Egyptian Blogger Jailed For Insulting Islam

In Egypt on Thursday, Abdel Kareem Nabil, 22, a former law student at Al Azhar University, was sentenced to 3 years in prison for using his blog to insult Islam and the Prophet Muhammad, and inciting sectarian strife. He was sentenced to an additional year for insulting Egypt's president, Hosni Mubarak. The Herald (Glasgow, Scotland) today reports that Nabil, blogging under the screen name Kareem Amer, strongly criticized conservative Muslims after a 2005 Muslim attack on a Christian church over a play that Muslims found offensive. In March, Nabil was expelled from Al Azhar where he had been a law student. He has called Al Azhar the "other face of the coin of al Qaeda" and has called for the University to be dissolved or secularized.

Russian Student's Challenge To Teaching of Evolution Dismissed

In Russia on Wednesday, the Admiralty District Court in St. Petersburg dismissed a suit that had been brought by Maria Shreiber, a 16-year old student, who claimed that her rights were violated and her religious beliefs were insulted by her school's teaching of the theory of evolution. She wanted her school to offer alternatives to the treatment of evolution set out in her 10th-grade biology textbook. Wednesday's International Herald Tribune reported that Schreiber has now dropped out of school after receiving low grades that her father attributed to teachers who were prejudiced against Maria. Schreiber's father, Kirill Schreiber, told the press, "Our task remains the same: to dethrone Darwin's theory." (See prior posting.)

Muslim Police Officer's Discrimination Claim Dismissed On Procedural Grounds

In Webb v. City of Philadelphia, 2007 U.S. Dist. LEXIS 11762 (ED PA, Feb. 20, 2007), a Muslim woman police officer brought four discrimination charges against the Philadelphia police department after it refused to allow her to wear khimar (Muslim head covering). In this decision the court dismissed two of those charges on procedural ground. Her Title VII claim of sex discrimination based on the fact that the department granted religious accommodations for men to wear beards was dismissed because that charge had not been presented to the EEOC. Her state claim of religious discrimination under Pennsylvania's Religious Freedom Protection Act was dismissed because she had not given the city the required statutory notice of her claim before filing suit.

Suit Challenges Jacksonville's Permit Requirement To Feed Homeless

In Jacksonville, Florida last week, Michael J. Herkov, an associate professor at North Florida University filed a federal lawsuit challenging the constitutionality of a city ordinance that requires a permit in order to hand out food to the homeless. Yesterday's Florida Times-Union reports that Herkov alleges that the ordinance interferes with his carrying out a basic tenet of his Christian faith. City Assistant General Counsel Ernst Mueller says that the law is not directed at interfering with anyone's religion. It is intended to assure sanitation and toilet facilities where food is distributed and to protect the homeless population from dangers of spoiled food. But Herkov's attorney, Scott Fortune, says the law is so broadly worded that it could be construed to prevent serving someone coffee or a meal at one's home without a permit.

British School Girl Loses Battle To Wear Niqab

24dash.com yesterday reported that a British High Court has ruled against a 12-year old Muslim student who was challenging her Buckinghamshire school's ban on her wearing a niqab (full face veil). The student had argued that the ban violated her "legitimate expectation" and infringed her right to freedom of "thought conscience and religion" under the European Convention on Human Rights (Art. 9). The court, however, upheld the school, finding that the ban was "proportionate". The veil prevented teachers from seeing the pupil's facial expressions and so interfered with effective classroom interaction; the ban was necessary to enforce a school uniform policy so girls of different faiths would have a sense of equality and identity within the school; school security required the ban so that an unwelcome visitor could not move incognito around the school wearing a niqab; and the ban was necessary to avoid peer pressure on girls to start wearing the veil. Authorities have offered the student-- who is now being tutored at home-- a place at a different mixed school where wearing of the niqab is permitted, but she wants to go back to her original school. (See prior related postings 1, 2.)

Probationer With Religious Objections Permitted To Give Swab DNA Sample

The Violent Crime Control and Law Enforcement Act of 1994 creates a federal index of DNA samples from convicted offenders, crime scenes, and unidentified human remains. 42 USC Sec. 14135a (d) (1) requires probation officers to collect a DNA sample from individuals on federal supervised release. In United States v. Holmes, 2007 U.S. Dist. LEXIS 11597 (ED CA, Feb. 20, 2007), a California federal district court agreed with Elden Holmes who was on supervised release that he should be able to provide a buccal swab DNA sample rather than a blood sample because of his religious objections to having his blood drawn. The court found that under the Religious Freedom Restoration Act, drawing blood would impose a substantial burden on Holmes free exercise of religion, that the government lacks a compelling interest in requiring a blood sample instead of a cheek swab sample, and that forcing Holmes to submit to a blood-based DNA test is not the least restrictive means of achieving the government's compelling interest in obtaining his DNA profile.

Indiana Church's Zoning Challenge Rejected

In Digrugilliers v. Consolodated City of Indianapolis, 2007 U.S. Dist. LEXIS 11485 (SD IN, Feb. 15, 2007), and Indiana federal district court denied a preliminary injunction to a Baptist Church that was cited by the city for being in violation of zoning ordinances. The court rejected plaintiff's argument that requiring the Church to apply for a zoning variance unduly burdens its religious practice under the First Amendment and RLUIPA. The court found no basis to conclude that nonreligious land uses are treated more favorably than religious uses in seeking or receiving a variance. It said that religious land uses implicate land use concerns not posed by permitted uses such as community centers and auditoriums, including limiting the commercial viability of surrounding land because businesses such as liquor stores and adult bookstores cannot locate nearby. The court also rejected claims that the zoning ordinance infringed the Church's free expression rights, finding among other things that the ordinance is not a content-based restriction on speech. Finally it rejected claims under the Equal Protection clause and RLUIPA's anti-discrimination provisions.

Schools' Barring of Student Religious Literature Found Unconstituitonal

In Morgan v. Plano Independent School District, 2007 U.S. Dist. LEXIS 11557 (ED TX, Feb. 20, 2007), a Texas federal Magistrate Judge issued proposed findings in a case challenging policies in two Plano, Texas elementary schools that prohibit students from distributing invitations and tickets to church events to fellow students and prohibit them from giving fellow students pencils, brownies and candy cane pens with religious messages. The court held that the allegations, if proven, demonstrate that a number of the defendants engaged in unconstitutional viewpoint discrimination in banning religious viewpoint material while permitting students to distribute secular material to their classmates. The findings recommended the denial of motions to grant qualified immunity to those defendants. (See prior related posting.)

UPDATE: In a later proceeding in the same case at 2009 U.S. Dist. LEXIS 60179 (Feb. 27, 2009), the court denied qualified immunity to the school principal who stopped an elementary school student from passing out religious-themed pencils in the cafeteria and outside on school grounds during and after school hours.

Former Court Administrator Claims Religious Motives In Her Dismissal

Yesterday's Detroit News reports on a religious discrimination lawsuit filed by Julie Pucci, the former deputy administrator of Michigan's 19th District Court. Pucci was in a live-in sexual relationship with District Judge William Hultgren. In March 2005, Pucci was promoted to Deputy Administrator, but moved back to her deputy administrator position after the Michigan Supreme Court advised her to do so. Subsequently, Judge Mark Somers became chief judge of the 19th District Court. He reorganized the court and eliminated Pucci's position. Her lawsuit claims that Somers took that action because of his religious objections to her relationship with Hultgren. Pucci claims that Somers routinely forces his Christianity on the court, for example by asking defendants about their church attendance.

Suit Filed Over School's Objection To Jesus Halloween Costume

A federal lawsuit was filed on Tuesday against the Abington Township (PA) School District and a principal of one of its schools over last year's Halloween activities. According to a report by the AP and a release by the Alliance Defense Fund, students at Willow Hill Elementary School were to wear a costume at school on Halloween if they wanted to take part in the school's parade and party. A 4th grader and his mother objected on Christian religious grounds to promoting Halloween and its pagan elements. So they proposed that the student come to school dressed as Jesus.

However, school Principal Patricia Whitmire objected saying that the costume would violate the school's policy against advocating religion-- even though other students would dress as witches and warlocks. When the student appeared in the Jesus costume, Whitmire told him to remove the "crown of thorns" that was part of his costume and not identify himself as Jesus. The complaint in the case (full text) seeks a declaratory judgment that defendants action violated the student's free speech, free exercise of religion, due process and equal protection rights.

Kazakhstan Considering More Restictive Religion Law

Forum 18 yesterday reported that Kazakhstan's Religious Affairs Committee in the Justice Ministry is drafting new restrictive amendments to the nation's 2005 Religion Law. (See prior posting.) Under consideration are provisions to ban all unregistered religious activity. Registered religious groups with fewer than 50 adult citizen members would be prohibited from publishing or importing religious literature, setting up companies to produce religious objects or distribute theological literature, maintaining open places of worship or religious buildings, seeking or accepting donations, or conducting charitable activities.

Justice Department Announces New Religious Freedom Initiatives

Yesterday, the U.S. Department of Justice released its Report on Enforcement of Laws Protecting Religious Freedom: Fiscal Years 2001- 2006. (AP report.) It also issued a press release announcing the First Freedom Project-- a number of new initiatives to promote religious freedom. Attorney General Alberto J. Gonzales says the department will: (1) create a Department-wide Religious Freedom Task Force; (2) initiate a program of public education to make certain that people know their rights and that community leaders bring religious liberty concerns to the department's attention; (3) hold a series of regional training seminars for religious, civil rights and community leaders; (4) launch a new website with information on laws protecting religious freedom and how to file a complaint; and (5) distribute informational literature on how to file religious discrimination complaints.

The Attorney General also announced these initiatives in a speech before the Executive Committee of the Southern Baptist Convention. (Full text.) In the speech he referred to the events of 9-11, saying that:"Nothing defines us more as a Nation – and differentiates us more from the extremists who are our enemies – than our respect for religious freedom."

He also praised the leadership of President George W. Bush, saying: "Most Americans believe in God. And so they naturally understand and accept the limitations and imperfections that are a part of being human. Perhaps because of our frailties, most of us yearn for heroes, we are attracted to and inspired by leaders who perform extraordinary deeds or at least inspire others in worthy causes. I believe this is why many Americans share a natural curiosity—a fascination—about the President of the United States.... [T]here are very few individuals as strong in their faith as George W. Bush."

Yesterday's Tennessean reported on the Attorney General's speech. It quoted Hedy Weinberg, executive director of the Tennessee branch of the American Civil Liberties Union, who wondered why the announcement of the new initiatives was made to a meeting of a single religious group rather than to an interfaith gathering.

Cert. Denied In Staten Island Billboard Case

Yesterday, the United States Supreme Court denied certiorari (Order List) in Okwedy v. City of New York, (Case No. 06-676). The case involves a constitutional challenge to action taken by the president of the Borough of Staten Island who wrote a billboard company urging it to taken down an anti-gay billboard advertisement posted by Keyword Ministries church. (See prior posting.) SI Live reported on the denial of cert.

U.S. Religious Conservatives Oppose Ratification of Treaty On Gender Discrimination

Conservative leaders, including conservative religious groups, are initiating an effort to prevent U.S. ratification of Convention on the Elimination of All Forms of Discrimination Against Women. The Convention was adopted by the United Nations General Assembly 28 years ago, and 185 countries are a party to it. The United States signed the treaty in 1980, but it has never been ratified by the Senate. BP News reported yesterday that supporters of the treaty have asked Sen. Joseph Biden, chairman of the Senate Foreign Relations Committee, to schedule a vote on the treaty March 8, International Women's Day. Rep. Lynn Woolsey has circulated a letter to members of the House of Representatives seeking support for a non-binding resolution asking the Senate to ratify the Convention.

Now, however, Rep. Chris Smith along with pro-life organizations have circulated their own letters opposing the treaty, arguing that it "will be distorted and used against provisions like parental involvement laws, the ban on barbaric partial-birth abortions and conscience protection for people of faith -- not to mention promoting taxpayer funding for abortion." Opponents are particularly concerned with Article 12 of the Convention that provides: "States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning."

Prisoners' Inter-Religious Dialogue Is Not Religious Practice

A Wisconsin federal district court took a novel approach in denying a claim by an atheist prisoner that he should be permitted to form a study group for inmates who designate themselves as atheists, humanists, freethinkers and "other" and inmates who have no religious preference. In Kaufman v. Schneiter, (WD WI, Feb. 15, 2007), the court said:

petitioner is not challenging the prison’s decision to deny atheists the opportunity to meet together to discuss their commonly held religious beliefs. Instead, petitioner alleges that he asked prison officials to authorize a group for inmates of differing religious and philosophical persuasions, including inmates with no religious preference at all, to meet together to discuss their differing ideas. Such an activity is more akin to a debate society meeting than to a group religious practice. Although petitioner might wish to share his atheist beliefs with others (just as a Christian inmate might wish to evangelize his fellow prisoners), prison officials do not violate inmates' free exercise rights when they refuse to permit gathering of inmates of different religious or philosophical persuasions for the purpose of facilitating inter-religious dialogue.

However, the court did permit plaintiff to proceed with his claim that his rights under the First Amendment and RLUIPA were violated when prison officials refused to permit him to order literature about atheism.

New Jersey School Board Prohibits Religious Teaching In Wake of Class Recordings

In Kearny, New Jersey last night, the Kearny Board of Education held a heated meeting focusing on a teacher's religious proselytizing in class-- taped by a student. (See prior posting.) Civil rights groups have offered to represent the student, Matthew LaClair, in court. (New York Times.) WABC reported that the Board of Education yesterday adopted a policy that prohibits teaching of religion in schools. Teacher David Paszkiewicz, though, will keep his job. And the Board has already ruled that students can no longer tape classes unless they first ask for permission.

British Muslim Peer Speaks Out Against Niqab

In Britain, Lord Ahmed of Rotherham, the leading Muslim member of the House of Lords, reversed his prior position and spoke out against Muslim women in Britain wearing the niqab (full-face veil). This Is London reported yesterday that Ahmed, one of the Labour government's main Muslim supporters, said that "the veil is now a mark of separation, segregation and defiance against mainstream British culture." He said it is a "barrier to integration" that invites "harassment" from non-Muslims.

Cert. Denied In NY School Holiday Decorations Case

The U.S. Supreme Court today denied certiorari (order list) in Skoros v. New York (Case No. 06-171). In the case below, the 2nd Circuit last February in a 2-1 decision upheld a New York City Department of Education policy that allows the menorah to be displayed as a symbol of the Jewish holiday of Hanukkah and the star and crescent to be displayed as a symbol of the Islamic holiday of Ramadan, but permits only secular symbols, and not a creche or nativity scene, to be displayed as a symbol of Christmas. (See prior postings 1, 2 ). The Supreme Court had the case on its calendar to consider at its conference seven previous times before it finally decided to deny cert. today. (See SCOTUS Blog). Today's AP reports on the case. [Thanks to Richard Watson for the information.]

San Diego Diocese Considering Bankruptcy Filing

The Roman Catholic Diocese of San Diego, California may become the fifth Catholic diocese in the United States to declare bankruptcy in the face of lawsuts over past priest sexual abuse of minors, according to yesterday's San Bernadino Press-Enterprise. In a letter to parishioners distributed Sunday by Bishop Robert Brom, the diocese said that attorneys had been unable to reach a settlement with lawyers for those who claim to have been molested by priests. The letter continued: "Good stewardship demands that settlements not cripple the ability of the church to accomplish its mission and ministries. If this cannot be done through settlement negotiations, the diocese may be forced to file Chapter 11 reorganization in bankruptcy court." A number of the pending suits name the San Bernadino diocese along with that of San Diego. John Manly, an attorney who represents plaintiffs suing both dioceses, says that San Diego's decision may pass more damages off to San Bernadino. He continued: "This is not about money. This is about disclosing information and giving people their day in court."

Ukraine Archives Takes Back Jewish Community's Torah Scrolls

In central Ukraine, the Jewish community of Zhitomir (run by Chabad) has been forced to return their remaining 10 Torah scrolls to the Zhitomir Regional State Archives. JTA yesterday reported that the scrolls originally belonged to synagogues and individuals in Zhitomir, but were confiscated by Nazis during their occupation of Ukraine in World War II or were seized by Communist authorities in anti-religious campaigns. The returned scrolls are among 290 held by the Archives which had loaned 17 of them to the Jewish community. However, in disputes about whether the scrolls had been damaged, the Archives has taken them back. The Jewish community hopes that Ukraine's legislature will enact a restitution law so the Torahs can be reclaimed.