Was Saddam's Execution On Sunni Eid Illegal?

The Associated Press yesterday reported that many Sunnis in Iraq are outraged over the execution of Saddam Hussein. Part of the anger stems from the claim that the timing of the execution violates Section 290 of Iraq's Law on Criminal Proceedings (1971). The section provides:

The death penalty cannot be carried out on official holidays and special festivals connected with the religion of the condemned person.

Sunnis and Shiites disagree on the date for the celebration of Eid al-Adha. Saddam's execution-- at dawn on Saturday-- was hurried to avoid the Shiite celebration of Eid al-Adha that began Saturday evening (see prior posting). However the Sunni celebration had already begun on Friday at sundown. Saddam was Sunni, so it would appear that Section 290 would preclude his execution on the Sunni dates of the Eid. That is what Rizgar Mohammed Amin, the Kurdish judge who originally presided over Saddam's trial thinks. (International Herald Tribune, Jan. 1).He was removed during the trial when Shiites claimed he was too lenient.

All of this makes very important the remark of Munir Haddad, a judge on the Iraqi High Tribunal who represented the Tribunal at the execution. He was quoted by the International Herald Tribune on Friday as saying: "The official Id in Iraq is Sunday... Saddam is not Sunni. And he is not Shiite. He is not Muslim." It is not clear whether Haddad claims to have any legal basis for this assertion, though during Saddam's rule Shiites objected strongly to the secular policies of Saddam's Sunni-backed Ba'athist government.

At any rate, the timing of Saddam's execution, coupled with executioners' remarks as Saddam was being hanged, reinforces the image of Saddam's execution as revenge by Shiites on Sunnis. (Baltimore Sun; Los Angeles Times).

Christian Lawyers Petition Queen To Protest Rules On Equal Rights For Gays

In Britain, a group of lawyers known as Christian Concern for Our Nation has petitioned Queen Elizabeth, asking her to pressure the government to withdraw the new Sexual Orientation Regulations that have been proposed under the Equality Act 2006. Today's Pink News reports that the petition calls the Queen's attention to her Coronation Oath in which she pledged to use her power to "maintain the Laws of God and the true profession of the Gospel". The petition goes on to say that the proposed Regulations "purport to eliminate discrimination on the grounds of sexual orientation, but have the consequence of discriminating heavily against Christians.... The Regulations will make it unlawful for a Christian to refuse to promote homosexual practice and will make it unlawful for our children to be taught the importance of marriage in any schools above the importance of practising homosexual relationships." (See prior related posting.) Northern Ireland has already implemented the Act, with new rules that came into effect on January 1. The proposed rules are scheduled to take effect in England and Wales in April. (Pink News.)

Injuries In Turkey From Animal Sacrifices Outside Municipal Facilities

It is traditional for Muslims during the feast of Eid al-Adha to sacrifice cows, sheep, goats and bulls to commemorate God's providing a ram for Abraham to sacrifice in place of his son. (Muslims believe that it was Ishmael who Abraham took to sacrifice, while Jewish and Christian sources say it was Isaac.) Muslims then share the meat they have butchered with friends and family and give part of it to the poor. The Associated Press yesterday reported that in Turkey, many Muslims have ignored government rules that require animal slaughtering to take place in special municipal facilities. Over 1,400 people were treated at hospitals around the country after suffering injuries from attempting to slaughter animals in their back yards or on roadsides. Many stabbed themselves, or were injured by startled animals. Three suffered heart attacks while trying to restrain animals, and three others were crushed by animals falling on top of them.

Happy New Year and Thanks To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2007 begins, let me thank all of you for your readership, your comments, the material you send to me, and the links to Religion Clause that you place on your own websites and blogs. Thanks in particular to my regular readers, some of whom tell me that they check the blog every day. Please continue to keep in touch. The e-mail address for communicating with me about Religion Clause has recently changed. You should now send your e-mails to this NEW address: religionclause@bex.net

Readership of Religion Clause during 2006 has grown steadily. Shortly after midnight ushered in 2007, the Religion Clause site meter (measuring readers since the blog began) turned to 104,271. In 2006, Religion Clause attracted over 82,000 readers. I hope this means that there continues to be a need for serious, non-ideological, coverage of legal and political developments relating to religious liberty and to church-state relationships.

Over the last year, international developments have become a more significant portion of my coverage. Increasingly nations around the world-- even though they may have different legal systems-- are facing issues similar to those that regularly arise in the United States, as well as fascinating issues that are unique to their legal systems and traditions. I hope that you find these as fascinating as I do.

Best wishes for 2007,

Howard M. Friedman

Recent Prisoner Free Exercise Cases

In Keith v. Estelle Unit High Security Administration, 2006 U.S. Dist. LEXIS 93014 (SD TX, Dec. 22, 2006), a Texas federal district court rejected a free exercise claim by an Texas inmate who complained that he was not permitted to purchase candles and matches needed to practice Satanic rituals, and was refused assistance in locating nearby churches or groups associated with Satanic worship.

In Nellis v. Jahnke, 2006 U.S. Dist. LEXIS 92965 (ED WI, Dec. 21, 2006), a Wisconsin federal district court permitted a Native American prisoner to move ahead with his free exercise claim against prison officials. The inmate's complaint alleged that he had been denied "chapel studies", the only means of practicing his religion, after he quit his voluntary employment with the prison's food service department out of fear that co-workers would harm him.

White House Issues Greetings To Muslims Celebrating Eid al-Adha

On Friday, the White House issued a Presidential Message sending greetings to all Muslims celebrate Eid al-Adha. The message describes the holiday as a four-day observance to "honor Abraham's example of sacrifice and devotion to God". The message continues: "This holiday reminds us of the values that so many of our citizens hold in common, including love of family, gratitude to God, the importance of community, and a commitment to respect, diversity, tolerance, and religious freedom." In the United States, celebration of Eid al-Adha began today. (Pittsburgh Post-Gazette).

Reports Of Chinese Arrests Of Priests Loyal To Vatican Denied

In China, the government recognizes only the state-approved Catholic Patriotic Association (CPA) churches. However a number of underground churches remain loyal to the Vatican, and reports (AsiaNews.it) say that nine priests from the underground Catholic church in Hebei province were arrested by police on Wednesday. Yesterday's Washington Post quotes Liu Bainian, vice chairman of the CPA, as saying he had not heard of any arrests. He denied there was a campaign on to crush the underground church movement and said underground churches that violate the law will be dealt with by police, not the Catholic Patriotic Association.

Church-State Relations Being Redefined In Europe

Today's Washington Times reports on the conflicting pressures throughout Europe as the continent attempts to redefine the relationship between religion, politics and civil life. Traditional groups are seeking a greater recognition of Europe's Christian heritage. Others are seeking new models to better integrate Europe's growing Muslim communities. Jonathan Bartley, co-director of Ekklesia, says: "We are witnessing post-Christian Europe taking shape. The remaining alliances of religion and governments don't make sense anymore, in many people's eyes, and they are coming apart."

Invasive Fish Regulations Said To Violate Fish Owner's Free Exercise Rights

Wildlife regulations in the state of Maine prohibit importing or possessing koi-- an invasive fish species-- without a state permit. Today's Portland Press Herald reports that restaurant owner Cuong Ly is challenging on free exercise of religion grounds the state's insistence that he not put his ten pet koi on public display. On Friday he filed a court challenge to the restrictions. Prior to their seizure last July, for 15 years Ly had kept the fish in a 150-gallon aquarium in his restaurant. Ly says that his Feng shui spiritual beliefs require that the fish be seen in order for them to bring good luck to his restaurant. Originally the state insisted that he also implant identifying microchips in the fish, but now regulators have dropped that requirement in favor of Ly taking identifying photos of the fish.

Soccer League Permits Sikhs To Play Wearing Patkas

The Sikh-American Legal Defense Fund yesterday issued a press release on a ruling last month that now allows players in the Lehigh Valley Pennsylvania Youth Soccer League to play soccer while wearing a patka-- a Sikh religious head covering. The State of Pennsylvania Referee Association said that the "Secretary General of the United States Soccer Federation has given permission to those bound by religious law to wear such head coverings, usually a turban or yarmulke."

Another Indian State Passes Anti-Conversion Law

The Indian state of Himachal Pradesh yesterday passed an anti-conversion law-- but one that is somewhat milder than those in other states. The law bans forcing or inducing another person to change religions, and provides that the victim can freely return to his original religion within a month of the conversion. The law is particularly aimed at Christian missionaries who convert poor Hindus with inducements of free education and health care. ANI reports that while five Indian states ruled by the BJP Party have passed anti-conversion laws, this is the first such statue passed in a state whose government is controlled by the Congress Party.

California Supreme Court Rejects Murderer's Complaint On Use Of Bible In Jury Deliberations

In People v. Williams, (CA Sup. Ct., Dec. 28, 2006), the California Supreme Court on Thursday rejected a convicted murderer's argument that he should be granted a new trial because a juror had brought several pages copied from a Bible into the jury room and had read passages from them during penalty phase deliberations. The Court concluded that, given the circumstances-- including another juror saying immediately after the reading that religion should play no part in their decision-- it was not substantially likely that any juror was actually biased against the defendant because of the Bible reading. Yesterday's Bakersfield Californian reports on the decision.

Saddam's Execution Hurried To Miss Muslim Holiday

Today’s New York Daily News reports that Saddam Hussein’s execution just before dawn Saturday in Baghdad was carefully timed to take place before the start of the Muslim festival of Eid al-Adha. The holiday, also known as the Festival of the Sacrifice, commemorates Abraham's willingness to sacrifice his son to God.

Iraqi law, written during Saddam’s regime, prohibits executions during a religious holiday. The International Herald Tribune reports that some confusion existed on timing because the Eid does not begin until Sunday for Shiites—who now control the Iraqi government. So the official holiday in Iraq did not begin until then. However for Sunnis—Saddam's sect—the holiday began on Saturday. An Iraqi official expressed some frustration at the confusion: "According to the law, no execution can be carried out during the holidays. After all the hard work we have done, why would we break the law and ruin what we have built?" CBS News reports that the Iraqi government consulted Muslim clerics on the timing issue. In the end, according the International Herald Tribune: "the hanging was carried out with such haste that an ad hoc air at times overshadowed the historical import."

According to Pakistan's The International News, two other defendants sentenced to death along with Saddam will not be executed until after the holiday ends-- Tuesday for Sunnis and Wednesday for Shiites.

To those looking for historical analogues, the hurried execution in the face of an upcoming religious celebration brings to mind the circumstances surrounding the execution 53 years ago of Julius and Ethel Rosenberg in the United States. The convicted atom spies' execution was hurriedly advanced from 11:00 p.m. on Friday night to 8:00 p.m. after the Rosenberg's lawyers—seeking a 24 hour delay—argued that it would be a sacrilege to kill the Rosenberg's—who were Jewish—on their Sabbath. (from Natl. Comm. to Reopen Rosenberg Case).

UPDATE: Governments in a number of Sunni Muslim countries have criticized the decision to execute Saddam Hussein on Eid al-Adha. Sunday's Chicago Tribune reports that leaders in Saudi Arabia, Libya, Egypt and Afghanistan criticized the timing of the execution. Among Arab countries, only Kuwait welcomed the developments. Saad bin Tafla al-Ajmi, former information minister of Kuwait, said "This is the best Eid gift for humanity." Meanwhile, Reuters reports that a number of European leaders, as well as the Vatican, have criticized use of the death penalty even for Saddam.

4th Circuit Decides Two RLUIPA Cases

Yesterday, the U.S. 4th Circuit Court of Appeals handed down decisions in two RLUIPA cases:

In Madison v. Commonwealth of Virginia, (4th Cir., Dec. 29, 2006), the 4th Circuit upheld the constitutionality of RLUIPA as a valid exercise of Congress’ spending power. It rejected Virginia’s broad sovereign immunity defense, finding that Congress conditioned Virginia’s acceptance of federal correctional funds on the state’s consent to be sued under RLUIPA. However, the court held that because RLUIPA does not unequivocally indicate that the waiver of sovereign immunity extends to money damages, the Eleventh Amendment bars claims for monetary relief against Virginia.

The case was brought by a Virginia inmate seeking the prison’s “Common Fare” meals. He claimed that his “Hebrew Israelite” religion directs him to eat a kosher diet. The United States had intervened in the case on the side of the inmate, and amicus briefs in support of the prisoner’s position had been filed by the ACLU, the Becket Fund for Religious Liberty, and the Coalition of Prison Chaplain Associations. The Associated Press reported on the decision.

In Lovelace v. Lee, (4th Cir., Dec. 29,2006), the 4th Circuit in a 2-1 decision held that Virginia prison officials had not adequately justified their policy on Ramadan observance that resulted in a disciplinary denial of a Nation of Islam prisoner's participation in the Ramadan fast and weekly prayer services. It held that under RLUIPA, prison officials had the burden of showing that their actions were the least restrictive means of furthering a compelling governmental interest. The court held that mere negligent deprivations did not violate RLUIPA, but that here plaintiff’s claim against the correctional officer alleged intentional conduct. The majority also permitted plaintiff's free exercise and due process claims to proceed and refused, on the present state of the evidence, to find that a correctional officer defendant had qualified immunity.

Judge Wilkinson, dissenting, said "not content to recognize this case for what it is — a possibly legitimate complaint by a Muslim prison inmate that his Ramadan fasting rights were deliberately and maliciously violated by a prison guard — the majority expands it to what it is not, an excuse for top-to-bottom fine tuning of an accommodating policy designed to foster the very values of religious expression set forth in RLUIPA."

Top Ten 2006 Free Exercise- Church/State Developments

Here are my picks for the Top Ten developments in Church-State Separation/ Free-Exercise of Religion in 2006. They reflect my judgment on the relative lasting importance of the many judicial, legislative and political events of the past year. This year, international stories have often carried a high profile, and several of the picks reflect this. Each development has been the subject of many postings over the year. A link to one typical story on the issue accompanies each pick. I invite comments by those who agree or disagree with my choices.

1. Muslim nations react strongly to publication of Muhammad caricatures by Danish newspaper.
2. Fundamentalist Christian clergy work to energize conservative voters for November elections, walking fine line on IRS limits.
3. Military chaplains split on support for guidelines emphasizing inclusive prayer at military events.
4. A federal district court strikes down Iowa’s faith-based prison rehabilitation program.
5. Muslim women around the world find increasing resistance by government agencies, courts and politicians to their wearing of niqab (veil), or even hijab (headscarf).
6. Polygamy begins to regain respectability despite prosecution of FLDS leader.
7. Supreme Court holds religious use of hallucinogens is protected by RFRA.
8. Attempts in courts and Congress to save the Mt. Soledad Cross continue.
9. The Rahman case in Afghanistan and the punishment of proselytization and conversion in Asia and the Middle East capture world attention.
10. Politicians and commentators object to swearing-in on Koran for first Muslim member of Congress.

You can compare the top ten picks for 2006 by the Religious Newswriters Association. Their poll looks to all the year's "religion stories", not just the ones that involve legal or church-state issues. Interestingly, we agree on the top story, but not on many of the others. And if you want to review my 2005 picks, they are still online from a year ago.

UPDATE: Here is another top ten list posted just this morning by Don Byrd at Blog from the Capitol.

Utah Cities Change New Years Celebrations Because Of Mormon Traditions

Provo and St. George, Utah, have switched their cities' traditional New Years Eve celebrations to Saturday in order to avoid conflicts with the Mormon religious practice of discouraging revelry on Sundays. KUTV this week also reported that two other cities, Kaysville and Fruit Heights, have totally cancelled their celebrations.

U.S. Military Seeking To Recruit More Muslims

Yesterday's Christian Science Monitor reported on efforts by the Pentagon to recruit more Muslims into the military. As the need for Arabic speakers, and for those who understand the cultures of Iraq and Afghanistan, increase, the service academies have opened Muslim prayer rooms and have recruited Imams to serve as chaplains. Non-Muslim officers have begun to celebrate religious events with Muslims in the U.S. and overseas. The Marines have tried to accommodate the observance of Ramadan by their enlistees, have created an outreach program to Arab-Americans in major U.S. cities, and are attempting to sensitize Marine recruiters to cultural differences they may encounter in working with Arab-Americans. [Thanks to Melissa Rogers for the lead.]

Thailand Bars "Coyote Ugly" Dancers As Religiously Offensive

In Thailand, the Culture Ministry has banned dancers known as Coyote Girls from dancing in public, particularly near Buddhist temples. The dancers are named after the 2000 U.S. film "Coyote Ugly" about a group of young women who dance seductively on a New York City bar top. Similar dancers began to be featured in Bangkok night clubs, and then began to appear at shopping malls, outdoor festivals and at businesses to promote their products. The Associated Press in a story carried widely over the last few days by U.S. papers reports that Queen Sirikit has ordered a ban after Coyote Girls appeared at a motorcycle shop in mid-October in the northeastern province of Nong Khai. Their performance was near a Buddhist temple that was holding a festival to mark the end of the Buddhist Lent-- a 3-month period devoted to study and meditation.

TSA Trains Agents In Cultural Sensitivity For Hajj Pilgrims

WorldNetDaily yesterday reported that the U.S. Transportation Security Administration has provided sensitivity training to 45,000 airport security officers to prepare them for expected travel by thousands of U.S. Muslims to Saudi Arabia in the Hajj that began yesterday. The State Department publicized the training program on its USINFO website last Tuesday. WorldNetDaily reports that TSA, as well as other government agencies, is working with the Council on American-Islamic Relations (CAIR) on issues relating to profiling and cultural sensitivity. Some are critical of the relationships with CAIR because of actions and statements by some of its leaders since 9/11 and because of the group's relationships with Saudi Arabia and the UAE. [Thanks to Alliance Alert for the lead.]

Court Requires Church To Comply With Amended Zoning Law

Last week, in City of Elgin v. All Nations Worship Center, (IL App. Ct., Dec. 20, 2006), an Illinois appellate court upheld the city of Elgin's attempt to amend its zoning ordinances to avoid problems under RLUIPA and under the First Amendment. After All Nations Worship Center challenged Elgin's total ban on churches in areas zoned for business, the city amended its ordinance to permit churches to obtain conditional use permits in those areas. The church however claimed that since its judicial challenge was filed under the old ordinance-- that it says was invalid-- it acquired a vested right to operate without applying for a permit under the new law. The appellate court disagreed and upheld the lower courts dismissal of the church's counterclaim that challenged the old ordinance. Yesterday's Elgin Courier News reports on the decision.