Amish Farmer Challenges Ohio's Milk Regulations

In New Hope, Ohio, an Amish farmer is mounting a religiously-based court challenge to Ohio's prohibition on the sale of unpasteurized milk (ORC 917.04). Yesterday's Akron Beacon-Journal reports that the challenge comes after Arlie Stutzman had his license to sell milk suspended for two months for selling unlabelled milk to a state Department of Agriculture undercover agent. Even though his license was returned, regulators have asked a Holmes county common pleas court judge to formally order Stutzman to comply with dairy laws. Stutzman argues that his religious beliefs call for him to share his milk with others. Stutzman believes he was targeted because he is part of an arrangement that skirts the prohibitions on selling unpasteurized milk. His cows are partly "owned" by a group of 150 families in a "herd share" agreement under which all of the owners, for a fee, are entitled to a portion of the milk.

Jehovah's Witnesses Complain About Solicitation Restrictions

In Raynham, Massachusetts, Jehovah's Witnesses are complaining about a requirement that anyone planning to engage in door-to-door solicitation or sales notify the police in advance. Their concerns were publicized in yesterday's Taunton (MA) Gazette. Last month, in a letter to the Board of Selectmen, Paul Polidoro, associate counsel for the Watchtower Bible and Tract Society, argued that applying the notification rule to those engaged in religious activities is unconstitutional. In 2002, the U.S. Supreme Court invalidated a similar policy imposed by an Ohio town. Raynham Police Chief Louis J. Pacheco said that the policy keeps the police from bothering ministers because it allows officials to reassure homeowners who call to complain about strangers wandering in their neighborhood.

Malaysia Court May Rule On Jurisdiction Over Converts

In Malaysia, the Federal Court is expected to rule in the next few days on whether Islamic courts have sole jurisdiction over Muslims who claim to have converted from Islam to another religion, according to yesterday's Boston Globe. In recent months, there have been a number of civil suits in Malaysian courts by converts who are seeking to register their new religious affiliation. Fundamentalists are pressing to make apostasy a capital offense in the country, though it is unlikely that they will succeed. However, on the website of the Prime Minister's Department for Religious Affairs, a Malay-language Frequently Asked Questions section says that apostates should be isolated and counseled, and if they fail to repent they should be jailed. It continues: "If the person remains an apostate, it is left to the respective authorities to impose the fitting sentence that is death."

Settlement-- Maybe-- In Chabad vs. Hollywood, Florida

There always seems to be another shoe to drop in the discrimination lawsuit against Hollywood, Florida brought by a Chabad Congregation and the U.S. Department of Justice after the city removed a special zoning exception that had been granted for operating a synagogue. (See prior postings 1, 2, 3, 4. ) The South Florida Sun-Sentinel and the Miami Herald today reported on the most recent developments.

With a trial date set for today, last Friday Hollywood city commissioners voted to offer to settle the case by allowing the synagogue to stay in its current location for a year while the city rewrote its zoning laws which Judge Joan Lenard had said were unconstitutionally vague. However, Chabad rejected that offer late Friday, and that led to a flurry of negotiations over the weekend. In court this morning, the parties announced a new settlement-- one much more favorable to Chabad. In exchange for Chabad and the Justice Department dropping their suit, Chabad will be awarded $2 million and permitted to operate permanently from inside the two homes in a residential neighborhood that it is now using for a synagogue. It will also be permitted to expand within a city block without ever having to seek a special permit. The city will rewrite its provisions on special zoning permits. City officials -including commissioners- will have to attend special classes on religious land use laws. And the city will agree not to "harass" Chabad in the future.

Judge Lenard received the news of the settlement somewhat grudgingly, since the pool of potential jurors were already at the courthouse. This new settlement has to be voted on by city commissioners on Wednesday. Attorneys representing the city and the city's insurance company called commissioners individually this weekend and got at least four "approvals" for the new agreement, but Mayor Mara Guilianti and others said they were stunned by the new agreement. If commissioners do not approve the settlement on Wednesday, trial of the case will begin on July 6.

UPDATE: It was reported by the Miami Herald on June 29 that with city commissioners poised to reject the settlement wiht Chabad, for the first time city and synagoge officials will meet face-to-face to attempt to negotiate a settlement. The meeting, scheduled for Thursday at 1:00 will include Justice Department attorneys who are flying in to help with the negotiations.

U.S. House Members Debate Concerns Over Palestinian Christian Community

In Washington, members of Congress are expressing concern over the dwindling size of the Palestinian Christian community in the West Bank. However they sharply disagree over whether the cause of the problem is Israel or the Palestinian Authority. This past week's Forward reports that last month House International Relations Committee Chairman Rep. Henry Hyde (R-IL) sent a letter to President Bush, warning that "Israeli actions [in the West Bank] seem to go beyond the realm of legitimate security concerns and have negative consequences on communities and lands under their occupation." A few days later two members Hyde's committee, Rep. Michael McCaul, (R-TX) and Rep. Joseph Crowley (D-NY), circulated to their colleagues a resolution blaming the P.A. for the problem. So far they have obtained 20 co-sponsors. The Resolution asks the President and Secretary of State "to address the condition of minorities under Palestinian Authority rule in order to save from destruction the oldest Christian community in the world." It also urges the State Department to "investigate and report on the extent of human rights violations by the Palestinian Authority" against Palestinian Christians.

Court Orders US To Act On Muslim Scholar's Visa Application

A federal district judge in New York has given the federal government ninety days to act on the visa application of Tariq Ramadan, a prominent Islamic scholar who had been appointed to a faculty position at Notre Dame University. In 2004, just as he was ready to move to the U.S., his visa was revoked without explanation. Notre Dame then reapplied for a visa for him, but the government did not act on the application. This forced Ramadan, a Swiss citizen who is one of the most prominent European thinkers about Islam, to resign his Notre Dame position.

Instead of deciding the First and Fifth Amendment issues raised in the complaint, the court in American Academy of Religion v. Chertoff, (SDNY, June 23, 2006) held that the government has failed to adjudicate Ramadan's via application within a reasonable period of time as required by the Administrative Procedure Act (5 USC 555(b)). The decision is covered by today's Inside Higher Ed.

French Stores Battle Over Sunday Closing Restrictions

The Washington Post yesterday reported on the challenges by French retail stores to regulations prohibiting many places of business from being open on Sundays. Complex regulations permit stores to open on Sundays only if they are in a tourist area and have a cultural, recreational or sports dimension. So far, courts have upheld the regulations. On June 14, an appellate court ordered Usines Center mall outside Paris to close on Sundays. The mall with 140 shops and 600 employees has been operating illegally on Sundays for 20 years. Officials "know the law is old and stupid, and at the same time they don't want to change it, because of Catholic tradition and social issues," said Jean-Patrick Grumberg, president of the mall's association of shop owners.

Supporter Of Islamic State Installed In Somalia

The New York Times reports this morning that in Somalia, Sheik Hassan Dahir Aweys has been appointed the leader of the 88-member Council of the Islamic Courts, the newly formed governing body formed after Islamists ousted governing warlords earlier this month. (See prior posting.) Aweys has been a supporter of making Somalia an Islamic state. In the past he has told followers that God would forgive them for spilling the blood of foreign peacekeepers in the country. He has also said Somalis who hand over their countrymen to American for cash are guilty of "selling us to the Jews."

Bolivian President Withdraws Proposal To End Religion Classes In Schools

The Washington Post reported yesterday that in Bolivia, President Evo Morales has withdrawn a proposal to replace religious education with ethics classes in the country's school curriculum. The change had been opposed by the country's powerful Catholic Church. Bolivia is in the process of rewriting its constitution. With an 80% Catholic population, Bolivia's current Constitution (Art. 3) recognizes Catholicism as the official religion. The Church however is willing to accept a change to eliminate that formal status. (See prior posting.) It is more concerned that society in general not become less religious.

City-Owned Theater Refuses Film Offensive To Church

In Maumee, Ohio, the city-owned Maumee Indoor Theater has turned down the makers of "Twist of Faith" who wanted to engage the venue to show their Oscar-nominated documentary about a firefighter who confronts the trauma of boyhood sexual abuse by a Catholic priest. Toledo Blade columnist Russ Lemon today says that the promoters were willing to guarantee the city that it would not lose money on a week-long showing of the film, but Maumee-- just named an "All-American City"-- did not want to offend the Catholic Church.

Justice Alito Gets St. Thomas More Award

U.S. Supreme Court Justice Samuel Alito, Jr. was honored yesterday by members of the St. Thomas More Society in his home town of Trenton, New Jersey for his contributions to "family, church and society". The Times of Trenton reports that Alito received the diocese's St. Thomas More Award after attending the fourth annual Red Mass, a tradition that originated in the Middle Ages. In his remarks, Justice Alito said that St. Thomas More, who was executed for opposing King Henry VIII's claim to be head of the Church of England, would be disappointed that today in parts of the world people are still killed for converting to Christianity. He added that More might be proud of religious freedoms in the U.S., but would be disappointed by pop culture.

Pennsylvania Home Schooling Case Appealed

The Altoona (Pennsylvania) Mirror reports today that an appeal has been filed with the U.S. 3rd Circuit Court of Appeals in Combs v. Homer Center School District. (See prior posting.) In the case, the district court rejected free exercise challenges to Pennsylvania's home schooling regulations. Parents say that it is "sinful" for them to provide state authorities with a portfolio of their children’s work and a log of their educational goals. The Home School Legal Defense Association is coordinating the legal challenge.

Nursing Student Fails To Prove Free Exercise Claim

In Olojo v. Kennedy King College, 2006 U.S. Dist. LEXIS 42109 (ND Ill., June 7, 2006), a nursing student at a state community college filed a series of claims against her teacher and the school, one alleging a violation of the free exercise clause. Badejoko Olojo claimed that her professor, Kina Montgomery told her "not to ever mention the name of Jesus anytime she is engaged in a conversation with her." Also, upon learning of Olojo's pregnancy, Montgomery asked Olojo whether she would like to use contraceptives to terminate the pregnancy. Olojo explained that her religious beliefs prevented her from doing so. The court concluded that Olojo made no allegations that Prof. Montgomery inhibited her ability to practice her religion in any way. The court found Olojo's other statutory civil rights claims so frivolous that it imposed Rule 11 sanctions on the attorney involved.

Recent Books and Law Review Articles

New Books:
James Lowell Underwood & W. Lewis Burke (eds.) , The Dawn of Religious Freedom In South Carolina (Univ. of South Carolina Press, March 2006).

Matthew Levitt, Hamas: Politics, Charity and Terrorism in the Service of Jihad (Yale University Press), reviewed in today's New York Times.

From SSRN:
Clark B. Lombardi & Nathan J. Brown, Do Constitutions Requiring Adherence to Sharia Threaten Human Rights?: How Egypt's Constitutional Court Reconciles Islamic Law with the Liberal Rule of Law , 21 American Univ. International Law Review 379-435 (2006).

From SmartCILP:
Symposium on Law & Politics as Vocation, 20 Notre Dame Journal of Law, Ethics & Public Policy 1-512 (2006).

Court Rejects Free Exercise Claims In Divorce Case

In MacFarlane v. MacFarlane, (Oh. Ct. App., Cuyahoga County, June 22, 2006), an Ohio appellate court rejected a wife’s attempt to move jurisdiction over the divorce and custody case filed by her husband to the Diocesan Tribunal of the Cleveland Catholic Diocese. Among the grounds for denying her request was that child custody disputes are not subject to arbitration and that she had waived any right to arbitration when she filed her own complaint for legal separation with the court.

The court also rejected the wife’s claim that her free exercise rights had been infringed when the court gave custody of the couple’s children to their father. The mother claims that this prevents her from home schooling the children and therefore is unable to raise them in the Catholic faith. The court found that the trial court had not been motivated by a preference for a particular religious belief, or by any antagonism to the Catholic faith, but instead acted to protect the best interests of the children. Moreover, nothing prevents the mother from attending religious services with the children or enforcing religious beliefs with them in the home.

Police Can Help Church Eject Trespassing Worshipper

In Ferreira v. Harris, 2006 U.S. Dist. LEXIS 41734 (ND Okl., June 20, 2006), plaintiff was a dissident member of a Woodland View Jehovah’s Witness Congregation in Tulsa, Oklahoma. After Ferreira claimed that God has selected him as an "other sheep", the church informed Ferreira that he had been disfellowshipped. When Ferreira continued to attend services anyway, first the church asked him to sit in the back of the congregation, and later it asked him to leave. When he refused, the Congregation called Tulsa police who arrested him for trespassing. Ferreira then filed suit in federal court claiming that the city and church officials violated his state and federal constitutional rights. He also claimed that the Oklahoma trespassing laws are unconstitutionally vague and that the city of Tulsa, in violation of the Establishment Clause, had used funds to support a religious group.

The court held that the church autonomy doctrine precludes it from reviewing the church’s decision to shun, and then exclude, Ferreira, since the decision was based on the church’s interpretation of religious doctrines. It went on to hold that governmental enforcement of trespassing statutes did not violate Ferreira’s free exercise rights. The statute is a neutral law of general applicability that protects worshippers from disturbance of the peace and poses only an incidental burden on Ferreira’s exercise of religion.

The court also rejected Ferreira’s Establishment Clause claim—that the city had spent over $19,150 to keep him imprisoned for attempting to attend church services. The trespass laws were not enforced in a manner that favored any particular religion. Finally, the court also rejected Ferreira’s vagueness claims as well as his civil rights conspiracy claims under 42 USC Section 1985.

European Court Blocks Deportation To Iran For Flogging

On Thursday, the European Court of Human Rights handed down a decision in the case of D. and Others v. Turkey , holding that that there would be a breach of Article 3 of the European Convention on Human Rights (the prohibition of inhuman or degrading treatment or punishment) if Turkey's decision to deport an Sunni woman to Iran is enforced. (Press release by Council of Europe.) A.D., a Sunni Muslim woman married P.S., a Shia man, in a Sunni ceremony in Iran. Two days after the wedding the couple were arrested at the behest of Shia religious authorities. Three weeks later an Islamic court judge declared the marriage void and fined the couple. Subsequently they were informed that they had each been sentenced to 100 lashes for fornication, though the imposition of the sentence on the wife was postponed. The couple then fled to Turkey where they were denied permanent asylum. They sued when the Turkish government told them they risked deportation back to Iran.

Court Rejects Free Exercise Challenge To Migratory Bird and Eagle Protection Laws

In United States v. Winddancer, 2006 U.S. Dist. LEXIS 41574 (MD Tenn., June 19, 2006), a Tennessee federal district court rejected claims of Ed Winddancer that his free exercise rights, as protected by the Religious Freedom Restoration Act (RFRA), are infringed by enforcing against him the provisions of the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA). Winddancer, who did not belong to federally recognized tribe, had been indicted for violating restrictions on possessing and bartering eagle and certain other bird feathers. As to the MBTA Winddancer only had standing to mount a “facial” challenge, since he could have applied for a permit and did not. The court held that he had not even alleged that there were not constitutional applications of the MBTA.

As to the BGEPA, the court held that the government has shown that its regulations further the compelling interests of preserving bald and golden eagles, and preserving recognized federal Indian tribes. It also found that the government had used the least restrictive means to do so. To expand access, as Winddancer advocated, to any sincere adherent of a Native American religion, even if the person was not a member of a recognized tribe, would create serious Establishment Clause problems.

Recent Prisoner Free Exercise Cases

Here is a new group of prisoner free exercise cases:

In Shilling v. Crawford, 2006 U.S. Dist. LEXIS 40845 (D. Nev., June 13, 2006), a Nevada federal district court permitted a Washington state prisoner who had been incarcerated for 18 months in Nevada to proceed against some of his named defendants in his claim that his free exercise and equal protection rights were infringed when he was denied kosher food. He alleged that the prison denied kosher food and other Judaic services to prisoners who were not born Jewish, while the prison accommodated religious dietary needs of other religious groups.

In Pinkston-El v. Snyder, 2006 U.S. Dist. LEXIS 41183 (SD Ill., March 28, 2006), an Illinois federal Magistrate Judge recommended that the First Amendment and Equal Protection claims of a prisoner challenging the Illinois Department of Corrections grooming policy be dismissed. Plaintiff, a member of the Moorish Science Temple wished to wear his hair in dreadlocks. Prison officials pointed to the problem that this posed in searching for possible contraband.

In Shawn K. Odneal TDCJ-CID #917382 v. Dretke, 2006 U.S. Dist. LEXIS 41536 (SD Tex., June 21, 2006), a Texas federal Magistrate Judge dismissed Free Exercise, RLUIPA and Equal Protection claims of a prisoner who claimed he was denied the opportunity to attend Native American religious ceremonies regularly because prison authorities failed to have enough chaplains and also refused, alternatively, to let him conduct the ceremonies himself with prison personnel present.

In Simon v. Miami County Incarceration Facility, 2006 U.S. Dist. LEXIS 41889 (SD Ohio, March 8, 2006), an Ohio federal Magistrate Judge held that a prisoner’s claims that equal religious services were not provided to various faiths should be dismissed for lack of evidence.

California City Heading Off 2006 "Christmas Wars"

Thursday's San Diego Union Tribune reports that attempts to head off "Christmas wars" in 2006 are already underway. In Chula Vista, California last week, City Council approved a new policy for the city's Holiday Festival: "The City recognizes that many of the traditions of the holiday season have religious underpinnings, and although the Holiday Festival is secular, no person or group will be denied the opportunity to participate in the Festival based on the religious message conveyed by their performance." Sign-ups will be open first to instructors who teach city Recreation Department classes, local schools and student groups.

Last year, with no policy in place, a city employee had barred The Jesus Christ Dancers-- a group of 8-to 12-year-old girls who perform to Christian-themed music-- from performing at the Festival. The American Family Association had sued the city over the incident in a case that is still pending in federal court. The new policy does not apply to activities outside of the Recreation Department-sponsored Festival, such as the mayor's Christmas tree lighting ceremony and the Downtown Business Association's Yule parade.

Valedictorian Will Sue Nevada School Officials

On Thursday, the Rutherford Institute announced that it has agreed to represent Brittany McComb, the Las Vegas, Nevada high school valedictorian whose microphone was unplugged by school officials when she began to speak about her Christian beliefs during her graduation speech. (See prior posting.) Attorneys plan to file suit in federal court claiming that McComb's free speech rights were violated and that she was denied equal protection of the laws.

Meanwhile, another incident reported in the Colorado Springs, Colorado Gazette earlier this month suggests that students are beginning to plan to mislead school officials about what they will say at graduation. High schooler Erica Corder departed from the draft of her graduation speech that she had submitted to the principal in order to sound a religious theme that she feared would otherwise have been banned. At the Colorado Springs High School ceremony, 15 students co-wrote a speech and each delivered 30-seconds of it. Erica Corder's surprise 30 seconds included the following: "We are all capable of standing firm and expressing our own beliefs, which is why I need to tell you about someone who loves you more than you could ever imagine. He died for you on a cross over 2,000 years ago, yet was resurrected and is living today in Heaven. His name is Jesus Christ. If you don't already know Him personally, I encourage you to find out more about the sacrifice He made for you, so that you now have the opportunity to live in eternity with Him." The school's principal has told Corder to send an e-mail to parents to explain herself and acknowledge the school was not involved.

Christian-Themed Film Gets "PG" Rating; Controversy Erupts

Jews On First this week has posted an interesting group of articles about the action of the Motion Picture Association of America in giving a "PG" rating to a new movie, Facing the Giants, which the MPAA says has some thematic elements that parents might want to know about in deciding whether their children should see the film. The film has a strong Christian theme, and initial reports said that the MPAA was focusing on Christian proselytization in the film. (Scripps-Howard, June 6.) A June 8 Action Alert sent out by the American Family Association said:

The Motion Picture Association of America (MPAA) is now warning parents of movies which contain a reference to the Christian faith, equating Christianity as being on the same level of sex, violence and profanity when it comes to objectionable material.

The MPAA is controlled by Hollywood moguls known for their bitter opposition to Christianity.

A new family film featuring miracles and a pro-God theme has earned the PG rating because it would offend non-believers. The MPAA refuses to give movies which promote the homosexual lifestyle a similar warning. In other words, MPAA warns parents if a movie has Christianity presented in a positive manner but refuses to warn them if homosexuality is presented in a positive manner.

Facing the Giants is the story of a Christian high school football coach who uses his undying faith to battle the giants of fear and failure. Due to the Christian content, the MPAA rated it PG, placing it in the same offensive category as sex, violence and profanity.

However, yesterday CTV.ca reported that after receiving 15,000 e-mails, MPAA said that the main reason for the PG rating was mature themes in the film, and its religious message is not the primary issue.

New York Challenges "Christian Skate Time" As Discriminatory

The Traditional Values Coalition this week sent a letter to New York Governor George Pataki complaining that the state's Division of Human Rights has warned an Accord, New York skating rink that its "Christian Music Skate Time" may violate the state's human rights law. (TVC press release.) NY Human Rights Law, Sec. 296(2 ) prohibits, among other things, religious discrimination by businesses. The agency wrote to the Skate Time 209 rink, and to the Ulster County Press in which the rink's Christian Skate Time was advertised, saying that the event during which contemporary Christian music is played for skaters "apparently denies or at a minimum, discourages non-Christian patronage" and "constitutes prima facie violation" of the Human Rights Law. TVC's letter defends the Christian Music Skate Time, saying that there are no special discounts for Christian skaters and no one is denied access to the rink if they are not Christian.

North Korea Criticizes US For Restricting Religious Freedom

The Associated Press reported yesterday that North Korea has turned the tables and accused the United States of religious repression because it did not permit the North Korean delegation into the U.S. to attend this week's General Assembly of the Presbyterian Church (USA) in Birmingham, Alabama. In the past, the U.S. State Department has charged North Korea with serious violations of religious liberty.

Florida Officially Adopts "In God We Trust" As Motto

In Florida yesterday, Gov. Jeb Bush signed into law a bill (H. 1145) formally making "In God We Trust" the official state motto. A House Staff Analysis had concluded that there likely were no serious Establishment Clause problems with adopting the motto. The Tallahassee Democrat reports that most people thought that this was already Florida's motto until two fourth-graders discovered that it was not formally in the state's statutes. Bush signed the law at a ceremony during this year's American Legion sponsored Boys State convention.

Japan's Supreme Court Rejects Challenge To Prime Minister's Shrine Visits

Today's Washington Post reports that Japan's Supreme Court has rejected a constitutional challenge to controversial visits by Prime Minister Junichiro Koizumi to Japan's Yasukuni Shrine which honors Japan's 2.5 million war dead, including criminals executed for war crimes after World War II. China and South Korea consider the shrine to be a glorification of Japan's past militarist policies. The court challenge, however, argued that the Prime Minister's visits to the shrine, which is also a Shinto Temple, were violations of the principle of separation of church and state. Koizumi argues that his visits were made in a private capacity to pray for peace. (See prior related postings: 1, 2, 3, 4. )

UPDATE: The Japan Times reported on June 24 that court dismissed the case on the ground that Koizumi's visits to the shrine in no way interfered with the plaintiffs' religious faith. The court avoided deciding whether Koizumi's visits were official or private.

Supreme Court Takes Expansive View Of Anti-Retaliation Provisions Of Title VII

In an decision yesterday, eight U.S. Supreme Court justices took an expansive view of what constitutes prohibited retaliation against workers who file discrimination complaints or assist in Title VII investigations or hearings. While the case involved discrimination on the basis of gender, it applies equally to religious discrimination. In Burlington Northern & Santa Fe Railway Co. v. White, (June 23, 2006), the court concluded that the anti-retaliation provisions of Title VII of the 1964 Civil rights Act (42 USC Sec. 2000e-3(a)), does not prohibit only retaliatory actions that relate to employment or occur at the workplace. They cover any action by an employer "that would have been materially adverse to a reasonable employee or job applicant.... [T]hat means that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination."

The Court said that "petty slights, minor annoyances and simple lack of good manners" do not amount to retaliation: "A supervisor’s refusal to invite an employee to lunch is normally trivial, a nonactionable petty slight. But to retaliate by excluding an employee from a weekly training lunch that contributes significantly to the employee’s professional advancement might well deter a reasonable employee from complaining about discrimination."

Justice Alito concurred in the result of the case, but took a narrower view of the standard for retaliation than the other justices articulated. Today's New York Times reports on the decision.

House Hearings On "Public Expression Of Religion Act"

Yesterday, the House Judiciary Committee's Subcommittee on the Constitution held hearings on H.R. 2679, the Public Expression of Religion Act. The bill provides that in suits claiming that state and local officials have violated the Establishment Clause claims, courts may only grant injunctions and not award either damages or attorneys fees. Here is the full text of the testimony of the four witnesses who appeared before the panel. Wall of Separation blog summarizes the testimony of the 3 witnesses favoring the bill and the one against, and links to a letter from Americans United opposing the bill. The witnesses favoring the bill argued that federal law on separation of church and state is so confusing that lawsuits seeking to uphold the principle should be discouraged. Rep. John Hostettler of Indiana who introduced the bill argued that the ACLU was using the threat of recovering attorneys' fees to intimidate public schools and other government entities.

Supreme Court, In Religion Case, Interprets Prisoner Litigation Requirements Strictly

The U.S. Supreme Court yesterday, in a 6-3 decision, interpreted the federal Prison Litigation Reform Act to made it harder for prisoners to get into court to challenge their treatment while incarcerated. The case, Woodford v. Ngo (June 22, 2006), involved a complaint by Viet Mike Ngo, who was placed in administrative segregation for "inappropriate activity" in the prison chapel, and later was prohibited from participating in various religious activities, such as confession, Holy Week services and Bible study. Yesterday's Washington Post reported on the decision.

42 USC 1997e(a) requires a prisoner to exhaust "such administrative remedies as are available" before bringing suit in federal court. The majority, in an opinion written by Justice Alito, held that this means that a prisoner who has missed a deadline for filing an administrative remedy is precluded from suing in federal court. Otherwise, they said, a prisoner could ignore the prison's internal grievance system. Chief Justice Roberts and Justices Scalia, Kennedy and Thomas joined the opinion. Justice Breyer wrote a concurring opinion generally agreeing, but saying that the exhaustion principle has some exceptions.

The dissent, written by Justice Stevens, and joined by Justices Souter and Ginsburg, said that all Congress meant was that the prisoner's grievance had to be turned down administratively before he sues. An administrative denial of a prisoner's claim because he failed to comply with some procedural deadline meets the exhaustion requirement and should allow the prisoner to proceed to federal court to vindicate his constitutional rights. The dissenters said that prisoners have little incentive to purposely evade using the prison's internal grievance system before filing suit.

New Jersey Court Refuses To Enforce Islamic Marriage Contract Provision

Newsday reported yesterday that an Essex County, New Jersey trial court has refused to enforce a previous agreement between a divorcing husband and wife that if the marriage broke up, the wife would get $50,000 as the mahr-- a payment to the wife that is part of the traditional marriage contract under Islamic law. American Muslims are increasingly asking civil courts to intervene in religious disputes such as this. In a similar case in 2002, a court in Passaic County upheld a $10,000 mahr as a legally enforceable contract between the husband and wife.

UPDATE: The case is Attia v. Amin (20-4-4287, Chancery Div., Essex County). Apparently the court's refusal to enforce the agreement stemmed from its conclusion that the amount of the payment was unfair and inequitable. Also important to the court was its finding that the agreement had been signed by the husband under duress, out of fear that if he did not do so the marriage would not take place and he would be deported. [From Daily Decision Alert forwarded by Steven Sholk, from Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.]

Indian Court Reverses Ban On Da Vinci Code

The Hindu reports that in India yesterday, the Andhra Pradesh High Court quashed the state government's order prohibiting the screening of The Da Vinci Code. The court said, "Freedom of speech and expression contributes to the richness and equilibrium of human existence." It also said that the Home Department officials who banned the film had not even seen it. Instead, the official "mechanically certified" the veto of a few objectors. The court ordered the government to pay damages of Rs. 10,000 each of the two film distributors who brought suit, and Rs. 2,500 to an individual plaintiff in the case.

10th Circuit Issues Slightly Revised Opinion In Land Use Case

On Tuesday, the U.S. 10th Circuit Court of Appeals vacated its former opinion in Grace United Methodist Church v. City of Cheyenne, (10th Cir., June 20, 2006), and issued a revised opinion with minor changes in it, again rejecting a church's appeal of a ruling that prevented it from constructing a day care center on property it owned. The Court of Appeals also upheld the district court's decision that Mountainview Homeowner's Association had standing to intervene in the case.

Court Upholds Secret Service Seizure Of Gospel Tracts That Look Like Currency

Religion News Service reports that on Tuesday a federal district court in Dallas, Texas denied a preliminary injunction to the Great News Network in its dispute with the U.S. Secret Service. The evangelical ministry based in Denton, Texas has been handing out gospel tracts that resemble $1 million bills. The tracts, that are the same size as a dollar bill, feature feature "1,000,000," a picture of President Grover Cleveland and, in small type, the words "This is Not Legal Tender" and "Department of Eternal Affairs." On the back, around the edge, the tract says: "The million-dollar question: Will you go to heaven?" The United States does not issue a $1 million bill.

Secret Service agents seized the tracts earlier this month after a North Carolina resident tried to deposit one in his personal bank account. (GNN release.) Great News Network argued to the court that the seizure violated its freedom of speech, press and religion. Brian Fahling, senior trial attorney with the American Family Association Center for Law & Policy, said that millions of the tracts have been distributed by Great News Network and others who have ordered them from Living Waters Publications, based in Bellflower, Calif.

Mt. Soledad Appeal Rejected By 9th Circuit

The San Diego UnionTribune reports that yesterday the U.S. 9th Circuit Court of Appeals turned down San Diego's appeal of a district order to remove the Mt. Soledad Cross or face a fine of $5000 per day. (See prior posting.) San Diego Mayor Jerry Sanders said that the city would comply with the order district court order if no other way of preserving the cross can be worked out.

UPDATE: Apparently the 9th Circuit's action was a refusal to grant a stay of the district court's order during the appeal of the case. At the same time, the 9th Circuit scheduled oral argument in the case for the week of October 16, 2006, long after the district court's deadline for removing the cross. (Release by Thomas More Law Center.)

UPDATE 2: The city of San Diego announced on Thursday that it will ask the U.S. Supreme Court to review the 9th Circuit's decision. (AP report.)

Appellate Arguments In Satmar Dispute Heard

On Tuesday, a New York state appellate court in Brooklyn heard arguments in litigation that will determine which of the sons of the recently deceased Satmar Rebbe, Moses Teitelbaum, will control the group's $500 million of property. Yesterday's New York Sun says that the issue before the court was whether Rabbi Moses Teitelbaum had the power in 2001 to expel the president of the Satmar congregation from the community, and whether a civil court can decide this question. A decision will help determine whether Rabbi Zalman or Rabbi Aaron will have control over assets ranging from cemetery plots to one of the world's largest synagogues which is under construction. (See prior posting.)

Religious Objections To Union Membership Interpreted By Washington AG

Washington state Attorney General Rob McKenna has issued an Opinion (AGO 2006 No. 14) interpreting RCW 41.80.100. The statute provides that state employees with a religious objection to union membership need not join the union representing an agency's employees. Instead, the objecting employee can make payments to the union for purposes that would be in harmony with his or her individual conscience. The AG's Opinion ruled that a state employee may assert a strongly held private religious objection to union membership, even if the objection is not based on the teachings of an established church or religious body. However, the worker's objection to union membership must be a religious one, and not merely a philosophical, sociological, ethical, or moral objection. Yesterday's Olympian reports on the issuance of the AG's Opinion.

Molestation Conviction Reversed For Excessive Focus On Victim's Religious Beliefs

In State of West Virginia v. Bolen, (W.Va. Sup. Ct., June 16, 2006) (majority opinion; dissent), the Supreme Court of Appeals of West Virginia ordered a new trial in the case of Matthew Bolen who had been sentenced to prison for first degree sexual assault. The state charged that when Bolen was 16, he repeatedly engaged in oral sex with a 7 year old neighbor boy.

Throughout the trial, the prosecution made extensive remarks about the victim's spiritual commitment, faithful church attendance and missionary activities. In his closing statement to the jury, the prosecutor suggested that a person as religious as the victim would not lie and risk burning in Hell for doing so. The Supreme Court found the trial judge committed plain error and the prosecutor acted improperly in ignoring West Virginia Rule of Evidence 610 which provides: "Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced."

Justice Maynard dissenting said that Bolen's counsel never objected at trial to the state's references toBolen'ss religion. Today's Charleston (W. Va.) Daily Mail reports on the decision.

Religious Coalition Formed To Oppose US Use Of Torture

Earlier this month, a group of religious leaders announced the formation of a new group, the National Religious Campaign Against Torture. Its first project was an ad published in the New York Times and elsewhere beginning June 13, urging the United States to abolish torture without exceptions. The Washington Post last week reported that the signers of the ad came from a broad range of religious groups and include a number of conservatives. Deputy White House press secretary Dana Perino, in response to the ad, said: "this government does not torture, and we adhere to the international conventions against torture. That is our policy, and it will remain our policy." The new group supports applying a torture ban to every arm of the U.S. government; closing secret U.S. prisons around the world; ending the rendition of suspects to countries that use torture; and granting the Red Cross access to all detainees.

3rd Circuit Grants Rehearing In Title VII "Ministerial Exception" Case

The U.S. Third Circuit Court of Appeals yesterday, sitting en banc, vacated the original 3-judge decision and granted a rehearing before a new 3-judge panel in Petruska v. Gannon University, (3rd Cir., June 20, 2006). The original decision, handed down last month, expanded the ability of ministerial employees to bring Title VII employment discrimination claims against churches and religious institutions that employ them through interpreting the "ministerial exception" to Title VII more narrowly than other circuits have. (See prior posting.) Among the issues that may be raised on rehearing is that one of the two judges in the majority in the original decision-- Judge Edward R. Becker who wrote the majority opinion-- died after the opinion was written but before it was formally issued by the court. [Thanks to How Appealing and to Marty Lederman via Religionlaw.]

Two Prisoner Free Exercise Cases Dismissed

Federal courts have summarily dismissed two recent prisoner free exercise cases. In Foley v. Schriro, 2006 U.S. Dist. LEXIS 40438 (D. Ariz., June 15, 2006), an Arizona federal district court dismissed without prejudice a prisoner's claim that he was being denied the diet required by his religion. The court found that the prisoner had failed to allege the specific religion he practices, that his religion mandates that he receive specific food items for a religious diet, or that the refusal to supply him with the requested diet substantially burdens his practice of religion.

In Berberich v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 40180 (ED Mich., May 30, 2006), a Michigan federal district court dismissed on res judicata grounds a federal inmate's claim that authorities burdened his free exercise of religion by refusing to permit him to possess wooden rune staves. Plaintiff had already lost a case making the same claim against the Federal Bureau of Prisons in a South Dakota federal court.

Scottish University Recognizes Student Wiccan Group

St. Andrews University in Scotland-- Prince William's alma mater-- has agreed to officially recognize the student Wiccan group on campus. This permits the Wiccans to use University facilities just like other recognized student groups. The Universe Newsroom today reports that the University was concerned that refusing to recognize the group could subject the school to prosecution under Britain's human rights laws. Apparently the university did place some conditions on recognition. At Wiccan events, participants may not utter incantations or spells that might harm others, raise spirits or to call up dark forces, or engage in ritual nudity.

Last-Minute Problems In Adoption of New Red Cross Symbol So Israel Can Join

Yesterday the White House announced that President Bush was transmitting to the Senate for ratification Protocol III to the Geneva Conventions of 12 August 1949 relating to the Adoption of an Additional Distinctive Emblem. In simple terms, Protocol III (full text) recognizes a new symbol, the red crystal, for use by the International Red Cross in addition to the currently recognized red cross and red crescent used by humanitarian bodies in various countries.

Behind this announcement lay a long history of political disputes within the International Red Cross. When the state of Israel was formed, it did not feel it appropriate to adopt a cross or crescent for its humanitarian organization. So instead it adopted a red star of David as the symbol for its equivalent group, the Magen David Adom (MDA). This became an excuse for Arab countries to exclude Israel from membership in the International Committee of the Red Cross, arguing that there is a risk of confusion in the proliferation of symbols by ICRC organizations. Nevertheless, the MDA, which has particular expertise in disaster relief, has cooperated closely with the IRC since the 1990's. Under pressure from the American Red Cross which has withheld millions of dollars in dues to protest MDA's exclusion, in 2005 a compromise was reached. By a vote of 98-27 with 10 abstentions, the Red Cross Movement voted to create a new third neutral symbol- the red crystal.

The Red Crystal will actually serve two purposes. It will be able to be used alone in countries where use of a religious symbol is problematic. But it will also be able to be used by national Red Cross organizations that can place their own symbol inside the diamond shaped red crystal. So MDA will be able to use the crystal with the star of David inside as its internationally recognized symbol.

The final step in approving all of this, which was supposed to be pro forma, is the vote at the International Conference of the Red Cross and Red Crescent being held in Geneva yesterday and today. A 2/3 vote of approval is needed. At the last minute, a new problem occurred. Pakistan and Tunisia have insisted on adding language that would effectively condemn Israel's occupation of the West Bank. Conference organizers had hoped that they had a compromise that would avoid this kind of dispute. The group was planning to admit the Palestinian Red Crescent as a member at the same time they adopted the new symbol. But now the prospects for all of this remain uncertain. These developments are covered in stories yesterday and today by the Washington Times, the Gulf Times, and SwissInfo.

UPDATE: U.N. Watch says that as of 4 pm Wednesday afternoon in Geneva, Islamic countries at the ICRC Conference have rejected attempts at compromise, to the dismay of ICRC President Dr. Jakob Kellenberger.

Louisiana Gives Up On Redrafting Of Ten Commandments

The Louisiana legislature has withdrawn from its attempt to edit the Ten Commandments. 2theadvocate.com reports that on Monday the legislature passed an amended version of Senate Bill 476. The bill, sent to the governor for her signature, provides for the Louisiana Secretary of State's office to make available for display in public buildings a group of historical documents containing religious references, including the Ten Commandments, along with an explanatory statement about the relevance of these documents to America's religious history. The bill, as finally enacted, sets out the precise text of the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance that is to be used, as well as the exact text of the accompanying explanatory document. However, it merely says that the displays may include "the Ten Commandments, as extracted from the Bible." This language was agreed upon after an embarrassing debate earlier this month on which wording of the Decalogue should be used.

Wal Mart Brings Jewish Population To Bible Belt County

The New York Times this morning carries a report on an unexpected kind of impact that Wal-Mart has had on Benton County, Arkansas, where its headquarters, as well as offices of many of its suppliers, are located. These businesses have brought a significant number of Jewish residents to this traditionally conservative Christian Bible Belt county. Two years ago Etz Chaim, the county's first synagogue, was opened, and Jewish residents are beginning to impact the life of their neighbors. Schools are attempting to avoid scheduling PTA meetings on Jewish holidays and the high school choir may incorporate some Jewish songs into its repertoire. The Jewish population has also had a culinary impact on the county. Ron Haberman has opened a restaurant that serves knishes, matzo ball soup and latkes next to a new 140,000-square-foot glass-enclosed Baptist church. And in a uniquely American twist, two local D.J.'s in Bentonville broadcast across the county Etz Chaim synagogue's first bar mitzvah.

Israeli Chief Justice Criticizes Lack Of Civil Marriage Option

The Jerusalem Post reported yesterday that Israeli Supreme Court President Aharon Barak has told a visiting delegation of American Conservative Jews that "The lack of civil marriage in Israel is a major violation of human rights." Barak was referring to the fact that under Israeli law, marriages are performed only by various religious authorities, and Jewish marriages are controlled by the Orthodox rabbinate. Marriages between members of different religions are not recognized. Irit Rosenblum, head of an organization called New Family, says his group plans to ask Israel's High Court to order the Interior Ministry to register any Israeli couple married in a civil ceremony.

UN Human Rights Council Holds Inaugural Session

Yesterday, the United Nations new Human Rights Council met for the first time in Geneva. Today's Financial Times reports that Secretary General Kofi Annan told the group that it ""must recognise . . . the importance of universality and objectivity and the need to eliminate double standards" in its work. Among the 47 newly-elected Council members are some with their own human rights problems-- China, Russia, Saudi Arabia and Cuba. The United States did not stand for election to the Council after complaining that the General Assembly had not built in sufficient safeguards to prevent countries that violate human rights from becoming members. (See prior posting.) Muslim countries plan to urge a debate in the Council on respect for religion after the recent controversy over published caricatures of the Prophet Mohammed.

Judge Denies Group's Petition To Intervene In Mt. Soledad Cross Case

In San Diego California, today's Union-Tribune reports that federal District Judge Gordon Thompson Jr. has, not unexpectedly, denied the request of San Diegans for the Mount Soledad National War Memorial to intervene in the litigation challenging the constitutionality of the Mt. Soledad Cross, saying that the group is much too late to become a party to the litigation that has been in the courts for 17 years. The petitioning group was behind Proposition A, a referendum last summer on donating the cross to the federal government for a national park. Currently the city of San Diego is involved in a last-ditch appeal of Judge Thompson's order to remove the cross or face fines of $5000 per day.

China Arrests Pastor For Printing Bibles

The Epoch Times reports that in China earlier this month Wang Zaiqing, a disabled family church pastor from Huainan city, was arrested for printing and distributing the Bible and other Christian literature. The arrest was based on a memo issued by the State Council on Religion Affairs and the Public Security Department in 1988 titled "Notice on Preventing and Dealing with Illegal Activities by Using Christianity". The document requires government approval for publication of Christian classics, books, or training activities of preachers. Dr. Li Boguang, a lawyer in Beijing representing Pastor Wang said that the 1988 document violates the Chinese constitution. A similar case was reported last November.

ADF Trying To Shape Foreign Law, In Case US Courts Cite It

The Alliance Defense Fund is a conservative Christian legal advocacy group whose usual cases involve the defense of religious freedom, the sanctity of human life and traditional family values in the United States. U.S. News & World Report this past week focuses on a new strategic direction being taken by ADF. Like other conservative organizations, ADF has become increasingly concerned about the citation of foreign law by U.S. courts. So now ADF is moving to try to shape foreign law so that if it is cited, it will be cited for the side of the issue that ADF favors. This has led the group to assist plaintiffs, like British citizen Stephen Copsey, who was fired from his job for refusing to work on Sundays. Benjamin Bull, ADF's chief counsel remarked: "It's crystal clear to us that unless we get involved in the outcome of foreign law then we're going to be at grave risk."

Organization Pushes For End To Death Penalty In Muslim Countries

Inter Press Service News Agency reports that the annual conference of the World Coalition Against the Death Penalty was held this past weekend in Casablanca, Morocco. Part of the conference focused on how to abolish the death penalty in Muslim countries that adhere to Sharia law. Some progress has been made. Senegal abolished capital punishment in 2004, and it is expected that Morocco-- which hasn't executed anyone for 13 years-- will abolish capital punishment in the future. Speakers at the conference said that misconceptions about the extent to which Muslim law requires the death penalty will need to be overcome in order to make progress toward abolition. Five of the top nine countries that retain the death penalty are Muslim.

IRS Checking On Non-Profit Hospitals

Today's New York Times reports that the Internal Revenue Service has begun an investigation of non-profit hospitals-- many of them religiously affiliated-- to determine whether they are meeting the standards for tax-exempt status. The agency has sent a compliance questionnaire to 550 hospitals asking about their operations, community services, medical research, furnishing of care for uninsured patients, pricing of services for the uninsured and executive compensation. Results could be used to decide whether the IRS should change any of its current Regulations. Before 1969, the agency specifically required hospitals to provide charity care to qualify for tax-exempt status. Now I.R.S. Regulations merely require that hospitals provide benefits to the community, which may be done in other ways as well.

Newly Available Scholarly Articles

From SmartCILP:
Ian Ward, Headscarf Stories, 29 Hastings International & Comparative Law Review, 315-341 (2006).

From SSRN:
Melynda Price, God's Will or Linked Fate: Race and Religion in African American Views of the Death Penalty (A Qualitative and Quantitative Approach) (2006).

Tomorrow Religious Freedom Day On Capitol Hill

Tomorrow Senator Rick Santorum, Chairman of the Senate Republican Conference, will host a panel discussion on the status of religious freedom around the world as part of Religious Freedom Day on Capitol Hill. U.S. Commission on International Religious Freedom (USCIRF) Vice Chair Nina Shea will moderate the panel of government officials, members of Congress and religious freedom activists, according to a USCIRF news release.

UPDATE: Here is more on the conference from Sen. Santorum.

Da Vinci Censorship By American Samoa Would Be Unconstitutional

The Attorney General of American Samoa, Sialega Malaetasi Togafau, last Tuesday issued an opinion finding that any governmental censorship of the movie, The DaVinci Code, would be unconstitutional. Today's Pacific Magazine reports that the islands' governor, Gov. Togiola Tulafono, requested the opinion after members of clergy asked the governor to ban the movie's scheduled opening in Pago Pago on June 30th. Attorney General Togafau said that both the Constitution of American Samoa, and the U.S. Constitution, whose basic guaranties of fundamental rights apply to the island, ban this kind of interference with freedom of expression. (As to the applicability of the U.S. Constitution's guaranties of fundamental rights to American Samoa, see King v. Morton, 172 U.S. App. D.C. 126 (DC Cir., 1975) [LEXIS link].

Role Of Islam In Constitution For Kurdish Iraq Debated

IRIN reports today that discussions are under way on the drafting of a constitution for the northern, majority-Kurdish, region in Iraq. And as with the drafting of a national constitution for all of Iraq, the question of the role of Islamic law is becoming a contentious issue. Islamic parties in the Kurdish region want the constitution to provide that Islam will be a principal source of legislation, something that the current proposed draft does not do. The current draft, soon to be released by Parliament, merely provides: "This constitution safeguards the Islamic identity of the people of Kurdistan and respects other religions and guarantees their freedom." Some human rights advocates argue that including Islamic law in the constitution will limit women's rights, particularly in family law matters such as divorce and inheritance.

New U.S. Muslim Seminary Seeks To Train Moderate American Clergy

Today's New York Times features a long story about two American Muslims intellectuals, Sheik Hamza Yusuf and Imam Zaid Shakir, who have founded the Zaytuna Institute -- a seminary in Hayward, California to train Islamic clergy. The school aims to train a new generation of imams and scholars who will reconcile Islam with American culture. Its founders say that Islam must be rescued from extremists who selectively cite Islamic scripture to justify terrorism.

South African Equality Court Upholds Anti-Semitism Complaint

In the first case of its kind to come before an Equality Court in South Africa, Gerhard Barkhuizen was found guilty of anti-Semitic hate speech for painting a swastika and the phrase Habrizo Mamzer ("spiteful Hebrew bastard") on a wall facing the home of his neighbor, Yaron Fishman. Today's South Africa Sunday Independent reports on the case. The anti-Semitic incident was the culmination of a dispute between the two neighbors over a dog kennel that Barkhuizen was building on his property. Fishman, the son of a Holocaust survivor, took the incident to the country's Human Rights Commission last August. Barkhuizen, who is also facing criminal charges, has refused to apologize, claiming that the painting formed part of a mural depicting the Second World War and that South Africa's constitution affords him the right to freedom of expression. The magistrate hearing the case ruled that Barkhuizen knew that Fishman was Jewish and had deliberately chosen to paint the swastika facing his home.

Blasphemy Defendant In Pakistan Murdered Outside Court House

Pakistan's Daily Times today reports that in Multan, Pakistan, Abdul Sattar Gopang (also known as Tari) was stabbed to death outside the Muzaffargarh district court as he was about to attend the trial in a blasphemy suit brought against him. The killing occurred even though Gopang was being protected by a team of policemen. On Saturday, Muslim clerics refused to officiate at Gopang's funeral and his family had to hire a religious seminary teacher to perform the funeral. Charged in the killing are Muhammad Imran Waheed, a student, and Muhammad Iqbal Khan, a vendor. A spokesman for the Muslim group, Tehrik Khatm-e-Nabuwat said that his group will provide full financial and legal support to the accused assassins. He said: "We are proud of them for accomplishing this noble task."

Meanwhile, Gopang's younger brother has also been arrested for hurling a brick at Maulana Abdul Rasheed, the complainant in the blasphemy case, and Rasheed has been taken into protective custody.

South Carolina Released Time Credit Act Becomes Law

On June 2, the governor of South Carolina signed the state's Released Time Credit Act which permits high schools to give students an elective credit for participating in off-site religion classes. (See prior postings 1, 2.) Here are excerpts from the text of the new law:

Whereas, the South Carolina General Assembly finds that: ...The free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise must be conducted in a constitutionally appropriate manner.

Be it enacted by the General Assembly of the State of South Carolina: Section 59-39-112. (A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction ... if:

(1) ... the released time classes ... are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes.... and

(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.

(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to ... (1) number of hours of classroom instruction time; (2) review of the course syllabus ...; (3) methods of assessment used in the course; and (4) whether the course was taught by a certified teacher.

The State reports that now released time groups are quickly moving to get more high schools to approve their programs.

Funding Of Hunger Program OK'd With Disclaimer

Earlier this week, Americans United for Separation of Church and State filed suit to stop the city of Baltimore, Maryland from funding today’s Bags of Love outreach program designed to furnish food to the hungry in Baltimore. The program is sponsored by the United Baptist Missionary Convention as a lead-in to the National Baptist Convention's 2006 Congress on Christian Education that begins Monday. (See prior posting.) Now that UBMC has eliminated most of the overtly religious aspects of Bags of Love, the court has refused to interfere with the funding of the event, according to today’s Baltimore Sun. However the court did order organizers to read a statement to all participants before the food distribution began to make clear that there is no effort to use the event to proselytize.

New York Governor Signs Law On Swastikas, Burning Crosses

On June 7, New York Governor George Pataki signed Assembly Bill 7027 that makes placing a swastika on another person’s property without permission a Class E felony. It similarly punishes burning a cross in public view. UPI reported on the new law yesterday.

Las Vegas School Cuts Mike On Valedictorian

In Las Vegas, Nevada, officials of the Clark County School District are defending the action taken by administrators at Foothill High School’s graduation ceremony Thursday when the class valedictorian departed from her prepared speech that had been approved by administrators and began reading from a version that contained religious and Biblical references. Administrators cut off the microphone. This drew jeers from the audience in attendance at the graduation being held in a Las Vegas casino. Today's Las Vegas Sun reports on the events.

Administrators had earlier reviewed Brittany McComb’s speech and cut out six references to God or Christ, two biblical references, and a detailed reference to Christ’s crucifixion. The high school’s policy does not permit the school to censor religious references by speakers who have been chosen "on the basis of genuinely neutral, evenhanded criteria'. However, school district lawyer Bill Hoffman said that while the regulation allows students to talk about religion, they cannot cross over into the realm of preaching or proselytizing. School officials said that permitting McComb to continue would have amounted to school sponsored proselytizing. McComb responded: "People aren't stupid and they know we have freedom of speech and the district wasn't advocating my ideas. Those are my opinions. It's what I believe.'

Preliminary Injunction In Church Challenge To Rec Area Fees

Alliance Defense Fund reports that yesterday a San Diego, California federal district court issued a preliminary injunction (full text of order) in a suit challenging the policy of the city of San Diego in charging higher rentals to religious groups for their use of the Kearney Mesa Recreation Area that it charges secular community groups. (See prior postings 1, 2.) The injunction will require the city to charge Canyon Ridge Baptist Church the lower Community Group rate until the merits of the church’s claims are decided by the court.

Jewish School Fits Unemployment Tax Exemption

In Bleich v. Maimonides School, (Mass Sup. Ct., June 16 2006), the Massachusetts Supreme Judicial Court yesterday ruled that Maimonides School, an Orthodox Jewish day school, is exempt from the state’s unemployment tax as "an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches." The court held that even though the school is largely self-governing, it still meets the requirement that it is “principally supported” by Jewish religious organizations. It “derives substantial support from area synagogues and other Jewish organizations” in recruiting students, faculty and administrators as well as obtaining funding.

Japanese Lawmakers Urge Secular Shrine For War Dead

According to yesterday’s Shanghai Daily, an organization of 135 members of Japan's Parliament have asked the government to build a non-religious memorial to Japan's war dead to replace the controversial Yasukuni Shrine which is also a Shinto Temple. The shrine's Book of Souls lists the names of 2,466,532 Japanese and former colonial soldiers killed in Japan's various wars since the middle of the 19th century. (Wikipedia.) A number of court suits have challenged Prime Minister Koizumi Junichiro's visits to the current shrine as a violation of Japan's separation of religion and state. Also China has objected to Junichiro's visits to the shrine because it also honors 14 convicted Japanese war criminals.

Racketeering Claim Filed Against Philadelphia Archdiocese

Yesterday's Washington Post reports that a federal racketeering suit has been filed against the Archdiocese of Philadelphia accusing it of covering up sexual abuse by Catholic priests. The thirteen plaintiffs, barred from bringing a state personal injury claim by Pennsylvania’s two-year statute of limitations, hope to convince the court that the cover-up still continues.

Former Waqf Leader Breaks With Muslim Views On Historicity Of Jewish Temples

WoldNetDaily reported Wednesday on an interview with a former senior leader of the Waqf-- the Islamic custodians of the Temple Mount in Jerusalem who have elaborate arrangements with the Israeli government to govern the site. He revealed that he has come to believe that the First and Second Jewish Temples existed at the current location of the Al Aqsa Mosque-- a fact that is hardly newsworthy to Western scholars and archeologists, but which contradicts statements that have long been made in much of the Muslim world. The leader being interviewed-- who insisted that his name not be published-- was dismissed from his Waqf position after he quietly made his beliefs known. He says that Muslim denial of the existence of the Temples is political and not rooted in historical fact. The Palestinian Authority's Office for Religious Affairs claims that the Temple Mount is Muslim property, and that the Western Wall was where Muhammed tied his horse before ascending to heaven. The Temple Mount was open to the general public until September 2000, when the Palestinians started the first intifada. It was reopened to non-Muslims in August 2003. Waqf agents watch tours closely and alert nearby Israeli police to any rule violations.

Singapore Police Investigate Jesus Cartoons On Website

Ekklesia today reports that police in Singapore are investigating a 21-year old man who has posted caricatures of Jesus on his website. One depicts Jesus as a zombie biting a boy's head. Depicting famous individuals as monsters and zombies has become popular on the Internet, and the cartoonist is puzzled by the official reaction. However Singapore police say: "It is a serious offence for any person to distribute or reproduce any seditious publication which may cause feelings of ill-will and hostility between different races or classes of the population of Singapore." Violators may be imprisoned for up to three years, fined up to 5,000 Singapore dollars, or both.

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.