Upcoming Conferences of Interest

On March 20, the Boston College Law & Religion Program will hold its inaugural conference titled Matters of Life and Death: Religion and Law at the Crossroads.

On April 12-13, the West Virgina University College of Law and the American Constitution Society will sponsor a conference titled The Religion Clauses in the 21st Century.

Army Chaplain Discharged During Attempt To Move To Wicca

Today's Washington Post reports on an army chaplain who was ordered out of Iraq and removed from the chaplain corps -- on a technicality-- as he attempted to change his affiliation from a Pentecostal Christian church to a Wiccan Congregation. Donald M. Larsen entered the chaplain corps under the endorsement of the Full Gospel Churches. When that church learned of Larsen's application to change endorsements to the Wiccan Sacred Well Congregation, it quickly pulled his endorsement. The Sacred Well could not step in immediately because it was still awaiting certification as an official endorser. The gap led the Army to pull Larsen's chaplaincy appointment.

The Post reports: "Jim Ammerman, a retired Army colonel who is president and founder of the Chaplaincy of Full Gospel Churches, acknowledges that there is a longstanding agreement among endorsers not to summarily pull the papers of a chaplain who wants to make a valid switch. 'But if it's not a valid thing, all bets are off,' Ammerman says, adding that Wiccans 'run around naked in the woods' and 'draw blood with a dagger' in their ceremonies. 'You can't do that in the military. It's against good order and discipline.'" [Thanks to Prof. Steven Jamar via Religionlaw listserv for the lead.]

President's Day Brings Discussion of First President's Beliefs

Today is President's Day. The occasion has generated at least two interesting articles on the true nature of George Washington's religious beliefs. One by author Peter Lillback for the Philadelphia Evening Bulletin last week argues that scholars have underplayed the extent of Washington's Christian faith. Another by Beliefnet Editor-In-Chief Steven Waldman concludes: "By the definition of Christianity offered by modern-day liberal Christians, Washington would pass muster. He believed in God, attended church, endorsed the golden rule, and valued the behavioral benefits of religion. But for those who define being a Christian as requiring the acceptance of Christ as personal savior and the Bible as God's revelation, Washington, based on what we know, probably was not 'Christian.'" Finally, here is an article from several years ago on Beliefnet discussing the "controversial" religious views of Washington, Jefferson and Lincoln.

By the way, Presidents Day -- placed on the third Monday in February by the Uniform Monday Holiday Act of 1968 that became effective in 1971 (5 USC 6103) -- is still called "Washington's Birthday" in the federal statute. However, as explained by one U.S. Embassy's website: "President Nixon issued a proclamation declaring the holiday as "Presidents' Day" in 1971. President Nixon erroneously believed that a Presidential proclamation on the matter carried the same weight as an Executive Order. Since that change in 1971, the common term has been 'Presidents' Day'."

Here is a Proclamation issued last week by President Bush which, opting for historical accuracy, proclaims February 22 (not today) as the 275th anniversary of George Washington's birth. (It does not mention today's statutory holiday.) Steering away from controversy, the Proclamation-- in describing Washington's accomplishments-- says nothing about Washington's religious faith or beliefs.

State Reps Circulate Memo On Supposed Jewish Origins Of Evolutionary Theory

An AP article and one from the New York Times over the weekend discuss a memorandum from Georgia state Representative Ben Bridges. The memo says that evolution is a myth propagated by the ancient Jewish Pharisees, and that the Big-Bang theory derives from Kabbala (Jewish mysticism). The memo was apparently written by Marshall Hall, president of the Fair Education Foundation, who says that Bridges consented to his writing it and sending it out in Bridge's name. The memo was distributed to key legislators in California and Texas. In turn, Texas Rep. Warren Chisum, chairman of the state's House Appropriations Committee, sent the memo to all 149 other representatives in the Texas legislature. After a complaint from the Anti-Defamation League, Chisum has apologized

Recent Prisoner Free Exercise Cases

In Hyde v. Fisher, (ID Ct. App., Feb. 8, 2007), the Idaho Court of Appeals concluded that the trial court had erred in dismissing-- largely on procedural grounds-- a prisoner's federal RLUIPA claim and his state claim under the Free Exercise of Religion Protected Act. The prisoner claimed he had been denied the right to practice his Native American religion. The Court of Appeals temporarily remanded the case, which had gone through a full trial, for the court to enter findings of fact and conclusions of law on the statutory claims.

In Howard v. Epps, 2007 U.S. Dist. LEXIS 9716 (ND MI, Feb. 9, 2007), a federal district judge accepted a federal magistrate judge's recommendations that a Rastafarian prisoner's free exercise and equal protection challenges to prison hair-length policies be dismissed.

In Ashanti v. California Department of Corrections, 2007 U.S. Dist. LEXIS 10612 (ED CA, Feb. 15, 2007), a federal magistrate judge, in a long opinion, recommended granting summary judgment for defendants. The effect of this is to reject claims under the 1st, 8th and 14th Amendments by a prisoner that he is entitled to have his African-Muslim name appear as his only name on California Department of Correction records in connection with his current sentence.

Meanwhile the Associated Press today has coverage of a suit filed by a South Dakota prisoner who is seeking various religious items and privileges in order to be able to practice Asatru.

New Zealand Reaffirms Religious Diversity

New Zealand's Human Rights Commission yesterday released a statement on tolerance at an inter-faith forum. NZPA today reported that Destiny Church and Vision Network of evangelical churches expressed outrage that the statement says New Zealand has no state religion. Prime Minister Helen Clark said: "We are very diverse peoples these days we simply couldn't agree on a state religion."

UPDATE: Here is the full text of the Draft National Statement on Religious Diversity.

Recent Articles On Church-State, Law & Religion

From SSRN:
Juan Ferreiro Galguera , Cartoons Crisis, Religious Feelings and European Court of Human Rights (Las Caricaturas Sobre Mahoma Y La Jurisprudencia Del Tribunal Europeo De Los Derechos Humanos), (Revista Electrónica de Estudios Internacionales, Vol. 12, pp. 1-40, 2006).

Dawinder S. Sidhu & Neha Singh Gohil, The Sikh Turban: Post-9/11 Challenges to this Article of Faith, (February 12, 2007).

Timothy D. Lytton, Clergy Sexual Abuse Litigation: The Policymaking Role of Tort Law, (Connecticut Law Review, Vol. 39, No. 3, p. 809, 2007).

From SmartCILP:
Irina D. Manta, Missed Opportunities: How the Courts Struck Down the Florida School Voucher Program, 51 St. Louis University Law Journal 185-202 (2006).

Washington State's Religious Discrimination Complaints Grow

The Associated Press yesterday reported that religious employment discrimination complaints in Washington state have risen twice as fast as the national average. From 2002 to 2006, complaints in the state rose 60%, compared to a 30% rise nationwide. The increase is blamed on rising workplace tensions from the war in Iraq and increasing diversity in the population. While many of the complaints have come from Muslims, there are a growing number from Christians as well.

Religion Continues As An Issue For 2008 Presidential Race

Today's New York Times reprints this cartoon from the Tulsa World commenting on religion in the 2008 presidential race. In addition today's New York Times Magazine carries a piece by Gary Rosen titled Narrowing the Religion Gap?. He says that when one compares the presidential front runners-- Hillary Clinton, Barack Obama, John McCain and Rudy Giuliani-- we may have "a matchup between churchgoing Democrats and secular-minded Republicans."

Governmental Bodies In Israel Feud Over Conversion Standards

This week's Forward carries an article on the tensions between two different governmental bodies in Israel over permitting conversions to Judaism. The state-funded Institute for Jewish Studies that was formed in 1998 to break a deadlock between Orthodox and non-Orthodox Jewish concerns about conversions has stopped referring candidates to Israel's rabbinical courts for conversion until the chief rabbinate appoints new members to the Conversion Authority who will not impose such strict conditions for conversion. Rabbi Andrew Sacks of the Masorti (Conservative) Movement criticized current rabbinical court members, saying that they are imposing a new "Khomeinization of the process of conversion in Israel".

Appointment of new members of to conversion courts has been held up for months. Civil Service Commissioner Shmuel Hollander says this is because he has been under pressure to approve rabbinical court judges who do not meet statutory standards for appointment.

South Korea Debates Religion In Schools

In South Korea, where students are required to attend the school in the district where they live, regardless of whether it is public or private, the Ministry of Education and Human Resources Development is proposing that schools be required to offer more than one alternative to classes in religion. Faith-based private schools receive government funding. Yesterday, The Hankyoreh reported that the Ministry's proposal-- which is scaled down from an earlier draft-- is still controversial. Some say that students could still be forced to participate in religious ceremonies that are inconsistent with their beliefs, while religious schools oppose any regulation of religious education. Meanwhile, in a related case, a challenge to mandatory chapel attendance at religious universities is being considered by Korea's Constitutional Court.

California Defendants Can Refile RFRA Challenge To Marijuana Seizure

In Multidenominational Ministry of Cannabis and Rastafari, Inc. v. Gonzales, 2007 U.S. Dist. LEXIS 10727 (ND CA, Feb. 2, 2007), a number of individuals and a non-profit religious corporation sued federal, state and local officials seeking an injunction and declaratory judgment to prevent confiscation of marijuana plants grown on their property. Plaintiffs had lost challenges to prior seizures of marijuana. This suit was filed after the seizure of 11,500 marijuana plants in 2005. The court dismissed plaintiffs' claims under the First Amendment, the Religious Freedom Restoration Act, RLUIPA, and California's Compassionate Use Act. Some of the claims were dismissed on sovereign immunity grounds. Claims by the corporation were dismissed because, unlike the individual plaintiffs, it could not appear pro se. The court, however, refused to accept defendants' res judicata defense alleging that the claims could have been raised in prior litigation. The court found that the U.S. Supreme Court's O'Centro decision "shifted the legal terrain surrounding plaintiffs' suit, thereby warranting reexamination of the grounds for relief raised in plaintiffs' previous petition." While dismissing plaintiffs' current complaint as insufficient, it gave them the opportunity to file an amended RFRA complaint against the federal officials setting forth a proper prima facie case.

D.C. Circuit Upholds Denial of C.O. Status To Solider

In Aguayo v. Harvey, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the District of Columbia upheld the denial of conscientious objector status to a soldier who had applied for a discharge shortly before he was to be deployed to Iraq. The Court found that Department of the Army Conscientious Objector Review Board had adequate support in the record for its conclusion that "Aguayo lacked the 'religious foundation' or 'underpinning' required of conscientious objectors and had not adequately explained the source of his claimed beliefs; that [he] appeared to hold his beliefs prior to enlistment; and that the timing of [his] application was suspect." NBC5i reported on the decision yesterday. (See prior related posting, and links to legal documents in the case.)

Religious Discrimination Found In Refusal To Process Photos

In Santa Clara County, California last week, a Superior Court judge awarded $4000 in damages and $50,000 in attorney’s fees in a religious discrimination suit filed against a local camera store. The court also ordered the store to not discriminate against customers based on their religion or ancestry. The San Jose Mercury News reported yesterday that plaintiff Mitchell Cutler claimed he was discriminated against when the camera store owner refused to make enlargements of dozens of old photos taken in the early 20th century of Cutler’s relatives in Europe and pre-state Israel. Cutler had told store owner David Muston that the relatives in the photos were forced to flee to France after taking part in political and military activities in pre-state Israel. Muston said he assumed the individuals in the photos were Jewish terrorists and his refusal to enlarge the photos was his way of taking a stance against terrorism.

Protecting Native American Religious Sites OK Under Establishment Clause

In Mount Royal Joint Venture v. Kempthorne, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the D.C. Circuit rejected an Establishment Clause challenge to the Department of the Interior’s withdrawal of portions of the Sweet Grass Hills of Montana from mineral exploration. Plaintiffs’ claim was based on the fact that one of the articulated purposes of the withdrawal was to protect areas of traditional religious importance to Native Americans. Most of the court’s opinion dealt with challenges to the land management decision on other grounds.

Appeal Filed In Philly Gay Pride Protest Case

A notice of appeal to the U.S. 3rd Circuit Court of Appeals was filed last Tuesday in Startzell v. City of Philadelphia. (Alliance Defense Fund release.) Last month in the case, a Pennsylvania federal district court upheld the city of Philadelphia that had applied its permit requirements to prevent a group of evangelical Christians from disseminating anti-gay messages at a 2004 gay pride event. (See prior posting.)

NYPD Has Liaison To New York's Muslim Community

Yesterday's Canarsie Digest carries a story on Erhan Yildirim, whose job is community coordinator between the New York Police Department and the Muslim community. Employed directly under NYPD Commissioner Ray Kelly, Yildirim's job is to both explain Islam to the police and explain police practices to New York's Muslim community.

British Court Upholds Conviction For Sending Photos Of Fetus To Pharmacies

In Britain yesterday, the Queen's Bench Division of the High Court upheld the conviction of a Catholic grandmother who had been charged with violations of the Malicious Communications Act of 1988 for sending photos of an aborted fetus to three pharmacies that had begun to sell the "morning after" pill. One of the letters containing the photo was opened by a pharmacy employee whose relative had recently given birth to a still-born child. In Connolly v. Director of Public Prosecutions, [2007] EWHC 237 (Admin) (Feb. 15, 2007), the court found that the law's prohibition on sending an article that is indecent or grossly offensive in nature to someone else for the purpose of causing stress or anxiety had been violated.

It also held that applying the law in this way did not violate Art. 9 of the European Convention on Human Rights that protects the freedom to manifest one's religious beliefs "subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others." Christian Today reporting on the decision says that Mrs. Connolly has instructed her counsel to appeal the decision to the House of Lords. In comments to the press, she particularly reacted to a portion of the court's opinion that said: "A member of the Cabinet who spoke publicly in support of abortion and who received such photographs in his office in Westminster might well stand on a different footing..." Mrs. Connolly said: "on every moral issue which affects the public, it is everyone's democratic right to be able to obtain full information on which they can make an informed decision."

First Amendment Challenge To Denial of Immunization Exemption Moves Ahead

In Nagy v. Bayport Bluepoint Union Free School District, 2007 U.S. Dist. LEXIS 9809 (ED NY, Feb. 13, 2007), a New York federal district court permitted parents to move ahead with their First Amendment challenge to a school district's rejection of their application for an exemption from mandatory immunization requirements for their school-age daughter. However the court dismissed plaintiffs' equal protection and state law challenges to the refusal to grant an exemption.

Delaware Court Upholds Religious Discrimination Finding Against Department Store

A Delaware state Superior Court has upheld the finding of the state's Human Rights Commission that Boscov's-- a department store chain-- discriminated on religious grounds against two Christians, two Wiccans and a pagan when it cancelled classes they planned to offer as part of the store's October 2005 Campus of Classes. Yesterday's Wilmington News Journal reports on the case. Wednesday's court decision rejected the store's argument that sessions on tarot, talismans, candle magic and the pentagram were called off for lack of diversity. Instead the court affirmed findings of the Human Rights commission that the cancellation stemmed from complaints by members of Capitol Baptist Church. The church's pastor, William Jeffcoat, complained that some of the classes would be taught by practitioners of Wicca, which was "very, very dark".