Muslim Cleric In Kashmir Opposes Army Aid In Renovating Mosques

In the Indian state of Jammu & Kashmir, the army has been helping to construct and renovate community service buildings such as schools, hospitals, and sports and entertainment venues. However one aspect of their work has created controversy. They have been building and repairing Islamic religious places. Now the grand mufti of Jammu & Kashmir has issued a fatwa saying that Islamic law bans non-Muslims from constructing, reconstructing or renovating any mosque or shrine. Greater Kashmir has much of the text of the ruling. He also ruled that no donation can be accepted from a non-Muslim for religious affairs. He urged the people to pay the army back the money it has already spent on the construction. ZeeNews today reports that the fatwa has been endorsed by the Muslim Personal Law Board and Nadwatul Ulama Jammu and Kashmir. Hurriyat leader Mirwaiz Umer Farooq said that the Army's efforts wree an attempt to dilute the Kashmiri culture and religion.

Recent and Upcoming Books of Interest

University of California Press:

• Donald E. Miller & Tetsunao Yamamori, Global Pentecostalism: The New Face of Christian Social Engagement, (Sept. 2007).
• John J. DiIulio., Jr., Godly Republic: A Centrist Blueprint for America's Faith-Based Future (Oct. 2007).

Rutgers University Press:

• Kate McCarthy, Interfaith Encounters in America, (March 2007).
• Lynn Schofield Clark, Religion, Media and the Marketplace, (March 2007).

University of Michigan Press:

• Angela D. Dillard, Faith in the City- Preaching Radical Social Change in Detroit, (2007).

Georgetown University Press:

• David L. Clough & Brian Stiltner, Faith and Force- A Christian Debate about War, (May 2007).
• J. Matthew Wilson (ed.), From Pews to Polling Places- Faith and Politics in the American Religious Mosaic, (Oct. 2007).
• Irene Oh, The Rights of God- Islam, Human Rights, and Comparative Ethics, (Nov. 2007).
  

Ugandan Religious Leaders Oppose Domestic Relations Reform

Uganda has ratified the United Nations Convention on Elimination of All Forms of Discrimination Against Women. In an attempt to carry out its terms, Parliament has been attempting to reform its marriage and divorce laws. However so far both the Muslim and Christian communities have opposed the Domestic Relations bill-- and Parliament has been unable to pass it, according to a report yesterday by the East African Standard. Muslim leaders say that the bill is inconsistent with Islamic law in several ways. It does away with required parental consent for marriage; and it allows polygamy only with the existing wife's consent. The Federation of Women Lawyers in Uganda says that less controversial parts of the bill should be enacted quickly so that pressing issues like alimony, property distribution, child support and cohabitation could be dealt with.

Malaysia's High Court Will Rule Wednesday On Reach of Islamic Courts

On Wednesday, Malaysia's Federal Court, the country's highest tribunal, will be announcing a decision that will be crucial in determining the role of Islamic law in the country. The Associated Press reports on the long-awaited decision. The case involves Lina Joy, who renounced Islam and converted to Christianity. After she converted, she applied for a name change on her identity card. The National Registration Department made the change, but refused to change her religious designation. When she appealed, the lower courts told her that only a Sharia court could pass on whether she could convert. Lina Joy however argues that under the country's Constitution she has the right to choose her religion, and that once she decided to become a Christian, she should no longer be under the jurisdiction of Islamic courts. (See prior posting.)

Joy's attorney, Benjamin Dawson, says: "Our country is at a crossroad. Are we evolving into an Islamic state or are we going to maintain the secular character of the constitution?" If Joy loses, apparently she could be prosecuted in Islamic courts for apostasy.

Diocese's Firing Of Youth Protection Advocate Upheld

In O'Connor v. Roman Catholic Church of the Diocese of Phoenix, 2007 U.S. Dist. LEXIS 38141 (D AZ, May 24, 2007), an Arizona federal district court dismissed a Title VII claim, finding that the termination of a Youth Protection Advocate by the Diocese of Phoenix was within the statutory exception that permits religious employers to discriminate in favor of members of their faith. Jennifer O'Connor claimed that her termination was triggered by her disagreement with the way in which the Diocese was handling a particular sexual abuse case. However the court found that a stated requirement of her position was that she be "an active practicing Catholic who is in full communion with the Church". It accepted the Diocese's contention that O'Connor was terminated because she had recently married outside the Catholic Church, holding that it is a matter of religious interpretation as to whether that was a violation of the requirement to remain in full communion with the Church. Having dismissed the federal claim, the court declined to exercise jurisdiction over a related state law claim.

Recent Law and Religion Articles

From SSRN:
Christopher Borgen, Triptych: Sectarian Disputes, International Law, and Transnational Tribunals in Drinan's Can God and Caesar Coexist?, St. John's Legal Studies Research Paper No. 06-0074.

From SmartCILP (in part):
Karima Bennoune, Secularism and Human Rights: A Contextual Analysis of Headscarves, Religious Expression, and Women's Equality Under International Law, 45 Columbia Journal of Transnational Law 367-426 (2007). (Article abstract).

Mark C. Weber, Services for Private School Students Under the Individuals with Disabilities Education Improvement Act: Issues of Statutory Entitlement, Religious Liberty, and Procedural Regularity, 36 Journal of Law & Education 163-210 (2007).

Eric Alan Isaacson, Assaulting America's Mainstream Values: Hans Zeiger's Get Off My Honor: The Assault on the Boy Scouts of America, 5 Pierce Law Review 433 (2007).

Memorial Day Connects Government With Religion

The legal framework for setting today as Memorial Day-- and connecting it to prayer-- is found in President Bush's Proclamation titled Prayer for Peace, Memorial Day, 2007, issued earlier this month. The Proclamation points out that:

Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

However the President's Radio Address on Saturday that focused entirely on Memorial Day was entirely a secular tribute to America's war dead.

As Melissa Rogers has pointed out, a new church-state issue has emerged as Task Force Patriot USA, an evangelical Christian group, for the first time became a sponsor of the annual Memorial Day weekend Salute to the Troops at Stone Mountain Park in Georgia. Originally this year's Salute was billed as an official U.S. Air Force 60th Anniversary event. However, after objections were raised by Americans United for Separation of Church and State, the Air Force issued a statement saying it is not a sponsor of the event. It said that after becoming aware of the religious nature of scheduled activities, it began taking steps to avoid the appearance of endorsement or preferential treatment of any religious faith. (Washington Post).

The Air Force will still do jet fly-overs of the park this weekend, but will only do two of them instead of the originally scheduled nine, and will not schedule them to coincide with religious events at the Salute. (Atlanta Journal Constitution.) The Army's Silver Wing Parachute Team is no longer participating in the event at all.

New York Teen Charged With Religious Hate Crime For Attack On Sikh Student

In Queens, New York on Friday, a 17-year old was charged with violation of New York's Hate Crimes Act for forcibly cutting off the hair of a 15-year old Sikh student whose religious beliefs required him to wear his hair long. A report by 1010WINS says that the two students were trading insults at Newton High School when the 15-year old offered to apologize. The older boy said that only cutting the younger boy's hair would be an apology. He then dragged the Sikh student into a rest room, threatened him, pulled off his turban and cut off his hair, while two other students acted as lookouts. Queens District Attorney Richard A. Brown said the actions were an attack on the 15-year old's fundamental religious beliefs and on his freedom to worship.

Alito Calls For Continued Religious Tolerance In U.S.

U.S. Supreme Court Justice Samuel Alito used his appearance as commencement speaker at Seton Hall University Law School on Friday to make a plea for continued religious tolerance in the United States, in the face of growing intolerance around the world. He emphasized the importance of Article VI of the U.S. Constitution that bars any religious test for federal office, saying we must not return to a time when it was felt that people of some faiths were unfit for public office. The Associated Press reported on the speech. Alito taught as an adjunct faculty member at Seton Hall from 1999 to 2004. (Seton Hall press release.)

RLUIPA Suit Challenges Florida City's Zoning Law As Discriminatory

The South Florida Sun-Sentinel reports that a suit under RLUIPA filed Friday in a Florida federal district court challenges Cooper City, Florida's ban on locating houses of worship in commercial areas. Brought by Chabad of Nova , the suit alleges that the city's zoning laws illegally discriminate against religious organizations. Chabad says the city is attempting to protect its tax base by keeping tax-exempt houses of worship out of commercial areas. For 30 years, the city kept houses of worship in the western, agriculturally zoned area of the city. Last October, it amended its law to allow houses of worship in office parks and recreational facilities, but it still bans them from commercial areas where new congregations often like to find store fronts in which to locate.

Recent Prisoner Free Exercise Decisions In District and Circuit Courts

In Boles v. Neet, (10th Cir., May 24, 2007), the U.S. 10th Circuit Court of Appeals refused to dismiss a suit filed against the warden of a Colorado correctional facility by an Orthodox Jewish prisoner who was kept from leaving the facility for eye surgery because he insisted on wearing his yarmulke and tallit katan. The court said that plaintiff adequately demonstrated that prison authorities substantially burdened his sincerely held religious beliefs, and defendant made no showing of penological interests justifying the restriction. The warden has claimed qualified immunity as a defense.

In Harris v. N.C.P. Dept, 2007 U.S. Dist. LEXIS 37902 (ED NY, May 24, 2007), a New York federal district court held that a prisoner's pro se complaint, liberally construed, may raise a legitimate free exercise claim. Plaintiff claimed he was denied food on one or more occasions because he failed to interrupt his prayers when directed to do so by correctional officers.

In Miller v. Sullivan, 2007 U.S. Dist. LEXIS 37318 (ED CA, May 8, 2007), a California federal Magistrate Judge dismissed, with leave to amend, a prisoner's free exercise claim because it did not allege the nature of the infringement of his religious activity nor what defendants had done to burden his free exercise.

In Livingston v. Griffin, 2007 U.S. Dist. LEXIS 36941 (ND NY, May 21, 2007), a Rastafarian prisoner won a partial victory in his claims that his free exercise rights had been violated by prison authorities. The court rejected his claim that his religious beliefs were substantially burdened when authorities attempted to force him to be handcuffed to, and sit for several hours beside, another inmate who he believed to be a homosexual or transsexual. However the court allowed plaintiff to proceed with his claim that he was wrongfully denied alternative religious meals by prison officials.

In El-Tabech v. Clarke, 2007 U.S. Dist. LEXIS 36719 (D NE, May 18, 2007), a Muslim prisoner filed a claims under the First Amendment and RLUIPA alleging that "his religion requires that he adhere to a Halal diet: eating only permitted kosher food". A Nebraska federal district court refused to grant defendants' motion for summary judgment, finding that genuine issues of material fact exist concerning the allegations of cost and security in affording plaintiff a kosher diet. It similarly allowed plaintiff to proceed with his claims that his religious beliefs require additional showers and adherence to a prayer schedule.

In Dicks v. Binding Together, Inc., 2007 U.S. Dist. LEXIS 36615 (SD NY, May 18, 2007), a New York federal district court allowed an inmate in a work release program to move ahead with his Free Exercise and state law challenges to the refusal by authorities to grant him a pass to attend Pentecostal church services.

In Stewart v. Canteen Food Services, 2007 U.S. Dist. LEXIS 36396 (D AZ, May 16, 2007), an Arizona federal district judge refused to grant a motion by defendant to reconsider an earlier decision permitting a prisoner to move ahead with a free exercise claim that he was not consistently served a lacto-vegetarian diet. It also refused to grant plaintiff's motion to re-instate certain of his claims that had been previously dismissed.

Free Execise Challenge to Sex-Offender Treatment Rejected By Court

In Washington State v. Shaughnessy, (WA Ct. App., May 22, 2007), a Washington state appellate court rejected a claim by a convicted sexual offender, whose supsended sentence was revoked, that his free exercise rights protected by the state constitution had been violated. James Shaughnessy had been sentenced to complete three years in sex-offender treatment, along with other restrictions, as a condition of the suspended sentence. After completing only a few sessions, Shaughnessy fled to Mexico. When he was finally sent back to the U.S., he claimed that the only reason he had fled was that his treatment provider would not let him bring a Bible to his treatment sessions and allowed him to attend church only if he avoided children there. The court held that the reason for revoking Shaughnessy's sentence was that he fled to Mexico. He could have gone to court to challenge the conditions imposed or could have requested a change in treatment providers. The court held that the state did not burden Shaughnessy's religious practices because the conduct he complained of came from his private treatment provider, and the court had not required that particular person be used.

Accommodating Muslim Prayer Is Growing Issue

Accommodation of Muslims who wish to take time at school or work to pray has become a growing issue. The U.S. Department of Justice reports in its May Newsletter, Religious Freedom in Focus, that earlier this month it settled a complaint by Muslim students in the Lewisville Texas Independent School District who wanted to use an empty classroom during lunch to pray. Under the settlement agreement, the school agreed that the Muslim students could use space in a common area outside the cafeteria for their mid-day prayers.

Meanwhile, in Omaha, Nebraska, 70 out of 120 Somali meatpacking workers have now returned to work after they quit their jobs because they were not given sufficient time off to pray at sundown. The company has agreed to accommodate workers as much as they can within the terms of the union contract. The Associated Press says that, as summer arrives, later sundowns may create problems, however. The company is concerned that they will need to completely close down production if too many workers are off the assembly line at the same time for prayer.

Kansas Legislature Passes Bill Urging Faith-Based Prisoner Re-Entry Programs

The Kansas House of Representatives and Senate this week have both passed HB2101, the Transformational Justice Act. The Act broadly encourages re-entry programs for prisoners to help then find jobs, housing and medical treatment upon release. However, the Act contains a number of provisions encouraging provision of these services by faith-based organizations. It directs the Transformational Interagency Task Force to seek partnerships with and communicate regularly with faith-based and community organizations. It also sets up a revolving fund for the Office of Faith-Based initiatives to use for grants to volunteer organizations including, but not limited to, faith-based organizations to provide health, educational or vocational training and programs that assist the reintegration efforts for offenders.

Reporting on the bill following House passage on Tuesday, the Associated Press quoted two representatives who are critical of the bill using state funds for faith-based programs. [Thanks to Blog from the Capital for the lead.]

Saudis Enforce Ban On Non-Muslims In Mecca

World Net Daily today reported on the continuing enforcement by Saudi Arabia of a ban on non-Muslims entering the city of Mecca and having access to the Grand Mosque. A Sri Lankan Christian, Nirosh Kamanda, came to Saudi Arabia to work as a truck driver, and secretly moved to Mecca to sell goods near the Grand Mosque. He was arrested after the Saudi Expatriates Monitoring Committee used a high-tech finger-print identification system to find him.

Alabama Supreme Court Remands Case On Inspecting Church Records

In Ex Parte Board of Trustees/ Directors and/or Deacons of Old Elam Baptist Church, 2007 Ala. LEXIS 92 (May 25, 2007), the Alabama Supreme Court issued a writ of mandamus directing a trial court to vacate its order permitting inspection of a church's business and financial records. A suit seeking the records was brought under provisions of the state’s non-profit corporation law that permits inspection of books and records by church members.

Defendants claim that plaintiffs are no longer members of the church, and so are not entitled to inspection. In face of the lawsuit by plaintiffs, the Church had amended its Standard Operating Procedures (SOP's) to provide that anyone who is a party to a lawsuit against the church or its leaders shall be removed from the membership rolls. The SOP's also provided that the pastor could place members on probation. However the court refused to totally dismiss the case and remanded it to the trial court for it to determine whether the SOP's are in fact the bylaws of the church, and, if they are, whether the relevant amendments to them on expulsion of members were properly adopted.

Justice See, dissenting in part, said that the First Amendment precludes civil courts from inquiring into ecclesiastical concerns of the Church. That includes inquiry on whether those acting on behalf of the Church had the authority to terminate plaintiffs' membership.

UPDATE: On Oct. 5 2007, the Alabama Supreme Court denied a petition for rehearing, with Justice Parker writing an opinion concurring specially in the denial. 2007 Ala. LEXIS 208.

ROTC Teaching Guide Challenged On Church-State Content

Friday's Forward reports that Mikey Weinstein, who has been battling with the military over religious discrimination and Christian proselytizing in the armed forces, now has a new target. He says that an educational guide distributed to high schools for use in the Junior ROTC program recommends that students read an excerpt from an article that questions the usual understanding of separation of church and state. The excerpt argues that Thomas Jefferson’s 1802 Letter to the Danbury Baptists was intended to only keep government out of religious affairs, and not keep religion out of government.

The article also reports that Weinstein is formulating a far-reaching litigation strategy for his Military Religious Freedom Foundation, and discusses Weinstein’s confrontational style that has led some organizations that might otherwise be his natural allies to tread cautiously.

Kansas AG Files Suit For Ruling On Anti-Funeral Demonstration Law

In March, the Kansas legislature passed a bill banning demonstrations within 150 feet of a funeral and allowing family members to sue demonstrators for defamation. However the bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. (See prior posting.) On Thursday, according to the Kansas City Star, Kansas Attorney General Paul Morrison filed the required suit in the Kansas Supreme Court. Like many other states, Kansas aimed its law at pickets from the Westboro Baptist Church known for picketing veterans’ funerals with signs accusing America of harboring homosexuals.

Iowa State Coach Wants Football Team Chaplain; Faculty Object

Iowa State University's football coach, Gene Chizik, wants to hire an official chaplain for the team, to be paid for from private donations, according to reports from the AP and the Iowa State Daily. Chizik says student athletes are under a great deal of pressure and need access to spiritual guidance. Dave Turnball, area director for the Iowa Fellowship of Christian Athletes, reportedly has begun raising funds to support the idea. However, over 100 ISU faculty members have signed a petition opposing the plan. They say it is improper for a public university to hire a chaplain, and that the proposal under consideration favors Christianity over other religions.

Masachusetts High Court Dismisses Challenge To Catholic Church Closing

In Maffei v. Roman Catholic Archbishop of Boston, (MA Sup. Jud. Ct., May 25, 2007), the Massachusetts Supreme Judicial Court dismissed a challenge to the decision of the Archdiocese of Boston to close and sell off St. James Church in Wellesley. St. James was built on property donated to the Archdiocese by the Maffei family. Plaintiffs claim the Archdiocese had agreed that St. James would be maintained in perpetuity in honor of Waldo Maffei's father, and if not the property would revert to the Maffeis. Another plaintiff sued to recover donations made to St. James before it closed. They all claimed that the Archdiocese should have informed them that under Canon Law the church could be closed at a future time. The Court held that insofar as the plaintiffs' claims are based on alleged fiduciary or confidential relationship between a clergyman and his congregants, they raise matters of internal church governance that the First Amendment precludes civil courts from deciding. Other claims in the suit, the Court said, are not supported by the evidence. WCVB-TV today reported on the decision.