Civil Rights Division Hiring Has Been Changing

An interesting article in this morning's Boston Globe reports that the Bush administration has quietly been changing hiring practices at the Justice Department's Civil Rights Division. Political appointees at the Justice Department have been given more authority in decisions on hiring of lawyers for the Division. Hiring committees made up of veteran career lawyers have been disbanded. Since this began in 2003, only 42% of new hires have civil rights organization experience. In the 2 years before that, 77% had such experience. Since 2003, new hires were more likely to have been members of the Federalist Society or members of the Republican National Lawyers Association. This has also led to a change in the kind of cases being brought by the Civil Rights Division. Fewer traditional voting rights and employment discrimination cases are being brought, while more reverse discrimination and religious discrimination cases alleging discrimination against Christians are being filed.

The Globe found that the law schools from which new hires graduated has also changed. More Southern and Midwestern law schools are now represented. Previously new hires tended to be from "elite" eastern law schools. The average US News & World Report ranking for the law school attended by successful applicants hired in 2001 and 2002 was 34, while the average law school rank dropped to 44 for those hired after 2003.

Defenders of the new policy say first that it tends to balance the liberal bias of former hires. Second, they say that while many hires now do not have a background with civil rights organizations, they often clerked for federal judges where they obtained substantial constitutional law experience.

Indonesian Editor To Face Trial On Muhammad Cartoons

In Indonesia, the editor of the online newspaper Rakyat Merdeka has been released from prison, but he will still be required to stand trial for posting cartoons of the Prophet Muhammad on his newspaper website earlier this year. Friday's Sydney Morning Herald reported that the Indonesian editor, who posted the cartoons while reporting on the controversy over the cartoons' first appearance in Denmark, was charged with two counts of "inciting animosity and hatred" towards Islam. He faces a possible maximum sentence of 5 years in prison. [Thanks to Jurist for the information.]

Washington Pharmacy Board Rethinking Proposed Rule

The Washington State Board of Pharmacy has postponed until August 31 a vote on controversial new proposed rules that would permit pharmacists to refuse to fill prescriptions for personally held moral reasons. Saturday’s Seattle Times says that the Board may be considering changes in its proposal. Gov. Christine Gregoire and women's advocates have criticized the proposal because it could hinder patient access to emergency contraceptives.

Officials' Motives Found Relevant To RLUIPA Claim

In Denver First Church of the Nazarene v. Cherry Hills Village, 2006 U.S. Dist. LEXIS 49483 (D. Colo., July 19, 2006), a Colorado federal district court denied a motion filed by the city of Cherry Hills to prevent plaintiff, a church, from taking the deposition of various members of City Council, the Planning and Zoning Commission and the Board of Adjustment. Denver First Church of the Nazarene brought suit under RLUIPA challenging the city’s refusal to grant its applications to expand its current church building, and to rezone certain lots so the church could add parking. The court, rejecting various claims of privilege, found that depositions were appropriate because the motives of city officials are relevant to plaintiff’s claims under RLUIPA.

Arizona City Debates New Church Zoning Rules

In Scottsdale, Arizona, the leaders of 50 churches have mobilized to oppose proposals from the Scottsdale Planning Commission to require a conditional use permit for the building of new churches, or major expansion of current ones, in single family residential areas. Yesterday's East Valley Tribune reports the Commission’s proposal, that will be discussed at an August 23 public meeting, would apply not just to houses of worship but also to private schools, colleges, universities, community buildings and private recreational uses. Scottsdale residents are concerned about increasing noise, traffic and parking problems especially from the proliferation of large church campuses. Howard Myers, president of the Desert Foothills Property Owners Association complained that operations of some large churches have extended to longer hours and go on every day of the week as they rent or give use of church premises for many programs and permit installation of cell phone towers on their property.

Funeral Protesters Challenge Missouri Ban

Rev. Fred Phelps and his followers from Kansas City’s Westboro Baptist Church have outraged many by picketing the funerals of Iraq and Afghanistan war veterans claiming that U.S. tolerance of homosexuality and other sinful activity is causing the deaths of Americans in those wars. (See prior related posting.) In response, Missouri, a number of other states, and the federal government have all enacted laws prohibiting picketing a location where a funeral is being held. Now, on behalf of Phelps, the ACLU of Kansas and Western Missouri has filed suit claiming that the anti-picketing law violates the First Amendment free speech and free exercise rights of Phelps and his religious followers. Today’s Washington Post reports on the lawsuit that was filed yesterday in federal court in Jefferson City, Missouri. The plaintiffs argue that Missouri’s statute unconstitutionally regulates speech on the basis of its content.

Rastafarian Prison Employee's Religion Claims Move Ahead

In Booth v. Maryland Department of Public Safety & Correctional Services, 2006 U.S. Dist. LEXIS 49313 (D. Md., July 7, 2006), a Maryland federal court refused to dismiss state breach of contract and state constitutional claims by a Rastafarian employee of the Maryland prison system who was first demoted and then fired for refusing to remove his dreadlocks. However plaintiff’s federal claim against a prison warden was dismissed on the ground that the warden enjoyed qualified immunity.

NJ Homeowner Seeks Religious Tenants-- May Violate Law

In New Jersey, a homeowner’s religious freedom claim could fail because it falls between the cracks of the state law’s exclusion for renting out part of an owner-occupied home. Yesterday’s Morris County Daily Record reports that homeowner Joe Fabrics requires the four tenants in his New Brunswick, NJ property to sign a lease that informs them that "This is a Christian household" and "If you hate God, don’t move in". The director of New Jersey’s Division of Human Rights says that this could be illegal religious discrimination. Fabrics owns a two-family home. He occupies it as a residence and also rents to four other tenants. New Jersey’s Law Against Discrimination, Sec. 10:5-5(n) excludes from coverage "the rental (1) of a single apartment … in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence; or (2) of a room or rooms to another person or persons by the owner … of a one-family dwelling occupied by the owner … as a residence at the time of such rental."

Fabrics, who says that his home contains two religious statues that weep holy tears, says that if after he makes his feelings clear, someone who does not believe in God insists on moving in, he will let them do so.

Opinion In Hollywood, FL. Synagogue Case Finding Zoning Regs Vague

Religion Clause has included numerous postings on the litigation involving alleged discrimination against a Hollywood, Florida synagogue stemming from the city’s removal of a special zoning exception that it had previously granted the Orthodox Jewish Chabad group. Negotiations toward a settlement in the case were encouraged by an announcement in June by Judge Joan A. Lenard that she planned to rule that the city’s zoning ordinance was unconstitutionally vague. Her formal decision finding that to be the case has now become available. In Hollywood Community Synagogue, Inc. v. City of Hollywood, Florida, 2006 U.S. Dist. LEXIS 49491 (SD Fla., June 24, 2006), the court held that the directions given to the Development Review Board by the zoning statute are not sufficiently "precise and objective" and could lend themselves to covert discrimination against houses of worship under the guise of "compatibility" or other intangible considerations.

The court ordered that Hollywood Community Synagogue be granted the special exception that it formerly had, conditioned only on certain specific conditions regarding soundproofing and trash. It ordered that the city promptly enact a new Special Exception ordinance for places of worship with narrow, objective and definite standards to guide city officials. Finally it ordered that the issue of damages be placed before a jury.

This Week's Prisoner Free Exercise Decisions

In Kretchmar v. Beard, 2006 U.S. Dist. LEXIS 49530 (ED Pa., July 18, 2006), a Pennsylvania federal court rejected the Free Exercise and RLUIPA claims filed by a Reform Jewish prisoner who argued that he should have been provided with a Kosher diet consisting of a rotating menu and two hot meals per day instead of the repetitive and cold Kosher diet that was given to him.

In Buchanan v. Burbury, 2006 U.S. Dist. LEXIS 48244 (ND Ohio, July 17, 2006), an Ohio federal district court granted a preliminary injunction in a RLUIPA case brought by an inmate who was an adherent of the Yahweh's New Covenant Assembly, a Sacred Name Sabbatarian faith group. The court ordered that plaintiff be provided with a kosher diet, he be excused from work on the Sabbath and his religion’s seven holy days, and that the group be given the opportunity to worship under the same requirements as other groups, which might require that it be removed from the prison’s Protestant catchment and placed into its own separate catchment.

Survey Of Religious Freedom In Africa

The international Catholic charity Aid To The Church In Need has published a report on the state of religious freedom in African countries. Zenit has published the report in three parts— here are the links 1, 2, 3.

Hate Crimes Still In The News

Hate crimes continue to make the news. In California, new data shows that hate crimes were at a new low in 2005, down 4.5% from the year before. (San Francisco Chronicle.) However in Lewiston, Maine, state prosecutors have filed charges of desecrating of a place of worship, a misdemeanor, against Brent Matthews. He is charged with rolling a frozen pig's head into a mosque in Lewiston on July 3 while 26 men prayed. Yesterday, state Attorney General Steven Rowe filed a civil lawsuit against Matthews alleging that he was motivated by bias based on race, color, ancestry, national origin and religion. The suit asks the court to bar Matthews from having contact with the mosque or its members and to order him to comply with the state's anti-discrimination law. Mosque leaders hope that federal hate crime charges will also be brought. (Boston Globe.)

Vodou Practitioner Gets Light Sentence

The Miami, Florida Herald reports that Myrlene Severe was sentenced in federal court today to two years probation and a $1000 fine for illegally storing human remains. The woman, a practitioner of Vodou, brought a skull, with strands of black curly hair, in her luggage on a flight back from Haiti. It was nestled in a cotton rice bag along with a banana leaf, dirt, small stones and a rusty iron nail. Severe believed that the skull would protect her. She did not know she was violating the law when she brought the skull in as a part of her religious beliefs. Originally more serious charges were filed against her, but they were subsequently reduced to a misdemeanor charge. (See prior posting).

New Scholarly Articles Posted Online

From Bepress:
Kathleen A. Brady, Religious Group Autonomy: Further Reflections About What Is At Stake (July 1, 2006).

From SSRN:
Richard W. Garnett IV, The Freedom of the Church , forthcoming in Journal of Catholic Social Thought, Vol. 4 (2007) .

Joel A. Nichols, Dual Lenses: Using Theology and Human Rights to Evaluate China's 2005 Regulations on Religion, forthcoming in Pepperdine Law Review, Vol 34 (2006). [Thanks to Legal Theory blog.]

Apparent New Mexican President May Bring Changes In Church-State Policy

An article from McClatchy Newspapers today reports that unless Mexico's Federal Electoral Tribunal overturns the disputed July 2 presidential election, Filepe Calderon will be the first Mexican president out of a tradition of conservative Catholicism that gave rise to the Cristero guerrilla movement. That movement, to which Calderon's father belonged, opposed Mexico's anti-clerical policies 80 years ago. The article traces the apparent president's deeply religious background and the uncertainties that this poses for a country that has had a strong tradition of church-state separation.

Some Kosher Food Laws Problematic For Conservative Rabbis

Ten states, including California (Cal Pen Code § 383b) and Massachusetts (ALM GL ch. 94, § 156), have statutes that make it fraudulent to sell meat as "kosher" unless the product complies with Orthodox Jewish religious requirements. Today's Forward reports that this language is creating problems as Conservative Jewish rabbis are pressing for stores to sell kosher meat that does not meet the higher "glatt Kosher" standard, in order to reduce costs to consumers.

Preliminary Injunction Denied In City Incentives For Baptist Convention

As previously reported on Religion Clause, in June Americans United for Separation of Church and State sued the city of Baltimore in federal court over economic development incentives it granted to the National Baptist Convention to attract its annual convention to Baltimore. The full opinion denying a preliminary injunction has now become available. The case is Cheryl Person v. Mayor and City Council of Baltimore, 2006 U.S. Dist. LEXIS 48899 (D. Md., June 20, 2006).

The city agreed to discount the price of its arena by $ 195,000, provide up to $100,000 for transportation costs, and provide $5,000 to feed hungry people in Baltimore at a pre-convention event involving representatives of the national convention. The court previously ordered that participants in the Feed the Hungry Event could not engage in religious solicitation or distribute religious materials as part of that city-funded event. With that safeguard in place, the court held that the incentives granted by Baltimore did not violate the Establishment Clause.

Interview With China's Religious Affairs Head

Ye Xiaowen, director of China's State Administration of Religious Affairs, has given his first press interview since he took office ten years ago. Xinhua today reports on the interview. Ye emphasized that the country will channel religious groups to play an active role in the country's social and economic construction. The government will guide religions to explain their tenets in ways that are in line with the requirements of the development of the society. He said: ""There are a great deal of useful concepts, like peace, non-violence, harmony and balanced development, in Chinese religions, especially traditional ones, which can help advocate environmental protection and promote peace."

Afghanistan To Re-Establish "Vice and Virtue" Department

The Middle East Times reports today that Afghanistan's government has defended its proposal to re-establish a Department for the Promotion of Virtue and Prevention of Vice, despite the abuses of a similar group which acted as religious police when Afghanistan was under Taliban rule. Unlike its predecessor, the new department will have no authority to patrol the streets looking for violators of Islamic law. Instead, it will use mosques and the media to encourage virtues such as prayer, charity, and respect of elders and parents, and to discourage "sins" such as adultery, murder, theft, and using alcohol. The proposal has been approved by the cabinet and will go to Parliament later this month. The government says the move is necessary to counter extremist opposition to the government that argues the country has been invaded by "infidels"-- pointing to the lack of a vice and virtue department as evidence.

Property Dispute Between New York Episcopal Parish and Diocese

In another of the growing number of disputes over ownership of church property, today's Syracuse (NY) Post-Standard reports that the Episcopal Diocese of Central New York filed a lawsuit Wednesday against St. Andrew's Church in Syracuse, asking a state trial court to grant the diocese a restraining order to prevent the parish from selling church real estate. In February, the parish which objects to positions of the diocese such as Bishop Gladstone "Skip" Adams' support of the ordination of a gay bishop, filed an amendment to its certificate of incorporation requesting that ecclesiastic oversight move from Adams to Archbishop Emmanuel Kolini, head of Anglican Church in Rwanda and of Anglican Mission in America. The diocese claims that it, and not the parish, owns the church's real estate.

Cert. Filed In California Sea Scouts Case

The Pacific Legal Foundation has announced that on July 11 it filed a petition for certiorari (full text) to the U.S. Supreme Court in Evans v. City of Berkeley. The appeal is from a March 2006 decision of the California Supreme Court in which it upheld the right of Berkeley to suspend the Sea Scouts' (an affiliate of the Boy Scouts) free use of a berth in the city's marina after the scout group refused to confirm that it would not discriminate against gays or atheists. (See prior posting.)

Article On Court-Stripping Legislation

Beginning with a reference to yesterday's passage by the House of Representatives of a bill to remove federal court jurisdiction over constitutional challenges to the Pledge of Allegiance (see prior posting), today's Indianapolis Star carries an interesting article on the history of "court-stripping" legislation.

Atheists Demand Apology For Army General's Remarks

American Atheists yesterday issued a press release demanding an apology from officials for remarks made by Lt. Army Gen. H. Steven Blum during a speech at the NAACPs Annual Armed Services and Veterans Affairs Awards Dinner on July 18. Blum, who is Chief of the National Guard Bureau, lumped atheists and agnostics together with bigots in one line of his speech in which he otherwise praised diversity in the armed forces. Blum said: "Agnostics, atheists and bigots suddenly lose all that when their life is on the line. Something that they lived with their whole life believing gets thrown out the door, and they grasp the comrade next them, and they don't care what color their skin is, and they don't care where they pray...." American Atheists President Ellen Johnson said: "Why is he singling out the millions of Americans who simply have doubts about religion or do not believe in religious teachings, and then comparing this group to 'bigots'?" The American Forces Press Service yesterday quoted extensive excerpts from Blum's speech.

Attorney Protests IRS Church Audit Procedures

BNA's Daily Report for Executives [subscription required] this week reported on a July 17 letter to Internal Revenue Service Commissioner Mark Everson from attorney Marcus Owens who says that the IRS is acting illegally in promulgating a new policy on who should determine when a tax audit of a church should be instituted. A May 9 IRS issued Chief Counsel Advice Memoranda 200623061[LEXIS link] without an opportunity for public comment. It formalized delegation for determining when a church should be audited to the Director of Exempt Organization Examinations. Owens said that in a recently released memorandum dated March 31, 2005, the Director of EO Examinations made an explicit delegation of the "reasonable belief" decision even lower within the IRS as part of the procedures for the IRS's Political Intervention Project. Owens said this is a "clear violation" of Internal Revenue Code Section 7611, which provides that an appropriate "high-level Treasury Department official must reasonably believe (on the basis of facts and circumstances) that a church may not be tax-exempt." BNA makes the full text of the letter available to subscribers.

Saudis Granted Waiver On Sanctions-- Progress On Religious Freedom Cited

The Washington Post reported yesterday that the United States has found that Saudi Arabia has made enough progress in improving religious tolerance that the U.S. is extending a waiver of sanctions that would otherwise have been called for under the International Religious Freedom Act. The waiver was originally granted in 2004 after the State Department first classified Saudi Arabia as a "country of particular concern", a designation that was continued in 2006. (See prior posting.) The State Department's release on the briefing to Congress by Ambassador John Hanford said that the Saudis are pursuing a number of policies to promote greater religious freedom and tolerance:

These include policies designed to halt the dissemination of intolerant literature and extremist ideology, both within Saudi Arabia and around the world, to protect the right to private worship, and to curb harassment of religious practice. For example, the Saudi Government is conducting a comprehensive revision of textbooks and educational curricula to weed out disparaging remarks toward religious groups, a process that will be completed in one to two years. The Saudi Government is also retraining teachers and the religious police to ensure that the rights of Muslims and non-Muslims are protected and to promote tolerance and combat extremism. The Saudi Government has also created a Human Rights Commission to address the full range of human rights complaints.

First Amendment Does Not Require Accommodation Of Job Applicant's Beliefs

In Filinovich v. Claar, 2006 U.S. Dist. LEXIS 48341 (ND Ill., July 14, 2006), an Illinois federal district court applied the June 2006 holding by the 10th Circuit in Shrum v. Coweta (see prior posting) to dismiss a Free Exercise claim by Alice Filinovich who was applying for the position of Finance Director with the Village of Bolinbrook, IL. Plaintiff, a Seventh Day Adventist, claimed that, even though she was the top candidate, she was not hired by the village because her religious beliefs would not permit her to attend required quarterly budget workshops held on Saturdays. The court held that so long as the village had a legitimate reason for the neutral, generally applicable requirement of attendance at Saturday meetings, for purposes of the First Amendment-- as opposed to Title VII-- there was no requirement that the village attempt to accommodate Filinovich's religious practices. The court said that the 7th Circuit, whose decisions control it, had reached the same conclusion as Shrum in its 1991 decision in Ryan v. U.S. Department of Justice, 950 F.2d 458 [LEXIS link].

New Jersey Chief Justice Nixes Fugitive Safe Surrender Program

Federal officials have been blocked from instituting a program known as Fugitive Safe Surrender in Camden, New Jersey by church-state objections from New Jersey Chief Justice Deborah T. Poritz . The Philadelphia Inquirer reported yesterday that the program, which originated in Cleveland, grants funds to cities to get low-level fugitives into the criminal justice system without police having to confront them on the streets. Instead, the wanted criminals surrender at a church, where fugitives feel safe. Also the church community helps to spread the word about the program. The plans were to use Camden's Antioch Baptist Church.

In Cleveland, fugitives were greeted by volunteers who handed out water and pretzels, while sheriff's deputies ran their names through computerized databases. Then they met with a judge and a public defender in the church's library, and generally released on bond. The New Jersey Supreme Court, however, is concerned about court procedures taking place in a religious facility. It is also concerned that it would appear that the court was working on behalf of the prosecutor and was not neutral. The court offered to have a judge available at the courthouse to process the fugitives, but U.S. Marshall James Plousis said that is inconsistent with the underlying concept of the program.

GAO Report Reviews Faith-Based Initiative

The New York Times today carries an article about a Government Accountability Office Report issued last month on the Bush administration's faith-based initiative. The GAO did not find evidence of a widespread diversion of government money to religious activities, but in looking at 10 government programs, the GAO found that only four federal program offices gave an explicit statement to religious organizations about protecting the religious liberties of the people they serve.

Titled Faith-Based and Community Initiative: Improvements in Monitoring Grantees and Measuring Performance Could Enhance Accountability, the full report has just been posted on the GAO's website. Here is part of the Report Abstract:

Since 2001, federal agencies have awarded over $500 million through new grant programs to provide training and technical assistance to faith-based and community organizations and to increase the participation of these organizations in providing federally funded social services.... Most of the agencies provided grantees with an explicit statement on the safeguard prohibiting the use of direct federal funds for inherently religious activities. If these activities are offered, they must be offered separately in time or location from services provided with direct federal funds and must be voluntary for the beneficiary. However, we found that Justice's regulation and guidance related to these activities is unclear for its correctional programs. We also found that only four programs provided a statement on the rights of program beneficiaries and only three provided information on permissible hiring by FBOs.

While officials in all 26 FBOs [Faith Based Organizations] that we visited said that they understood that federal funds cannot be used for inherently religious activities, a few FBOs described activities that appeared to violate this safeguard. Four of the 13 FBOs that provided voluntary religious activities did not separate in time or location some religious activities from federally funded program services....

[I]t is unclear whether the data reported on grants awarded to FBOs provide policymakers with a sound basis to assess the progress of agencies in meeting the initiative's long-term goal of greater participation of faith-based and community organizations. Moreover, little information is available to assess progress toward another long-term goal of improving participant outcomes because outcome-based evaluations for many pilot programs have not begun.

Americans United Criticizes Upcoming House Vote On 2 Bills

Today a vote is scheduled in the House of Representatives on the Pledge Protection Act of 2005 (H.R. 2389) that would prevent federal courts from hearing challenges to the constitutionality of the Pledge of Allegiance. A vote is also scheduled on H.R. 5683 that would transfer ownership of the Mt. Soledad Cross in California to the federal government. Yesterday, Americans United for Separation of Church and State issued a statement criticizing these bills. AU executive directory Barry W. Lynn said: "The leaders of the House are shamelessly pandering to their Religious Right base. The forthcoming votes on these measures hit a new low for election-year posturing."

UPDATE: On Wednesday afternoon, the House of Representatives passed the Pledge Protection Act by a vote of 260-167. Here is the roll call vote. It now goes to the Senate where the Associated Press reports that its fate is uncertain. On Wednesday afternoon, the House also passed the bill authorizing the federal government to take title to the Soledad Veterans Memorial. The roll call vote was 349 yes; 74 no; 3 present. (10news.com report.)

Church Homeless Shelter Housing Code Trial Will Begin In Florida

The South Florida Sun-Sentinel this morning reports that a jury trial is scheduled to begin July 31 in Palm Beach County, Florida's efforts to collect $30,000 in code enforcement fines from Westgate Tabernacle Church. However the Church has filed its own counter-suit claiming infringement of its free exercise rights. Westgate runs a homeless shelter that, unlike other county agencies, takes almost anyone as a resident, subject to only a few rules-- no drugs, look for work and attend services. Because of this, police bring people to the shelter every day, at the same time that the county is attempting to get it to relocate outside a residential neighborhood.

Recent Prisoner Decisions On Claims By Muslim and Atheist

In Hamdan v. Copes, 2006 U.S. Dist. LEXIS 46765 (WD La., May 19, 2006), the court rejected a prisoner's claim that Muslim prisoniers at South Louisiana Correctional Center were denied the right to attend Friday Ju'mah services on a regular basis.

In Kaufman v. Frank, 2006 U.S. Dist. LEXIS 47840 (WD Wis., July 13, 2006), a state prison inmate who was an atheist claimed that his rights under the First Amendment and RLUIPA were violated by: (1) references to God in the Wisconsin Constitution; (2) a state statute granting inmates access to Bibles; (3) prohibitions on sex offenders changing their names; (4) the prison's refusal to allow him to possess a silver circle emblem representing Atheist beliefs; (5) its refusal to authorize study groups for atheist and agnostic inmates; and (6) its refusal to make donated atheist literature available in the prison library. The court permitted plaintiff to proceed only as to claims that the Establishment Clause was violated by the prison's making Christian literature, but not literature about atheism available, and its excluding free non-religious items and publications while permitting other inmates to receive free religious items and publications.

Retired Professor Wants Anti-Evolution Issue On Oshkosh Wisconsin Ballot

The Oshkosh,Wisconsin Northwestern reports today on a retired University of Wisconsin-Oshkosh physics professor's petition drive to get an advisory referendum on the November ballot on the teaching of evolution in the public schools. Sandra Gade says that "the way evolution is being taught is antagonistic to students' religious beliefs. Students are told that it is a scientifically established fact that evolution, a purely natural process made all living things." She wants to require teaching of facts that discredit as well as those that support evolution. Despite Glade's efforts, state law has no provision for school boards to place an advisory referendum on the ballot.

Evangelist Argues Lack of Jurisdiction After Indictment For Tax Fraud

In Pensacola, Florida on Monday, evangelist Kent Hovind pled not guilty to a 58-count federal indictment charging him with tax fraud, avoiding financial reporting requirements and impeding an IRS investigation. Today's Pensacola News Journal reports on the rather outlandish claims of immunity made by Hovind who owns Dinosaur Adventure Land, a creationist theme park. Hovind claims that the federal government has no jurisdiction over him, and when pressed in court to enter a plea Hovind said he wished to enter a plea of "subornation of false muster."

Hovind is accused of paying employees of his Creation Science Ministry in cash and calling them missionaries to avoid withholding payroll and FICA taxes. His wife is also charged. For years Hovind has claimed that he is employed by God and has no income or property because everything he owns belongs to God. Hovind believes that man and dinosaurs inhabited the earth at the same time and has offered a $250,000 reward to anyone who can furnish satisfactory proof of evolution.

Muslim Group Claims Zoning Discrimination

In Wayne, New Jersey, according to today's Star-Ledger the Albanian Associated Fund, a Muslim organization, has sued the township claiming it has been discriminated against in its application to build a mosque on an 11-acre site it owns. The federal court suit filed yesterday attempts to stop the township from condemning the land for open space use, claiming violations of constitutional rights and of RLUIPA. The suit claims that Wayne's planning board has given in to anti-Muslim sentiment and for 3 1/2 years has forced the group to take application steps not required of others.

Arkansas Supreme Court Dismisses Claims Against Parochial School As Involving Religious Doctrine

In Calvary Christian School Inc. v. Huffstutler, (Ark. Sup. Ct., June 29, 2006). the Arkansas Supreme Court held that it lacked jurisdiction over most of the claims brought by the parents of a parochial school student who was "disenrolled" from the school after he and his parents complained about a video camera that they discovered was hidden in the vetilation system of a school classroom that was also used as a dressing room for school events. In order to keep their son enrolled in school, his parents signed an agreement to support the policies and administration of the school and not to make any negative comments that could possibly destroy the ministry and unity of the school. However subsequently the parents made comments that violated the agreement, and the student was dismissed. The majority agreed with Calvary Christian School that the dismissal was based on failure to comply with school policies that are based in Matthew 18 principles. This made it a theological dispute over which the court could not exercise jurisdiction under First Amendment principles. The majority also dismissed one of the claims because there was no evidence that the camera had ever been used to film anything. Three justices dissented, each as to different aspects of the majority's opinion.

Religious Objections Impede Prosecution Of US Soldiers In Iraq Murder Case

U.S. authorities are preparing their case against five soldiers from the 101st Airborne Division who are accused of raping and murdering 14-year old Abeer al-Janabi near the town of Mahmoudiya in Iraq on March 12. A sixth soldier is accused of failing to report the crime. Those still on active duty face an Article 32 hearing, a proceeding similar to a grand jury. However the prosecution is being impeded by objections from the girl's family to the exhumation of her body. The Associated Press today reports that al-Janabi's relatives have refused to allow her body to be exhumed after objections from a Muslim cleric. Islamic law views exhumations as desecration of the dead. Iraqi Prime Minister Nouri al-Maliki argues that Iraqi courts should try cases of abuse by American soldiers and has called for a review of the agreement giving foreign troops immunity from Iraqi prosecution.

Colorado City Will Limit Display To Christmas Trees

Fort Collins, Colorado city council last Tuesday voted to continue to display only Christmas trees during the 2006 holiday season, rejecting requests to also include a menorah in the December holiday display. The Coloradoan today quotes Council Member Kurt Kastein: "I'm not afraid to say it's Christmas. And I have no problem defending a Christmas tree in the public display." The city's Human Relations Commission said that limiting displays to Christmas trees would be exclusionary. It recommended that city property be made available year-round for displays by private groups that first obtain a permit, and had offered to create a Holiday Display Community Task Force.

Suits Against Las Cruces For Using Crosses In City Logo Pending

The Las Cruces Sun-News yesterday reported on developments in a federal lawsuit that had been filed last September challenging the presence of three crosses in the official emblem of the city of Las Cruces, New Mexico. (See prior posting.) The question is whether the city is violating the establishment clause in spending public funds to put the crosses on city logos and city buildings. In the latest development, plaintiffs are challenging a report by New Mexico State University history professor Jon Hunner, who was selected to provide the court with a history of the city's symbol. Plaintiff Paul Weinbaum says the report is tainted by a conflict of interest because Hunner was also providing a similar report to the city's Convention and Visitors Bureau. The city has spent $16,000 in legal fees so far. Trial in the case is set for Nov. 27. Another case against the Las Cruces Public Schools for its use of crosses on its vehicles and logos is also pending.

Minister In Congress Opposes Amendment To Ban Gay Marriage

Emanuel Cleaver (D-MO), a United Methodist Minister in Kansas City, is the only member of the U.S. House of Representatives who is a practicing clergyman. Today's Charlotte Observer reports that Cleaver is strongly opposed to the proposed constitutional amendment to define marriage as between a man and a woman. The House is expected to vote on the amendment this week. Cleaver says that government should not meddle in a religious sacrament, arguing: "Marriage is a spiritual issue. That's not for the Congress to dictate, no more than it's appropriate for Congress to dictate how much bread should be used in communion. Communion is a sacrament. Marriage is a sacrament. Why not just put all the sacraments in the Constitution?"

US Senate Urges Russia To Protect Unregistered Religious Groups

On Friday, the U.S. Senate passed by unanimous consent S. Res. 500. The Resolution expresses the sense of Congress that the Russian Federation should fully protect the freedoms of all religious communities, whether registered or not, as required by the Russian Constitution and international standards. In March, the House of Representatives passed a similar resolution (H. Con Res. 190). (See prior posting.)

Church Files RLUIPA Challenge In Southfield Michigan

Today's Detroit Free Press reports that Lighthouse Community Church of God is suing the City of Southfield, Michigan in federal court for the right to use an office building it bought in 2004 for church services. Two churches had previously used the same space. The city cited the Church for using the building without an occupancy permit, and that citation was upheld by a state court judge. The Church says that the city has prevented it from adding parking so it can comply with occupancy requirements. Jury selection in the case begins August 7. The case may be the first jury trial in Michigan of a case under RLUIPA. The city has moved to dismiss the case, arguing that RLUIPA was not intended to permit churches to bypass city zoning laws. Church attorney Daniel Dalton says the city wants to let a development firm take over the disputed site in order to build housing.

Recent Law Review Articles Of Interest

Recent law review articles from SmartCILP:

Susan J. Becker, Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead To the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States, 14 American University Journal of Gender Social Policy & the Law 177-252 (2006).

David S. Caudill, Arthur M. Goldberg Family Chair Lecture: Augustine and Calvin: Post-Modernism and Pluralism, 51 Villanova Law Review 299-309 (2006).

Jennifer L. Monk & Robert H. Tyler, The Application of Prior Restraint: An Alternative Doctrine for Religious Land Use Cases, 37 University of Toledo Law Review 747-779 (2006).

Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuallity, and the Paradox of Community and Autonomy.,14 American University Journal of Gender Social Policy & the Law 313-383 (2006).

Routine Judicial Mix-Up Gets Attention Because Of Religious Content

Last month in Honolulu, Hawaii defendant Junior Stowers was acquitted on a misdemeanor charge of abusing his 15 year old son after the boy said it was really his brother who hit him. Just before the jury returned, Circuit Judge Patrick Border issued a standard warning to both lawyers in the case that he did not want any outbursts of emotion in the court room when the verdict was announced. However, Stowers' public defender lawyer did not have time to tell Stowers of the order, and when the jury announced his acquittal, Stowers raised his hands and exclaimed, "Thank you, Jesus!" The judge cited Stowers for contempt, and he was held for six hours until at a hearing the judge realized that Stowers did not know of his order, and released him. The AP story on this rather routine mix up has been carried in media around the world because of the religious expression involved in Stowers' emotional outburst.

Conscientious Objection By Medical Providers Creates Victims

Sunday’s Washington Post carries a story on the personal agony of individuals who have been turned away by health care workers whose religious beliefs lead them to refuse to provide treatment or services. Included are accounts of a lesbian woman who was turned away by a fertility clinic and a woman in Denton, Texas whose pharmacist refused to dispense her the morning-after pill after she was raped on a date. In another case, a doctor refused to send a woman’s records to a clinic where she sought an abortion after discovering the fetus she was carrying had severe deformities. And in Encinitas, Calif., a family practitioner refused a routine physical to a patient who needed it to adopt a baby from Mexico. The doctor said he objected to a single woman's adopting a child.

Brother of FLDS Leader Gets Lenient Sentence

On Friday, Seth Steed Jeffs, younger brother of Fundamentalist Church of Latter Day Saints head Warren Jeffs, was placed on three years’ probation and fined $2,500 for helping fugitive Warren Jeffs evade capture. Today’s Salt Lake Tribune reports on the sentencing. Warren Jeffs is wanted on various charges growing out of the polygamous practices of the FLDS Church. Seth Jeffs could have received a much harsher sentence for harboring a federal fugitive. However, federal judge Robert Blackburn said he found Seth Jeffs "credibly contrite", and said he would not visit the sins of his fugitive brother on him. While Seth Jeffs has promised to distance himself from the FLDS, he still has one legal wife and one “plural” wife that he married in a religious ceremony.

Mosque Zoning Decision Unleashes Anti-Islamic Feelings

In Pompano Beach, Florida, the zoning commission’s approval for the Islamic Center of South Florida to build a new mosque has led to ugly confrontations with several black ministers and civic leaders. Rev. O’Neal Dozier, pastor of Worldwide Christian Center near the mosque site, is leading the protests that began at the zoning commission’s June meeting. According to yesterday’s St. Petersburg Times, Dozier says he will file suit if the commission does not rescind its approval of the mosque.

At the June commission meeting, Dozier called Muslims "dangerous," said they were "terrorists." Another black minister warned they would "try to convert young black men." The protest continued at last Tuesday’s commission meeting. Dozier, a former NFL player with a law degree who has been prominent in Republican politics in Florida arrived at City Hall with a "church security force" to protect him from "terrorists." Speaking at the meeting, he said "People in the neighborhood feel less safe knowing Muslims are invading."

Dozier is supported by two other black ministers and four local Jewish supporters, led by Joe Kaufman, founder of "Citizens Against Hate" and the "Republican Jewish Coalition of South Florida." However the Muslim group’s zoning request is backed by Willie Larson, head of Broward County’s NAACP chapter; Andrew Louis, head of the county’s Democratic Black Caucus; and a number of elderly Jewish residents of the Holiday Springs Condominiums who were aided by members of another local mosque after Hurricane Wilma hit last year.

Meanwhile last Monday Florida Governor Jeb Bush, upset with Dozier’s statements, asked him to resign from the judicial nominating committee to which Bush had previously appointed him. Dozier did so, saying “I’m saddened but I’m not giving up the fight.” (See prior posting on Rev. Dozier.)

Kyrzyg Officials Criticized For Welcome To Unification Church

In Kyrgyzstan, the Forum of Young Politicians last month issued a statement criticizing the president and prime minister for their welcome of Unification Church officials to the country. IWPR today reports many observers argue that officials are breaching the separation of church and state in the favoritism shown to the Unification Church's founder Rev. Sun Nyung Moon and his associates. Hak Ja Han, the wife Rev. Moon, arrived in Kyrgyzstan on June 18, and was hosted by leading politicians and academics at a formal ceremony shown on national television. At the event, Han gave certificates conferring the honorary title of 'ambassador of peace' to a district government chief in Bishkek, the head of the Kyrgyz committee of UNESCO, and four university and college rectors. Both Muslim and Orthodox Christian officials in Kyrgyzstan are concerned about the number of converts that outside proselytizing groups are attracting

Evolution Is Issue In August Kansas Primaries

The National Center for Science Education reports today that the issue of teaching evolution remains important in the upcoming August 1 Kansas primaries. Last year, the state school board adopted anti-evolution teaching standards by a vote of 6-4. However, particularly in the primaries for school board, opponents of that decision are pitted against supporters. Major newspapers have focused on candidates' views on science education. It has also become an issue in the gubernatorial primary as a Kansas newspaper asked all seven candidates in the Republican primary a question about teaching intelligent design as part of a candidate questionnaire.

Senate Resolution Marks Upcoming 50th Anniversary of National Motto

July 30 is the 50th anniversary of Congress' formal adoption of "In God We Trust" as the national motto. To commemorate this, on Wednesday the U.S. Senate passed by unanimous consent and sent on to the House of Representatives a Concurrent Resolution, S. Con. Res. 96 (full text). After 15 "Whereas" clauses chronicling the motto's history, the Resolution provides:

Resolved by the Senate (the House of Representatives concurring), That Congress— (1) commemorates the 50th anniversary of the national motto of the United States, ‘"In God We Trust";

(2) celebrates the national motto as— (A) a fundamental aspect of the national life of the citizens of the United States; and (B) a phrase that is central to the hopes and vision of the Founding Fathers for the perpetuity of the United States;

(3) reaffirms today that the substance of the national motto is no less vital to the future success of the Nation; and

(4) encourages the citizens of the United States to reflect on— (A) the national motto of the United States; and (B) the integral part that the national motto of the United States has played in the life of the Nation, before and after its official adoption.

Clergy Resign From Katrina Fund In Protest

After Hurricane Katrina, President George W. Bush asked two former presidents-- Bill Clinton and George H. W. Bush-- to co-chair a private fund-raising effort. They created the Bush-Clinton Katrina Fund which has raised over $100 million in contributions. Some $20 million of those funds were earmarked for churches to assist them in rebuilding damaged houses of worship. An interfaith committee was created to advise the fund on how to distribute monies to churches.

Yesterday the Washington Post reported that the co-chairs of the advisory committee-- Bishop T.D. Jakes and the Rev. William H. Gray III-- have resigned. A third committee member, Rev. William J. Shaw, resigned last week end. Some reports say that 8 of the 9 advisory committee members have submitted resignations. The advisory committee says that the staff of the Fund is ignoring their recommendations. Gray said that the board and staff would concur with the committee's recommendations in meetings, but then would act in the opposite way. Jakes and Shaw resigned when the staff refused to explain why, without committee knowledge, they sent $35,000 to a church that had not been inspected to determine its need.

Recent Books Of Interest On Religion and Politics

Here are a number of recent books on religion and politics:

Patrick M. Garry, Wrestling With God: The Court's Tortuous Treatment of Religion ,(Catholic University of America Press, May 2006).

Jonathan Bartley, Faith And Politics After Christendom: The Church As A Movement for Anarchy, (Paternoster Press, Sept. 2006).

Dan Wakefield, The Hijacking of Jesus: How the Religious Right Distorts Christianity and Promotes Prejudice and Hate, (Nation Books, March 2006).

Robin Meyers, Why the Christian Right Is Wrong: A Minister's Manifesto for Taking Back Your Faith, Your Flag, Your Future, (John Wiley & Sons, May 2006).

Shmuel Bar, Warrant for Terror : The Fatwas of Radical Islam, and the Duty of Jihad , (Rowman & Littlefield Publishers, Inc. , April 2006).

Sikh Transit Employee Protests Use Of His Photo

According to today's New York Sun, a Sikh employee of the New York Transit Authority is objecting to the use of his photo in a Transit Authority dress code bulletin. Trilok Arora is shown wearing an MTA logo on his turban, as required by Transit authority rules. However, Arora objects to having to do this and, with four other employees, last year filed suit to challenge the logo requirement. The Justice Department, which is also suing to challenge the MTA's dress code, has asked New York federal Magistrate Judge Marilyn Go to order the MTA to remove Arora's photo from the bulletin. Arora, 68, plans to retire in two years. Until then, he says he will wear his MTA logo only when a supervisor orders him to do so.

Seizure of Marijuana Does Not Violate Religious Freedom

In Loop v. United States, 2006 U.S. Dist. LEXIS 46636 (D. Minn., June 30, 2006), a Minnesota federal district court held that the religious freedom of Dennis Loop, a Rastafarian, was not infringed when federal marshals seized his brass marijuana pipe, wooden marijuana case, and a small amount of marijuana as he went through a metal detector in order to enter the federal courthouse in Minneapolis. The court rejected Loop's First Amendment and RFRA claims, finding that while marijuana is essential to Loop's religious practice, he did not show any burden in having to leave it at home during brief visits to the court house. The magistrate's recommendation, which was accepted by the judge, is at 2006 U.S. Dist. LEXIS 46635 (D. Minn., March 29, 2006).

Amish Farmer's Beliefs Not Infringed By Milk Regulations

In Millersburg, Ohio, a state trial court judge has ruled that an Ohio law prohibiting dairy farmers from selling unpasteurized milk does not violate an Amish farmer's religious beliefs. Farmer Arlie Stutzman had argued that his religious beliefs call for him to share his milk with others. (See prior posting.) Yesterday's Akron Beacon-Journal reports that Holmes County Common Pleas Court Judge Thomas D. White ruled that Stutzman may give unpasteurized milk to people in need, but he may not accept donations for it. He said that Stutzman had "produced no evidence that his religion compels him to make money from feeding the hungry." White also rejected Stutzman's entrapment argument. The case against Stutzman was brought after he sold mild to a state Department of Agriculture undercover agent.

Suit Seeks Identity of Bloggers Who Claimed Abuse by Rabbi

Public Citizen last week announced the filing of two motions in a pending California case in which Rabbi Mordecai Tendler, who was accused of sexually propositioning women who came to him seeking spiritual guidance, is trying to force Google to disclose the identities of four anonymous bloggers. (Full text of motions 1, 2.) Concerned about First Amendment issues, Public Citizen is urging the court to adopt a balancing test for these kinds of cases.

Tendler, who denies the charges against him, has been expelled from the Orthodox Rabbinical Council of America and was later sued for sexual harassment a former congregant. He is seeking to learn the identities of four bloggers who wrote about his case on: rabbinicintergrity.blogspot.com/, jewishsurvivors.blogspot.com/, jewishwhistleblower.blogspot.com/ and newhempsteadnews.blogspot.com. Tendler claims that defamatory materials about him have been posted. A report in today's Forward says that blogs and message boards are increasingly being used by Orthodox Jewish women to report allegations of sexual misconduct by rabbis.

Malaysia's School No-Turban Rule Upheld

On Wednesday, Malaysia's highest court-- the Federal Court-- upheld the Education Ministry's rule that bars the wearing of a turban as part of one's school uniform during school hours. New Straits Times reports on the suit that was filed on behalf of three Muslim brothers who had been expelled from school for refusing to remove their turbans. They claimed that the no-turban rule is unconstitutional, but the court said that wearing a turban is not a mandatory requirement of Islam. The court also pointed out that students can still wear turbans outside of school, and even in school can wear them in the prayer room. In its decision, the Court praised the Government's moves to preserve Malaysia’s multi-racial and multi-religious make-up.

Ohio Science Education Standards Again Challenged

Apparently some members of Ohio's state board of education are planning to try again to change the science instructional standards in Ohio schools. Americans United for Separation of Church and State said yesterday that board member Colleen Grady last month urged the Board of Education’s Achievement Committee to give 10th-grade science teachers guidance on teaching evolution and other "controversial" issues such as global warming, cloning and stem-cell research. This week, Americans United filed a request under the Ohio open records law asking for copies of the Grady proposal as well as all related documents. Earlier this year, the Ohio board, after a long battle, rejected changes that would have urged criticism of evolutionary theory in science classes. (See prior posting.)

Sikh Funeral Pyre In Britain May Have Violated Law

In Northumberland yesterday, Rajpal Mehat, an Indian-born Sikh who drowned several months ago in London, was cremated on the first religious funeral pyre in Britain in modern times. The Guardian reports that police are now investigating the funeral, claiming that the ceremony may have violated the Cremation Act that they say prohibits the cremation of human remains anywhere except in a crematorium. Northumbria police reluctantly permitted the ceremony to proceed, not wanting at the time to further upset a grieving family. Davender Ghai, president of the Anglo-Asian Friendship Society says that the Cremation Law does not forbid religious funeral pyres. (Backgound on Sikh funerals.)

Ohio Now Requires School Display of Donated US or State Motto

Ohio's Governor Bob Taft yesterday signed Sub. H.B. 184 which requires school districts that receive donated copies of the mottoes of the United States ("In God We Trust") or the State of Ohio ("With God, All Things Are Possible") to display them in school buildings. The requirement also applies when funds are donated to purchase copies of either motto. The law sets out design requirements, and permits school boards to adopt alternative designs.

NY Appellate Court Dismisses Satmar Case As Involving Doctrinal Dispute

In a much-watched case, yesterday a New York state appellate court dismissed a suit between two factions of the Orthodox-Jewish Satmar Chasidic community. The two sons of recently deceased grand rebbe Moshe Teitelbaum are engaged in a long-running battle for control over millions of dollars of property belonging to the 100,000 member group. This piece of the dispute involved the question of who was the properly elected president of the Satmar's congregational board in Williamsburg, and whether the grand rebbe had the authority to remove a president of the congregation. (See prior postings, 1, 2.) According to a report in today's New York Sun, the appellate court sitting in Brooklyn ruled that "Resolution of the parties' dispute would necessarily involve impermissible inquiries into religious doctrine and the congregation's membership requirements."

A dissent by Judge Robert Spolzino argued that "the by-laws of the congregation here provide the neutral principles of law upon which the authority of the grand rebbe with regard to the corporate governance of the congregation can be determined."

This decision continues the current balance of power in the Satmar community, with the Williamsburg group led by Rabbi Zalmen and the Kiryas Joel faction led by Rabbi Aaron.

UPDATE: Here is the full opinion in In re Congregation Yetev Lev D'Satmar, Inc., v. Kahana, (App. Div., 2nd Dept., July 11, 2006). There was a companion decision in Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar, Inc., (App. Div., 2nd Dept., July 11, 2006), that challenged the transfer of a 50% interest in the Williamsburgh congregation's cemetery to the Kiryas Joel congregation. The court held: "The transfer ... is ... bound with this leadership dispute and it is clear that, at least in part, it was made to advance the interests of one of the competing Satmar factions and not to advance religious or charitable objects generally. Under these circumstances it cannot be said that the transfer was in the best interests of the Brooklyn Congregation and accordingly we decline to exercise our discretion to approve it, thereby restoring the status quo ante." Judge Spolzino concurred in the result. [Thanks to Steven H. Sholk for the lead.]

Court Upholds School Fees For Good News Club

In Child Evangelism Fellowship of South Carolina v. Anderson School District 5, 2006 U.S. Dist. LEXIS 46298 (D. SC, July 7, 2006), a federal district court in South Carolina upheld a school district's policy on charging fees for use of school facilities by groups running after-school programs. Child Evangelism Fellowship (CEF) applied to use school facilities for the Good News Club, a Bible and religious education program for elementary school children. The school informed CEF that it would be required to pay a rental fee. CEF argued that this discriminated against it on the basis of its religious viewpoint and the content of its message. Even though other groups offering after-school programs , such as the scouts and the YMCA, came within the school's fee waiver policy, the court held that the District had valid reasons for treating CEF differently, and that administrators had not applied school policy in a discriminatory manner.

Free use was permitted for school-related organizations, organizations offering joint programs with the school, and, in the original version of the policy, others where the school found a fee waiver to be in the school's best interest. After suit was filed against it, the District eliminated the waiver provisions, but grandfathered in free usage for groups that had been using school facilities in the past. The court found these to be valid classifications, and rejected CEF's free speech, free exercise, equal protection and establishment clause arguments.

In deciding the case, the court also dealt with standing, mootness and 11th Amendment arguments.

Ohio Charity Rule Amendments Will Impact Faith-Based Groups

Interested parties have until July 28 to file comments on Proposed Rules Changes for charitable organizations issued by Ohio Attorney General Jim Petro on June 30. The Attorney General's Fact Sheet says: "Faith-based organizations that are not closely controlled by churches, including many hospitals and a few nursing homes, would be required to file an annual report under the new rules. However, the rules would clarify that churches and strictly religious organizations remain exempt from registration."

An accompanying press release explains that "the rules are aimed at reducing the potential for problems such as excessive executive compensation and expense reimbursements by charities and hospitals, or conflicts of interest in business contracts let by governing boards... The proposal is also designed to foster best practices by charitable hospitals and other proprietary charitable organizations in billing, collection, and charity care, and to set standard guidelines in Ohio for reporting how charitable organizations benefit the community so the public can make meaningful comparisons of their charitable activities. [It requires] ... larger charitable organizations to either adopt a set of policies prescribed in the rules or publicly disclose their board-approved conflicts of interest, whether they have allowed insiders to approve their own compensation, all payments to board members by the charity, insider loans, and the like."

Rabbinic Court Challenges Israel's Supreme Court

In Israel today, the Jerusalem Post reports that another chapter has begun in the struggle between rabbinic courts and civil courts over the extent of their respective powers. Two months ago Israel's Supreme Court, rejecting a ruling of the High Rabbinic Court, ruled that a rabbinic court could not permit a husband in a divorce case to present a video of his wife's sexual exploits because it violated the wife's privacy rights. However now three judges on Netanya's regional rabbinic court have ruled that the video can be used to force the unfaithful wife to accept a writ of divorce (get). The rabbis held that under Jewish law, the husband is obligated to divorce his wife after viewing the content of the video even if the video was obtained illegally. In the past few months the rabbinic courts have launched an aggressive offensive after an April Supreme Court ruling curtailing rabbinic courts' jurisdiction over monetary matters.

Suit In Dominican Republic Challenges Concordat With Vatican

In the Dominican Republic today, representatives of the more than 1,600 evangelical churches rallied in front of the Dominican Supreme Court filed an appeal challenging the country's agreement with the Vatican-- known at the Concordat-- according to a report from Dominican Today. The suit claims that the Concordat conflicts with constitutional protection of freedom of conscience and religion. (Dominican Constitution.) The Concordat, signed in 1954, gives the Catholic Church special privileges not granted to other religious organizations, including the use of public funds to underwrite some church expenses and a waiver of customs duties when importing goods. (Background.)

Ohio Governor's Race Focuses On Christian Voters

Ohio's race for governor this year promises to be a battle between two candidates, Watch of whom is appealing strongly to Christian voters. The Associated Press reports this morning that Democratic candidate Ted Strickland, a former United Methodist minister, has just bought extensive advertising on Christian talk, gospel and other religious stations in communities around the state that have traditionally been the territory of his Republican opponent, Kenneth Blackwell who has been backed by the conservative Christian Ohio Restoration Project. (See prior posting.) In his new ad, Strickland quotes a passage from the Biblical book of Micah, that calls for people "to do justice, to love kindness and to walk humbly with our God." He says he has applied the principle throughout his life, and continues: "And now I am running for governor because most Ohioans know that we are not doing as well as we should. Ohio is in desperate need of new leadership and the same biblical principles which have guided and instructed me in the past will continue to sustain me as I serve as Ohio's next governor."

After the Blackwell campaign accused Strickland of having a record of voting against issues that are important to Christian conservatives, Strickland's campaign spokesman said that Strickland opposes using religion "to divide Ohioans against one another".

7th Circuit Orders Preliminary Injunction: SIU Must Recognize Christian Legal Society

Yesterday in a 2-1 decision, the U.S. 7th Circuit Court of Appeals decided that the Christian Legal Society at Southern Illinois University School of Law should be granted a preliminary injunction requiring the Law School to recognize it as an official student organization, despite the Law School 's claim that CLS violated the school's non-discrimination policy. Christian Legal Society v. Walker, (7th Cir., July 10, 2006), is one of a series of cases that has been filed around the country challenging attempts by public law schools to deny recognition to CLS chapters that insist their members and officers abide by a statement of Christian faith that includes rejecting sexual activity outside of heterosexual marriage. The CLS requirement excludes from voting membership both (1) non-Christians and (2) active gays and lesbians. The challenge at SIU focused primarily on exclusion of gays and lesbians.

The majority opinion said that CLS had demonstrated a likelihood that it would succeed on the merits. First, it is unclear that CLS in fact violated the language of the University's non-discrimination policies. The EEO policy applies to the university itself, and the majority doubted that this encompassed student organizations. Second, the majority held that it is likely that CLS will succeed in showing that its right of expressive association has been unconstitutionally infringed. SIU's only interest appears to be in suppressing particular ideas expressed in CLS's statement of faith. Finally, the majority said it was likely that CLS could show that the University's policy has violated its free expression rights because the policy has been applied in a discriminatory manner. It appears that other student organizations that exclude members based on religious belief or gender have not been denied recognition.

Judge Wood's dissent argued that the trial court had not abused its discretion in denying CLS a preliminary injunction. He disagreed with the majority's conclusions about CLS's likelihood of success on the merits, emphasizing the lack of evidence on crucial issues at this stage of the proceedings. He concluded: "If CLS wanted to forbid membership to all African-Americans, or to mixed-race wedded couples, or to persons of Arabic heritage, surely SIU would be entitled at a minimum to say that [it]... would have to sustain itself without any state support-- even if it could root such a membership policy in a religious text..... [T]he indirect impact of ... recognition of a student group maintaining such a policy is that SIU ... may be seen as tolerating such discrimination. Given that universities have a compelling interest in obtaining diverse student bodies, requiring a university to include exclusionary groups might undermine their ability to attain such diversity."

An AP story in the Washington Post discusses the decision. Jeremy Richey's Blawg has links to all the briefs that were filed in the case and to recordings of oral arguments. The 7th Circuit had previously granted CLS an injunction to reinstate it as a recognized group while the appeal was being argued. [Thanks to Ted Olsen at Christianity Today, and to Rory Gray for leads.]

Pakistan's Hudood Ordinance Amended

Last Friday, Pakistan's President signed an amendment to the Hudood Ordinance that had been enacted by religious conservatives under the military dictatorship of General Muhammad Zia-ul-Haq, supposedly to bring Pakistani law into conformity with the Quran. IRIN News, reporting on the amendment, says that the Hudood Law permits women to be sentenced to death for having sex outside marriage. It did not allow for women to be released on bail and specified a mandatory prison sentence at a minimum for violations. The amendment signed Friday allows women to be released on bail instead of serving their prison time, and the government immediately began releasing some of the 6500 women in jail under the law. The government said it would provide legal and financial assistance to help rehabilitate them. Pakistan’s Minister for Women’s Affairs, Sumaira Malik, called the ordinance "un-Islamic", and President Musharif said that he wants to the Ordinance to be totally repealed.

New York Has First Hasidic Police Recruit

Today, the New York City Police Academy has its first Hasidic Jewish police recruit. The New York Post reports that Joel Witriol, a 24-year-old Talmud scholar from Brooklyn, starts his training today. The Police Department has accommodated his religious needs by granting Witriol an exemption from its hairstyle rules so he can keep his beard and his peyot, and it will excuse him from working on the Jewish Sabbath and holidays. When Witriol graduates, he will be only the third Hasidic police officer in the country.

New York City Aids Private Religious Schools

Under state law, New York City must provide the same transportation for parochial school students as it gives to public school students (NY Educ. Law Sec. 3635). The New York Sun today reports that New York City Council has allocated $1 million out of this year's $15 billion school budget so Jewish day schools can buy their own busses to accommodate their longer school day. The city is routing the funds to schools through Agudath Israel of America. Last year, the city spent $2.5 million to put computers in Jewish and Catholic schools. And the city's Industrial Development Agency has made tax-exempt bonds available for financing construction at some local private and parochial schools. Critics, citing the chronically underfunded public school system, call the grants to religious schools "pork barrel" spending-- probably not the best choice of terms for the grants to Orthodox Jewish institutions. About a half million students in New York City attend private and parochial schools. Religious schools say they are saving the state money by keeping children out of the public school system.

Strict Sharia Being Introduced In Somalian Courts

In Somalia, Sheikh Hassan Dahir Aweys, the new leader of the Council of the Islamic Courts that has taken control in Mogadishu says that all of Somalia must be governed by Sharia (Islamic law). Reuters South Africa today quotes Aweys as saying, "I want the world to respect our sharia and beliefs and cooperate with us and also recognize our administrations and humanity. They should work with us as free people who have a right to choose their own future and religion." Meanwhile, in contrast to the moderate form of Islam that has been prevalent in Somalia, courts are now beginning to apply strict sharia. Whipping has been imposed as a criminal sentence and Islamic courts announced plans to stone five rapists to death.
A leading Mogadishu cleric has said that Muslims who do not pray five times a day should be killed.

Alliance Defense Fund Profiled

Today's Washington Post profiles the Alliance Defense Fund and its work in fighting to give religion a place in public life. The Arizona-based conservative Christian organization has an annual budget of $20 million. One of ADF's founders, D. James Kennedy, says, "What we are really trying to protect are the things this country was founded on." However critics, like Americans United executive director Barry Lynn argues: "They're not for some form of generic religious freedom. They're for Christian superiority, that Christians take over the courts. They are living in this fantasy world where the majority religion, Christianity, is claimed to be literally under attack." Gary S. McCaleb, ADF's director of litigation, says that the group is involved in 80 to 100 open cases at any one time, and files one to two new cases each week. Last November, an AP article in the Post similarly profiled the group.

Recent Publications of Interest

From NELLCO LSR:

Catharine P. Wells, Who Owns the Local Church? A Pressing Issue for Dioceses in Bankruptcy, (forthcoming in Seton Hall Legislative Journal v. 29, no.2 (2005)).

From SSRN:

R.L. Eisgruber & D. Mariah Riah Zeisberg, Religious Freedom in Canada and the United States, (International Journal of Constitutional Law, Vol. 4, Issue 2, pp. 244-268, 2006).

From SmartCILP:

Symposium: Borrowing the Land: Cultures of Ownership in the Western Landscape, 83 Denver University Law Review 943-1093 (2006).

Symposium: Catholics and the Death Penalty: Lawyers, Jurors & Judges, 44 Journal of Catholic Legal Studies 277-378 (2005).

FLDS Member Convicted On Sex Charges In Polygamous Marriage

Today's Salt Lake Tribune says that last week's conviction of Kelly Fischer on two sex-crime charges related to his "spiritual" polygamous marriage to a 16-year-old girl may provide a blueprint for bringing similar charges against other members of the FLDS Church, including its leader, Warren Jeffs, if he is ever found. In Fischer's case, a conviction was obtained even though there was no testimony from the victim or eye witnesses. Charges against 7 additional men are pending. Mohave County Attorney Matt Smith says his objective is to send a message to FLDS members that it is unacceptable for older men to have sex with girls under 18, and that religious belief is no shield for that behavior.

July Trial In Marijuana Charges Against Church of Cognizance Founders

Today's Arizona Daily Star reports that the federal court trial of a couple charged with possessing 172 pounds of marijuana that they claim is for religious use is scheduled to begin July 18 in Las Cruces, New Mexico. A revised complaint adds charges of conspiracy to distribute marijuana, and includes two more defendants. The couple, Dan and Mary Quaintance, are founders of the Church of Cognizance, whose members eat or drink marijuana daily as a way of becoming more spiritually enlightened. The Church says it has 72 monasteries around the country in members' homes. Its motto is: "With good thoughts, good words and good deeds, we honor marijuana; as the teacher, the provider, the protector."

The Quaintances are relying on the U.S. Supreme Court's decision earlier this year in the UDV case to support their free exercise claims. However Charles Haynes, a senior scholar at the First Amendment Center, says the federal government is in a stronger position to win against the religious use of marijuana than it was for the hallucinogenic tea involved in UDV because of the prevalence of marijuana and the federal government's concern about a marijuana drug problem.

India's Supreme Court Orders Protection For Intermarrieds

The Supreme Court of India on Friday ordered police to provide new protections to young men and women who enter inter-caste or inter-religious marriages. Latta Singh v. State of U.P., (Sup. Ct. India, July 7, 2006), was a case involving violence and frivolous criminal charges brought by the unhappy family of a woman who married out of her caste. Not only did the court quash unjustified criminal charges, but it went out of its way to provide additional protections in the future.

It said: "If the parents ... do not approve of such inter-caste or inter-religious marriage the maximum they can do is ... cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such ... marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl [who is not still a minor]... undergoes inter-caste or inter-religious marriage ..., the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence ... is taken to task by instituting criminal proceedings by the police against such persons...."

Friday's Times of India covers the decision.

Atheist Law Center Disbanded

Larry Darby, the Holocaust denier who lost his race for Alabama attorney general in the Democratic primary this year, announced yesterday that he has formally dissolved his organization, the Atheist Law Center. Darby said the Center was formed to advocate for separation between religion and government. His statement on the closing of the Center was riddled with anti-Semitic rhetoric. He concluded by stating: "I no longer categorically deny the existence of God. My views have changed based on experiences or understanding of the world around me. I appreciate the wisdom of Thomas Jefferson who, in the Declaration of Independence, spoke of the laws of nature and of nature's God. I agree with moral precepts put forth by Jesus of Nazareth and I am Christian in a sense that Jesus of Nazareth would approve."

German Ban On Muslim Teacher Wearing Headscarf Found Discriminatory

In the German state of Baden-Wuerttemberg, an administrative tribunal has found illegal discrimination in a Stuttgart school's enforcement of a law that prohibits "outward expressions that undermine the neutrality of the government or peace between political and religious creeds in school." The school refused to permit a Muslim teacher to wear a headscarf while she taught, but Catholic nuns are permitted to wear veils when they teach. Expatica as well as Jurist both covered the decision yesterday.

DC Circuit Says In Chaplain Case That Establishment Clause Violation Creates Per Se Irreparable Injury

Yesterday, in Chaplaincy of Full Gospel Churches v. England, (DC Cir., July 7, 2006), the District of Columbia Court of Appeals reversed the trial court and remanded for further findings a suit alleging that the Navy has unconstitutionally maintained a religious quota system for the promotion, assignment, and retention of Navy chaplains that disadvantages chaplains of non-liturgical Protestant faiths (i.e. Baptist, Evangelical, Pentecostal, and Charismatic chaplains.) Plaintiffs had moved for a preliminary injunction, arguing that their evidence demonstrated that Catholic Naval Reserve chaplains were favored and permitted to remain on active duty beyond mandatory separation age limits. This they argued violated the Establishment Clause.

The district court had denied the motion for an injunction, in part because plaintiffs had not demonstrated irreparable injury. The Court of Appeals, however, held that the Navy's violation of the Establishment Clause constituted per se irreparable injury. It remanded the case to the trial court for it to determine whether plaintiffs had also shown the other 3 elements necessary for a preliminary injunction: likelihood of success on the merits, the injunction will not substantially injure other parties and that it will further the public interest.

Justice Kennedy Stays Order To Remove Mt. Soledad Cross

The battle to preserve the Mt. Soledad Cross took on new life yesterday. U.S. Supreme Court Justice Anthony Kennedy issued an in-chambers opinion granting a stay of the federal district court's order to remove the cross pending final disposition of the appeal to the Ninth Circuit. (See prior posting.) The Ninth Circuit had denied a stay of the district court order to remove the cross, though it had ordered expedited briefing and scheduled argument for Oct. 16, 2006. Earlier this week Kennedy issued a temporary stay. Now in San Diegans for the Mt. Soledad National War Memorial v. Paulson, (Sup. Ct., July 7, 2006), Kennedy, sitting as Circuit Justice, wrote:

[T]he equities here support preserving the status quo while the city's appeal proceeds. Compared to the irreparable harm of altering the memorial and removing the cross, the harm in a brief delay ... seems slight. In addition, two further factors make this case "sufficiently unusual" ... to warrant granting a stay. First, a recent Act of Congress has deemed the monument a "national memorial honoring veterans of the United States Armed Forces" and has authorized the Secretary of the Interior to take title to the memorial on behalf of the United State if the city offers to donate it. Sec.116, 118 Stat. 3346.... Second, San Diego voters, seeking to carry out the transfer ... have approved a ballot proposition authorizing donation of the monument to the United States. While the Superior Court ... has invalidated the ballot proposition [on state constitutional grounds,] ... if the state appellate court reverses ... and allows the memorial to become federal property, its decision may moot the District Court's injunction, which addresses only the legality under state law of the cross' presence on city property....

Today's San Diego Union-Tribune has a story on Justice Kennedy's decision.
[Thanks to SCOTUS Blog for the link.]

Kerala Government Probe of Actress' Visit To Indian Temple May Be Started

In the state of Kerala, in India, the Sabarimala Temple has become the center of world-wide attention lately. India eNews.com today reports on recent developments at the shrine which traditionally excludes women between 10 and 50 years of age. Only girls who have not attained puberty and women who have entered menopause are allowed to enter the temple, dedicated to Lord Ayyappa. However recently the Indian actress, Jaimala claimed that she had entered the temple in violation of this tradition and had inadvertently touched the temple deity some 18 years ago. On Tuesday the Kerala High Court accepted a petition seeking to order a government probe of Jaimala's actions. (Press Trust of India.) Meanwhile, the Travancore Devaswom Board, the custodian of the temple, said that it will begin a series of corrective rituals that will cost around half a million rupees and take almost two years to complete.

Delaware School District Remains At Center Of Prayer Debate

The Indian River School District in Delaware continues to be at the center of controversy about school prayer. An article in today's Sussex County (Delaware) Post reports that the board of education last week made minor changes in its policy on prayer at graduation ceremonies and baccalaureate services in the district. After a controversy in 2004, the board adopted a policy that provides that student-initiated, student-delivered, voluntary messages are permitted during such ceremonies. The most recent revisions deal with who is responsible for selecting student speakers and reviewing their speeches.

Lawsuits against the school district are pending challenging the Board's continuing practice of opening school board meetings with a prayer, its extensive pattern of school-sponsored prayer at graduation, and its promotion of Christianity in other contexts. (See prior postings 1, 2.) Last week, Jews on First published a long account of the charges against the school district and reported that the Jewish family that filed the 2004 lawsuit against the district felt it necessary to move to Wilmington, two hours away, out of fear of retaliation.

Jews For Jesus New York Subway Ads Are Controversial

A massive ad campaign on the New York City subways by Jews for Jesus (JFJ) has offended many Jews who ride the City's transit system, according to an article from today's New York Post. However, the guidelines for ads on New York subways adopted by MTA New York City Transit in 1997 only prohibit messages that discriminate on the basis of race, gender or sexual orientation, or those that contain images or sell services inappropriate for minors. Subway officials say that the First Amendment prohibits them from otherwise discriminating on the basis of their disagreement with an ad's message. JFJ has purchased ads in subway cars and on 42 illuminated panels at the Times Square subway station, urging Jews to accept Jesus as their Messiah. The ads are part of a broader $1.4 million campaign by Jews for Jesus that has sent 200 missionaries to New York City for the month of July. Today's New York Times reports that the missionaries will operate in all five boroughs and suburban counties, and will have special programs aimed at Russian-speaking Jews, Israelis and Hasidic Jews.

Church Sues To Keep Offering Classes In Its Building

The American Center for Law and Justice announced yesterday that it had filed suit in a Virginia federal district court to defend the rights of the McLean Bible Church to offer Bible study and religious ministry classes in its church building under its current use permit. The Church is one of the largest in the Washington, D.C. metropolitan area. The county claims classes were not included as part of the church’s permit and that if it wants to conduct them it must qualify as a college or university. The problem arose because of a 2001 agreement with Capitol Bible Seminary to administer some aspects of the Church's educational offerings. The suit claims that the actions of Fairfax County violate the Church's rights to religious free exercise under the Constitution and RLUIPA, as well as its freedom of speech and association, and its right to equal protection of the laws.