit from substantially burdening religion, even through a neutral law of general applicability, unless the government shows a compelling interest and that it is using the least restrictive means to further that interest. (Suits by prison inmates are governed by a less restrictive standard.) The bill provides that a substantial burden can occur even though the belief or practice at issue is not a central part of a person’s religion. It authorizes injunctive and declaratory relief as well as the recovery of court costs and attorneys’ fees. Suits may be brought against the government or a government official in his or her official capacity, but not against a government official in his or her individual capacity. The law allows a substantial burden on religion to be asserted as a defense in a judicial or administrative proceeding

The bill’s sponsor, Sen. Chris Buttars, said that it will protect practices like the singing of Christmas carols on the steps of city hall, and Mormon students wearing T-shirts to school with the slogan “CTR” (Choose the Right). Utah’s Attorney General, however, raised concerns that the law would lead to increased litigation against the state. He said the bill might protect a student who wears a Satanic T-shirt to school by claiming to worship Satan. University officials are concerned that the bill might allow students to challenge a class offered at a time that conflicts with a religious holiday or their time of prayer.

En Banc Review Sought In 5th Circuit School Board Prayer Case

Yesterday, both sides filed motions asking the U.S. 5th Circuit Court of Appeals to grant en banc review of a 3-judge panel’s fragmented December decision in Doe v. Tangipahoa Parish School District. (See prior posting.) The three judge panel was unable to agree on whether the Lemon case or the Marsh (legislative prayer) case governed invocations at school board meetings. 2theadvocate reported today on these developments.

Parents Sue For Vaccination Exemption For Son

In Albany, New York, parents are suing to get their 5-year old son into elementary school, and are seeking $1 million in damages, claiming religious discrimination. Their son was refused admission to South Colonie School District's Saddlewood Elementary School on the grounds that he has not received routine immunizations. The child's mother is Catholic and father is Jewish. They say it is against their religious beliefs to permit their son to be vaccinated. New York law permits an exemption on religious grounds. However the state has refused them an exemption, saying their objection is personal and not religious. Their attorney says that the state is requiring the parents to belong to a church that forbids vaccination, and that this is imposing a religious test on them. The filing of the suit was covered today in the Albany Times Union and by WTEN News.

Pakistani Christian Released On Bond In Blasphemy Case

Journal Chretien yesterday reported that for the fist time ever in Pakistan, a defendant charged with blasphemy under Section 295B of the Pakistan Criminal Code has been released from jail on bond pending his trial. Shahid Masih, a 17-year old Christian, was arrested last September after he was accused of stealing a copy of the Quran and burning it. He was granted bail earlier this week. The Centre for Legal Aid, Assistance and Settlement says that the charges against Masih were fabricated. Masih has been taken to an undisclosed location because of fear for his and his family's safety.

Police Close Catholic Parish In India To Prevent Clashes Over Language For Mass

In southern India, police have closed down a Catholic parish because of physical clashes between two competing groups in the parish over the language that will be used to celebrate Mass. Indian Catholic reported yesterday that Kannada and Tamil Catholics from Mother of God Parish in Jakkalli (2200 km south of New Delhi) are involved in the dispute that has found its way into court as well.

Last July, the Diocese insisted that the parish follow the diocesan policy of conducting Sunday Masses only in Kannada, but with one reading and two hymns in Tamil. That led Tamils to boycott Mass and to file a lawsuit over the issue. On Dec. 13, a local court upheld their right to have Masses in Tamil and ordered the diocese not to interfere. This led the parish to resume its earlier practice of conducting the first Mass in Kannada and the second in Tamil. On Dec. 24 and 25, police were present at both Masses to keep order, but when they left youths from the two groups clashed.

Egyptian Blogger Goes To Trial For Insulting Islam

Yesterday in Egypt for the first time a blogger went on trial for insulting Islam in his online writings. The Associated Press reports that Abdel Kareem Nabil, a critic of conservative Muslims and especially of al-Azhar University, was charged with inciting sedition, insulting Islam, harming national unity and insulting the president of Egypt. Another blogger, Seif al-Islam, said the government was likely prosecuting Nabil as part of its "competition with the Muslim Brotherhood to show its Islamic credentials." The trial of Nabil whose Arabic language blog often criticized both Islamic authorities and Egyptian President Hosni Mubarak was adjourned until January 25 to give defense counsel time to review the indictment.

Rehearing To Be Sought In 4th Circuit "Good News Club" Case

An Anderson (SC) School District will ask the U.S. 4th Circuit Court of Appeals to grant a rehearing in Child Evangelism Fellowship v. Anderson School District 5 (see prior posting). Last December, the court questioned the rule under which the school refused to waive a usage fee for religious Good News Club meetings. The court said that the rule did not give administrators sufficient guidelines to prevent content-based discrimination. Wednesday's Anderson Independent Mail says that the school's insurers recommended the petition for a rehearing.

Irish Prelate Urges Repeal Of Ban On Catholic Monarch

Bishop Alan Harper, new head of the Irish Anglican church, says that the ban on Catholics and those married to Catholics becoming the British monarch should be abolished. Catholic News reported yesterday that Harper urged repeal of the 1701 Act of Settlement, saying that it "belongs to its time and we should move on".

Radical Sheik In Australia May Be Charged For Inciting Violence

In Australia, Federal Police are investigating a series of DVD's featuring radical Sheik Feiz Mohammed, the leader of the Global Islamic Youth Centre in Sydney. Called the "Death Series", the DVDs urge young Muslims to to sacrifice themselves for Islam, talk of a Muslim killing a Jew and ridicule Jews as pigs. Today's Sydney Morning Herald reports that Australia's Acting Attorney-General, Kevin Andrews, labeled the preachings an "importation of hatred" and said an investigation had been launched. He told reporters, "There is an offense in Australia, in broad terms, for a person to incite violence against another person or group of people based on political opinion or religious grounds or belief."

Ohio Trial Court Dismisses Ritualistic Torture Case On Statute of Limitations Grounds

Today's Toledo (OH) Blade reports that the Lucas County (OH) Common Pleas Court has dismissed on statute of limitations grounds a civil suit against Fr. Gerald Robinson that accused him, Gerald Mazuchowski, a former lay minister, and others of bizarre ritualistic torture and rape that supposedly took place some 40 years ago. The result was required by Ohio Supreme Court precedent. The plaintiff, identified only as "Survivor Doe", said that Robinson and other men, dressed in nun's clothing chanted Satanic verses, cut her with a knife as a sacrifice to Satan, drew an upside-down cross on her abdomen, and forced her to drink the blood of sacrificed animals, such as a rabbit. Also she says she was forced to perform sexual acts on the men. The abuse originally took place at a North Toledo church, and later in an unidentified wooded area. The lawsuit claims that Robinson and Mazuchowski "had a close relationship with Survivor Doe's mother, who also participated in the ceremonies in the woods and was becoming high priestess of Satan." Robinson was convicted last year of murdering a Roman Catholic nun in 1980. (See prior posting.)

Ministerial Exception Leads To Dismissal Of FLSA Claims

In Schleicher v. The Salvation Army, 2007 U.S. Dist. LEXIS 2836 (SD IN, Jan. 12, 2007), an Indiana federal district court dismissed a claim under the Fair Labor Standards Act brought by two former ministers of the Salvation Army for unpaid wages and overtime pay. The court held that the "ministerial exception" developed under Title VII of the Civil Rights Act also applies to suits under the FLSA. The exception prevents courts from intruding on matters of church administration. The court also held that the exception applies even though plaintiffs' duties were primarily to operate Salvation Army Thrift Stores. It said that those stores not only provide funds to support The Salvation Army's Adult Rehabilitation Centers, but also provide work therapy for the beneficiaries who reside there.