Spokane Diocese Wins Appeal In Bankruptcy Case

The Catholic Diocese of Spokane, Washington has successfully appealed a bankruptcy judge's August 2005 decision that said parish churches, schools and similar properties were all assets that could be liquidated to pay off Diocese creditors in its bankruptcy proceedings. Yesterday's Washington Post reports that U.S. District Judge Justin Quackenbush in Spokane has overturned the bankruptcy judge's decision. Quackenbush apparently agreed with the Diocese that while the Bishop holds formal title to parish properties, the beneficial interest is held by each parish. Quackenbush sent the case back to the bankruptcy court for it to determine the status of each individual parish. Shaun Cross, a lawyer for the Diocese, predicted that the decision will lead to serious settlement negotiations.

Arapaho Tribal Courts Ignored On Sun Dance

In Concho, Oklahoma, a dispute over the Arapaho Indian tribe's Sun Dance Ceremony is back in tribal court. The controversy is the subject of two recent articles by the Associated Press. The Shoshone and Arapaho Tribal Court and the Cheyenne-Arapaho Tribal Court previously issued injunctions prohibiting the Cheyenne-Arapaho Tribe of Oklahoma from holding the Sun Dance Ceremony because it violated the ceremony's secrecy when it permitted an anthropologist to attend and write about the dance. The Bureau of Indian Affairs has refused, however, to enforce the tribal court orders. Last week Patrick Spottedwolf was among a group of Oklahoma Arapahos who ignored the tribal court injunctions and began to build a ceremonial arbor to conduct the ceremony. This led some 20 to 50 people, including members of the Northern Arapaho Tribe in Wyoming, to take the law into their own hands. They attacked the group preparing the ceremony, cut down the arbor with chain saws and set it on fire. Then Spottedwolf was charged with contempt for violating the tribal court injunctions. He has pled not guilty, claiming that the injunctions unconstitutionally violate his freedom of religion.

The Indian Civil Rights Act, enacted by Congress in 1968, requires that Indian tribes exercising their rights of self government abide by most of the provisions of the Constitution's bill of rights. The Act prohibits tribes from making or enforcing any law that prohibits the free exercise of religion. It does not impose establishment clause constraints on tribes.

Suit Filed In Pakistan Over Destruction Of Hindu Temple

GulfNews.com today reports that in Lahore, Pakistan, lawyers are asking the High Court to order builders of a commercial plaza who have demolished the city's only Hindu temple to stop the construction and rebuild the Krishna shrine. The suit charges that the country's Evacuee Property Trust Board had an obligation to protect the Hindu temple, and that instead it permitted the construction project. The petitioners say that those responsible should be tried under Section 295 of the Pakistan Penal Code which prohibits the demolition of the places of worship.

EEOC Faces Large Budget Cut

The Labor Research Association reported earlier this week that the federal Equal Employment Opportunity Commission faces a $4.2 million budget cut for the coming year. The EEOC, which is the major federal agency charged with enforcing laws against religious and other discrimination in employment, has lost 20% of its staff since 2001. The agency currently has a backlog of more than 30,000 discrimination cases (over one-third involve racial discrimination) and it takes an average of 180 days to process a case.

Wisconsin Gets Faith-Based Office

Wisconsin Democratic Governor Jim Doyle yesterday announced that he has issued an executive order (full text) setting up an Office of Community and Faith-Based Partnerships. The Duluth News Tribune yesterday reported that the office will be funded by $100,000 in federal funds granted to the state. As in the 32 other states that have similar agencies, the Minnesota office will help local social service organizations access and effectively use federal grants. Doyle's Republican challenger in the governor's race, current U.S. Rep. Mark Green. said that Doyle was appropriating his idea. Annie Laurie Gaylor, co-founder of the Freedom From Religion foundation, said "The whole thing is just a very uneasy union between church and state. You can't separate the politics out."

Finland Debates Unsolicited Religious Mailings

In May, Jukka Lindstedt, one of the Finnish Parliament's two deputy ombudsmen, issued a decision invalidating the general distribution of parish publications that includes sending them to homes that have not requested them. Lindstedt ruled that this was an unconstitutional infringement of freedom of religion of those who do not wish to receive the publications. NewsRoom Finland reported yesterday that a constitutional scholar, Veli-Pekka Viljanen, disagrees with Lindstedt's conclusion.

Accommodating Muslim High Schoolers In Seattle

How to accommodate the religious needs of Muslim high school students to offer prayer 5 times each day has become a difficult problem for schools. Today's Seattle Times details some of the techniques being used in the Seattle School District. These include setting aside an empty classroom for Muslim student prayer sessions, and excusing students early on Friday afternoon so they may attend prayer services at a nearby mosque. Some, like Andy McDonald on the blog Sound Politics, criticize the setting aside of classrooms saying that this places Islam in a privileged position by making it the only religion that may be practiced officially during the school day.

Court Permits Religious Profiling In Immigration Enforcement

Yesterday in Turkmen v. Ashcroft, (EDNY, June 14, 2006), New York federal district Judge John Gleeson issued a lengthy decision in a class action brought by illegal aliens of Arab and Middle Eastern origin who were detained for several months in the aftermath of the September 11 terrorist attacks. The court permitted plaintiffs to proceed with various claims relating to their conditions of confinement, including claims of illegal interference with their religious practices by denying them copies of the Koran, denying halal food, refusing to give them information on dates or time of day so plaintiffs could pray, and constantly interrupting their prayers.

However on a broader equal protection issue, the court seemed to hold that it is permissible for the government to engage in religious (as well as racial) profiling in its enforcement of the immigration laws. Relying on language from a 1999 U.S. Supreme Court case, Reno v. American-Arab Anti-Discrimination Committee, the judge wrote:

This is, of course, an extraordinarily rough and overbroad sort of distinction of which, if applied to citizens, our courts would be highly suspicious. Yet the Supreme Court has repeatedly held that the political branches, "[i]n the exercise of [their] broad power over naturalization and immigration ... regularly make[] rules that would be unacceptable if applied to citizens." Mathews v. Diaz, 426 U.S. 67, 79-80 (1976);....

Similarly, I do not believe the plaintiffs’ claims of selective enforcement on the basis of their race and religion provide any cause to depart from the general rule laid out in AADC. In the investigation into the September 11 attacks, the government learned that the attacks had been carried out at the direction of Osama bin Laden, leader of al Queda, a fundamentalist Islamist group; some of the hijackers were in violation of the terms of their visas at the time of the attacks. In the immediate aftermath of these events, when the government had only the barest of information about the hijackers to aid its efforts to prevent further terrorist attacks, it determined to subject to greater scrutiny aliens who shared characteristics with the hijackers, such as violating their visas and national origin and/or religion. Investigating these aliens’ backgrounds prolonged their detention, delaying the date when they would be removed.

As a tool fashioned by the executive branch to ferret out information to prevent additional terrorist attacks, this approach may have been crude, but it was not so irrational or outrageous as to warrant judicial intrusion into an area in which courts have little experience and less expertise.

Today's New York Times reports on the decision, quoting Georgetown law professor David Cole's take on the decision: "What this decision says is the next time there is a terror attack, the government is free to round up every Muslim immigrant in the U.S. based solely on their ethnic and religious identity, and hold them on immigration pretexts for as long as it desires."[Thanks to How Appealing for the case link.]

Illinois Village And Church Spar Over Building Requirements

The village of Wadsworth, Illinois has granted a temporary occupancy permit so that Cornerstone Community Church can continue to use its new building even though landscaping has not been completed, according to a release yesterday from the Alliance Defense Fund. Earlier this month the village board voted to support an order from village President Ken Furland requiring that landscaping, required by the church's special use permit, be completed. This had the effect of reversing informal permission to begin using the building given by the village's inspector. The city's order threatened cancellation of today's memorial service for for Staff Sergeant Edward G. Davis III who died in April while serving in Iraq. The village relented only after a federal lawsuit was filed claiming that the village's action infringed the church's First Amendment rights and the protections granted by RLUIPA. (Full text of complaint.)

The Associated Press report on the controversy earlier this week had a somewhat different slant. It quotes village officials as saying that there has been a long series of attempts by Cornerstone Community Church to get around the village's permit requirements.

Secretary Rice Talks About Religious Faith and Freedom

U.S. Secretary of State Condoleezza Rice yesterday was interviewed by Tampa, Florida radio talk show host Bill Bunkley just before she spoke to the Southern Baptist Convention in Greensboro, North Carolina. BP News has released the full transcript of her interview that focuses on the role of faith in her life and moves toward religious freedom in the Muslim world.

UPDATE: Here is another interview with Secretary Rice on similar topics, this time with the editor of SBC Life.

California Supreme Court Will Review Doctors' Religious Defense

The Associated Press reports that yesterday the California Supreme court agreed to review the court of appeals decision in North Coast Women's Care Medical Group v. Superior Court. The case raises the question of whether two doctors being sued by a lesbian woman for refusing to perform intrauterine insemination on her can defend on the basis of their religious beliefs. The lower court held that the doctors could introduce evidence of their religious beliefs to show that their refusal was based on the fact that the patient was unmarried, rather than on the fact she was a lesbian. (See prior posting.)

Egypt To Ban Both Da Vinci Code Film And Book

Egypt's Minister of Culture, Farouk Hosni, told Parliament this week that Egypt will ban the film The Da Vinci Code for insulting religion. Ali Abu Shadi, director of Egypt's censorship board, said official action has not yet been taken because copies of the film have not yet been received in Egypt. Culture Minister Hosni also said that the government will go further and confiscate copies of the book version of The Da Vinci Code, even though it has been on sale in the country for over two years. The Associated Press reported yesterday that the moves come after Georgette Qelliny, a Coptic Christian member of Parliament, demanded that the action be taken. There has been increased tension between Muslims and Christians in Egypt recently. (See prior related posting.)

US Muslim Women Seek Religious Accommodations

USA Today carries an article on the efforts of some Muslim women in the United States to get both private and public groups to accommodate their belief in separation of the sexes in most contexts. Issues have arisen in connection with public swimming pools, gyms and women's basketball teams. In the American Muslim community there are disagreements on whether these requests for accommodation are an appropriate exercise of religious freedom, or are unduly alienating to non-Muslim Americans.

Bolivian Constitutional Rewrite Focuses On State Religion Issue

In March, Bolivian President Evo Morales signed a law calling for a special assembly to rewrite the country's constitution. (BBC News.) That has led to a lively debate on whether Catholicism should remain Bolivia's official religion, or whether the country should become a secular State. Spero News yesterday reviewed the competing positions. The ruling party, Movement to Socialism (MAS), wants to eliminate the special privileges enjoyed by the Catholic Church and move to a fully secular constitution. Another group, Democratic and Social Power, wants the current constitutional provision recognizing the Catholic Church to remain unchanged. The Catholic Church takes an intermediate position. It supports a provision granting "broad religious freedom," but with recognition of "the Catholic Church and perhaps other religions as part of the history of the formation of Bolivia." This general approach is also supported by the Bolivian Episcopal Conference and evangelical Christians organized as National Unity".

Temporary Injunction Saves Church Services In School Gym

A South Carolina federal district judge has granted a temporary injunction to the members of Gracepointe (Southern Baptist) Church, ordering Woodland High School in Dorchester, SC to continue renting its gymnasium to the group for Sunday services pending trial in a lawsuit filed by the Church. The Church has rented the gym for Sunday services at the rate of $250 per week since August 2005. The school has asked the Church to leave, saying that the rental arrangement was never intended to be a long-term one and that the Church is being subsidized through below-market rent. Yesterday's Charleston Post and Courier reports that Judge David Norton's ruling says that the school district's rental policy distributed to community groups says nothing about time limits for renting facilities and all community groups get the same low rental fee.

Ugandan Police Arrest Muslim Groom After Marriage To Hindu Bride

Police in Uganda have arrested Syed Sadiq, a Muslim, after he married Anju Bala in a mosque in Nsambya, Arua Municipality, on Friday according to the (Kampala) Monitor. That ceremony followed a civil ceremony before the Arua District Registrar. The bride is Hindu. Her family and the Hindu community complained to authorities that the marriage is illegal. They consider it impermissible for a Hindu to marry a non-Hindu. During the wedding ceremony the bride's family actually stormed the mosque, but they were held back by police. Then the two families filed competing complaints at the Central Police Station. The groom's family says the bride converted to Islam before the wedding. The bride's family says that if this is so, it was a forced conversion or the bride was mentally incompetent. The groom is still in jail, but the rival groups are besieging the police station arguing for and against his continued incarceration.

Recent Developments In Religious Land Use Cases

Newspapers around the country report on developments in a number of RLUIPA and other religious land use cases.

In Boulder County, Colorado, Rocky Mountain Christian Church is seeking permission for a 15 to 20 year construction plan that would add an education building, a multipurpose chapel building, a gymnasium, a connecting gallery, and about 500 parking spaces. Yesterday's Longmont (CO) Daily Times-Call reported that the U.S. Justice Department has now entered the pending litigation in which Boulder County is challenging the constitutionality of RLUIPA's land use provisions.

The Orange County (CA) Register today reports that in Huntington Beach, California, lawyers for the city and Praise Christian Center are negotiating in a final attempt to settle a lawsuit, now on appeal, in which the church charges that the city violated RLUIPA in 2003 when it required the church to make various changes to a warehouse before using it a a church. These included a sprinkler system, soundproofing, and relocation of 3 parking spaces. The city prevailed at trial, but Praise Christian Center is appealing because the court refused to hear expert testimony on other situations in which the city did not require businesses to make like changes.

In Bedminster Township, New Jersey, under the prodding of a federal judge, the township is attempting to reach a settlement with Church of the Hills that has filed a RLUIPA suit because the township zoning board denied it a crucial variance it needs to proceed with its plans to quadruple the size of its facilities. Last fall, the U.S. Department of Justice filed a brief supporting the church. Yesterday, the Bernardsville News reported that the church has agreed to scale back its plans, and the township may now have more incentive to settle because its insurance carrier is no longer supporting its defense.

Finally, in Washington state, the Seattle Times reports today that a state court of appeals is being asked to grant an emergency stay of the order obtained by the city of Woodinville evicting 60 residents of Tent City 4. The tent city, sponsored by SHARE/WHEEL (a non-profit homeless advocacy group), is being hosted by Northshore United Church of Christ. One of the arguments on appeal is that the city's land-use code unconstitutionally infringes the church's right to religious expression. The city claims that Tent City 4 promoters did not follow proper permit procedures. In November, a RLUIPA claim was filed to challenge another Seattle suburb's regulation of a Tent City 4 encampment. (See prior posting.)

British Religious Groups Urge Enforcement Of School Prayer Requirements

In Great Britain, a group of religious leaders has written the new Secretary of State for Education, Alan Johnson, urging him to make sure that secondary schools carry out their obligation to provide daily collective worship for students. Britain's School Standards and Framework Act of 1988, Sec. 70 and Schedule 20, requires daily organized school prayer that is "wholly or mainly of a broadly Christian character". Parents can request to have their children excused from prayer, and religiously-affiliated schools have prayer in their faiths' traditions. The religious leaders said, according to today's Guardian Unlimited, that many secondary schools are ignoring the daily worship requirement, even though it makes a "major contribution ... to the spiritual and moral development of pupils". They said that more teacher training is required and that the government needs to issue a clear statement to schools setting out their legal obligations. However the British Humanist Association has urged the education secretary to press for a change in the law that would allow schools to have more inclusive student assemblies.

9th Circuit Permits Religious Health Care Providers To Intervene In Weldon Amendment Challenge

In State of California v. United States, (9th Cir., 2006), the U.S. 9th Circuit Court of Appeals has permitted the Alliance for Catholic Health Care, the American Association of Pro-Life Obstetricians and Gynecologists, the Christian Medical Association and the Fellowship of Christian Physician Assistants to intervene in a case challenging the constitutionality of the Weldon Amendment-- a federal provision preventing federal, state and local governments from receiving certain federal funds if they discriminate against health care providers that refuse to provide, pay for, provide coverage for or refer for abortions. California sued to challenge the constitutionality of the Weldon Amendment because arguably its law requiring emergency health care providers to furnish medical services for any condition posing a threat to life or a threat of serious injury or illness would cause California to lose federal funds. Finding that the United States will not adequately represent the intervenors' position, the Court of Appeals reversed the district court and ordered that the intervenors be made parties defendant.

Today's Sacramento dBusiness News reports on a statement issued by the Alliance of Catholic Health Care praising the court's decision.

Alaska Tax Exemption Challenged As Favoring One Religion

The American Civil Liberties Union of Alaska is suing the state challenging a law passed in May that broadens the property tax exemption for clergy housing to include housing occupied by religious teachers who are not members of the clergy. The Associated Press says that the suit was filed Monday in state court in Anchorage. The broadened exemption in fact benefits only the Anchorage Baptist Temple. The Alaska ACLU says that the new law not just favors religion, but favors one religious institution.

Baltimore Funding of Faith-Based Hunger Program Opposed

After issuing a statement last week opposing the state of Maryland's spending $150,000 on transportation to attract the National Baptist Convention to Baltimore, now Americans United for Separation of Church and State has sued the city of Baltimore that is planning to give the United Baptist Missionary Convention of Maryland (UMBCM) $297,500 to support its Bags of Love outreach program. Today's Baltimore Sun says that funds will be spent to distribute over 1,000 bag lunches at area shelters and missions on Saturday before the Convention begins. The suit claims that funding the anti-hunger program violates the separation of church and state because the bags of food being distributed also contain a Bible and "salvation tracts". (AU Release.) However, Rev. Theresa Mercer says now that city finding is being used, that UMBCM is no longer planning to include Bibles or other religious materials in the food bags. Rev. Barry W. Lynn, executive director of Americans United, said that his group would need to look at the revised plans to decide whether to withdraw the suit.

Newdow Loses "In God We Trust" Challenge; Pledge Case Still Pending

Yesterday in Newdow v. Congress of the United States, (E.D. Cal., June 12, 2006), a California federal district court rejected Michael Newdow's challenge to the constitutionality of "In God We Trust" as the national motto and its use on coins and currency. The court held that Newdow had standing to bring the challenge, finding that Newdow adequately alleged injury-in-fact, causation and redressability. The court dismissed Congress and its Law Revision Counsel as defendants, finding that they are immune from suit under the Speech and Debate Clause of the Constitution (Art. I, Sec. 6), since the claim against them is merely that they enacted and published an unconstitutional law. However the court proceeded to the merits of the claim against other defendants (the Secretary of Treasury, the Director of the Mint, the Director of the Bureau of Engraving and Printing, and the Pacific Justice Foundation which intervened as a defendant).

In passing on the merits, the court held that it was bound by a 1970 Ninth Circuit decision (Aronow v. United States, 432 F.2d 242 [LEXIS Link]). Relying on that, the court rejected Newdow's Establishment Clause claim, finding that the motto has no theological or ritual impact, but rather merely has spiritual, psychological and inspirational value. The court similarly rejected Newdow's Free Exercise and RFRA claim that his right to exercise his Atheistic beliefs has been burdened by the government's endorsement of monotheism. It said that "In God We Trust" is a secular motto. It also rejected Newdow's attempt to rely on a 1977 Supreme Court decision striking down a New Hampshire requirement that auto owners display license plates with the motto "Live Free or Die".

Meanwhile Michael Newdow has another important case pending before the 9th Circuit-- a challenge to the inclusion of "under God" in the Pledge of Allegiance. (See prior posting.) Howard J. Bashman has an interesting article in Law.com yesterday discussing the technical question of whether the panel of 9th Circuit judges who hear this appeal will be bound by a prior 9th Circuit decision that found the Pledge's use of "under God" to be unconstitutional. That decision was reversed by the U.S. Supreme Court on the ground that Newdow lacked standing. Bashman argues that this had the effect of erasing the 9th Circuit's prior determination on the merits, even though the district court in the case now on appeal upheld Newdow's claim on the ground that it was sill bound by the 9th Circuit determination. If the Supreme Court's dismissal on standing grounds did not wipe out the 9th Circuit's substantive holding, the current 3-judge panel is also bound by the holding of the earlier 3-judge panel.

Will Britain Require Clergy To Bless Gays and Give Them Communion?

A posting last week discussed some of the concerns that religious groups in England have about proposed British government regulations banning discrimination on the basis of sexual orientation in furnishing goods and services. Those concerns related to services offered by religiously affiliated organizations. Today LifeSiteNews reports the Church of England is suggesting that the regulations could have a much more direct impact on core functions of the Church itself. It says that under the proposed regulations it will be illegal for churches to deny gay and lesbian couples use of churches for civil commitment ceremonies, and clergy would be required to bless same-sex couples. It says that communion falls under the definition of services, so it would be illegal for a clergyman to deny communion to homosexuals.

In fact it seems unlikely that the final regulations will be this broad. Here is what the March 2006 Consultation Paper said about the issue:

Churches, mosques and many other religious organisations advance their faith or belief through activities such as worship, teaching and preaching, officiating in marriage, conducting baptisms and giving sacraments to members of their religious community. We recognise that there may be circumstances where the new regulations could impact on aspects of religious activity or practice in the light of the doctrines of some faiths concerning sexual orientation and the beliefs of their followers. We need to consider therefore the application of the regulations in these areas.

We are interested to hear views on the impact that the regulations may have in these areas, particularly where the regulations may impede religious observance or practices that arise from the basic doctrines of a faith. Any exceptions from the regulations for religious organisations would need to be clearly defined and our starting point is that these should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith.

Fallaci Trial On Defaming Islam Begins Today In Italy

In Italy today journalist and author Oriana Fallaci goes on trial charged by Muslim activist Adel Smith with defaming Islam, according to Mainichi Daily News. The charges grow out of a 2004 book, The Force of Reason, in which Fallaci says "To be under the illusion that there is a good Islam and a bad Islam or not to understand that Islam is only one ... is against reason." Fallaci is being tried under an Italian law that prohibits "outrage to religion". The author, who lives in New York, will not attend today's hearing in the city of Bergamo. The AP reported earlier that Italy's Justice Minister sides with Fallaci, saying that she has expressed deep criticism of Islam, but not defamation.

A La Carte Cable Proposal Splits Evangelicals From Christian Broadcasters

The Washington Post reported on Saturday that a plan to change cable television rules to require "a la carte" service is strongly supported by evangelical Christians, but is opposed by Christian broadcasters. Sen. John McCain is likely to introduce legislation to mandate the approach which is backed by a February Federal Communications Commission report. A la carte packaging would permit cable subscribers to pay only for channels they wish to receive, and would preclude cable providers from forcing customers to take packages which include other channels. Evangelicals see this as a way to avoid receiving and paying for channels that carry programming they find offensive. Christian broadcasters, however, fear that this will prevent channel surfers from having conversion experiences after accidentally coming across a Christian broadcast. Only those who are already Christians are likely to pay for these channels in advance.

Recent Law Review Articles

Recent articles (from SmartCILP):

Anthony R. Benedetto, The Impact on "The Vanishing Trial" If People of Faith Were Faithful To Religious Principles of Settling Disputes Without Litigation, 6 Pepperdine Dispute Resolution Law Journal 253-278 (2006).

Jenna Blackwell, The Role of Religion In Child Custody Disputes, 5 Appalachian Journal of Law 17-33 (2006).

Toni M. Massaro, Religious Freedom and "Accommodationist Neutrality": A Non-neutral Critique, 84 Oregon Law Review 935-1000 (2005).

Shelley Ross Saxer, Government and Religion As Landlord and Tenant, 58 Rutgers Law Review 409-450 (2006).

David Hollander, Jewish Law For the Law Librarian, 98 Law Library Journal 219-252 (2006).

Court Upholds Refusal To Transport Prisoner For Religious Conversion

Beasley v. Konteh, 2006 WL 1554582 (N.D.Ohio, June 8, 2006) is an interesting prisoner free exercise case decided by a federal district court in Toledo, Ohio. Convicted murderer James Beasley claims that he is an Orthodox Jew. However because he was neither born Jewish nor converted, local Jewish organizations do not consider him Jewish for purposes of furnishing him pastoral care services. So Beasley seeks to be formally converted, which a local rabbi is willing to do. However this requires that Beasley be transported to a local synagogue where he can undergo immersion in a mikvah as part of the conversion ceremony. Prison authorities refuse to transport Beasley out of the prison because of administrative and security concerns. The court upheld the warden's decision, saying that neither the Constitution nor federal statutes require that a prisoner be allowed to leave prison to participate in a religious ceremony.

The court, however, did permit Beasley to move ahead with his claim that prison authorities threaten to cut his beard and sidelocks in violation of his religious beliefs, though prison officials say they are now treating him as Jewish and have granted him an exception to the prison's grooming regulations. Yesterday's Toledo Blade covered the decision.

Iran Sets Up "Office of Religious Blogs"

The American Foreign Policy Council's newsletter, Iran Democracy Monitor , in its June 9, 2006 edition, reports that the Iranian government has created an "Office of Religious Blogs". Based in Qom, the Office provides research, training, and support to clerical bloggers operating inside Iran. It says it has already trained 500 bloggers to use of the Internet to disseminate a pro-regime message to Iranians who are increasingly using the Internet.

Texas Democrats Appeal To Progressive Christians

Following the Texas Republican Party Convention last week that was filled with appeals to conservative Christians, this weekend the Texas Democratic Party held its convention and sought ways to identify with progressive Christians. Today's Dallas Morning News reports that buttons worn by delegates featured the religious symbol of a fish along with the Democratic Party donkey. At a workshop sponsored by the Texas Freedom Network, Rev. Brett Young said, "Caring for the poor is a religious issue. Feeding the hungry, watching out for the indigent, standing up for people who are hurting – from a religious perspective, the way we respond to poverty is a litmus test of true morality." Young said that Republicans are trying to define moral values as merely opposition to abortion and gay marriage. Democrats need to emphasize that social justice, programs for the needy and protection of the environment are also moral values.

Indian State Ends Brahmin Monopoly On Priesthood

In another blow to the traditional caste system, the Indian state of Tamil Nadu last month announced that persons of all castes could become Hindu temple priests (archakas). Presently only Brahmins are permitted to become priests. The government's decision was prompted by a decision of the Supreme Court in 2002. Chennai yesterday reported that the government has now set up a seven-member committee, headed by a retired judge of the Madras High Court, to decide on qualifications and training for appointment as a priest. At least one blogger worries that these developments turn the appointment of priests into a secular matter.

Chabad Suit Against Hollywood, Fla. May Settle As Judge Says Zoning Law Is Vague

In a pending federal lawsuit brought by a Jewish Chabad Congregation and the U.S. Department of Justice challenging Hollywood, Florida's removal of a special zoning exception that had been granted for operating a synagogue, the judge has informally announced that she plans to rule that the city's zoning law is too vague. (See prior posting.) In light of this, one member of Hollywood City Council is urging a special meeting to discuss settling the case, according to yesterday's South Florida Sun-Sentinel. Chabad's attorney has sent the city a settlement offer. Officials fear that if the court issues a formal ruling, this will tie their hands in trying to protect neighborhoods from disruption by religious institutions.

CSCE Still Concerned Over Romania's Draft Religion Law

The U.S. Helsinki Commission (CSCE) last week expressed continuing concern about the draft legislation being considered by the Judicial Committee and the Human Rights Committee of Romania's lower house of Parliament, after the bill's rushed passage last year by Romania's Senate. (See prior posting.) It is reported that legislative committees have approved an amendment criminalizing "aggressive proselytizing" with fines or jail terms of up to three years. The Senate-passed draft would create a burdensome registration system. In order to gain the most preferential status, religious communities would need to wait 12 years and show their membership exceeds 0.1% of the population of Romania, or 23,000 persons. Approximately 25% of the 18 currently registered religious groups would not have enough members to meet that requirement.

Liquor Licenses Threaten Quiet At Native American Religious Site

In Sturgis, South Dakota, for the third time since April the Meade County Commission approved alcohol licenses for the annual August Black Hills Motorcycle Rally, according to today’s Rapid City (South Dakota) Journal. The licenses are opposed by Native American groups who say they need peace and quiet at Bear Butte where Plains Indians have participated in Sun Dances and other religious ceremonies for centuries. Opponents of the licenses have now raised new questions about compliance with environmental and historic preservation laws.

Florida Supreme Court Hears Arguments In Religious Sales Tax Exemption Case

The Associated Press reports that on Friday, the Florida Supreme Court heard arguments in Wiccan Religious Cooperative of Florida v. Zingale (see prior posting). In the case, a Wiccan group is challenging the constitutionality of a Florida law (Title 14 Fla. Stat., Sec. 212.06(9)) that grants a sales tax exemption for religious publications, bibles, hymn books, prayer books, vestments, altar paraphernalia, sacramental chalices, and like church service and ceremonial raiments and equipment. The state court of appeals held that the Wiccan group lacks standing to bring the case because it is recognized as a religion and thus benefits from the exemption. In response to a question from the court during argument, Florida Solicitor General James McKee conceded that plaintiffs could start over and file the suit as taxpayers. However he said that in this case, no evidence was ever introduced to show that the Cooperative is a taxpayer. If the Supreme Court decides that plaintiffs have standing, it could then decide the substantive constitutional issue, or could remand it to the court of appeals to consider the issue further.

Soup Kitchen Battles Florida City For Right To Operate

Yesterday’s Fort Myers (Florida) News-Press reported that in Fort Myers Beach last week, city officials and a soup kitchen called God’s Table came closer to going to court. Residents of the Florida town claim that God’s Table, which gives food, clothing, showers and some health care to the Beach’s homeless, is responsible for the growing problems of drinking, littering, public urination and sleeping under homes by street people. God’s Table says that the transient problem has existed for decades, and would be much worse if it did not exist. The city claims that God’s Table is in violation of zoning laws, but the soup kitchen says that as a religious group its activities are protected by the First Amendment and by Florida’s Religious Freedom Restoration Act. The two sides plan to continue meeting to try to find solutions.

Buddhist Group Denied Tax Exemption For Vacant Property

Upstate New York’s Times Herald-Record reports that in Shawangunk, NY, a town of 12,000, a state trial court judge has ruled against a Buddhist group in its controversial application for a tax exemption for 42 acres of property which it bought. The World Buddhist Ch'an Jing Center bought up the land with no particular plans for it. Judge Michael Lynch ruled that the land was not being used for religious purposes as is required to obtain a property tax exemption. The town’s Assessor, Curt Schoeberl, lashed out at the group for its attempt to deprive the town of some $32,000 in tax revenue. He said: "The people that run these organizations have no consciences. They don't understand what they do to the community when they take these large parcels off the tax rolls. The services are still being required. ... It just keeps getting worse and worse. The laws have to be changed."

10th Circuit Upholds Police Officer's Religious Freedom Claim

In Shrum v. City of Coweta, (10th Cir., June 8, 2006), the U.S. 10th Circuit Court of Appeals said summary judgment should not be granted to an Oklahoma town, its police chief and its city manager, in a suit by a former police officer alleging infringement of his free exercise of religion, as well as of various other constitutional rights. Officer Rex Shrum, who also served a pastor of the Coweta Church of Christ, was promised when he joined the police force that he would have Wednesday evenings and Sundays off so he could continue his ministerial duties. However, he was later required to begin to work on Sundays. The court held that while the mere failure to accommodate Shrum’s religious needs in the face of a neutral employment requirement does not amount to a First Amendment violation, here Shrum is alleging something more. He claims that he was moved to the Sunday day shift precisely because the Police Chief knew that this would conflict with his religious commitment. The court held that if Shrum’s religious commitment was the motivating factor in forcing the employment change, it would constitute a First Amendment violation.

Romney's Presidential Bid and His Mormon Religion

Today’s Weekend Edition of the Wall Street Journal (subscription required) carries a front-page article on Massachusetts Governor Mitt Romney’s potential bid for the presidency and how his Mormon religious faith will impact his chances.

The article begins with an account of Romney’s dead-pan humor speaking to the Republican Jewish Coalition in Palm Beach, Florida:

"You may have heard that I’m Mormon," Mr. Romney told the crowd, adding that it’s "very difficult being Mormon" in Massachusetts, where same-sex marriage is legalized. "You see for us, marriage is a relationship between a man and a woman and a woman and a woman."

In meetings with Christian conservatives, Romney is able to say, "I personally believe that Jesus Christ is my savior." He contends that voters will choose “individuals who are people of faith”, but he does not think that the "brand of faith" should matter.

Romney’s consultants do not believe that his religious affiliation will be as important to voters as political insiders are suggesting. Strategists believe, however, that Romney will eventually have to confront the religious issue directly.

Arizona Judges Sued; Discrimination Against Mormon Law Clerk Alleged

The Arizona Republic reports today that earlier this week a former judicial law clerk and a current court employee filed federal civil rights suits against two Arizona Court of Appeals judges. Regina Pangerl accuses Judge Susan Ehrlich of discriminating against her because she is Mormon. Her claim apparently has merit because the state's Commission on Judicial Conduct reprimanded Judge Ehrlich in a non-public proceeding. Pangerl also accuses Chief Judge Sheldon Weisberg of intimidating her into quitting when she requested a transfer from her position with Judge Erlich. In a second suit, Luz Hellman, who is married to one Court of Appeals judge and works for another, accused Judge Weisberg of threatening her with criminal prosecution and dismissal after she leaked two internal memos related to Pangerl's complaints against Ehrlich.

Cert. Petition Filed In Challenge To School Muslim Role-Playing

The Thomas More Law Center, representing plaintiffs, on May 31 filed a petition for certiorari in the U.S. Supreme Court in the case of Eklund v. Byron Union School District in which the 9th Circuit dismissed a challenge to elementary school role playing activities that were designed to acquaint students with Islam. (See prior posting.) WorldNetDaily reports on the filing of the cert. petition and the background of the case.

New Jersey Court Permits Suit Over Omitted Funeral Ritual

Yesterday in Menorah Chapels at Millburn v. Needles, (NJ App., June 8, 2006), a New Jersey appellate court held that the First Amendment does not bar it from granting relief in a suit by an Orthodox Jewish family against a funeral home for breach of contract. The contract with the funeral home obligated it to furnish individuals ("shomerim") to be with the body continually until burial, in accordance with Jewish tradition. However, shomerim were present only part of the time. The court held that "Although the services at issue may be required under the tenets of the orthodox Jewish faith, the dispute does not concern the manner in which they were performed, but solely whether they were performed at all – a non-doctrinal matter." The court went on to hold that the deceased's family could be entitled to recover consequential damages for the emotional distress they suffered. The Morris County New Jersey Daily Record carries a news account of the court's decision.

Britain's Religious Groups Fight Sexual Orientation Anti-Discrimination Proposals

Earlier this year, Britain's Parliament passed the Equality Act which authorizes the government to prohibit discrimination on the basis of sexual orientation in the provision of goods, facilities and services, in education, and in the exercise of public functions. In March, the government issued a Consultation Paper indicating that it planned to introduce implementing regulations in October 2006. The new Regulations would cover discrimination against gays, lesbians and bisexuals in providing goods, facilities and services. The Consultation Paper indicated that the government was proposing only limited exemptions for religious organizations. It said that exemptions should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith. It would not exempt social services offered by religious organizations, commercial activities, or services offered under government contracts.

Yesterday, CNSNews.com reported that a coalition of religious groups has begun a vigorous campaign against the proposed regulations. The Lawyers' Christian Fellowship suggested some of the ways in which the proposed regulations would impact religious institutions. Schools run by the Church of England might be accused of bias in favor of heterosexual relationships in sex education classes. Christians who run bed-and-breakfasts would be forced to rent rooms to same-sex couples. Religious newspapers would not be able to turn down advertisements from homosexual pressure groups.

Texas Court Refuses To Decide Church Dispute Over Board Members

In Grenais v. Metropolitan Isaiah, (Tex. App., June 8, 2006), a Texas state appellate court has dismissed a suit asking the court to decide who are the rightful trustees (parish council) of the Annunciation Greek Orthodox Cathedral in Houston, Texas. A dispute between the originally elected parish council and Father Karambis, the pastor of the church, led him and Metropolitan Isaiah to demand resignations of the parish council and to the Metropolitan's removing those who refused to resign. The pastor and Metropolitan then appointed an interim council to run the Cathedral. The court held that the First Amendment precluded it from adjudicating the dispute. It said that the controversy inherently involves a presiding bishop's power to discipline a local parish council; to determine whether the council's members have violated their oath; and an archdiocese's right to insist on the by-laws may be adopted by its subordinate parishes.

Scientologists Challenge Nebraska's Infant Blood Test Law

The Associated Press reports on a lawsuit in federal district court in Lincoln, Nebraska. Ray and Louise Spiering have asked a judge to declare unconstitutional Nebraska's law that requires screening of newborns for various metabolic diseases within 48 hours of birth. Testing involves pricking an infant's heel to draw five drops of blood. However, the Spierings, who are Scientologists, believe that babies should have seven days of silence after birth, and that drawing blood draw before then could cause the child to later experience extreme physical and mental trauma. In 2004, U.S. District Judge Richard Kopf granted the Spierings a temporary restraining order allowing them to delay their infant's screening until after seven days. Now they are asking the court to rule that the absence of a religious exemption in Nebraska's law should lead to its being invalidated.

Religiously Diverse Coronation Suggested In England

Great Britain's Universe Newsroom reports that Lord Carey, the former Archbishop of Canteburry, has suggested that when Prince Charles eventually takes the throne, his coronation should be a multi-faith event. Lord Carey says that Britain is now much more religiously diverse than it was when Queen Elizabeth took the throne. However, Catholic MP Ann Widdecombe argues that the coronation should remain essentially an Anglican ritual since that is the established church of the country. Back in 1994 Prince Charles said he wished to be referred to as defender "of faith" rather than of "the faith".

Dutch Queen Criticized For Her Mosque Visit

On Wednesday, Expatica reported that a member of the Dutch Parliament has strongly criticized Queen Beatrix and Prime Minister Jan Peter Balkenende following the queen's recent visit to a mosque in The Hague. The mosque was celebrating its 50th birthday. At the mosque, the queen removed her shoes and refrained from shaking hands with Muslim men. Subsequently the Prime Minister praised the queen's actions as an example of tolerance in action. Independent Conservative MP Geert Wilders said that the queen and prime minister are far too tolerant. He said, "We must instead make the case for Dutch norms and values."

Catholic School Teacher Who Signed Pro-Choice Ad Loses 3rd Circuit Appeal

Yesterday, in Curay-Cramer v. Ursuline Academy of Wilmington Delaware, Inc., (3rd Cir., June 7, 2006), the U.S. Third Circuit Court of Appeals rejected employment discrimination claims by a female teacher who was fired from her position as a 7th/8th grade teacher at a Catholic school after she signed a pro-choice advertisement in a local newspaper. The court found that Curay-Cramer failed to state a claim under anti-retaliation provisions of Title VII because the ad she endorsed did not mention any practices by her employer that she was opposing. The court then went on to reject Curay-Cramer's claim that she was treated differently than male employees who spoke out on other issues in opposition to doctrines of the Catholic Church. The court said that it would pose substantial constitutional questions if it were to apply Title VII here because it would be required to decide if other issues were as important to the Church as its anti-abortion stance. In dismissing the claim, the court relied upon the U.S. Supreme Court's decision in NLRB v. Catholic Bishop of Chicago. Today's Delaware News Journal covers the decision. [Thanks to Anthony J. Picarello, Jr. via Religionlaw for the lead.]

Vatican Loses Sovereign Immunity Claim In Priest Abuse Case

Yesterday's Washington Post reports that a federal district court in Portland, Oregon has held that the victim of a priest's sexual abuse may continue with his claim against the Holy See, ruling against the Vatican's claim of sovereign immunity. The suit says that the Vatican conspired with the Archdiocese of Portland and the archbishop of Chicago to protect the Rev. Andrew Ronan by moving him from Ireland to Chicago to Portland despite a history of abuse. Federal District Judge Michael Mosman held that there was enough of a connection between the Vatican and the priest that he could be considered an employee of the Vatican under Oregon law. This then could bring the Vatican within an exception in the U.S. Foreign Sovereign Immunities Act that permits personal injury suits to be filed against a foreign government if the plaintiff's injury was caused by a tortious act or omission of an employee of the foreign government acting in the scope of employment (with certain exceptions).

UPDATE: The full opinion in John Doe v. The Holy See (D. Ore., June 7, 2006) is now available online courtesy of Mirror of Justice.

Secular Israelis Decry Religion In Israeli Schools

In Israel, secular Jews are strongly criticizing Orthodox rabbis who are convincing teenagers in high schools to become religiously observant. A column by Shahar Ilan in today's Haaretz strongly criticizes in-school and after-school activities, saying it is "an attempt to get [teenagers] when they are confused and unformed, and to incite them against their families."

Suit Challenges Virginia County's Sexual Orientation Protections

Yesterday Liberty Counsel announced that it had filed suit in an Arlington County, Virginia court to challenge an April 2006 determination by the Arlington County Human Rights Commission that a video company engaged in illegal discrimination under the county's Human Rights Code when the company refused to duplicate two videos promoting gay and lesbian rights for a customer. Tim Bono, owner of Bono Film and Video, Inc., had responded to an e-mail request from Lilli M. Vincenz that Bono Film does not duplicate material that is obscene, embarrassing to employees, damaging to the company’s reputation or that runs counter to the company’s Core Values and Christian and ethical values. The suit asserts that local anti-discrimination codes that include sexual orientation violate a judicial doctrine applied by Virginia courts known as Dillon's Rule. The suit claims that the doctrine should be read to prohibit enforcement of local anti-discrimination laws that go beyond statewide rules.

Michigan Capitol Display Will Include 10 Commandments

The Associated Press reports that Michigan's Capitol Committee, made up of four senators, four representatives and four members of Gov. Jennifer Granholm's administration, voted 11-1 yesterday to include the Ten Commandments in a display of historical documents inside the Michigan Capitol. Last week the House adopted H Res 268 encouraging the display. The "History of Our Laws and System of Government Display" is modeled after a display in a Kentucky courthouse that was upheld by the U.S. 6th Circuit Court of Appeals. However, leaders of the Capitol Committee may shorten the text of the display's historical documents that now run to 41 pages and include the Mayflower Compact, Orders of Connecticut, Iroquois League, Bill of Rights and 1819 Treaty of Saginaw. The final display will also be reviewed by the state attorney general's office for constitutional or legal problems. (See prior related postings 1, 2.)

LA Priest Abuse Records Sealed Pending Trial

Los Angeles County Superior Court Judge Haley J. Fromholtz yesterday ordered that personal records remain sealed in sexual abuse lawsuits pending against the Archdiocese of Los Angeles. Today's Washington Post reports that lawyers were ordered not to disclose general background information and medical and financial records of individual plaintiffs and defendants in the cases.

Greece Changes Approval Policy For Building Of Minority Houses Of Worship

In Greece, the head of the Jewish community praised Parliament's passage of a law that eliminates control by the Greek Orthodox Church over building of synagogues and houses of worship by other non-Orthodox groups, according to yesterday's European Jewish Press. Religious bodies must now submit applications to the Education and Religious Affairs Ministry. The head of Greece's Jewish community supported further amendments to Greek law: "Our next goal is to have the rabbis paid by the government like the clergy of the Christians and Muslims, for the sake of equality which is outlined in the Greek constitution." (See prior posting.)

Roy Moore Loses In Alabama Primary

In Alabama's primary yesterday, former state Chief Justice Roy Moore lost his bid to become the Republican nominee for governor, according to the Associated Press. Moore, famous for his attempts to keep a large Ten Commandments monument in the state's judicial building, lost to Republican Governor Bob Riley. Conceding defeat in the primary, Moore said "God's will has been done." Moore had been removed from his judicial position in 2003 when he refused to follow a federal court order to remove his 5,300 pound Decalogue monument from the building housing the state's supreme court.

Israel's Justice Minister Cracks Down On Rabbinic Judges

In Israel, Justice Minister Haim Ramon does not think that judges on the country's rabbinic courts are working hard enough. Yesterday's Jerusalem Post reports that he has sent a letter to all 85 serving Jewish religious court judges telling them that their illegally short working hours will no longer be permitted. He also told 15 judges who do not live in the cities in which their courts sit that by September they must move to the cities in which they serve. All of this is part of a campaign to improve the professionalism of the rabbinic courts that deal with family law matters, primarily divorces.

Louisiana House Panel Edits Ten Commandments

Louisiana's House Governmental Affairs Committee yesterday decided to edit the Ten Commandments, according to a report by The (Baton Rouge) Advocate. Senate Bill 476 permits the display in public buildings of the Ten Commandments along with other specified historical documents containing religious references. (See prior posting.) The Senate bill sets out the exact wording permitted, and the House Committee found itself debating whether the Catholic, Protestant or Jewish versions of the Decalogue should be used. In the end it compromised with a bit of tinkering. While it primarily used the Protestant King James version, it changed "Thou shall not kill" to "Thou shall not murder", which is the way Jewish translations generally render the commandment. It changed the King James spelling of "honour" to "honor" in reference to honoring one's father and mother. The panel then also debated whether to include"thou shalt not make unto the any graven idol", a phrase that does not appear in the Catholic version of the Commandments. The Committee sent its syncretistic version on to the full House.

Trinidad Follows Court Order, Replacing Trinity Cross

In response to a decision by its High Court last month, Trinidad and Tobago has decided to replace the Trinity Cross with another symbol as the country's top honor, according to yesterday's Antigua Sun. The Court found that the Trinity Cross was a Christian symbol that amounted to religious discrimination. The country's population is 22.5% Hindu and 5.8% Muslim. [corrected]

Funeral Picketers Sued By Family; Threaten Counter-Suit

Yesterday's Baltimore Sun reports that the members of the Kansas-based Westboro Baptist Church who have been picketing military funerals claiming that military deaths are God's retribution for sinful behavior are finally being sued by a family that has been the subject of the picketing. In Greenbelt, Maryland, the father of Marine Lance Cpl. Matthew A. Snyder, who died in a vehicle accident in Iraq, is suing Westboro Baptist Church in federal court, hoping that the suit will deter the group from further similar conduct. Three adults and four children marched on city property outside Cpl. Snyder's funeral in March with signs reading "Thank God for dead soldiers." The group also posted comments about Snyder and his family on its Web site, such as, "Albert and Julie ... taught Matthew to defy his creator, to divorce, and to commit adultery. They taught him how to support the largest pedophile machine in the history of the entire world, the Roman Catholic monstrosity." Attorney Shirley Phelps-Roper, whose father Fred Phelps helped establish Westboro Baptist, said that the church would countersue for conspiracy to violate and violation of the church's freedoms of speech and religion. (See prior related postings 1, 2, 3.)

New State Department Monitor for World Anti-Semitism

Eighteen months after Congress passed the Global Anti-Semitism Review Act , the State Department has finally appointed someone as Special Envoy for Monitoring and Combating Anti-Semitism around the world. Today's Cleveland Jewish News profiles the new appointee, Gregg Rickman. Here are Secretary of State Condoleezza Rice's remarks at Rickman's May 22 swearing-in.

Islamists May Bring Somalia Order Under Islamic Courts

In Somalia, an Islamist militia has taken control of the capital city of Mogadishu after months of fighting with an alliance of warlords. Now the city's eleven Sharia courts are attempting to restore order under Islamic law after 15 years of anarchy in the country. The Union of Islamic Courts was originally created by businessmen attempting to end the arbitrary rule of warlords. Some residents though are now concerned that the country and its schools could fall into the hands of religious fundamentalists. The militia may now head for Baidoa, 140 miles from Mogadishu, where there is an internationally recognized transitional government. Reports on the situation have been published by the AP, Gulf Times, and BBC News.

UPDATE: On June 7, the AP reported that the successful Islamic militia installed a new Islamic court in the town of Balad, about 20 miles from Mogadishu.

Pharmacist Loses Claim Against Wal-Mart

A Wisconsin federal district court ruled last week that there are limits to required accommodation of pharmacists' religious beliefs, according to LifeNews yesterday. Pharmacist Neil Noesen had sued Wal-Mart and a staffing agency that had placed him there for religious discrimination, alleging that he was fired last summer for refusing to fill prescriptions for drugs that he says can cause an abortion. However, Judge John Shabaz dismissed the suit, finding that Noesen had gone further, placing telephone callers seeking the drugs on hold indefinitely. He also refused to help customers coming into Wal-Mart seeking the drug find other pharmacists or pharmacies to fill their prescriptions. Noesen had previously been fired from K-Mart for refusing to fill similar prescriptions. Noesen's pharmacy license expired on Wednesday. The state board had ordered him to attend state ethics classes and pay back almost $21,000 in costs the state incurred to investigate him, as a condition for getting his license back. Noesen has not met these requirements.

Connecticut To Pay Fee For Church Convention In State

The United Church of Christ had been planning to hold its national convention in Connecticut at the new Convention Center in Hartford. However, according to yesterday's Hartford Courant, when a labor dispute at the Center led the union involved to call for a boycott, the Church withdrew. Now Connecticut Governor M. Jodi Rell has salvaged the convention for her state by agreeing to have the state pay a $100,000 fee for an alternative site-- the older Hartford Civic Center. Recently elsewhere when tax funds have been used to subsidize church conventions, critics have raised church-state separation questions. (See prior posting.) [Thanks to Donald C. Clark, Jr. via Religionlaw for the lead.]

Arkansas Governor Defends His Version of Prison InnerChange Program

According to the Associated Press yesterday, Arkansas Governor Mike Huckabee says that his state prison's InnerChange program is constitutional. He says that the Bible-based program in the Arkansas prison system is sufficiently different from Iowa's that the recent federal court decision striking down Iowa's faith-based program should not affect Arkansas. Huckabee says that the Arkansas program is totally funded by private contributions, is totally voluntary and does not require Christian conversion or belief to participate. It is designed to give inmates the skills they need to succeed in society. The only state funding involved is used to house and feed the participating inmates.

Recent Prisoner Decisions

In Wilson v. Tillman, (3d Cir., June 2, 2006), the U.S. Third Circuit Court of Appeals rejected a free exercise and equal protection claim by a prisoner in a group home pre-release program. Pennsylvania state prisoner John Wilson is a descendant of Ethiopian Jews. Adappt House insisted that he go on a required outing to a park with other residents on a Saturday instead of attending religious services. The court upheld the requirement as having a legitimate penological interest, and found that Wilson took advantage of an alternative-- praying alone before the trip began.

In Perez v. Frank, 2006 U.S. Dist. LEXIS 34990 (WD Wis., May 25, 2006), a Wisconsin federal district court permitted a Muslim prisoner to proceed with RLUIPA and free exercise clause claims (and for some complaints, establishment clause claims) growing out of prison authorities denying him adequate quantities of prayer oil, denying him the right to engage in study and group prayer, and denying him various religiously required foods. It refused to permit him to proceed with his claim that the prison denied him access to rest rooms for Wudu (ablutions) when the unit's day room was closed.

More On The Marriage Protection Amendment Debate

As the Senate today debates the Marriage Protection Amendment (see prior posting), with a vote possible tomorrow, proponents warn that without it religious organizations may end up being forced to provide benefits to same-sex couples even if doing so violates the organizations' religious beliefs. Others say that this fear is exaggerated. (Chicago Tribune story.) Meanwhile some others note that the date set for a Senate vote, June 6, 2006, has the ominous abbreviation "6 6 06". (The Conservative Voice.)

Marriage Protection Amendment Going To Senate; Any Establishment Clause Problem?

The U.S. Senate is set this week to begin consideration of S.J.Res. 1, the proposed Marriage Protection Amendment to the U.S. Constitution. It provides: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman." President Bush's Saturday Radio Address focused on his support for the Amendment. The Los Angeles Times says that no one expects the amendment to get the 67 votes it needs to pass the Senate.

For watchers of church-state issues, however, the mobilization of religious coalitions on both sides of the issue is interesting. The Chicago Tribune reports that the Religious Coalition for Marriage (Catholics, Evangelicals, Southern Baptists, and Orthodox Jews) favors the amendment while Clergy for Fairness (Episcopal Church, United Church of Christ, United Methodist Church, Reform Jews) is campaigning against it. This is not the only issue involving rights of gays and lesbians that has forced church groups to take competing political stands. In Washington state, the debate over forcing a referendum on the state's new civil rights act that protects gays and lesbians has also generated competing religious coalitions. (Tacoma News Tribune, June 4.)

In 1971 in Lemon v. Kurtzman, Chief Justice Burger wrote: "Ordinarily political debate and division, however vigorous or even partisan, are normal and healthy manifestations of our democratic system of government, but political division along religious lines was one of the principal evils against which the First Amendment was intended to protect." Does that mean that there is a special Establishment Clause problem with the current debates over gay rights?

Gideons Hand Out Bibles In Colorado Schools

Yesterday's Vail (Colorado) Daily reports that for the second year in Summit County, Colorado, the Gideons were permitted to distribute Bibles inside school buildings. Superintendent Millie Hamner said attorneys advised that if the Gideons were excluded, other outside groups such as Rotarians who hand out dictionaries and college recruiters who distribute college information would need to be excluded as well. Before this, Gideons had been restricted to the streets outside the schools.

Alabama Democratic Court Candidate Looks For Religious Voters

The Columbus (Georgia) Ledger-Enquirer today reports that Al Johnson, the Democratic candidate for the Alabama Supreme Court, is trying to capture conservative religious votes from the Republicans. Johnson's supporters display bumper stickers reading: "I am a Christian; I own a gun; I am a Democrat; Johnson for Justice." And when asked about his views, Johnson says, "I am as conservative as the Holy Scriptures; and I am as liberal as the love of Jesus. The problem in Alabama right now is most of our elected officials live by the first part of that and forget the second part."

Israeli Court Blocks Rabbi's Ruling On Cursing Parrot

In Israel this week, according to YNet News, a civil court in Tel Aviv has issued an order temporarily preventing the owner of a parrot from carrying out a rabbi's ruling that the bird, which screeches curses and unbecoming phrases, be put to death or at least have its tongue cut out. The court issued the restraining order at the request of the Let Animals Live Foundation. Later this week the court will make a final determination on the bird's fate.

Texas Republican Convention Includes Religious Themes

From Tuesday to Saturday of this past week, the Republican Party of Texas held its 2006 Convention. Today's Dallas Morning News reports on the heavy religious influence that pervaded the Convention. One of the scheduled functions on Saturday was a Prayer Rally at which party leader Tina Benkiser assured the delegates that God is chairman of the Party and was watching over the Convention. The Party Platform adopted on Saturday included language declaring that "America is a Christian nation" and that "God is undeniable in our history and is vital to our freedom." It continued, "We pledge to exert our influence toward a return to the original intent of the First Amendment and dispel the myth of the separation of church and state."

Recent Law Review Articles

From SmartCILP:

Donald L. Drakeman, Reynolds v. United States: The Historical Construction of Constitutional Reality, 21 Constitutional Commentary 697-726 (2004).

Stephanie L. Shemin, The Potential Constitutionality of Intelligent Design? 13 George Mason Law Review 621-695 (2005)

Selected Papers from the Terrence J. Murphy Institute Conference: Sacrifice and the Common Good in the Catholic Tradition. 3 University of St. Thomas Law Journal 1-138 (2005).

NCAA Accuses Some Religious Schools Of Being Diploma Mills

According to an Associated Press report on Friday, the NCAA has discovered that some non-traditional, religiously-affiliated high schools are operating as diploma mills, with some engaging in outright fraud in the student credentials they certify. Next week the NCAA will release the name of schools from which it will no longer accept transcripts. A lawyer representing some of the parochial schools was quoted as saying that the NCAA's intrusion into their affairs would be an unconstitutional violation of church-state separation. This will likely be a difficult argument to maintain in light of the 1988 U.S. Supreme Court decision in NCAA v. Tarkanian which held that the NCAA was not involved in state action in recommending to a state University that it suspend its basketball coach for violating NCAA rules.

Mt. Soledad Appeal Filed At Last Minute

The San Jose Mercury News today reported that just hours before the deadline that had been imposed by a trial court for removal of the Mt. Soledad Cross, the city of San Diego formally asked the 9th Circuit Court of Appeals for a stay of the order. (See prior posting.) City Attorney Mike Aguirre said he did not expect the appeal to succeed, but that he had a duty to try in order to respect the will of the voters who have approved measures designed to preserve the Cross. San Diego Mayor Jerry Sanders said that if the stay is not granted, the city will obey the judge’s ruling and avoid paying the $5000 per day fine that will otherwise be incurred.

InnerChange Prison Program Held Unconstitutional

In a decision that could have broad implications for the Bush administration’s Faith Based Initiative, an Iowa federal district court yesterday held that a state-financed prison treatment program affiliated with Charles Colson’s Prison Fellowship Ministries is "pervasively sectarian" and violates the First Amendment’s Establishment Clause. (See prior posting.) Yesterday’s New York Times and today’s Washington Post report on the 140-page decision in Americans United for Separation of Church and State v. Prison Fellowship Ministries, (SD Iowa, June 2, 2006), which requires InnerChange to return $1.5 million in funding that it has received from the state of Iowa.

The court explained at length the evangelical Christian theology of InnerChange, and how it differs from the beliefs of a number of other Christian groups. It also explained the "transformational model" used by InnerChange in its program—one that instead of attempting to teach inmates to manage their behavior, attempts to "cure" prisoners by identifying sin as the root of their problems and changing their relationship with God. The court found that while the primary purpose of state officials in bringing the InnerChange program to Iowa was to reduce recidivism, funding of the program has the primary effect of advancing religion because state funds are being directed to a pervasively religious program. It concluded that it could not separate out the secular parts of InnerChange’s program for funding because the transformational model used makes it impossible to distinguish sectarian from religious aspects of rehabilitation. The court also found that participation by inmates in InnerChange was not the result of true private choice between alternative programs. There are a number of incentives for inmates to choose InnerChange, and there are no similar alternative secular programs for inmates to choose. Thus the state is unconstitutionally entangled with religion in the program.

Mark Early, president of Prison Fellowship Ministries, said the decision is so broad that it appears to ban a prison program like InnerChange even if it is privately funded. InnerChange plans to file an appeal. [Thanks to Douglas Laycock via Religionlaw for the lead, and to How Appealing for the link to the opinion.]

Report On Religious Right's Political Power In Texas

The Texas Freedom Network Education Fund has released a 52 page report titled "The Anatomy of Power—Texas and the Religious Right in 2006". The Report’s Executive Summary identifies four main conclusions: (1) The religious right controls the leadership of the Republican Party of Texas; (2) San Antonio businessman James Leininger is working to purge from office those Republicans who do not support the agenda of the religious right; (3) Conservative evangelical pastors are using their church positions to advance the religious right’s agenda through the Texas Restoration Project; and (4) David Barton, vice chair of the state has become a key recruiter of conservative evangelicals, telling them that the separation of church and state is a doctrine inconsistent with the Founders’ intent created by activist judges. [Thanks to The Wall of Separation blog for the lead.]

Muslim Prisoners' Free Exercise Challenge To Double-Celling Rejected

Jones v. Goord, 2006 U.S. Dist. LEXIS 34835 (SDNY, May 26, 2006), involved a challenge to New York state’s administration of a policy for double-celling its maximum security prisons. In the case, a New York federal district court rejected the First Amendment claims made on behalf of Muslim prisoners that double-celling gives them insufficient room to pray, that a cellmate may render a cell unclean and therefore unfit for prayer, that the morning call to prayer could disturb a sleeping cellmate, that several prayers must be made in solitude, and that certain rituals require privacy which is not available in a double cell. The court also refused to permit plaintiffs to amend their complaint to assert a RLUIPA claim, finding that any such claim had been waived.

Profile Of U.S. Special Counsel For Religious Discrimination

Last Wednesday, NPR’s All Things Considered carried a 4+ minute profile of Eric Treene, the Justice Department’s Special Counsel for Religious Discrimination. Some observers are critical of him arguing that he is promoting religion in the public sphere. Audio of the coverage is available online. [Thanks to Blog From the Capital for the lead.]

Baptist Church's Zoning Claim Dismissed In Part By 11th Circuit

In Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, (11th Cir., June 1, 2006), the U.S. 11th Circuit Court of Appeals affirmed a Florida district court's decision dismissing the RLUIPA claim brought by an Hispanic Baptist congregation. The church was challenging Broward County's refusal to grant it a zoning variance to permit it to use property for a church building. However, the Court of Appeals reversed the district court's dismissal of the congregation's Section 1983 claim. In that part of its lawsuit, the church had alleged that the county had violated its equal protection, due process and free exercise rights in denying it the zoning variance.

Kentucky Graduation Prayer Decision Now Available On LEXIS

A previous posting discussed the issuance of a temporary restraining order prohibiting organized prayer at the recent Russell (Kentucky) High School graduation ceremony. The text of the court’s opinion in the case is now available on LEXIS, Doe v. Gossage, 2006 U.S. Dist. LEXIS 34613 (WD Ky., May 24, 2006). (Also see related posting.)

Reform and Conservative Petition Israel High Court On Mikvahs On Eve Of Shavuot

Tonight begins the Jewish holiday of Shavuot. The holiday is both an agricultural festival and one that commemorates the giving of the 10 Commandments to Moses at Mt. Sinai. Part of the synagogue ritual on the holiday is the reading of the Biblical book of Ruth. The book is the story of a Moabite woman who converts to Judaism. Today on the eve of the holiday, YNet News reports on a dispute in Israel that relates to religious conversion. The Masorti (Conservative) Movement and the Movement for Progressive Judaism (Reform) have petitioned the High Court of Justice claiming that the National Authority of Religious Affairs has discriminated against them by denying them use of Mikvahs (ritual baths), that are used in the conversion process (as well as by religious Jews at other times). The organizations say that when Conservative and Reform rabbis arrive at public mikvahs of local religious councils-- which are financed by a public budget-- they are repeatedly denied entry by mikvah employees.

The dispute is part of the larger battle by the Reform and Conservative movements to obtain recognition of conversions performed by their rabbis. The Orthodox rabbinate in Israel has adamantly refused to recognize the legitimacy of conversions performed by non-Orthodox rabbis. The bitterness of the dispute is illustrated by the response of the minister in charge of religious councils, MK Yitzhak Cohen (Shas) to the High Court petition: "Conversions of Reform and Conservative organizations are virtual conversions, and they deserve to immerse in a virtual immersion. This is a vexing petition. The only immersion the Reform are aware of is Baptism. So they can continue to walk on water and leave the people of Israel alone."

Montana School District Sued Over Building Sale To Catholic School

In Missoula, Montana yesterday, the organization Good Schools Missoula announced that it had filed suit against the Missoula County Public Schools (MCPS) to challenge the lease and subsequent sale of the former Roosevelt Elementary School to the Loyola Sacred Heart High School Foundation for it to use as a Catholic school. The Missoulian today reported that the suit named MCPS, the foundation, and five individual MCPS trustees as defendants. The complaint alleges that the arrangements violated Art. X, Sec. 6 of the Montana Constitution that prohibits the state from directly or indirectly appropriating funds or making a grant of property to aid any sectarian institution. The suit claims that MCPS set the original lease rate to Loyola Sacred Heart Foundation at a quarter of fair market value, that it allowed the Foundation to extend its five-year lease while considering the sale, that MCPS rushed the sale process in a way that discouraged other bids, that the bid that was accepted was lower than another bid that had been submitted, and that the board had not properly accounted for the funds received in the sale.

9th Circuit Denies Prisoner Claim Regarding Halal Meat

Last week in Watkins v. Shabazz, (9th Cir., May 22, 2006), the U.S. 9th Circuit Court of Appeals affirmed the district court and denied a prisoner's claims under the 1st and 14th Amendments and RLUIPA that his ability to practice his Muslim religion was being infringed. The prisoner, who requested Halal meat, was given a choice by the prison to eat the nutritionally equivalent meat substitute provided by the prison, or to find an outside religious organization to contract with the prison to provide Halal meat. The court agreed with the findings below that these alternatives did not substantially burden the prisoner's practice of his religion andthat he was not discriminated against on the basis of his Muslim faith.

Group Plans 10 Commandments Across From Supreme Court

Today's Washington Post reports that the Christian evangelical group Faith and Action is taking strategic advantage of the fact that its offices are housed right across the street from the U.S. Supreme Court. It plans on Saturday to unveil an 850 pound granite sculpture of the Ten Commandments on its front lawn where it will be visible each day to the Justices as they come and go from the Supreme Court employee parking lot. However Erik Linden, a spokesman for the District of Columbia Department of Transportation, said the group needs a public space permit from his Department before displaying the monument as well as approval from the Historic Preservation Review Board because the townhouse in which the group's offices are located sits in a historic district. Bill Sisolak, chairman of the Historic Preservation Review Board zoning committee said: "It's a large object not in keeping with the historic nature of the neighborhood.... [I]n my opinion it doesn't appear to be in compliance." Faith and Action says it has tried unsuccessfully for five years to get the required permits, and now plans to move ahead without them based on "common law that governs garden displays."

New Repression Of Bahais In Iran Reported

The New York Times reports today that the government of Iran has recently intensified its campaign against the Bahai religious minority in the country. On May 19, authorities in Shiraz arrested and held without charges for six days some 54 Bahais who were involved in a community service project, many of them in their teens and early 20's. More than 70 others have been arrested in the last 18 months. Although the Bahais are the largest religious minority in Iran, they are considered "unprotected infidels". Unlike Jews and Christians, they do not have seats in Iran's Parliament set apart for them. Since December, the government newspaper in Tehran has published more than 30 anti-Bahai articles --even accusing Bahais of sacrificing Muslim children on holy days. (See related prior posting.)

Ohio Supreme Court Refuses To Extend Limitation Period For Clergy Sexual Abuse

Yesterday, the Ohio Supreme Court held in a 5-2 decision that a clergy sexual abuse suit against the Catholic Archdiocese of Cincinnati was barred by the statute of limitations. In Doe v. Archdiocese of Cincinnati, (Ohio Sup. Ct., May 31, 2006), the court held that a minor who is the victim of sexual abuse has two years from the time that he or she reaches majority to assert claims against the employer of the perpetrator of sexual abuse. So long as the victim, at the time of the abuse, knew the identity of the perpetrator, the priest's employer, and that a battery has occurred, the statutory period for filing suit is not extended. The fact that the plaintiff did not discover until recently that the Archdiocese may have had knowledge of the abuse does not operate to extend the statute. The court said that it is up to the legislature to create changes in the statute of limitations for clergy sexual abuse. The Court issued a release summarizing the decision. Yesterday's Washington Post, reporting on the decision, points out that new Ohio legislation (SB 17) extends the time limit for future victims to 12 years after reaching adulthood.

Disagreement On Need For Permits For Public Preaching In Russia

Forum18 reported yesterday that there is growing disagreement among local officials in Russia on whether, despite the Constitution's protection (Art. 28) of the free dissemination of religious beliefs, the government may require religious groups to obtain permits to preach in public locations such as markets and streets. Most affected so far has been the Council of Churches Baptists whose members refuse on principle to register with the state authorities.