Afghan Charge Against Muslim Convert Draws U.S. Criticism

The possibility that a Muslim convert to Christianity in Afghanistan might be sentenced to death by Afghan courts has led to widespread protests in the West and a defensive reaction from Afghan officials. In a speech yesterday in Wheeling, West Virginia, (full text) President George W. Bush said of Afghanistan:

We expect them to honor the universal principle of freedom. I'm troubled when I hear -- deeply troubled when I hear the fact that a person who has converted away from Islam may be held to account. That's not the universal application of the values that I talked about. Look forward to working with the government of that country to make sure that people are protected in their capacity to worship.

Later, in answer to a question, the President said: "It is deeply troubling that a country we helped liberate would hold a person to account because they chose a particular religion over another.... [W]e can solve this problem by working closely with the government that we've got contacts with -- and will. We'll deal with this issue diplomatically and remind people that there is something as universal as being able to choose religion."

Canadian Prime Minister Stephen Harper called President Karzai yesterday to express deep concern, according to the Ottawa Star.

The Washington-based Council on American-Islamic Relations (CAIR) also issued an unusually strong statement on the matter:

Religious decisions should be matters of personal choice, not a cause for state intervention. Faith imposed by force is not true belief, but coercion. Islam has no need to compel belief in its divine truth.... We urge the government of Afghanistan to order the immediate release of Mr. Abdul Rahman.

Afghanistan responded by saying that the matter would be handled by its courts. Reuters yesterday reported that Mahaiuddin Baluch, a religious affairs advisor to President Hamid Karzai, said: "We in Afghanistan have the prosecutor who observes the law and the court that executes it. Whatever the court orders will be executed as the court is independent."

ISN Security Watch today has an excellent analysis of the constitutional issues and political pressures inside Afghanistan. (See prior related postings, 1, 2.)

Supreme Court Arguments Yesterday In Procedural Prisoner Free Exercise Case

Yesterday, the U.S. Supreme Court heard arguments in Woodford v. Ngo, a case involving procedural questions, but growing out of the alleged denial of religious rights to a California prisoner. As described by the Associated Press, Ngo was punished for alleged inappropriate activity with volunteer priests. He was barred from Bible study and from corresponding with a Catholic chapel volunteer after the alleged incidents at San Quentin State Prison in 2000. Ngo filed a grievance with prison officials, but it was denied because he missed the 15-day deadline for grievances allowed by the California Department of Corrections and Rehabilitation. Ngo then sued in federal court claiming a violation of his First Amendment right to free exercise of religion, and alleging that prison officials defamed him by saying he engaged in sexual relations with volunteer Catholic priests.

At issue before the Supreme Court was whether inmates should be able to file federal lawsuits even if they miss state filing deadlines. Ngo's attorney, Meier Feder, argued that Congress never intended to block valid inmate complaints in passing the 1996 Prison Litigation Reform Act. Attorneys for California and for the Bush administration argued that in enacting 42 USC Sec. 1997e, Congress wanted inmates to comply with state prison grievance procedures, including deadlines. Northwestern University has a further summary of the case, along with links to the 9th Circuit's opinion below and to the briefs filed in the Supreme Court.

2nd Circuit Holds Asylum Applicant Need Not Have Religious Knowledge

In Rizal v. Gonzales, (2nd Cir., March 21, 2006), the U.S. Second Circuit Court of Appeals reversed an immigration judge's denial of asylum to an Indonesian citizen who claimed that he would be persecuted in Indonesia because of his Christian beliefs. The Washington Post today reports on the case. Rizal's asylum claim had been rejected because he incorrectly answered a number of questions about Christianity. He said Jesus was crucified in Bethlehem, not Jerusalem, and he did not know which disciples wrote the New Testament. Asked who prepared the Ten Commandments, Rizal answered Jesus instead of Moses. But the Court of Appeals said that people who identify with a religion but lack detailed knowledge about it can still be persecuted for their religious affiliation.

Georgia House Permits Bible As Textbook In High School

The Macon Telegraph reports that yesterday the Georgia House of Representatives passed by a vote of 151-7 a bill (HB 1133) permitting high schools to offer elective courses on the history and literature of the Old Testament and New Testament eras. The classes would focus on the law, morals, values and culture of the eras. Interestingly, the bill provides that the Old Testament and New Testament would be the primary text for each class and the local school board would decide which version of each text to use. Students would also have the option to use a different version.

The bill was originally introduced by Democrats in the Georgia Senate. Republicans, upping the ante, quickly substituted their own version, specifying that the Bible itself would be the course textbook. The measure easily passed the GOP-controlled Senate last month by a 50-1 vote. House lawmakers changed the Senate bill by taking out requirements that the New Testament courses must document the parables of Jesus and the travels of Paul. These changes now must be approved by the Senate. [Thanks to Jean Dudley via Religion law for the information.]

Meanwhile, the Auburn Plainsman today reports that the Alabama Senate Education Committee recently cleared SB472, a Democratic-sponsored bill that would permit the Bible to be taught as literature in public schools. A different version of the bill (HB58) is pending in the House. It is opposed by Republicans because it prescribes The Bible and Its Influence as the required text. (See prior posting.)

UPDATE: On March 27, the Georgia Senate also approved HB 1133, and Gov. Sonny Perdue is expected to sign the law, according to the New York Times.

Church Contributes Funds For Investors In SEC Suit

The Securities and Exchange Commission last week announced a settlement in a securities fraud case filed in Massachusetts involving a unique cooperative effort between a church and government enforcement authorities. In 2001, Eric Resteiner sold $22 million in fictitious securities, defrauding at least 50 investors, many of whom were members of the Christian Science Church. In earlier litigation, the SEC obtained disgorgement of $700,000 from one of Resteiner's co-defendants. Under the securities laws, this will be used to partially compensate Resteiner's victims. Now, the First Church of Christ Scientist in Boston has agreed to donate an additional $2.3 million to the disgorgement fund so that victims can be more adequately compensated. Section 308(b) of the Sarbanes-Oxley Act permits the SEC to accept gifts to a disgorgement fund for eventual distribution to defrauded investors. This is the first time that such a donation has been made since the enactment of Sarbanes-Oxley in 2002.

Background On Pending Satmar Litigation

Yesterday's New York Sun carries a long and fascinating article detailing the intricacies of litigation ongoing for 5 years in Brooklyn over control of the vast holdings of the Orthodox Jewish Satmar community. The dispute, now in a state appellate court, involves rival factions-- each following a different son of the Satmar's grand rebbe. Each faction claims to have elected a president of the Satmar's Williamsburg congregation. The board has the power to manage the Satmar's assets. The congregation's bylaws are written in Yiddish, and one of the 26 buildings in dispute is the partially built skeleton of a 10,000-seat Brooklyn synagogue. New York Judge Melvin Barasch, who heard the case at trial, decided in 2004 that because the dispute raised the question about congregational membership, it was essentially a religious dispute and was not a matter for a New York courts to decide. "What civil court is capable or would want to evaluate whether a person is sufficiently observant of Satmar religious doctrine to qualify as a member?" said Scott Mollen, who represents followers of one of the sons, Rabbi Zalmen. (See prior related postings, 1, 2.)

British House of Lords Upholds School Policy Banning Jilbab

In a widely followed case, R (on the Application of Begum) v. Headteacher and Governors of Denbigh High School, a unanimous 5-judge panel of the British House of Lords today overturned a lower court ruling and held that Art. 9 of the European Convention on Human Rights was not violated when student Shabina Begum was banned from wearing a traditional Islamic jilbab at school. Similarly, it held that her right to education under Article 2 of the First Protocol to the Convention was not infringed.

Denbigh High School had a uniform policy that allowed Begum to wear the shalwar kameez (trousers and tunic), but not a jilbab that covered her entire body. (See prior posting.) Today's Education Guardian reports that Lord Bingham's opinion emphasized that courts, lacking the experience, background and detailed knowledge of the headteacher, staff and governors, should not interfere in the school's decision. He pointed out that the school's policy was acceptable to mainstream Muslim opinion.

Shabina's counsel, Cherie Booth QC, said that the kameez was no longer suitable for Begum because she had reached sexual maturity and it did not sufficiently protect her modesty. Lord Bingham said any sincere religious belief such as that held by Shabina must command respect, but the issue was whether her freedom to manifest her belief by her dress was subject to limitation and whether that limitation was justified. He said Shabina could have attended another school, where the jilbab was permitted. He was satisfied there was no interference with her right to manifest her belief, and even if there was interference, it was a "proportionate" response by the school.

Agreeing, Lord Hoffmann said that Article 9 of the European Convention "does not require that one should be allowed to manifest one's religion at any time and place of one's own choosing." Shabina's family had chosen that school with knowledge of its uniform requirements.

Begum said she would be discussing with her lawyers whether they would appeal the case
to the European Court of Human Rights.

Afghan Who Converted May Be Mentally Unfit To Stand Trial

In Kabul, Afghanistan today, according to the Guardian Unlimited, a state prosecutor said that Abdul Rahman, facing a possible death penalty for converting from Islam to Christianity, may be mentally unfit to stand trial. (See prior posting.) The case has attracted widespread international attention. The United States, Britain and other countries that have troops in Afghanistan have raised concern about Rahman's fate. A Western diplomat in Kabul and a human rights advocate both said the government was desperately searching for a way to drop the case because of the reaction it has caused. Afghanistan's constitution provides that "no law can be contrary to the beliefs and provisions of the sacred religion of Islam."

Additional Group To Recruit Jewish Military Chaplains

The Jewish Welfare Board's Jewish Chaplains Council-- an organization that works with all streams of Judaism-- is about to lose its monopoly on endorsing chaplains for the U.S. military. Only 29 of the military's 2850 chaplains are rabbis. The Forward reports that the Aleph Institute, an organization known for helping Jewish prisoners, was approved last month by the Department of Defense as an additional body that can recruit rabbis for the chaplains' corps. Aleph is affiliated with the ultra-Orthodox Chabad-Lubavitch movement. Currently Chabad rabbis generally are unable to become chaplains because of the military's ban on wearing of beards. It is expected that Aleph will work to change the military's grooming rule. In the meantime, it is likely to reach out to rabbis in other parts of the Orthodox movement.

Are Islamist Enclaves Constitutional?

The Spring 2006 issue of The Middle East Quarterly carries an article by David Kennedy Houck, titled The Islamist Challenge to the U.S. Constitution. He focuses particularly on a proposal by a Little Rock, Arkansas Muslim group to create an internal Islamic enclave. Here are a few excerpts from his much longer article:

While the U.S. Constitution enshrines the right to religious freedom and the prohibition against a state religion, when it comes to the rights of religious enclaves to impose communal rules, the dividing line is more nebulous. Can U.S. enclaves, homeowner associations, and other groups enforce Islamic law?...

On their face, the fundamental principles of the internal Muslim enclave are no more invidious than any other religious enclave. But ideology matters. Many proponents of an Islamic polity promote an ideology at odds with U.S. constitutional jurisprudence and the prohibition against the establishment of a state-sponsored religion. The refusal to recognize federal law makes Islamist enclaves more akin to Ruby Ridge than to the Hasidic and Amish [communities]....

Prince Charles Gets Honorary Degree, Speaks At Al-Azhar University

Prince Charles on Tuesday, according to the Washington Post, was awarded an honorary degree by Al-Azhar University in Cairo, the foremost Islamic institution in the Sunni Muslim world. He was accompanied on his visit to Egypt by his wife, Camilla, the Duchess of Cornwall, who wore a headscarf as she toured the mosque at Al-Azhar. Charles' speech at the University criticized Islamophobia in Europe, including the cartoons that appeared in Danish and other newspapers. He also criticized restrictions on Christians imposed by some Muslim nations. In Egypt, the large Coptic Christian community complains of restrictions on building churches and of discrimination in employment.

USDA Finds Violations At Kosher Slaughtering Plant

Last week, the Forward reported on the release by the U.S. Department of Agriculture of its Inspector General's April 25, 2005 Report (full text) on AgriProcessors, a large kosher slaughterhouse in Postville, Iowa. The report questioned certain methods used by AgriProcessors, calling them "inhumane slaughter" techniques. The company has since changed the questionable procedures. The USDA's investigation of AgriProcessors began after People For the Ethical Treatment of Animals, a vegetarian group, released an undercover video of animals being slaughtered in the plant. A lawyer who represents AgriProcessors, Nathan Lewin, said the report makes it clear that everything done at the plant was approved by the Agriculture Department until PETA released its video. The video and all relevant documents are available on the PETA Undercover website. The USDA report also faulted government inspectors who ignored the violations, accepted gifts of meat from the plant, and played video games instead of carrying out their inspections, according to a report in Jewish Week.

Texas School Sued Over Bible Group's Access To Website

The Liberty Legal Institute yesterday filed suit in federal district court against Plano, Texas school officials on behalf of Students Witnessing Absolute Truth, a Bible-study group. Today's Fort Worth Star-Telegram reports that the group was not permitted to post an organizational description in the "Campus Programs" section for their school on the Plano Independent School District's website. In its announcement of the litigation, Liberty Legal Institute said: "The website page is specifically designated as a listing of all student groups offered within the school. By banning only the religious group, Plano ISD is in direct violation of the First Amendment and The Equal Access Act." An earlier suit by Liberty Legal, challenging the school district's refusal to permit a student to distribute religious-themed candy-canes, is in litigation in the same court.

Church-State Tidbits From Bush Q&A In Cleveland

Yesterday, at the City Club of Cleveland, President George W. Bush spoke on The War On Terror and Operation Iraqi Freedom (full text). The Q&A following his talk produced two interesting colloquies involving church-state:

Q [A]uthor and former Nixon administration official Kevin Phillips, in his latest book, American Theocracy, discusses what has been called radical Christianity and its growing involvement into government and politics. He makes the point that members of your administration have reached out to prophetic Christians who see the war in Iraq and the rise of terrorism as signs of the apocalypse. Do you believe this, that the war in Iraq and the rise of terrorism are signs of the apocalypse? And if not, why not?

THE PRESIDENT: The answer is -- I haven't really thought of it that way. (Laughter.) Here's how I think of it. The first I've heard of that, by the way. I guess I'm more of a practical fellow. I vowed after September that I would do everything I could to protect the American people....*** I take a practical view of doing the job you want me to do -- which is how do we defeat an enemy that still wants to hurt us; and how do we deal with threats before they fully materialize; what do we do to protect us from harm? That's my job. And that job came home on September the 11th, for me -- loud and clear.....

Then, as part of a long answer to a question asking about domestic policy aimed at helping unsafe and poverty-stricken neighborhoods, the President promoted his faith-based initiative:

I believe that the idea of empowering our faith-based institutions -- government can help, but government sometimes can't find -- well, it just doesn't pass -- it's not a loving organization. And so I believe strongly -- I believe strongly in empowering faith-based and community-based programs all throughout America to help achieve certain objectives.

Mentoring, for example, mentoring of children in prisoners -- whose mother or dad may be in prison is an initiative I started. Drug rehabilitation, giving those who are eligible for drug money a voucher, money themselves, a scrip so they can redeem it at a program that they choose, not that the government assigns them to. In other words, there's a variety of social service programs aimed at lifting people up.

Nuns and Priests May Be Lawyers In India

In India today, the High Court of Kerala affirmed the decision of a lower court and held that nuns and priests are not barred from practicing law. The Bar Council of India had filed an appeal challenging the lower court's decision. According to Rediff.com, the appeals court held that "professing religion" by itself was not enough to reject an application for admission to the bar.

Pennsylvania Pastors Network Nears Line On Tax Code Limits

The new determination of the Internal Revenue Service to enforce the tax code's restrictions on non-profit organizations is about to be tested in Pennsylvania. Today's New York Times reports that the Pennsylvania Pastors Network is holding training sessions to teach clergy how to get their parishioners out to vote in the November election. Hosted by Colin A. Hanna, founder of the conservative advocacy group Let Freedom Ring, the first training session featured a seven-minute videotaped message from , Sen. Rick Santorum who faces a difficult re-election fight. He encouraged the pastors to support a proposed constitutional amendment that would ban gay marriage. The tax code permits non-profits to register voters and to express views on public issues, but they may not support a particular political party or candidate. Inviting just one candidate to speak, singling out one candidate's accomplishments and highlighting a combination of issues tailored to one candidate's campaign are all factors that the I.R.S. considers in determining whether a non-profit has engaged in prohibited partisan activity.

Mother Theresa Statue Controversial In Northern Albania

In Albania, the Culture Ministry has proposed erecting a statue of Mother Theresa, an ethnic Albanian, in the northern city of Shkodra, according to yesterday's Washington Post. Mother Theresa is widely admired in Albania, and she has been honored in the capital city of Tirana by having an airport and hospital named after her and an annex at the National Museum devoted to her works. However, on Sunday, representatives of the Charity Islamic Association, Islamic Intellectuals and Albanian Muslim Forum opposed the bust, saying the statue was a provocation. They said a cross in a nearby area was vandalized in January. However, the next day, Selim Muca, head of the Albanian Muslim Community, the organization representing all Muslims in Albania, said those objections from small Muslim groups were not the community's official position.

Lawyer Criticizes Ontario's Ban On Religious Arbitration Panels

An interesting article titled Faith Based Arbitrations In Ontario: A Lost Opportunity has been posted by Canadian lawyer Faisal Kutty. It criticizes Ontario's decision last month to preclude the use of religious laws in resolving family disputes under the province's Arbitration Act. Kutty says that misunderstanding, ignorance, and careless pronouncements, as well as inaccurate media coverage, led to the Family Statute Law Amendment Act, 2005. The FSLAA goes against the recommendations in the Boyd Report, a study commissioned by the Ontario government. Kutty argues that Ontario lost an opportunity to show the world how to balance the rights of a religious community with those of potentially vulnerable individuals, and to demonstrate how Islamic law and liberal democracy could co-exist. He fears that "back alley" arbitrations will continue in Ontario, but now without any regulation or supervision.

An earlier article by Kutty discussed the recommendations made by the 2004 Boyd Report that called for retaining religious-based arbitration, but imposing new regulation on arbitration tribunals and the family law arbitration process.

Indonesia Increasingly Convicts For Deviating From Islam

Today's Los Angeles Times carries a story on the increasing prosecution in Indonesia of those who deviate from accepted Muslim teachings. Article 28E of Indonesia's Constitution guarantees the right to practice one's religion and freely express one's beliefs. However blasphemy and insulting religion are both crimes under Indonesian law. Courts are increasingly convicting for one of these offenses when individuals violate a fatwa (ruling) by the Muslim Council of Ulemas. For example, Yusman Roy, a former boxer and a convert to Islam, is serving two years in prison for distributing a video of a bilingual prayer session he holds at his East Java boarding school. Conservative Muslims believe true prayer can be conducted only in Arabic. In August, a court acquitted Roy of deviating from Islam, but found him guilty of inciting hatred by challenging the views of local clerics.

Sumardi Tappaya, a high school religious teacher, is awaiting trial for blasphemy after a relative claimed he was whistling while he prayed. Ardhi Husain and his editors were sentenced to five years in prison for writing a book that the ulemas said contained 70 errors, such as claiming Muhammad was not the last prophet and that non-Muslims could go to heaven. And Lia Aminuddin, who claims to be the Virgin Mary and leads the quasi-Islamic God's Kingdom of Eden cult, was arrested in December for blasphemy after thousands of protesters surrounded her headquarters in Jakarta.

Fallout From Muhammad Cartoons Continues

Legal fallout continues in the Muhammad cartoon controversy. Jurist and AFP report that a group of 27 Danish Muslim organizations plans to bring suit in a Danish court against Jyllands-Posten, the paper that originally published the offending cartoons. This follows the refusal by the Danish prosecutor to file charges against the paper. The Muslim group also plan to file a complaint against Jyllands-Posten with the U.N. Commission on Human Rights. Ahmad Akkari, a Danish Imam, claimed that Denmark's failure to proceed against the paper violated the country's obligations under U.N. human rights conventions. [Thanks to Steven H. Sholk for this lead.]

The United Nations Commission on Human Rights’ Special Rapporteur examining the situation has strongly criticized Denmark, according to a report yesterday in the Turkish paper, Zaman.

Meanwhile, in France, a draft law criminalizing blasphemy, has been proposed by an MP for the ruling Union for Popular Movement party (UMP). According to Friday's Islam Online, MP Marc Bouraud said he was driven by the Danish cartoons crisis, which "exposed the fragile link between freedom of expression and freedom of belief and thought."

New Prisoner Cases On Attendance At Religious Services

In Walee v. Crosby, 2006 U.S. Dist. LEXIS 10633 (MD Fla., March 16, 2006), a federal district court rejected a prisoner's complaint that his free exercise rights were violated when the prison's computer system was not able to list his religious name along with his commitment name on the list of inmates who have been cleared to attend religious services.

In Joseph v. Lewis, 2006 U.S. Dist. LEXIS 10653 (ED Cal., March 15, 2006), a California federal district court found that a prisoner had a valid free exercise complaint growing out of prison authorities' refusal to permit him to leave a vocational instruction class to attend Friday Jumu'ah prayer services. However his claim that his inmate grievance form was improperly processed was dismissed.

Austria Moves Toward Greater Recognition of Muslims

Yesterday, Islam Online reported that a proposed new law in Austria would give Muslims more rights than they currently have. The bill would set up a college to graduate imams. It would permit Muslim chaplains and Muslim congregational prayer in the army. Muslim chaplains would similarly be permitted in the police force and in hospitals. The proposal would also call for respect for the dress code of Muslim women and criminalize verbal and body attacks against them.

In another development, the Catholic Church in the Upper Austria region has decided to allow the teaching of Islam in one of its 55 schools, as the number of Muslim students enrolled increases. Other Catholic schools were expected to do the same, since the education law calls for such classes once the number of Muslim students reaches 3.

Hindu Group Sues Over California Textbook Changes

On Friday, a week after the California State Board of Education approved changes in the way textbooks treat Hinduism, the Hindu American Foundation filed suit challenging the fairness of the hearing conducted by the Board on the changes. Rediff.com reports on the suit filed in California Superior Court in Sacramento. The HAF complaint alleges that the SBE violated the law when it approved textbooks for sixth grade history-social science that tend to "demean, stereotype, and reflect adversely" upon Hindus, portray Hinduism as undesirable and hold Hindu beliefs and practices up to ridicule or as inferior. However, other Hindu groups praise the action of the Board, saying it assures historically accurate accounts of Indian history. The full text of the complaint and related exhibits is available online.

Afghan Judge Threatens Death Sentence For Conversion To Christianity

Today's Melbourne Herald Sun reports that a court in Afghanistan has told a man that he could face the death penalty for converting from Islam to Christianity. Supreme Court judge Ansarullah Mawlavizada said the suspect, Abdur Rahman, who was arrested after members of his family informed police of his conversion, would be charged with abandoning Islam. Sharia law calls for the death sentence for Muslims who abandon their religion. Article 3 of Afghanistan's 2004 Constitution provides that "no law can be contrary to the beliefs and provisions of the sacred religion of Islam."

UPDATE: The United States on Monday said that it was closely monitoring Rahman's trial, and urged Afghan authorities to deal with the case transparently and according to the rule of law.

Church Member's Suit Dismissed As Ecclesiastical Matter

In Wolter v. Delgatto, (TX App-14, March 16, 2006), a Texas state court of appeals held that under the First Amendment, state courts lacked jurisdiction over a suit by a former church member challenging Heights Presbyterian Church's involvement in a low-income senior housing project. The court held that ultimately the suit was over how and when, under the Presbyterian Book of Order, the church may spend its resources, and that question is ecclesiastical in nature.

Phillips' New Book-- "American Theocracy"

Kevin Phillips new book, American Theocracy: The Peril and Politics of Radical Religion, Oil, and Borrowed Money in the 21st Century (Viking, 2006) is reviewed in Saturday's New York Times, and is featured again in today's New York Times Book Review section.

Immigration Proposal Threatens Religious Social Services

Today's San Antonio (TX) Express-News carries a long article on the dilemmas that will be faced by religious social service organizations if the immigration reform bill pending in Congress is enacted. A part of House of Representatives' proposed legislation would make it a crime for any individual or group to knowingly assist an undocumented alien. Supporting that provision, Texas Rep. John Culberson says, "If a person is here illegally, then they're violating the law. How can anyone or any group be exempt from obeying the laws of the United States?" However, Catholic, Protestant, Jewish and Islamic, religious leaders all say that critical social services to the undocumented potentially could be reduced --if not stopped -- if that part of the bill becomes law. A number of members of the Senate are hopeful that the final version of the law will permit legitimate relief work to continue.

UPDATE: Sunday's New York Times adds another dimension to this story in an article titled Rift on Immigration Widens for Conservatives and Cardinals. It focuses on the Catholic Church's opposition to tightening of restrictions on undocumented aliens.

Lutheran School Seeks Dismissal of Sexual Orientation Bias Claim

Defense attorneys have moved to dismiss a widely publicized suit against the California Lutheran High School Association and Cal Lutheran High School in Wildomar, California, according to last Wednesday's North Coast Times. The suit brought by two students and their parents claimed that the school violated California's Unruh Civil Rights Act when it expelled the two students who were suspected of having a lesbian relationship. (See prior posting.) Defense attorneys argue that the school merely expelled two students who violated the school's Christian Code of Conduct. They claim that the Unruh Civil Rights Act that covers businesses should not apply to a nonprofit religious school. A provision in Sec. 220 of California's Education Code excludes religious schools from coverage of the anti-discrimination provision that applies explicitly to schools when its requirement would be inconsistent with the school's religious tenets. Defendants also argue that applying the law to the school would violate its associational rights, and that ordering the school to suppress its religious beliefs in admitting students would violate the Establishment Clause.

Suit Claims University's GLBT Program Violates Establishment Clause

Earlier this week, the Alliance Defense Fund announced that it has filed suit in federal court on behalf of two students against the Georgia Institute of Technology. The suit alleges that through a program called "Safe Space", the university promotes beliefs of religions that favor homosexual behavior and denigrates religions that oppose such behavior. The suit alleges that this violates the Establishment Clause. The suit also challenges the school's speech code and activity fee policy. The university claims that Safe Space is designed to dispel negative stereotypes and publicize support resources available to gay, lesbian, bisexual and transgendered students. The full text of the complaint in Sklar v. Clough, filed in U.S. District Court for the Northern District of Georgia, is available online.

6th Circuit Upholds Pro-Life License Plates

Yesterday, in ACLU of Tennessee v. Bredesen (6th Cir., March 17, 2006), the U.S. Sixth Circuit Court of Appeals in a 2-1 decision rejected a free expression challenge to Tennessee's sale of specialty license plates bearing the inscription "Choose Life". Individuals are not required to purchase this version of the plates. The majority held that the pro-life message was government speech not subject to requirements of viewpoint neutrality. The Louisville Courier-Journal today assessed reaction to the decision. The decision did not deal with the question of whether license plates carrying explicitly religious symbols-- like that proposed recently in Tennessee-- would violate the Establishment Clause.

More On Governor's Bill To Exempt Boston's Catholic Charities

The Blue Mass. Group blog yesterday made available the full text of Gov. Mitt Romney's proposed legislation to exempt Boston's Catholic Charities from the requirement to provide adoption services for gay and lesbian parents. [See prior posting.] It also sets out a close analysis of the language of the proposed law, arguing that it will not in fact accomplish the purpose that the Governor seeks.

Here is one of its arguments. The bill provides that "it shall be lawful for any [religiously sponsored social service agency] to take any action with respect to the provision of adoption or foster placement services which is calculated by such organization to promote its religious principles..." The analysis argues that while placing a child with a gay couple might violate Catholic principles, not placing a child with a gay couple would not "promote its religious principles".

U.N. Committee Censures U.S. Policy Toward Shoshone Indians

Last week (March 10, 2006), the United Nations Committee on the Elimination of Racial Discrimination ("CERD") issued an ''Early Warning and Urgent Action Procedure'' (full text) strongly criticizing United States policy toward the Western Shoshone Indian tribe. The federal government, which claims that the Shoshone's lands became public lands after the tribe's title was extinguished, interferes with the tribe's using various ancestral lands for religious and cultural activities. The government says that the Shoshone tribe has twice approved a settlement with the government. The action by the U.N. body has been covered in articles in the Salt Lake Tribune, Indian Country Today, and Spero News.

Four New Prisoner Cases

Several prisoner free exercise decisions have recently become available:

In Asad v. Bush, (11th Cir., March 14, 2006), the U.S. 11th Circuit Court of Appeals rejected a state prisoner's free exercise and RLUIPA claims growing out of disciplinary action taken against the prisoner after a dispute over whether Muslim services were being held at the proper time. It found that prison authorities offered an acceptable alternative when inmates were permitted to conduct prayers individually at the requested time.

In Wolf v. Sheriff, 2006 U.S. Dist. LEXIS 10009 (D. Ark., Jan. 30, 2006), an Arkansas federal district judge accepted the earlier recommendation of a Magistrate Judge (2005 U.S. Dist. LEXIS 40978 (Sept. 8, 2005)), that the religious rights of a Native American prisoners were infringed when the state prison authorities denied them access to a prayer feather. However, disagreeing with the Magistrate, the court found that defendants were entitled to the defense of qualified immunity as to damage claims against them.

In Iron Thunderhorse v. Pierce, 2006 U.S. Dist. LEXIS 9997 (ED Tex., Feb. 13, 2006), a Texas federal district court dismissed several constitutional claims by a Native American prisoner held in a Texas prison who claimed that existing Native American religious programs give preferential treatment to "Christian-oriented" Native American beliefs while disfavoring traditional ceremonial leaders known as shamans. His claims included ones for confiscation and denial of religious items; the lack of a program for shamans; denial of a racial category for "Native Americans"; failure to provide exemptions or accommodations for the dress code and grooming code; failure to allow equal access to services for inmates in segregation; and failure to honor prior agreements which he entered into with prison officials.

In Ragland v. Angelone, (WD Va., March 14, 2006), and a follow-up memorandum opinion issued on the next day, a Virginia federal district court rejected a claim under RLUIPA brought by a Rastafarian prisoner challenging a Virginia prison's grooming rules. The prisoner had refused to cut his hair and beard for religious reasons.

House Hearings on International Human Rights

Yesterday, the Subcommittee on Africa, Global Human Rights and International Operations, of the U.S. House International Relations Committee held hearings on "Monitoring Respect for Human Rights Around the World: A Review of the Country Reports on Human Rights Practices for 2005". (A webcast of the hearings, as well as selected transcripts, is available online- scroll to March 16, 2006.) Among those testifying specifically about issues of religious freedom were Catholic Bishop Thomas Wenski, Nina Shea (Director of Center for Religious Freedom), and Serbian Orthodox Bishop Kyr Teodosije. (See prior related posting.)

In a related matter, the House on Wednesday passed H.Con. Res. 190 expressing the sense of the Congress that the Russian Federation should fully protect the freedoms of all religious communities without distinction, whether registered and unregistered, as stipulated by the Russian Constitution and international standards. Text of the debate and passage are available online.

Is Polygamy The Next Constitutional Battle?

Today's Town Hall carries an article titled Polygamy Is 'Next Civil Rights Battle,' Activists Say. The article quotes Mark Henkel, founder of the Organization for Christian Polygamy who argues that polygamy is found in the Bible and throughout history. He calls the present concept of marriage "marital Marxism", produced in the Middle Ages by the Catholic Church. The argument that bans on polygamy are unconstitutional is based primarily on the 2003 U.S. Supreme Court case of Lawrence v. Texas which struck down prohibitions on homosexual sodomy. The focus on decriminalizing polygamy has intensified as HBO this week launched a new series, "Big Love", about a Utah polygamist and his three wives living in a comfortable suburban community. The Salt Lake Tribune has reported about the show and its impact.

Catholic On Alberta School Board Seeks To Retain Position

In Canada, this week's Western Catholic Reporter details an interesting complaint filed with the Alberta Human Rights and Citizenship Commission by the Chinook's Edge School Division. Roy Brassard has been chair of Chinook's Edge School Division for the past eight years. Last year, Catholic voters in Didsbury voted to join the Red Deer Catholic School Division, which is inside the boundaries of the Chinook's Edge public school system. Alberta approved the change in June. Under Alberta's School Act, this now disqualifies Brassard from continuing to serve on the board of the public school system. Under the School Act, all Catholics within the Catholic School Division are treated as residents of that district. While they are still permitted to send their children to the public school and to be employed by the public school system, they are disqualified from serving on the public school board of trustees. However, Brassard thinks the law needs changing, arguing that "parents of Catholic students who stay in the Chinook's Edge school system will not have the opportunity to represent their children as trustees." The complaint filed with the Human Rights commission was seen as an act of last resort to try to allow Brassard to retain his position.

Mass. Governor Proposes Exemption For Catholic Charities Adoption Services

Following an announcement last week by the Catholic Charities of Boston that it would no longer offer adoption services, Massachusetts Gov. Mitt Romney formally proposed a bill Wednesday that would exempt Catholic Charities from a state anti-discrimination law that currently requires the organization to provide adoption services to gay and lesbian couples. (See prior posting.) Reporting on the Governor's bill, the Boston Globe Wednesday quoted Romney's letter to state legislative leaders: "It is a matter beyond dispute, and a prerequisite to the preservation of liberty, that government not dictate to religious institutions the moral principles by which they are to carry out their charitable and divine mission." [Thanks to Blog From the Capital for the lead.]

In response, the Jewish Alliance for Law and Social Action (JALSA) and the Massachusetts chapter of Americans United for Separation of Church and State yesterday issued a release arguing that the proposed exemption for Catholic Charities would be unconstitutional. They said, "The First Amendment's free exercise clause grants us all the right to hold whatever beliefs we choose, and to act in accordance with them in our private affairs. It does not, however, permit any individual or institution to engage in bigotry in the discharge of a public or governmentally regulated function."

Oregon Court Demands More Religious Accommodation In School Basketball Schedule

In Nakashima v. Board of Education (Ore. Ct. App., March 15, 2006), an Oregon state appellate court gave an initial victory to a Seventh Day Adventist school in its suit against the Oregon Board of Education in the Adventist school's attempt to get the dates of the state basketball tournament rescheduled so games would not be held on Friday night or Saturday, the Adventist players' Sabbath. The student basketball players filed suit under Oregon's statute banning religious discrimination in schools. The Oregon School Activities Association said that accommodating the school's request would amount to an "undue hardship" and therefore was not required by law. The Court of Appeals held that accommodation under Oregon's law required more than the federal civil rights law does. Federal law excuses accommodation if it imposes more than a de minimus burden. Under Oregon law, accommodation is required unless it "requires significant difficulty or expense". The School Activities Association was ordered to apply this test to the students' rescheduling request.

Suit Against UC Berkeley Evolution Website Dismissed

The UC Berkeley News reports that last Monday, a San Francisco federal district court dismissed a suit that had been brought by a Santa Rosa couple who claimed that a University of California, Berkeley, website titled "Understanding Evolution" was used to promote religion. (See prior posting.) Without reaching the merits, the court held that plaintiffs lacked standing to bring the suit. The suit also named an administrator at the National Science Foundation, which partially funded the website, as a defendant. The judge has not yet ruled on the NSF's motion to dismiss the suit against it.

UPDATE: The full opinion in the case is now available on LEXIS: Caldwell v. Caldwell, 2006 U.S. Dist. LEXIS 13688 (ND Cal., March 13, 2006).

U.N. Creates New Human Rights Council

With the United States nearly alone in its opposition, the United Nations General Assembly yesterday approved the creation of a new Human Rights Council to replace the discredited U.N. Commission on Human Rights. Yesterday the New York Times reported that by a vote of 170-4 with 3 abstentions, the General Assembly passed the resolution that calls for the election of new Council members on May 9, 2006 and a first meeting of the Council on June 19. Joining the U.S. in voting against the resolution were Israel, the Marshall Islands and Palau. Abstaining were Belarus, Iran and Venezuela. The U.S. has objected to the resolution because it does not go far enough in guaranteeing that countries notorious for their human rights abuses will be kept off the new Council. The U.S. wanted a requirement that Council members be elected only by a 2/3 vote in the General Assembly. (See prior posting.) Nevertheless, U.S. Ambassador to the United Nations, John Bolton, said the U.S. would work cooperatively to strengthen the Council. He said whether the U.S. would be a candidate for membership on the Council is still under discussion.

School Board To Permit Distribution of Gideon Bibles

The Brunswick County, North Carolina school board, ignoring legal advice to the contrary, voted 3-2 last week to formulate a policy that would permit the Gideons to distribute Bibles in both middle schools and high schools. Attorney Joseph Causey, citing the 1998 Fourth Circuit case of Peck v. Upshur County Board of Education, had advised the school board to limit distributions to high schoolers once per year, and to make the opportunity available to all religious groups. The Board, however, said it was responding to a specific request, and would deal with other requests on a case-by-case basis, according to an article in yesterday's State Port (NC) Pilot.

SC Trial Judge Decides Church's Dispute With Diocese

In Charleston, South Carolina Monday, a state Circuit Court (trial level) judge handed down a decision in a dispute between the Episcopal Diocese of South Carolina and All Saints Church of Pawley's Island that broke away from the diocese in a dispute over the ordination of gay bishops. The Charleston Post and Courier reports Judge Thomas W. Cooper, Jr. ruled that All Saints Church for now could continue to occupy the 60 acres of land on which its building sits. However, he said, ownership will ultimately have to be decided in probate court. That court will have to interpret a 1745 charitable trust that set aside the land for the Church of England. Judge Cooper ruled, on the other hand, that the Diocese holds rights to the name All Saints Parish Waccamaw, and to the cash and assets still held by the breakaway church. Appeals are expected.

Danish Prosecutor Will Not File Charges Against Jyllands-Posten

Yesterday, according to Jurist, Denmark's Director of Public Prosecutions decided that he will not bring criminal charges against the Jyllands-Posten newspaper for publishing caricatures of the prophet Muhammad last September. A complaint had been filed alleging that the paper violated sections 140 and 266 of the Danish Penal Code, but the prosecutor, according to his press release, found no violations. Nevertheless, he pointed out: "Section 140 of the Criminal Code protects religious feelings against mockery and scorn and Section 266 b protects groups of persons against scorn and degradation on account of their religion among other things. To the extent publicly made expressions fall within the scope of these rules there is, therefore, no free and unrestricted right to express opinions about religious subjects." The prosecutor also said that his decision is unappealable. The full text of his 10-page ruling analyzing the relevant legal provisions is also available online. [Thanks to Steven H. Sholk for the lead.]

Litigants Agree Elementary Students May Read Bible At Recess

In Knoxville, Tennessee on Tuesday, according to the Associated Press, federal district judge Thomas Phillips scolded attorneys for the schools and the family of fifth-grader Luke Whitson for permitting a misunderstanding to escalate into into a federal lawsuit. Whitson's parents claim Karns Elementary School Principal Cathy Summa told Luke he could not study the Bible with other students during recess. The principal denies that she said this. At a meeting ordered by the judge, both sides agreed that Knox County Schools have not and will not have a policy or practice of banning students from reading religious texts at recess. However, the lawsuit has not been dismissed.

Pakistan Supreme Court Orders Websites With Muhammad Cartoons Blocked

On order of the Supreme Court of Pakistan, the Pakistan Telecommunications Authority has blocked access in the country to all websites displaying the controversial cartoons of Muhammad that were first published in a Danish paper. Asia Media reports that in the suit against a number of defendants, including Yahoo USA, attorney Qamar Afzal argued that availability of the cartoons should be declared to be intellectual terrorism. The court asked Attorney General of Pakistan Makhdoom Ali Khan to assist the court in determining how it can exercise broader jurisdiction to prevent availability of blasphemous material on websites all over the world. The court will take up the case again next Monday.

The International Freedom of Expression Exchange reported last week that the Pakistan Telecommunications Authority ordered Internet service providers to block 12 websites carrying the offending cartoons. ISPs, apparently as required by the PTA order, to implement the blackout have blocked all blogs hosted by blogspot.com.

Long Beach Seeking To Take Church Property For Condos

In the wake of the U.S. Supreme Court's Kelo decision, Baptist Press reported yesterday on the beginnings of a controversial attempt by redevelopment officials in Long Beach, California to use eminent domain to acquire the church building of the Filipino Baptist Fellowship. On March 13, the Long Beach Redevelopment Agency Board voted 6-0 to condemn the church in order to build condominiums, despite opposition from many community members. The church's attorney, John Eastman, director of The Claremont Institute’s Center for Constitutional Jurisprudence, said proving that the taking is for a public use would be simple for the city because a church is tax-exempt and a housing project would bring in tax revenue.

Dutch Ministers Fail To Agree on Burka Ban

In the Netherlands yesterday, according to Expatica, Immigration and Integration Minister Rita Verdonk was unable to get cabinet agreement on banning the wearing of burkas in education, health care and certain other situations on security grounds. Two government parties have supported a broader ban that would prohibit wearing the burka anywhere in public. Legal experts, however, suggest that even a limited ban on the cloak worn by some Muslim women would violate the country's Constitutional protection of religious freedom.

California Bill Would Require Consideration of Religion In Adoptions

In California last month, Assemblyman Chuck DeVore introduced into the state legislature a bill that would require courts in adoptions and in appointment of guardians after terminating parental rights to consider "the religious, cultural, moral,and ethnic values of the child or of his or her birth parents, if those values are known or ascertainable by the exercise of reasonable care." (AB 2130).

Law Prof Says Anti-Gay Marriage Amendment Would Violate Religion Clauses

Two weeks ago, American University law professor Jamie Raskin testified before the Judicial Proceedings Committee of the Maryland State Senate in opposition to a proposed state constitutional amendment that would bar gay marriage. His testimony (full text) focused directly on free exercise and establishment clause issues posed by the amendment. He said:

[W]hen I hear testimony from my fellow Marylanders about how ending statewide marriage discrimination would collide with their church beliefs, my response is simple and, I hope, reassuring: Your church will never have to perform a marriage ceremony of any gay couple or indeed any couple of any kind that it disapproves of....

But the irony here is that the State today is stopping many churches and temples from marrying gay couples that the churches want to marry. That is, the State today is violating the rights of many churches--including Unitarian, Episcopal, Presybeterian and Jewish congregations, among many others--who seek to perform lawful weddings for their parishioners but may not simply because other groups of citizens think it would be wrong for them to do it.

Because America is for all its citizens regardless of religion and because so many churches have so many different belief systems, we are governed here not by religious law but by secular law. The rules of civil marriage--the license that the State grants you to marry--must be determined with respect to the federal and state Constitutions, not particular religious claims, no matter how fervently held.

Later, in response to a Senator's question about whether "God's law" prohibits gay marriage, Raskin replied:

"Senator, when you took your oath of office, you placed your hand on the Bible and swore to uphold the Constitution. You didn't place your hand on the Constitution and swear to uphold the Bible."

Raskin himself is a candidate for Maryland's State Senate this year. [Thanks to Roy Mersky via Religionlaw for the information.]

Ohio Clergy Group Plans Rally Today For Social Justice Issues

The AP reports that a rally is planned today by We Believe Ohio, a group of over 100 Protestant, Catholic and Jewish clergy in central Ohio that wants to move debate away from divisive issues such as gay marriage , and refocus on social justice issues issues, such as jobs, education and health care. (See prior posting on other religious political activities in Ohio.)

Article Chronicles New Partisan Appeals To Religion

Beliefnet this week carries a long article by Amy Sullivan titled Why Evangelicals Are Bolting the GOP. She says, "There is a growing recognition among mainstream Democrats and the once-quiescent Religious Left that they can reframe issues they care about in terms that appeal to religious voters." The article chronicles some of the attempts by the Republican party to prevent Democrats from succeeding in this strategy. It begins with a particularly interesting description of Republican opposition in the Alabama legislature to a Democratic-sponsored bill to permit a high school elective course on the Bible in history and culture.

Texas Moment of Silence Law Challenged

In Dallas, Texas, parents of an elementary school child filed suit in federal district court last Friday challenging Texas' statute providing for a moment of silence at the beginning of the school day. The Dallas Morning News reports that parents David and Shannon Croft alleged in their complaint that one of their children was told by a teacher to be quiet because the minute is a "time for prayer." Croft commented, "I do not believe there is any secular reason for a moment of silence. This is just a ruse to get prayer in school without calling it prayer in school. Is there any study showing a moment of silence helps education?" The Crofts are atheists, and Mr. Croft has complained to the schools a number of times about religious themed songs, school meetings of the Good News Club, and a poster in the school reading "In God We Trust".

The law, (Educ. Code 25.082) passed in 2003, allows children to "reflect, pray, meditate or engage in any other silent activities" for one minute after the American and Texas pledges at the beginning of each school day. In 1985, in Wallace v. Jaffree, the U.S. Supreme Court found that an Alabama moment of silence law was an unconstitutional promotion of prayer. State Rep. Dan Branch who co-sponsored the 2003 Texas law, said legislators, aware of constitutional issues, carefully worded the statute to create a neutral time. He said teachers have told him the law helps calm children down. Letting children pray in school makes them feel the school is not hostile toward their religion, he said.

Prisoner Claims Punishment For Prayer

In McLeod v. Still, 2006 U.S. Dist. LEXIS 9702 (DNJ, Feb. 14, 2006), a New Jersey federal district judge let a somewhat unusual prisoner free exercise claim proceed. Prisoner Randolph McLeod claimed that his exercise of religion was infringed when he was interrupted and charged with a disciplinary violation in the prison's law library while he was typing a letter to a judge that contained a prayer. McLeod charged that in a second incident, a different corrections officer made slanderous remarks about the prisoner's religion while he was praying in his cell and threatened and punished him for praying.

Tennessee Paper Opposes Special Christian License Plates

The Jackson, Tennessee Sun today editorializes against a bill that his been introduced into the Tennessee legislature to provide for a new specialty license plate carrying the Christian symbol of a fish. The bill is HB 3072 and its companion SB 3204. The newspaper's editorial argues that the state special license plate program should be limited to secular themes.

Battle In Wisconsin Over Angel Statue In Public Park

A new variation of the battle over placing religious symbols on public property is brewing in Oshkosh, Wisconsin. The Associated Press reports that the nonprofit grief-support group, Compassionate Friends, would like to place a "Christmas Box Angel" statue in the city's Menominee Park. The Freedom From Religion Foundation threatens to sue if the city accepts the offer. The angels, which cost about $20,000 each, are based on "The Christmas Box," a book by Richard Paul Evans about a widow and the young family who moves in with her. Christmas Box House International says that the angel statutes, currently located in Salt Lake City and a number of other areas, are places for grieving parents to come to heal.

Purim Humor Aims At U.S. Politics

Tonight begins the Jewish holiday of Purim, which marks the escape of the Persian Jewish community from destruction, as recounted in the biblical Book of Esther. One tradition of Purim is the creation of humorous parodies. This week's Philadelphia Jewish Voice, in that tradition, carries five attempts at Purim humor parodying American politics. The articles-- which make for refreshing, albeit somewhat partisan, reading-- are titled Daylin Leach: Minyan Maker In Harrisburg; Liberals Flip-Flop on Vice-Presidential Hunting Trips ; Halliburton Wins Contract to Reconstruct Cheney's Reputation; U.S. Outsources Homeland Security to North Korea; and Bush: "I Am An Oilaholic".

Religious Freedom Issues In Tajikistan

Forum 18 reports today that Tajikistan's planned new law on religion will require registration of religious organizations, in violation of international human rights norms. It will join four other former Soviet republics in imposing this kind of requirement. Forum 18 also reports that authorities refuse to permit a madrasa, closed because of its members affiliation with the Islamic Revival Party, to reopen. The government says the Islamic school does not have a license from the Muslim Spiritual Administration (MSA). However the MSA no longer functions in the country, so there is no group that can grant the madrasa a license.

New Law & Religion Scholarship Online

A number of new scholarly articles of interest have recently been posted online:

From Bepress:

• Shelley Ross Saxer & Daryl Fisher-Ogden, World Religions and Clean Water Laws.
• Marc L. Roark, All in the Family: The Apocalyptic Legal Tradition as Crit Theory.
• Marc L. Roark, Understanding Jurisprudential Approaches to Islam.
• Mark Osler, Christ, Christians & Capital Punishment.
  

From SSRN

• Robin Charlow, The Elusive Meaning of Religious Equality, to appear in Winter 2006 Washington Univ. Law Review.
• Scott C. Idleman, Religious Premises, Legislative Judgments, and the Establishment Clause (recently posted online, though it appeared in the 2002 issue of the Cornell Journal of Law & Public Policy).
  

New Jersey Church Has Preliminary RLUIPA Win

In Church of the Hills of Bedminster v. Township of Bedminster, 2006 U.S. Dist. LEXIS 9488 (DNJ, Feb. 24, 2006) a New Jersey federal district court upheld the constitutionality of the land use provisions of RLUIPA over a wide variety of constitutional attacks, and found that plaintiff's complaint adequately stated a claim under RLUIPA and the Equal Protection Clause,. However, it dismissed plaintiff's due process claim. The decision permits Church of the Hills to move forward in its challenge to a denial of zoning variances sought to accommodate the church's planned expansion.

Workplace Chaplaincies Create New Legal Issues

A Knight Ridder article in today's Macon Telegraph focuses on the growing practice of companies providing chaplains to employees in the workplace. The article raises interesting questions of employee rights and chaplains' duties of confidentiality. Presbyterian minister and University of Richmond Professor Douglas Hicks warns of some of the difficult conflicts faced by corporate chaplains. Can companies encourage their chaplains to counsel workers who are laid off to deal with their anger in ways other than suing the company? When may ( or must) chaplains who learn of employee wrongdoing during counseling report to the company that an employee has stolen corporate funds? And what about informing the company of employee drug or alcohol abuse, costly medical conditions or union activity?

Arizona House Moves On 4 Bills To Aid Parochial Schools

The Arizona Daily Star reports that on Thursday, the Arizona House of Representatives gave preliminary approval to three bills providing for school vouchers that can be used in private and parochial schools, even though some members questioned the constitutionality of the measures. The House gave final approval to another bill permitting corporations to direct up to $5 million a year of their state income-tax obligations to organizations that provide scholarships for students to attend private and parochial schools.

Another Israeli Election Ad Banned-- This Time For Religious Promises

After earlier this week banning an anti-religious election ad run by a secular political party, Israel's Central Elections Committee Chairwoman Judge Dorit Beinish has now banned an ad by Shas, one of the religious parties. The ad features the party's spiritual leader, Rabbi Ovadia Yosef, explaining that anyone who votes for Shas will end up in heaven. According to today's Ynet News, Shas Chairman Eli Yishai bitterly attacked the decision, and hinted at a comparison between Judge Beinish and Haman, the villain in the story of Purim (a Jewish holiday which begins Monday evening).

Utah Schools Fear Cost of Distributing Notice On Religious Rights

The Utah legislature yesterday passed Senate Joint Resolution 9 which states: "The Legislature of the state of Utah recognizes the right of public school students to voluntarily participate in prayer, and also in the singing of songs and in expressions related to holidays that are religious in nature, in public schools, within known legal limits of religious expression, tolerance, civility, and dignity as contemplated by this nation's founders." The resolution is required to be sent each year to about 510,000 public students, parents, the PTA, Utah Education Association, State Board of Education, Utah League of Cities and Towns and Utah Association of Counties. Utah's Daily Herald says that school districts are concerned that they will be saddled with the $10,000 annual cost of distribution if the PTA or another group does not volunteer to pay for it.

Boston Catholic Agency Ends Adoption Services In Protest of Gay Adoption

In two articles today, the Boston Globe (here and here) reports that Catholic Charities of Boston has announced that it will end its adoption work, rather than comply with state law requiring that gays be allowed to adopt children. Catholic Charities of Boston began in 1903 as an adoption agency. Officials in government, social services, and gay-rights groups all expressed disappointment about the decision. Catholic Charities is widely respected and has handled more adoptions of foster children than any other private agency in Massachusetts. [Thanks to Rick Duncan via Religionlaw for this.]

The Globe also reports that Governor Mitt Romney said yesterday that he plans to file a bill that would exempt religious organizations from the state's antidiscrimination laws so that Catholic Charities and other religious groups could refuse to provide adoption services when doing so violates their faith.

According to the Associated Press, Massachusetts' four Catholic bishops earlier this month said that the law on gay adoptions threatens the church's religious freedom by forcing it to do something it considers immoral. Eight members of Catholic Charities board later resigned in protest of the bishops' stance. The 42-member board had voted unanimously in December to continue considering gay households for adoptions.

The Archdiocese of Boston has posted an interview with Dr. John Haas, president of the National Catholic Bioethics Center in Philadelphia, explaining the Church's position.

Kentucky Approves Ten Commandments On Public Property, As Roy Moore Presses the Issue Elsewhere

According to the Louisville Courier-Journal, the Kentucky House of Representatives yesterday voted 95-5 to approve a bill permitting Ten Commandments displays on public property. With the House vote, the bill goes to the Governor, whose approval is expected. The Lexington-Herald Leader also reports on the bill's passage.

The bill, HB 277, permits the display in public buildings, on public property and in schools of historic monuments, symbols and texts if they are displayed in a balanced, objective and not solely religious manner. The display must neither favor nor disfavor religion generally or a particular religious belief. Also any display must promote Kentucky's historic, cultural, political, and general heritage and achievements. The bill also provides for the return to the Capitol grounds of a Ten Commandments monument that had been removed under court order in 2000 to a Fraternal Order of Eagles site. And the bill calls for posting "In God We Trust" in the House of Representatives chambers.

Meanwhile, former Alabama Supreme Court Chief Justice Roy Moore, who is running for Governor of Alabama, is apparently speaking around the country pressing for the display of the Ten Commandments on public property. An interview with him was published today by the Toledo (Ohio) Blade, prior to Moore's appearance on Tuesday at a Toledo-area Christian school. The former judge, who was removed from office after refusing to obey a court order to remove a large Ten Commandments monument from Alabama's supreme court building, told the Blade: "I did not disobey the rule of law. I disobeyed the rule of man. No judge or person can put himself above the law he is sworn to uphold. And we are not sworn to obey such men, but the Constitution."

Montana Church Found To Have Violated State Campaign Restrictions

On March 7, the Montana Commissioner of Political Practices issued his decision in In the Matter of the Complaint Against the Canyon Ferry Road Baptist Church. Yesterday the Baptist Press reported on the case which held that an East Helena Baptist Church violated Montana campaign finance and practices laws and regulations by its activities in support of a 2004 ballot measure prohibiting gay marriage. The decision held that the Church should have filled out paperwork to report itself as an "incidental political committee". The opinion said: "Use of the church’s facilities to obtain signatures on CI-96 petitions, along with Pastor Stumberg’s encouragement of persons to sign the CI-96 petitions during regularly scheduled church services, obviously had value to the campaign in support of CI-96."

Alliance Defense Fund attorney Gary McCaleb claims the law unconstitutionally infringes on religious expression and free speech. He said: "It has a chilling effect on a church's speech. It means [the church] has to register with the state and jump through a bunch of election-law-reporting hoops merely for putting a few pieces of paper out in the foyer. It's a pretty outrageous extension of election law into the free speech realm."

California Supreme Court Upholds Antidiscrimination Pledge For Receipt of Subsidy

Yesterday, the California Supreme Court in Evans v. City of Berkeley (March 9, 2006), upheld the right of Berkeley to suspend the Sea Scouts' (an affiliate of the Boy Scouts) free use of a berth in the city's marina after the scout group refused to confirm that it would not discriminate against gays or atheists. The Court held that the denial did not violate the Scout group's right of free expression or association, or their right to equal treatment. The Court said: "[A] government entity may constitutionally require a recipient of funding or subsidy to provide written, unambiguous assurances of compliance with a generally applicable nondiscrimination policy." The Sea Scout group in fact did not, at least presently, discriminate on the basis of sexual orientation or religion. However, it refused to clearly confirm this in writing because that would violate policies that the Boy Scouts of America required. The Court said: "We are aware of no authority for the extraordinary proposition that government infringes on associational rights by offering one group a financial benefit that, if accepted, could lead another group to sever its association with the recipient."[Thanks to Marty Lederman via Religionlaw listserv for the information.]

President's Remarks On Faith-Based Initiatives

Here is the full text , as well as a Knight-Ridder news report on, President George W. Bush's remarks to yesterday' White House Conference on Faith-Based and Community Initiatives. In his remarks, the President called for two changes in the Internal Revenue Code-- larger tax deductions for corporate food donations, and permitting individuals to use a portion of IRA funds tax-free for charitable contributions. He went on to say:

As you know, this has been quite a controversial subject here in the United States Congress. We believe in separation of church and state -- the church shouldn't be the state and the state shouldn't be the church. No question that's a vital part of the country, and that's a vital part of our heritage and we intend to keep it that way. But when it comes to social service funding, the use of taxpayers' money, I think we're able to meet the admonition of separation of church and state and, at the same time, recognize that faith programs provide an important model of success. They help us achieve certain objectives in our country.

The White House also issued a Fact Sheet, titled Compassion in Action: Producing Real Results for Americans Most in Need as well as a detailed report on grants to faith-based organizations in fiscal 2005.

Petition In European Court of Human Rights On Muhammad Cartoons

According to Jurist, the European Court of Human Rights announced yesterday that it had received an application from the French Regional Council for the Muslim Faith to declare the publication of caricatures of the Prophet Muhammad in French newspapers an infringement of the non-discrimination provisions of the European Convention on Human Rights. Last month a French court dismissed a similar suit on procedural grounds. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Complaint Against Air Force Proselytization Expanded

The Associated Press reports on two interesting developments Thursday in the lawsuit brought against the Air Force by Mikey Weinstein, an Air Force Academy graduate, and a group of active-duty officers, who are seeking an injunction to prevent Christian proselytization at the Air Force Academy. First, the plaintiffs asked to amend the complaint to also seek a declaration that the Air Force's new Guidelines on religion are unconstitutional. Second, the plaintiffs ask to add Air Force recruiter, Master Sgt. Phillip Burleigh, as a plaintiff. Burleigh alleges he was asked by superiors to use Jesus Christ as a recruiting tool.

Impact of O Centro On RLUIPA Land Use Claims

The Becket Fund's RLUIPA website has posted a detailed legal memo on the impact of the U.S. Supreme Court's O Centro decision on religious land use cases under RLUIPA. The memo concludes that: "The opinion should finally lay to rest any argument that RLUIPA violates the Establishment Clause..." The memo says, most importantly, the decision establishes what must be shown for a state or local government to show a compelling interest in enforcing land use laws that restrict religious exercise. A general interest in enforcing a zoning code is not enough. A government must show a compelling interest in a specific context. And a compelling interest is less likely to be found if the statutory scheme already makes exemptions available for some reasons. [Thanks to Rick Duncan via Religionlaw listerv for the lead.]

State Department Issues 2005 Country Reports on Human Rights

Yesterday, the U.S. State Department released its 2005 annual Country Reports on Human Rights Practices. The report to Congress is required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 and section 504 of the Trade Act of 1974. The purpose of the reports is to highlight human rights achievements and violations and to suggest future tasks and the potential for greater cooperation in advancing the aspirations of the Universal Declaration of Human Rights, including the protection of religious liberty.

White House Conference Today Will Tout Faith-Based Programs

A White House Conference on Faith Based and Community Initiatives today is expected to attract 1500 people, according to the Chicago Tribune. It is expected that President Bush will announce that 2005 showed record federal grants to religious charities-- over $2 billion, of which $127.4 million went to charities in Illinois. Recent legislation has assured that religious groups receiving TANF funds and funds under the President's Marriage and Fatherhood Program are able to take employees' religious affiliation into account in hiring. Yesterday, Jim Towey, director of the Office of Faith-Based and Community Initiatives, in an online chat, said "For too long we have treated these vital groups as 'candy stripers', when they have been the foot soldiers."

Rev. Barry W. Lynn, head of release yesterday criticized the President's Faith-Based program, saying: "The White House is using incense and mirrors to cover up its domestic policy failures. Presidential speeches and bogus reports about the faith-based initiative are no substitute for adequate funding of effective government programs."

Spiritual Leaders Urge Prison Sweat Lodge Be Limited To Native Americans

The Las Vegas Sun yesterday reported that at a hearing Tuesday before the Nevada Indian Commission, Native American spiritual advisers urged the Department of Corrections to exclude non-Indians from religious sweat lodge ceremonies at Nevada State Prison. A Department of Corrections check showed that many participants in sweat lodge ceremonies for inmates segregated from the general prison population are white or Hispanic. That includes the sweat lodge's spiritual leader, August Ardagna, and its pipe holder, Lionel Hernandez. "They are just playing with our ceremonies," said Buck Sampson, spiritual leader for the Reno-Sparks Indian colony." What they are doing makes me sick." Spiritual leaders, though, said they are sensitive to people who are not full-blooded Indians, but want follow Native American traditions.

Israel Elections Committee Censors Anti-Religious Ad

In Israel, Arutz Sheva yesterday reported that the Chairperson of the Central Elections Committee, Judge Dorit Beinish, has told the ultra-secularist Shinui party that she would order one of its campaign ads censored because it is grossly insulting to the ultra-Orthodox Jewish community. The ad depicts an obviously secular Israeli walking in the street with Hareidi (ultra-Orthodox) people hanging onto his legs. Shinui says it will appeal to the High Court of Justice.

Full California Board of Education Adopts Textbook Changes On Hinduism

Yesterday, according to the Sacramento Bee, California's State Board of Education approved changes to history textbooks, in an attempt to find a compromise to conflicting demands raised in previous months about how Hinduism should be taught in public schools. (See prior posting.) Controversy has focused on whether the textbooks' descriptions of caste and gender discrimination unfairly singled out Hinduism for practices common in the ancient world. Opponents said the proposed changes would whitewash practices that still go on in India. The recommended changes the board accepted Wednesday in most cases represented points of agreement among opposing groups, according to Department of Education staff.

Claims By Prisoners Permitted To Proceed

In Henderson v. Brush, 2006 U.S.Dist. LEXIS 8756 (WD Wis., March 6, 2006), a Wisconsin federal district court permitted a Taoist prisoner to proceed with establishment and free exercise clause claims against Wisconsin prison officials for failing to recognize Taoism as an umbrella religious group; purchasing texts for Catholic, Protestant, Jewish, and Muslim inmates but not for Taoist inmates; and refusing to purchase two Taoist texts for the plaintiff.

In Lewis v. Mitchell, 2005 U.S. Dist. LEXIS 40814 (SD Cal., Oct. 5, 2005), a decision from last year that has just become available, a California federal district court dealt with a Muslim prisoner's claim that his religious liberty was infringed when he was deceptively served pork disguised as turkey. The court held that the prisoner must assert more than negligence to support his claim that his constitutional rights have been infringed. It found that he had asserted conscious or intentional acts against two of the defendants, but not against a third. The earlier Magistrate Judge's recommendation in the suit, also just released, is at 2005 U.S. Dist. LEXIS 40812 (July 11, 2005).

V.A. Slow To Recognize Wiccan Grave Markers

Blog From the Capital today points out a story from last week's Las Vegas Review-Journal (via AlterNet) on the slowness of the U.S. Department of Veterans Affairs and its National Cemetery Administration in approving an application to add the Wiccan Pentacle symbol to the 30-plus others that may be placed on veterans' headstones in national cemeteries. The widow of Nevada National Guard Sgt. Patrick Stewart, killed when the Chinook helicopter he was in was shot down in Afghanistan, is seeking to have the symbol placed on her late husband's headstone.

White House Developments On Faith-Based Initiatives

The President yesterday issued an Executive Order (full text) requiring the Secretary of Homeland Security to create a center for faith-based and community initiatives in DHS. The Executive Order provides: "The purpose of the Center shall be to coordinate agency efforts to eliminate regulatory, contracting, and other programmatic obstacles to the participation of faith-based and other community organizations in the provision of social and community services."

In a related matter, today at 11:00 a.m., Jim Towey, Director of the White House Office of Faith-Based and Community Initiatives, will conduct an interactive online discussion of the upcoming White House conference on the role corporations and foundations play in funding social services. The public may submit questions for Mr. Towey through the White House website.

Connecticut Bill Would Require Catholic Hospitals To Dispense Emergency Contraceptive

Lifenews.com reports that the Connecticut legislature is considering a bill (RSB 445) that would require Catholic hospitals to provide the morning-after pill to victims of sexual assault, even though it conflicts with Catholic religious teachings. Not surprisingly, the four Catholic hospitals in the state oppose the bill. Connecticut Gov. Jodi Rell, who supports legal abortion, says she favors the current law, which permits hospitals not to dispense the morning-after pill for religious reasons but requires that they refer women who seek it to other hospitals. However, her spokesperson said the Governor would be willing to consider the new legislation if it passes. Gubernatorial candidate John DeStefano, the mayor of New Haven, supports the morning-after pill requirement for Catholic hospitals, as does Connecticut Sexual Assault Crisis Services. To pass, the bill needs to be voted out of the Public Health Committee by March 20 and enacted by both houses of the legislature by May 3, the end of the current legislative session.

Sikhs Battle Montreal Port Authority Over Hard Hats

CTV.ca reported yesterday that in Canada a new religious liberty dispute between Sikhs and the government has arisen after the province of Quebec enacted legislation requiring all truck drivers coming into the Port of Montreal to wear hard hats. Sikh truck drivers say that wearing a helmet violates their religious obligation not to remove their dastaars (turbans). Prithvi Saluja, a Quebec Sikh, argues that throughout history Sikhs have performed dangerous tasks without helmets. However, France Poulin, from the Montreal's Port Authority, says that the issue is one of worker safety. In some cases, terminal operators have permitted Sikh truck drivers wearing turbans to enter the port, but have requried them to remain in their trucks. In other cases, entry has been denied.

Colorado Bill Would Protect Employees From Employer Religious Indoctrination

The Colorado legislature is considering H.B. 1314 that would prohibit employers from penalizing employees for not attending meetings at which the employer wishes to express opinions on religious or political matters. The Associated Press yesterday reported on the newly proposed bill hat is aimed at protecting employees from becoming captive audiences. Religious and political organizations would be exempt. The Colorado Association of Commerce and Industry opposes the measure bill, saying it would conflict with federal labor law and encourage lawsuits. They also argue that it fails to define "religion" and "political matters."