Kansas Reinstates Mainstream Science Guidelines On Evolution

The Kansas State Board of Education has once again changed the state's guidelines for teaching science in the public schools, reinstating a mainstream scientific approach on teaching of evolution. Today's Lawrence (KA) Journal-World reports that the move comes after a block of Democrats and moderate Republicans won control of the school board in November. (See prior posting.) By a 6-4 vote on Tuesday, the Board eliminated its earlier standards that encouraged the teaching of intelligent design. (See prior posting.) The new guidelines define science as a search for "natural explanations" of observations in the universe. The Board removed language suggesting that key evolutionary concepts were controversial and were challenged by new research. This is the fifth time in eight years that the state's science standards have been changed, and state law mandates updating of the standards again by 2014-- though changes could come sooner depending on the make-up of the board in the future.

DC Circuit Rejects Constitutional Challenge To Freezing Of Islamic Group's Assets

In Islamic American Relief Agency v. Gonzales, (DC Cir., Feb. 13, 2007), the U.S. Court of Appeals for the D.C. Circuit upheld the federal government's blocking of the assets of IARA-USA which the government found to be a branch of another organization that had been designated as supporting global terrorism. In a portion of its opinion, the court rejected arguments by IARA-USA that blocking of its assets violated its Fifth Amendment right to equal protection and its First Amendment rights of association and free exercise of religion. The court rejected IARA-USA's claim that it had been singled out because it was a Muslim organization. The court held that the blocking does not inhibit associational activities other than financing and does not punish advocacy of IARA-USA's goals. It also rejected the argument that blocking of funds substantially burdens the religious exercise of IARA-USA's members because they intended their donations to fulfill their religious obligation to engage in humanitarian charitable giving. Quoting an earlier case it had decided, the court said: "There is no free exercise right to fund terrorists." A story yesterday from the Associated Press reported on the decision. [Thanks to How Appealing for the lead.]

Free Exercise Claim To Arrest Method Proceeds

In Stroman v. Lower Merion Twp., 2007 U.S. Dist. LEXIS 9408 (ED PA, Feb. 7, 2007), two plaintiffs sued challenging the methods used by police officers in arresting them. One of the plaintiffs, Janice Myers, claimed that a police officer searched her by putting his hands all over her body, "including on her private parts and under her religious garb and undergarments," even though she had asked to be searched by a female officer. The court rejected her federal Religious Freedom Restoration Act claim because that statute has been held unconstitutional as applied to states and localities. However the court permitted her to proceed with a claim that Marion Township tolerated a policy of use of police power in violation of the Free Exercise Clause, and to proceed with claims against individual officers for their actions.

Congressional Interfaith Caucus Suggested

Last Friday, an essay by four clergy in the Washington Post suggested that the new Congress needs an Interfaith Caucus that would meet regularly to discuss the positive role that religion plays in people's lives and in communities, and to explore how religion is misused by demagogues around the world.

Suit Filed Over William & Mary Chapel Cross

The controversy (see prior posting) over when a cross will be displayed in College of William and Mary's Wren Chapel has now moved into the courts. Today's Hampton Roads Daily Press reports that a William and Mary Law School graduate has filed a federal lawsuit claiming that the College is restricting the practice of religion by removing the cross from permanent display. Charles Haynes, senior scholar at the First Amendment Center, says the suit is frivolous. The Daily Press reports that the plaintiff, George R. Leach, was disbarred in 2003, but is seeking reinstatement.

Christian School Challenges Exclusion From League

In San Antonio, Texas, Cornerstone Christian Schools has filed suit in federal district court challenging the decision by the University Interscholastic League to exclude the school from membership, according to today's San Antonio Express-News. The school is eligible only for membership in the Texas Association of Private and Parochial Schools because of the size of its enrollment. Cornerstone's attorney Jonathan Pauerstein said:"We contend that the UIL, by denying membership to private schools, denies access to the UIL's programs to the children of parents who seek a religious education for them. Here, we have a state-created organization denying participation to citizens who have made choices based on religion."

Idaho Legislator Told To Redraft Proposed Workers Comp Exemption For Clergy

In the Idaho legislature, the State Affairs Committee this week asked Rep. Dick Harwood to redraft a bill he had introduced. Harwood's intent was apparently to exempt churches from paying for Workers Compensation insurance for their clergy. His bill, however, broadly exempted churches from paying workers' compensation for any employee. This would have included thrift store workers, janitors, secretaries and other staff. Yesterday's New West Politics reports that committee chair Tom Loertscher appointed Rep. Lynn Luker, an attorney, to help Harwood with revising the bill's language.

Churches Complain About Sign Limits

Churches in Noblesville, Indiana complain that the city's sign ordinance infringes their religious freedom, according to a story in today's Noblesville Ledger. The ordinance limits all businesses, non-profit organizations and churches to displaying one banner per year, for a period of up to 4 weeks. Churches say this limits them in advertising church events, and even requires them to decide whether Christmas or Easter is the most important to advertise. Mayor John Ditslear said the city's planning staff is looking at whether the limits should be liberalized for churches.

Divorce Bills In Maryland Legislature Would Help Jewish Women

Late last month and earlier this month, bills were introduced into the Maryland state House (HB 324) and Senate (SB 533) that are designed to assist Jewish women in obtaining a religious divorce (get) from a recalcitrant husband. Without a religious divorce, under Jewish law the wife is unable to remarry. The bills would require anyone filing a complaint for divorce or annulment with a civil court in Maryland to also file an affidavit stating that the person has taken all steps within his control to remove all religious barriers to remarriage by the other party. Courts will not be able to order a husband to grant his wife a get. However, the civil court will not be able to enter a divorce decree until the affidavit is filed.

The Feb. 2 edition of the Forward carried an article on the proposed legislation that is designed to deal with the problem of agunot-- women trapped by their husbands' intransigence. However, many question the constitutionality of the proposed law-- and of a similar one already on the books in New York (DRL Sec. 253). Marc Stern, general counsel of the American Jewish Congress, said: "This is designed exclusively to deal with a religious problem, and it conditions a civil benefit-- a divorce-- on solving a religious problem. We don't think you can do that."

The Maryland Senate has scheduled its first hearing on the proposed legislation for Feb. 22.

Christian University Claims BFOQ Exemption In Firing Transgendered Faculty Member

Yesterday's Workplace Prof Blog discusses the legal issues involved in a Title VII employment discrimination claim brought by Professor Julie Marie Nemecek who was fired as assistant dean and Associate Professor at Michigan's Spring Arbor University. The school, that describes itself as having a "total commitment to Jesus Christ as its perspective for learning", dismissed Nemecek because she is transgendered and is transitioning from male to female. In response to Nemecek's EEOC complaint, the University said it was relying on the "bona fide occupational qualification" exception to Title VII. 42 USC 2000e-2(e) provides an exemption from the Act's prohibitions on discrimination on the basis of religion or gender where religion or sex is "a bona fide occupational qualification reasonably necessary to the normal operation of" the institution.

In a press release, it said: "We expect our faculty to model Christian character as an example for our students. Faculty who 'persist with activities that are inconsistent with the Christian faith'" are subject to being dismissed.

Arkansas Legislators Don't Like Thomas Paine's Views On Religion

The Arkansas House of Representatives last Thursday dealt a surprising defeat to a bill designating January 29 as "Thomas Paine Day" (HB 1317). Today's Associated Press reports that Democratic Rep. Lindsley Smith had wanted Arkansas to join nine other states that honor the Revolutionary War figure. However, Republican Rep. Sid Rosenbaum raised questions. Quoting from Paine's book, The Age of Reason, Rosenbaum said: "He did some good things for the nation, but the book that he wrote was anti-Christian and anti-Jewish. I don’t think we should be passing things out like this without at least debating it and letting people in the House know what we're voting on." Thursday's vote was 46-20, but the bill needed 51 votes to pass.

Today Is Darwin Day

MSNBC's Cosmic Log reports that today is "Darwin Day." Around the world over 850 events will mark the 198th anniversary of Charles Darwin's birth. Meanwhile, yesterday hundreds of churches marked "Evolution Sunday", an effort to show that religion and science can be compatible and that anti-evolution fundamentalists do not speak for thousands of Christian clergy.

Prisoner Religious Diet Litigation Hits Australia

While lawsuits by prisoners requesting special diets that comply with religious restrictions are common in the United States, apparently they are a new phenomenon in Australia. The Feb. 12 edition of Sydney's Daily Telegraph reported on a decision by Queensland's Supreme Court awarding $2000 in damages to a former Muslim prisoner who complained that prison officials would not supply him with fresh Halal meat. Instead they fed him vegetables, nuts and canned meat. The Government fears the decision could lead to an avalanche of suits from other prisoners whose special dietary requests may have been refused. Today, Judy Spence, Queensland's Minister for Police and Corrective Services, said she plans to ask Parliament to change the state's anti-discrimination law to prevent other prisoners succeeding in future cases. (ABC News Online).

UPDATE: Feb. 14 Australian reports that one of the victims of the Muslim prisoner who won this suit has urged the Queensland Government to freeze the funds awarded to him and file an appeal. The victim says she has had severe trauma from sexual abuse she suffered as a child at the hands of Sharif Mahommed.

Pressure In Thailand For Buddhism To Be Declared State Religion

In Thailand, pressure is growing for the country's Constitution Drafting Committee to declare Buddhism the nation's official religion in the new constitution it is drafting. The Nation today reports that Thailand's Defence Minister, General Boonrawd Somtas, is concerned over the controversy being generated by this issue. More than 90% of the country's population practices Buddhism

Obama Speaks About Religious Faith

In an interview with the Associated Press on Sunday, recently-announced Democratic presidential candidate Barack Obama said that voters do not have a litmus test on religion for candidates, but they do want a candidate to have "a value system and that is appreciative of the role that religious faith can play in helping shape people's lives". He said: "I think the majority of voters know that I'm a member of the United Church of Christ, and that I take my faith seriously."

5th Circuit Will Hear School Board Prayer Case En Banc

2theadvocate.com reports that the U.S. 5th Circuit Court of Appeals has granted an en banc rehearing in Doe v. Tangipahoa Parish School District. (See prior posting.) A three judge panel was unable to agree on whether the Lemon case or the Marsh (legislative prayer) case governed invocations at school board meetings. Oral arguments are scheduled for the week of May 21. [Thanks to Alliance Alert for the lead.]

Conference On Anti-Semitism Begins In Jerusalem

The International Conference of the Israeli-based Global Forum for Combating Anti-Semitism began in Jerusalem on Sunday amidst a dispute between Israeli Foreign Minister Tzipi Livni and the British Jewish community. The British Jewish Community Security Trust issued a report last week saying that anti-Semitic incidents in Britain reached a new high in 2006. However, an Israeli Foreign Ministry report said that anti-Semitic incidents in the UK had fallen by 3%. (Jerusalem Post, Feb. 10). For the first time, a representative of the Muslim community will speak at this year's Conference. Sheikh Abdallah Nimr Darwish, head of the Islamic Movement in Israel, will be part of a panel on anti-Semitism in the Arab and Muslim world. (Haaretz, Feb. 11).

Announcing the Conference, the Israeli Ministry of Foreign Affairs said: "The Global Forum will formulate strategies for dealing with the many aspects of anti-Semitism which plague public and political life. The Forum will focus on practical steps for combating anti-Semitism by legal means, through education and media, and will pay particular attention to the dilemmas posed by anti-Semitism in the Arab and Muslim world. The current wave of anti-Semitism in Europe and in the Arab and Muslim world, which culminated in the Holocaust denial conference held recently in Teheran, demonstrates the need for coordinated action."

In her speech opening the Conference (full text), Foreign Minister Tzipi Livni said: "The modern anti-Semitism is spreading from the fringes to the mainstream, in parallel with the growth of radical Islamic ideology in Europe."

Prisoners Have Little Success In Recent Free Exercise Cases

In Salahuddin v. Perez, (2d Cir., Feb. 2, 2007), the U.S. 2nd Circuit Court of Appeals upheld a New York federal district court's dismissal of a prisoner's claim that his transfer to a different prison facility violated his religious exercise rights.

In High v. Baca, 2007 U.S. Dist. LEXIS 9181 (D NV, Feb. 6, 2007), a Nevada federal district court denied a temporary restraining order and a preliminary injunction to a Muslim prisoner who claimed that he had been denied proper meal accommodations during Ramadan and that his access to chapel and religious oils had been reduced. The court found that the penological justifications suggested little likelihood of success on the merits.

In Burnett v. Wilson, 2007 U.S. Dist. LEXIS 9193 (ND OH, Feb. 7, 2007), an Ohio federal district court rejected a claim by a blind prisoner that the failure to provide him with a braille Bible and training to read braille infringed his right to free exercise of religion.

In Maddox v. Berge, 2007 U.S. Dist. LEXIS 9304 (WD WI, Feb. 8, 2007), a Wisconsin federal district court gave a prisoner an opportunity to amend his complaint to allege additional facts that would support his claim that his inability to attend congregate religious services violated his rights under RLUIPA and the First Amendment.

Utah Legislature Enacts Broad School Voucher Bill

Following the lead of the state House of Representatives, the Utah state Senate on Friday passed HB 148, the Parent Choice In Education Act. The broad school voucher program will appropriate $9.3 million in 2008 and $12.4 million in 2009 from the state's General Fund for tuition scholarships based on parents' income level. The vouchers may be used in either secular or religious private schools. Central Utah's Daily Herald on Saturday reported that the governor has indicated that he will sign the bill into law. It is expected that the law will be challenged as being in violation of the Utah Constitution, Art. X, Sec. 9 that prohibits public aid to church schools and Art. I, Sec. 4 that prohibits appropriations for religious instruction or support of "any ecclesiastical establishment". Legislative findings in Section 2 of the bill attempt to lay the groundwork for defending such challenges.

Israeli Court Says Jehovahs Witnesses Can Rent Haifa Auditorium

In Israel, Amutat Hamitzpeh L'Israel, an organization that represents Jehovah's Witnesses, has won a significant victory in Haifa's District Court. Following a recommendation by Israel's Attorney General's Office, the court held that a public accommodations law passed by the Knesset in 2000 requires Haifa's Convention Center to rent space to Jehovah's Witnesses for activities, which including public lectures on the New Testament that encourage people to learn more about Jehovah's Witnesses. Today's Jerusalem Post reports that Israel's former justice minister Yaakov Neeman has strongly criticized the decision, saying it has opened the door to Christian missionary groups operating in Israel. Haifa's Chief Rabbi, She'ar Yishuv Hacohen, sees Jehovah's Witnesses as more militant missionaries than other Christian groups.

The Convention Center had argued that permitting Jehovah's Witnesses to rent space would lead to boycotts and protests from Haredi (ultra-Orthodox Jewish) groups that could force the Convention Center to close entirely. The decision may lead to a call for strengthening Israel's anti-proselytization legislation that presently only prohibits proselytizing through economic or emotional coercion.

Recent Scholarly Articles Of Interest

From SSRN:
Benjamin L. Berger, Law's Religion: Rendering Culture, (Osgoode Hall Law Journal, Vol. 45, No. 2).

Haider Ala Hamoudi, You Say You Want a Revolution: Interpretive Communities and the Origins of Islamic Finance, (February 1, 2007).

Roberto L. Corrada, The Interrelationship of Discrimination and Accommodation in Title VII Religion Cases, (October 2006, University Denver Legal Studies Research Paper No. 07-12).

Lawrence B. Slolum, Pluralism and Public Legal Reason, (William & Mary Bill of Rights Journal, Vol. 15, pp. 7-23, 2006).

From SmartCILP:
Daniel Gordon, A Constitutional Res Gestae: Ending the Dueling Histories of Everson and McCollum and the Nazi State, 16 Widener Law Journal 1-42 (2006).

Diane Heckman, One Nation, Under God: Freedom of Religion In Schools and Extracurricular Athletic Events In the Opening Years of the New Millennium, (Abstract), 28 Whittier Law Review 537-624 (2006).

Elazar Nachalon, Structural Models of Religion and State in Jewish and Democratic Political Thought: Inevitable Contradiction? The Challenge for Israel, 22 Touro Law Review 613-744 (2006).
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The Autumn 2006 issue of Journal of Church and State (Vol. 48, No. 4) has recently been published.

Cert. Petition Filed In Church's Anti-Gay Billboard Case

A petition for certiorari has been filed in Okwedy v. City of New York. (365Gay.com, Feb. 9). The case involves a challenge to action taken by the president of the Borough of Staten Island who wrote a billboard company urging it to taken down an anti-gay billboard advertisement posted by Keyword Ministries church. (See prior posting.) In an August 16, 2006 summary order , the 2nd Circuit affirmed a New York district court's dismissal of plaintiff's claim that officials have construed New York City's Human Rights law in an unconstitutional manner. The Court of Appeals said that no city official was enforcing the Human Rights law when the request was made, and even if they were, the city is not bound by viewpoint neutrality in its own speech.

British Parents Protest Halal Menus In School

In Britain, a number of parents are protesting a primary school's attempt to accommodate religious needs of its growing Muslim student body. Kingsgate Primary in West Hampstead has begun serving only Halal meat in its lunch menus. The school's headmistress says that a majority of families support the move, but protesters say the school is forcing their children to to conform to "someone else's culture". Muslim parents say the protesters are guilty of racism. This Is London on Friday reported that Kingsgate is one of four schools in West Hampstead to institute halal-only menus.

Lawyer Sanctioned For Frivolous RICO Claims Against Catholic Church

AM New York yesterday reported that federal district judge Paul A. Crotty imposed an $8000 fine on attorney John A. Aretakis for bringing a series of baseless lawsuits claiming that a cover-up of priest sexual abuse by leaders of the Roman Catholic Church amounted to a violation of the Racketeer Influenced and Corrupt Organizations statute (RICO). Aretkis claims there was nothing frivolous in his allegations of "an organized, institutional, long-ranging criminal conspiracy" by church officials who were trying to protect priests accused of abusing children. The Rule 11 sanctions came as part of a ruling Friday in which the court dismissed a racketeering lawsuit in which Newark, NJ priest, Robert Hoatson, claimed he was forced out of a parochial school job for criticizing the church's handling of abuse cases. If available, a RICO claim might be brought even though state statutes of limitations had expired.

O'Connor On 8th Circuit Panel Hearing Challenge To Faith-Based Prison Program

According to the Associated Press, retired U.S. Supreme Court Justice Sandra Day O'Connor will be one of the three judges on a panel of the U.S. 8th Circuit Court of Appeals next week that will hear the appeal in Americans United for Separation of Church and State v. Prison Fellowship Ministries, a case in which an Iowa district court held that InnerChange, a state-financed faith-based prison rehabilitation program, violates the Establishment Clause. (See prior posting.) The district court opinion being appealed mentioned Justice O'Connor four times in its 140 pages as it referred to church-state decisions that she authored.

Mandaeanism Threatened As Communities Are Forced From Iraq and Iran

An Associated Press story yesterday reported that one of the lesser-known casualties of the Iraq war is the disappearance of Mandaeanism, a 2000 year old religion that looks to John the Baptist as its great teacher. Only 5000 to 7000 or the original 60,000 Mandaeans remain in Iraq-- and they are in increasing danger of being killed. Many Mandaeans have fled to various parts of the world, including Jordan, Syria and the United States. Mandaean communities have been set up around New York and Detroit. Driven from both Iraq and Iran, many Mandaeans have become successful in their diaspora. However the religion's few dozen priests that are left have failed to agree on how to bring children of mixed marriages into the faith. This creates concern that the religion may not survive

University of Georgia Will Permit Religious Membership Limits In Student Groups

Yesterday, the University of Georgia approved a policy that will permit faith-based student organizations to restrict membership to students of the same faith and still qualify for state funds and other support from the university's Campus Life office. Online Athens reports today that this is likely to lead to the dropping of a lawsuit that had been filed against the University by the student group Beta Upsilon Chi, also known as Brothers Under Christ. (See prior posting.)

Minnesota Ends Funding Of Faith-Based Pre-Release Program

The Minnesota Department of Corrections is ending its $100,000 per year subsidy to the faith-based InnerChange prisoner pre-release program. Today's St. Paul Pioneer Press reports that the policy change was motivated by budgetary, rather than church-state, concerns. Department of Corrections Commissioner Joan Fabian said that after the state had negotiated its second 2-year contract with the group, she found out that InnerChange was operating in Texas prisons without charge. Apparently one of InnerChange's board members has told Fabian that it would operate free of charge in Minnesota as well. Iowa's InnerChange program was struck down by a federal district court, and the appeal of that decision is to be argued next week in the U.S. 8th Circuit Court of Appeals. However Minnesota contends that its program is sufficiently different that it would survive constitutional challenge.

Homeless Street Preacher Charged With Trespass

Today's Palm Beach Post reports on the latest trespassing arrest of Michaelene Cooney, a homeless street preacher. Her latest of 18 trespassing arrests occurred after she insisted on preaching under the archway at the Palm Beach County, Florida, Courthouse instead of moving onto the sidewalk. Judge Barry Cohen released her on her own recognizance and set a trial date of March 12. He said, however, that even if convicted she would not go to jail. Cohen announced, "I don't want her housed in jail. She's not a criminal". He also said that eliminating the possibility of jail time means that she will not be entitled to a public defender and will not tie up resources.

Sex-Segregated Busses In Israeli Haredi Neighborhoods Challenged

In Israel last week, Naomi Ragen, an Orthodox Jew and a feminist author, filed a lawsuit against the Ministry of Transportation and the Egged Bus Cooperative that operates most public bus lines. The suit seeks an end to the 30 sex-segregated bus routes in which women are required to sit at the back of buses. The controversial bus routes were begun 10 years ago as a concession to ultra-Orthodox Jews who threatened to boycott buses otherwise. the lawsuit claims that Ragen and four other women were verbally harassed and in some cases physically beaten by Orthodox men on the buses when the women refused to comply with seating requirements. Middle East Online, reporting on this today, also says that in recent months, some Haredi (ultra-Orthodox) men in religious neighborhoods at Jerusalem's northern edge have run "modesty patrols" that splattered bleach on women they consider dressed immodestly.

California Episcopal Diocese Precluded From Raising New Claim Against Break-Away Church

In San Diego, California, a state Superior Court judge ruled last week that the Episcopal Diocese of San Diego could not amend its lawsuit to assert a new claim that it in fact owns the property on which the break-away congregation, St. John's Anglican Church, worships. The North County Times last week reported on the court's ruling that the case had ended with the court's decision last November invalidating a purported election of a new board loyal to the Diocese.

Christian Exodus Group To Focus On One South Carolina County

Christian Exodus is a group of conservative Christians that is trying to encourage like-minded people to move to South Carolina in order to attain political power and transform government to reflect Christian values. (See prior posting.) The Associated Press reported yesterday that the group has now decided to focus on Anderson County for the next few years in order to speed up a show of results. Since the group began 4 years ago, only 15 families have actually moved to South Carolina. Christian Exodus founder Cory Burnell says that with as few as 100 activists they could have an impact in one county. Rick Adkins, chairman of the Anderson County Republican Party, said he thinks the group could win a County Council seat by 2008. Among the positions advocated by Christian Exodus is that the 14th Amendment was illegally ratified.

West Virginia Considering Moment of Silence For Schools

Joe DeLong, Democratic majority leader in the West Virginia House of Representatives, has introduced legislation to provide for a "moment of silence" in public schools. The Wheeling News Register yesterday says that the language of the bill is modeled on one enacted by Virginia in 2000. DeLong says that a moment of silence would eliminate the "feeling of uncomfortability for those who would choose to pray anyway."

Pakistani Seminary Students Protest Eviction of Mosques and Seminaries

The Associated Press reported yesterday on an unusual protest in Islamabad, Pakistan by 200 female seminary students wearing burqas and carrying canes. Government authorities have begun to demolish more than 84 mosques and seminaries built without permission on state land. The protest is supported by Abdul Rashid Ghazi, a prominent critic of Pakistan's support for the war on terror led by the United States. Pakistan's President Gen. Pervez Musharraf has said that mosques or madrassas in "encroached areas" would be relocated, and that the government will "move against" extremists at mosques who promote hatred and encourage suicide bombers.

New Passport Rules Pose Problems For Amish

Yesterday's Lancaster (PA) New Era reports on problems that new passport rules pose for members of the Amish faith who object on religious grounds to being photographed. Many Amish travel to Mexico or Canada for less expensive health care. Rules implementing the Intelligence Reform and Terrorism Prevention Act of 2004 require that air travellers from Mexico and Canada carry a passport, and the requirement will apply to those who travel by land and sea beginning in 2008. U.S. Rep. Joseph Pitts, trying to help the Amish resolve their problem, says he is exploring whether a fingerprint or retinal scan could be used instead of a passport photo.

New Survey Of Physician Views On Conscientious Objection

Today's issue of the New England Journal of Medicine carries a special article titled Religion, Conscience, and Controversial Clinical Practices. It reports on a survey of 1144 practicing U.S. physicians regarding their views on situations in which patients request a legal medical procedure to which the physician objects on moral grounds. The study concluded that "most physicians believe that it is ethically permissible for doctors to explain their moral objections to patients (63%). Most also believe that physicians are obligated to present all options (86%) and to refer the patient to another clinician who does not object to the requested procedure (71%).... [However] many physicians do not consider themselves obligated to disclose information about or refer patients for legal but morally controversial medical procedures. Patients who want information about and access to such procedures may need to inquire proactively to determine whether their physicians would accommodate such requests." Today's Chicago Tribune reports on the study.

ACLU Challenges Florida County 10 Commandments

As previously reported, groups objecting to the new 10 Commandments monument placed on the Dixie County, Florida courthouse steps have had difficulty finding a plaintiff to file suit. Yesterday, however, the ACLU of Florida has announced that it has filed a federal lawsuit challenging the 6-ton granite monument (photo). The complaint (full text) alleges that the suit is brought by the ACLU and that at least one of its members has been harmed by unwelcome contact with the Display resulting from the need to use county facilities available only at the courthouse. Yesterday's St. Petersburg Times reports on the case, as does the Associated Press. Florida ACLU Executive Director Howard Simon says the lawsuit is likely to be very unpopular in Dixie County. Brian Rooney, a spokesman for the Thomas More Law Center that has offered to represent the County without charge, says that it questions the failure of the lawsuit to name an individual as plaintiff along with the ACLU. There may not be a true case or controversy present.

School Argues For Dismissal Of Challenge To School Discussion Of Gay Families

The Associated Press reported on a hearing yesterday in a Boston courtroom in which Lexington, Massachusetts school officials argued for dismissal of a case challenging the school's use of books in kindergarten that portray same sex couples. Two sets of parents who sued argue that the school has violated their right to teach their own morals to their children by refusing to notify parents before homosexuality is discussed in their children's classroom. They want to be able to remove their children from class discussions that violate their religious beliefs. The suits were triggered by a book portraying a gay family, and the reading of the fairy tale "King and King" that portrays two princes falling in love.

UPDATE: On Feb. 23, a federal judge dismissed the case saying that parents' free exercise rights are not violated when their children are exposed to contrary ideas in school. (AP).

Muslim Teacher Harassed On Religious Grounds By Oklahoma Police

Little Rock (AK) THV News reports that a Little Rock kindergarten teacher, Nadiah Yusuf, has received an apology from the town of Webbers Falls, Oklahoma for the religious harassment to which she was subjected last November by two of the town's police officers. When Yusuf, on her way home from a teacher's conference in Tulsa, was pulled over for speeding, the officers-- seeing she was hearing a headscarf-- asked her if she knew the person who flew the plane into the World Trade Center. They also asked her why she was not a Christian, made her explain her religious beliefs and asked her if she had a copy of the Koran in her car. They detained her for over an hour searching her belongings for knives, guns or explosives. The town has fired one of the officers and demoted the other. Yusuf says both officers should be fired, and may sue if they are not.

Lawyers Argue Prisoner RLUIPA Case Before 1st Circuit

The Associated Press reported on yesterday's oral arguments before the U.S. 1st Circuit Court of Appeals in Spratt v. Wall, a case arising under the Religious Land Use and Institutionalized Persons Act. (See prior posting.) At issue is whether the warden at a Rhode Island prison was justified in prohibiting convicted killer Wesley Spratt from preaching to fellow inmates in a maximum security unit of the prison. Spratt believes he has been called upon by God to preach to other Christians and preached to an inmate congregation at weekly services in the prison chapel or dining room before a new warden stopped the practice. The state argued that prison was entitled to act pre-emptively to prevent potential security risks.

Christian British Docs Want Exemption From New Rules On Gay Adoptions

In Britain, it is not only Catholic social service agencies that are seeking an exemption from new regulations under the Equality Act-- scheduled to take effect in April-- that prohibit discrimination against gay and lesbian couples who wish to adopt a child. (See prior posting.) Christian Today reports that a Christian doctor who is a medical advisor to a local adoption agency has asked the government to give physicians an opt-out on moral grounds when they are asked to provide a reference to gay couples seeking to adopt. Dr. John Lockley from Bedfordshire says that physicians are often called upon to conduct medical exams of potential adoptive parents and to give a recommendation as to their suitability as adoptive parents. He says that without an exemption, he could be subject to disciplinary action by the adoption agency, or even by the General Medical Council, if he refuses on conscientious grounds to give positive references for same-sex couples.

Trial Begins In Palm Beach Church's Attempt To Keep Open As Homeless Shelter

The South Florida Sun-Sentinel reports on testimony in yesterday's the trial of a civil lawsuit filed by Palm Beach County's Westgate Tabernacle Church that is fighting county efforts to close down its operations as a homeless shelter. (See prior posting.) Westgate claims that the county is violating its religious freedom when it interferes with its housing the homeless. County Commissioners disagreed in their testimony as to whether Palm Beach County currently has sufficient shelter spaces for the homeless. Many of the homeless people served by Westgate attended the trial.

UPDATE: Saturday's South Florida Sun-Sentinel reports that the jury in the state court trial has returned a verdict, finding that the county did not interfere with Westgate Tabernacle Church's religious freedom to shelter the homeless. It did, however, find that a substantial burden was placed on the religious exercise of Bishop Avis Hill, but that the Florida Religious Freedom Restoration Act (RFRA) was not violated because the regulations were the least restrictive means to insure public safety. Rev. Alan Clapsaddle and Westgate's attorney Barry Silver said they would seek a new trial or would appeal on the grounds that the court misinterpreted provisions of RLUIPA and Florida's RFRA.

French Trial Of Paper On Muhammad Cartoons Opens

In a French court, a trial opened today in a suit brought by the Grand Mosque of Paris and the Union of French Islamic Organizations against the publication Charlie Hebdo which is accused of inciting racial hatred by reprinting the Danish caricatures or the Prophet Muhammad. (Reuters). In a surprise move, the newspapers introduced a letter of support from leading presidential candidate, Interior Minister Nicolas Sarkozy. The Interior Ministry is responsible for religious affairs. His letter read in part: "I prefer an excess of caricatures to an absence of caricatures." (Washington Post). Meanwhile in a show of support for Charlie Hebdo, the French newspaper Liberation today again printed the controversial cartoons.

Problems In Israeli Rabbinical Court System Highlighted By Israeli Press

In Israel, today's Knesset approval of the controversial Professor Daniel Friedmann as the next justice minister is expected to help break the logjam over appointments of new judges to Israel's rabbinic courts. The Jerusalem Post reported yesterday that the Council for Rabbinic Judge Appointments has been deadlocked for over three years. 13 vacancies need to be filled, and a meeting of the Council is scheduled for March 29 to make the appointments. The picture is a complex one. Haredi (ultra-Orthodox) members control the Council by a 5-4 majority. Among them, there is disagreement on the allocation of power between Ashkenazi and Sephardi factions. The minority on the Council represent the modern-Orthodox movement, including one modern Orthodox feminist-- Sharon Shenhav -- who says that the appointment of Friedmann -- a professional who is not politically aligned-- could weaken Haredi control of the Council. Past justice ministers have used their power to convene or dismiss the Council to attempt to get compromise agreements on appointments.

Meanwhile, Haaretz reports on the problems being caused for a divorced woman by the Israeli Supreme Rabbinical Court's delays in deciding on the validity of the religious divorce-- get -- granted to her by her husband. The husband granted his wife a get, conditioned on their continuing to resolve other issues that had already been raised in the Tel Aviv Rabbinical Court. Subsequently the wife filed a petition in the civil Family Court relating to her children's education, saying that this was never a part of the original rabbinical court proceedings, so there was no problem in raising it elsewhere. The Tel Aviv Rabbinical Court however said that the filing with the Family Court raised doubts about the validity of the original get. Meanwhile, relying on the get, the wife had already remarried and had a child with her new husband. If the get is cancelled, she will be seen as legally still married to her first husband-- and the child will be considered a "mamzer" who, under Jewish religious law, is limited in who he or she can marry.

South Carolina County Moves To Moment of Silence

In Oconee County, South Carolina, in hope of ending "the County being used as a Ping Pong ball", county council voted 4-1 on Tuesday to open meetings with a moment of silence instead of a prayer. For two years the ACLU has been complaining about Council opening its sessions with a sectarian prayer, explicitly invoking Jesus. (See prior posting.) Yesterday's Anderson (SC) Independent Mail reported on the council session at which the decision was made. Before the official opening of the session, three individuals in attendance offered competing prayers, one asking for moral courage to govern rightly in Jesus' name, one offered in the name of the Constitution of the United States and the rule of law the council swore to uphold, and a third-- interrupted by the start of the Council session-- described as a humanist and atheist prayer. An Alliance Defense Fund attorney at the Council session called the decision to move to a moment of silence cowardly and unfortunate. ADF had volunteered its services to represent the County if its practice of opening prayers was challenged in court.

Scientology Foe Arrested After Fleeing Misdemeanor Conviction

Keith Henson, a Silicon Valley engineer and long-time opponent of Scientology was arrested Friday in Arizona and faces extradition to California to face sentencing for a misdemeanor conviction handed down in 2001. CNet News yesterday reported that Henson's conviction under California Penal Code Sec. 422.6 for threatening to interfere with another person's free exercise of religion stemmed largely from an online posting on a Usenet bulletin board in which he joked about sending a nuclear "Tom Cruise" missile against a Scientology compound. He also had picketed Scientology buildings. After his conviction in 2001, Henson fled to Canada and has remained a fugitive until now. (Slashdot, Feb. 5).

Court Refuses Delay In Challenge To Faith-Based Prison Program

In Moeller v. Bradford County, 2007 U.S. Dist. LEXIS 7965 (MD PA, Feb. 5, 2007), a Pennsylvania federal magistrate judge rejected defendant's motion to stay proceedings in a case challenging the constitutionality of federal, state and local funding of a faith-based vocational training program in the Bradford County (PA) Correctional Facility. (See prior posting.) Defendant had argued that the case should not move ahead until the U.S. Supreme Court hands down its decision in the pending case of Hein v. Freedom From Religion Foundation. (See prior posting.) The court wrote: "It is speculative as to if any decision issued by the Supreme Court in Hein would in fact affect our case and the standing decision this Court has rendered, and it is speculative as to when the Supreme Court will issue its decision."

Canadian Court Permits Forced Blood Transfusion For Minor

In Canada, the Manitoba Court of Appeal has unanimously decided that lower courts may reject a minor's desire to not have a blood transfusion if doing so will likely save the individual's life. The Winnipeg Free Press yesterday reported that the appellate court's opinion, written by Justice Freda Steel, held that while forcing treatment may violate a child's rights under the Canadian Charter of Rights, those rights can be over-ruled to save the child’s life. She said: “Given the ... concerns of sanctity of life and protection of children, the infringement is not contrary to the principles of fundamental justice. The state does have a continuing interest in the welfare of a child."

California Court Orders Wisconisn Diocese To Release Records

In Los Angeles, California, Tuesday a Superior Court judge ordered the Archdiocese of Milwaukee to make public 3,000 pages of insurance records and hundreds of pages from files on a priest who had been convicted of molestation before he was transferred to California. Yesterday's Washington Post reported that the court rejected claims by the Archdiocese that release of the records would violate third-party privacy rights, the First Amendment and the Archdiocese's confidential business rights. The court's holding only applies to priests, like Siegfried Widera, who have died and in whose cases no protective order has been issued.

Turkey Celebrates 70th Anniversary of Secularism

In Turkey, this week marks the 70th anniversary of the Constitutional recognition of secularism as a basic foundation of the country's legal system. Todays Zaman reports on a message from Prime Minister Tayyip Erdoğan praising secularism as a foundation of Turkey's democracy. Sabah reports on a message from Turkish President Ahmet Necdet Sezer similarly marking the anniversary.

DC Circuit Prevents Chaplain's Discharge From Navy Pending Decision On Appeal

Chaplain Gordon J. Klingenschmitt is in the midst of a dispute with the U.S. Navy over chaplains' right to offer sectarian prayer at public events, and over his right to wear his Navy uniform at a press conference challenging the Navy policy. As reported previously, Klingenschmitt's tenure as chaplain was set to expire on January 31, as the Navy refused to accept his new endorsement as a chaplain from the Full Gospel Church. Klingenschmitt went to court and the U.S. federal district court for the District of Columbia refused to enjoin his discharge. Klingenschmitt then appealed to the U.S. Court of Appeals. In Klingenschmitt v. Winter, 2007 U.S. App. LEXIS 2339 (DC Cir., Jan. 31, 2007), the Court of Appeals, without ruling on the merits, enjoined the military from effectuating Klingenschmitt's separation from the Navy while the court is considering his appeal. Friday's Army Times reported on the decision. [Thanks to Alliance Alert for the lead.]

Liberal Muslim Group Will Help Fund British School's Battle Against Niqab

As previously reported, in Britain's Buckinghamshire County a public school has banned a 12-year old Muslim girl from wearing her niqab (full face veil) to classes. However, the County's Council refused to pay for the school's litigation costs to defend its decision after it was sued by the girl's father. Now the Muslim Educational Centre of Oxford (Meco)-- a liberal Muslim group-- has offered to contribute toward the school's legal costs. This Is London yesterday reported that Meco's chairman, Taj Hargey, said in his letter to the school: "We trust that you will continue to resist any move to implement this kind of minority ethnic obsession, which has no foundation whatsoever in Islamic law.... It is high time that moderate progressive Muslims tackle extremists on their own theological grounds."

Free Exercise Challenge To Hospital Closing Rejected By NY Court

St. Joseph Hospital of Cheektowaga, NY v Novello, (NY S.Ct., Erie Co., Feb. 2, 2007), a New York state trial court rejected a lengthy series of challenges by a Catholic hospital challenging the recommendation by the state's Commission on Healthcare Facilities in the 21st Century that the hospital be closed. Among otter claims, the court rejected the hospital's state and federal free exercise of religion claim. Plaintiffs had claimed unequal treatment in the amount of time they were given to meet with the Commission and that the closing prevented the hospital from practicing its religious ministry.

Texas HPV Immunization Order Said To Create Complex Religious Discrimination Issue

On Feb. 2, Texas Governor Rick Perry issued Executive Order RP65 , ordering the Texas Health and Human Services Commission to adopt rules requiring the girls to receive the new vaccine against the Human Papillomavirus before they enter the sixth grade. (Press release). The vaccine protects girls against later contracting a sexually-transmitted disease that leads to cervical cancer. The Executive Order, however, requires that parents be able to submit an affidavit of conscientious objection if they object on conscientious or religious grounds to their daughter receiving the immunization. Indeed it calls for making affidavits available online.

Perry used the Executive Order route in order to bypass opposition in the state legislature by conservatives and parents' rights groups. (Associated Press.) Responding to critics of his order, the Governor in a February 5 statement said, "Providing the HPV vaccine doesn't promote sexual promiscuity anymore than providing the Hepatitis B vaccine promotes drug use. If the medical community developed a vaccine for lung cancer, would the same critics oppose it claiming it would encourage smoking?"

Yesterday, the Catholic group "Children of God for Life" (CGL) issued a release setting out a rather elaborate-- and somewhat dubious-- legal theory as to why the conscientious objection provisions in Governor Perry's Executive Order will create problems. In 2006, the Texas Attorney General ruled in Opinion No. GA-0420 that private schools-- including religious schools-- not accepting state funds did not have to honor immunization exemptions granted by the state-- e.g. exemptions for those who object to chicken pox vaccines that may have been made from fetal cell lines. According to CGL executive director, Debi Vinnedge, refusing to recognize exemptions for vaccines from fetal cells, but recognizing the exemption for HPV vaccine, could amount to illegal religious discrimination by private religious schools. They may not be able to favor one religion's objections over another's.

State Department Website Features Muslim Congressman

Yesterday, the U.S. State Department's USINFO website carried an interview with Minnesota Representative Keith Ellison, the first Muslim elected to Congress. Saying that his constituents elected him because of his values, he continued: "The values that underlie Islam ... are shared by all faith traditions. Belief in charity, in giving to others in need and facing adversity, the belief in equality and justice -- there is no religion, including Islam, that has a monopoly on these ideas.... In fact, they're not just compatible with democracy; they drive us toward a society in which there is consultation, in which there is input and approval from the populace." Emphasizing his point, Ellison, the article pointed out, quoted by memory a Quranic verse, Surah 49:13, that says humanity was "created you from a single pair, male and female, and fashioned you into tribes and nations, so that you would know each other ... and not hate and despise each other. Surely the most honored among you is the one who is most righteous and just."

Paraguay Bishop Suspended After He Announces As Presidential Candidate

Zenit earlier this week reported that Paraguay's Bishop Fernando Armindo Lugo Méndez has been suspended from exercising his ministry after he announced that he intends to run for President of the country in its 2008 elections. The Vatican said it regretted the decision, but it is required by Canon Law. Section 285 (Par. 3) provides: "Clerics are forbidden to assume public offices which entail a participation in the exercise of civil power." Cardinal Giovanni Battista Re, prefect of the Vatican Congregation for Bishops, imposed "the punishment of suspension 'a divinis' in keeping with Canon 1333, Paragraph 1" of the Code of Canon Law. In addition, Paraguay's Constitution (Art. 235(1)(5)) does not permit ministers or clergymen of any religion to hold the post of President. Mendez had already resigned from his active ministry in order to run. (Catholic News Service, Jan. 12).

USCIRF Focuses on China; U.S. Asylum Seekers

Last week (January 31), the U.S. Commission on International Religious Freedom held hearings on The Many Faces of China’s Repression: Human Rights, Religious Freedom, and U.S. Diplomacy in China. The text of the testimony of five of the witnesses is available online. Baptist Press yesterday, reporting on the hearings, said that the upcoming 2008 Summer Olympics in China are driving China to change its regulation of religion to appear more tolerant of Christians to the international community.

On Feb. 2, USCIRF released Report on Asylum Seekers in Expedited Removal, making recommendations on the protection and detention of asylum seekers.

UPDATE: The Associated Press reported on Feb. 8 that Sen. Joseph Lieberman and Rep. Chris Smith plan to introduce legislation to require the Department of Homeland Security to carry out the recommendations on treatment of asylum seekers recommended in USCIRF's report.

Michigan Court Dismisses Challenge To Islamic Association Election

In Syed v. Islamic Association of Michigan, (MI Ct. App., Feb. 1, 2007), a Michigan state court of appeals dismissed a challenge by a member of an Islamic religious-charitable-educational organization to the procedures used to replace the organization's trustees who had resigned. Relying on the ecclesiastical abstention doctrine, the court held that it lacked jurisdiction because determining whether the election process was improper would also require determining whether the organization violated it own policies and procedures. the trial court had ruled in favor of the defendants on different grounds.

Foreigners Arrested By Saudi Religious Police For Partying Are Convicted

Both the Guardian and the Associated Press yesterday report that a Saudi Arabian judge has sentenced 20 foreigners to several months in prison and to lashes for arranging, attending and videoing a party where they drank alcohol and where men and women danced together. They were among 433 foreigners -- over half women-- who were arrested by Saudi religious police for arranging an "impudent" party held in Jiddah . Since May, the power of the religious police has been limited to arresting suspects. Previously they sometimes had held people incommunicado and took part in ensuing investigations.

Many New Scholarly Articles Of Interest Appear

From SSRN:

Kenneth C. Halcom, Taxing God, (Jan. 30, 2007).

Lee J. Strang, The (Re)Turn to History in Religion Clause Law and Scholarship, (Notre Dame Law Review, Vol. 81, No. 5, p. 1697, 2006).

Gerard V. Bradley, The Blaine Amendment of 1876: Harbinger of Secularism, (Jan. 30, 2007).

Ronald J. Krotoszynski Jr., If Judges Were Angels: Religious Equality, Free Exercise, and the (Underappreciated) Merits of Smith, (January 2007, Washington & Lee Legal Studies Paper No. 2007-06).

Assaf Likhovski, The Time Has Not Yet Come to Repair the World in the Kingdom of God: Israeli Lawyers and the Failed Jewish Legal Revolution of 1948, (October 2006).

Lyman Johnson, Faith and Faithfulness in Corporate Theory, (Catholic University Law Review, Vol. 56, 2007 ).

From SmartCILP:

Tom Boellstorff, Domesticating Islam: Sexuality, Gender, and the Limits of Pluralism. (Reviewing John R. Bowen, Islam, Law, and Equality in Indonesia: An Anthropology of Public Reasoning; and Michael G. Peletz, Islamic Modern: Religious Courts and Cultural Politics in Malaysia) 31 Law & Social Inquiry 1035-1053 (2006).

Jason C.T. Chuah, Islamic Principles Governing International Trade Financing Instruments: A Study of the Morabaha in English Law, 27 Northwestern Journal of International Law & Business 137-170 (2006).

Heather Cook, Service Before Self? Evangelicals Flying High at the U.S. Air Force Academy, 36 Journal of Law & Education 1-32 (2007).

Chet K.W. Pager, The Establishment of Evolution: Public Courts and Public Classrooms, 81 Tulane Law Review 17-65 (2006).

Andrew White, Breathing New Life Into the Contemporary Islamic Waqf: What Reforms Can Figh Regarding Awqaf Adopt From the Common Law of Trusts Without Violating Shari-ah?, 41 Real Property Probate and Trust Journal 497-527 (2006).

Symposium: La Conception Americaine de la Laicite, University of Paris II (Pantheon-Assas)--Paris, France, January 28, 2005. Articles by Daniel O. Conkle, Christopher L. Eisgruber, Frederick Mark Gedicks, Carol J. Greenhouse, Douglas Laycock, Michael J. Perry and Elisabeth Zoller, 13 Indiana Journal of Global Legal Studies 417-594 (2006).

Egyptian Government Opposes Muslim Brotherhood

Front Page Magazine today carries a long story on the growing tensions between the Egyptian government and the Muslim Brotherhood. The growing political challenge by the group is seen by President Mubarak's government as a threat to Egypt's security. Egypt's religious establishment is upset with the group because its demonstrations have made it appear that Al-Azhar University is exporting terrorism. Muslim Brotherhood leaders say the group will create a civil political party with an Islamic source of authority. (See prior related posting.)

Bill Would Add "Under God" To Texas Flag Pledge

Probably few people know that the state of Texas has a formal Pledge of Allegiance to the state flag of Texas. Texas Government Code, Sec. 3100.101 provides that it is: "Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible." Last week, Texas state Representative Debbie Riddle introduced HB 1034 into the Texas Legislature to add a reference to God in the pledge. If enacted, the new pledge would be: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." WFFA-TV yesterday, reporting on the bill, quoted Rep. Riddle: "Our nation and our state was founded on Judeo-Christian ethics, Judeo-Christian values and I think it's a good thing to recognize that."

New Jersey Muslim Corrections Officer Claims Religious Discrimination

In Passiac County, New Jersey, Tamir Kozrosh, a Muslim provisional corrections officer says that he was fired by the sheriff's office for complaining about ongoing religious harassment. The Passiac County Herald News reports that Kozrosh says he was continually passed over for promotion. He claims he was reprimanded for refusing to work overtime during Ramadan, was yelled at for requesting that his food not be cooked on a grill covered with pork and was subjected to constant Muslim jokes, such as the posting of a doctored poster of his face superimposed on a poster of Osama bin Laden. A sheriff's office spokesman said that Kozrosh participated in making some of the doctored posters. The sheriff's department says he was fired primarily because he refused to cooperate in an internal affairs investigation of a complaint from a woman about an anonymous sexually explicit phone call from someone using a nickname said to have been used by Kozrosh.

Germany's Merkel Will Not Wear Head Scarf In Saudi Arabia

The UPI reported Friday that German Chancellor Angela Merkel who is beginning a tour of four Arab countries-- including Saudi Arabia-- has plans to appear there in public without wearing a headscarf . Saudi law says that women may only appear in public if they wear a headscarf and a long black garment. However the requirement is no longer enforced against foreign visitors. Merkel will follow the precedent set by U.S. Secretary of State Condoleezza Rice who appeared in Riyadh wearing a pants suit and without her hair covered.

City Says Prohibition On Animal Sacrifice Is Not "Land Use" Law

In Euless, Texas, the city has moved to dismiss a RLUIPA suit brought against it by a Santeria priest who who was refused a permit to sacrifice animals at his home in a religious ceremony. (See prior posting.) The city ordinance permits the slaughter of chickens so long as they are used for food. But it would not permit the slaughtering of goats that Santeria priest, Jose Merced, and his followers were preparing to do. According to yesterday's Dallas Morning News, the city claims that its law prohibiting the slaughtering of animals anywhere in the city is a health and safety law, not a "land use" regulation covered by RLUIPA. RLUIPA, Sec. 8(5), defines a "land use regulation" as "a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land)".

Settlement Will Allow Religious Charities In Florida State Employee Campaign

The Alliance Defense Fund announced on Friday that a settlement has been reached in Association of Faith-Based Organizations v. Lewis, a case in which faith-based charities were seeking the right to participate in the Florida State Employees’ Charitable Campaign. (See prior posting.) Under the agreement, Florida officials have adopted new regulations that allow religious charities to be included in the voluntary payroll deduction program, even when those charities use religious criteria in their hiring of staff members.

Vietnam Issues Religious Policy White Paper

Voice of America reported on Friday that Vietnam has released its first government white paper on religious policy. The report reflects the Hanoi government's new more friendly approach to religion. Nguyen The Doanh, the vice chairman of the Government Committee on Religious Affairs, says that the government is making it easier for new religions to be recognized. However, despite new national policies, some provincial authorities still ban certain religious practices and interfere with Protestant leaders.

Proposal To Reinforce French Secularism

In France, the High Council on Integration is recommending a new charter to further define separation of church and state in the activities of government employees and in the provision of government services. The National Secular Society reports today that the need for new charter was emphasized by recent incidents in which male doctors in hospital maternity wards are subject to insults and physical attacks by Muslim husbands who object to doctors’ touching their wives in the course of medical examination or treatment. The new charter on secularism would be distributed at public events, including ceremonies at which immigrants are granted French citizenship.

6th Circuit: First Amendment Protects Expletive Using "God"

In Leonard v. Robinson, (6th Cir., Feb. 2, 2007), the U.S. 6th Circuit Court of Appeals reversed a lower court’s grant of summary judgment to defendant and sent back for trial a civil rights claim growing out of an arrest of a local resident Thomas Leonard who got into a heated argument at a Montrose (MI) Township Board meeting. In a 2-1 decision, the majority held that “no reasonable officer would have found probable cause to arrest Leonard solely for uttering “God damn” while addressing the township board because the First Amendment protects this sort of uninhibited debate”. In the course of its opinion, the majority held unconstitutional Michigan Compiled Laws § 750.103 that makes it a misdemeanor for “Any person who has arrived at the age of discretion … [to] profanely curse or damn or swear by the name of God, Jesus Christ or the Holy Ghost….” The majority said that the section “if not facially invalid, is radically limited by the First Amendment”. The majority also found constitutional problems with the potential application of three other Michigan statutes to Leonard’s speech.

Judge Sutton, dissenting in part, said: “While I am prepared to accept the majority’s judgment that the application of all four statutes to Leonard violated his First Amendment rights, I am not prepared to accept its judgment that the Supreme Court, our court or the Michigan courts had clearly established the unconstitutionality of all four of these duly enacted laws before this incident.” The Associated Press today reported on the decision. [Thanks to How Appealing for the lead.]

British Jewish Community Divided On Gay Adoption Rules

In Britain, organizations in the Jewish community differ somewhat in the extent of their support for the Catholic Church’s strong opposition to new Sexual Orientation Regulations that will require religiously sponsored social service agencies treat gay and lesbian couples equally with heterosexual couples in placing children for adoption. (See prior posting.) On Thursday, TotallyJewish.com reported that Britain’s Federation of Synagogues called for strong support of the positions of the Catholic Church and the Church of England in opposition to the new requirements. However the Jewish Community’s leading adoption agency says it does not discriminate against any group or part of the community. Meanwhile, Britain’s Chief Rabbi, Sir Jonathan Sacks, has issued an ambiguous press release, saying that Jewish law is committed to marriage and family, but at the same time the Jewish community is committed to compassion and sensitivity. The Board of Deputies of British Jews also issued an ambivalent statement.

Religious Discrimination Claim Filed Against California Athletic Club

In Hollister, California earlier this week, a family has filed a religious discrimination lawsuit seeking $4000 in damages against a local athletic club. The Hollister Free Lance reported on Thursday that Andrew and Christine Martinez have sued because Rovella’s Athletic Club refused to permit their son to participate in its competitive swim program after the Martinez’ crossed out several religious references in the club’s handbook before they signed an acceptance of it. The Martinez family is Catholic, but does not feel that a swim club is the proper place for their son to be exposed to religion.

Recent Prisoner Religious Freedom Cases

In Smithback v. Texas, 2007 U.S. Dist. LEXIS 6033 (ND TX, Jan. 29, 2007), a Texas inmate brought a religious freedom challenge to a rule of the Texas Board of Criminal Justice that prohibited prisoners from placing extraneous drawings or illustrations on envelopes they mail out from prison. Plaintiff claims that prison authorities refused to let him send a letter to his family in an envelope containing a handwritten drawing of a large cross surrounded by the words "Jesus" and "LORD!" A federal Magistrate Judge held that this restriction did not substantially burden plaintiff’s free exercise of religion, and that prison authorities had a legitimate penological interest in imposing the restriction.

In Heleva v. Kramer, (3d Cir., Jan. 27, 2007), the U.S. 3rd Circuit Court of Appeals reversed a Pennsylvania district court’s dismissal of a prisoner’s free exercise of religion claim. The Court of Appeals held that the lower court erred in finding that books sent to him by his sister were not "religious". The lower court’s distinction between religious books and spiritual, self-help books was found to be untenable. Also the court held that the fact the prisoner’s claim is based on the deprivation of personal property—refusal to give him the books sent to him—does not prevent him from asserting a free exercise claim.

In Kay v. Friel, 2007 U.S. Dist. LEXIS 6391 (D UT, Jan. 26, 2007), and in the related case of Kay v. Bemis, 2007 U.S. Dist. LEXIS 6392 (D UT, Jan 25, 2007), a Utah federal district court rejected a Wiccan prisoner’ free exercise, establishment clause and RLUIPA claims growing out of allegations that officials at two different prisons variously prevented him from possessing items needed for religious practices, including tarot cards, a Dungeons and Dragons game, and a metal religious symbol, and prevented him from purchasing incense and certain books. The court held that plaintiff’s complaint contains no allegations of facts showing that the items he desires are necessary to the practice of the Wicca religion, nor does it describe the nature of the religious ritual he was prevented from conducting, nor—in the Bemis case-- does he make clear his religious affiliation. The state had a reasonable explanation for the lack of Wiccan religious services. Finally, the relief he sought under RLUIPA is unavailable to him.

In Young v. Beard, 2007 U.S. Dist. LEXIS 6950 (ED PA, Jan. 31, 2007), a Pennsylvania federal district judge, after a non-jury trial, rejected a prisoner’s claim that prison policy permitting religious musical bands—and permitting them to rehearse more frequently than secular bands—violates the establishment clause and equal protection clause.

In Nelson v. Miller, 2007 U.S. Dist. LEXIS 6580 (SD IL, Jan. 30, 2007), an Illinois federal Magistrate Judge dismissed various claims by a Catholic prisoner that prison authorities failed to furnish him a diet that complies with his religious beliefs. The court found that plaintiff failed to exhaust his administrative remedies as to one free exercise claim. His claim relating to denial of a vegan diet are moot because he is now receiving such a diet, and there is no reasonable expectation that it will be withdrawn. The court found that the 11th Amendment barred plaintiff’s damage claim under RLUIPA against defendant in his official capacity.

In Thompson v. Pennsylvania Department of Corrections, 2006 U.S. Dist. LEXIS 95008 (MD PA, filed Feb. 1, 2007), a Pennsylvania federal district court adopted recommendations of a federal magistrate judge rejecting claims of a Rastafarian prisoner who had been refused an exemption from a prison’s hair-length requirements. Officials found that his religious beliefs were not sincere. The court found that two of the defendants had in fact supported plaintiff’s claim for an exemption, so no cause of action lies against them.

NFL Says Church Super Bowl Parties Violate Copyright Laws

Yesterday's Indianapolis Star reports that the NFL is telling churches-- even through demand letters sent by overnight express-- that they will be violating the copyright laws if they host Super Bowl parties on large-screen TV's. NFL spokesman Greg Aiello said: "We have contracts with our (TV) networks to provide free over-the-air television for people at home. The network economics are based on television ratings and at-home viewing. Out-of-home viewing is not measured by Nielsen." The only exception is for sports bars and other businesses that show televised sports as a part of their everyday operations. The NFL also objected to plans by Fall Creek Baptist Church in Indianapolis to show a video at their Super Bowl party of the Christian testimonies of Colts coach Tony Dungy and Chicago Bears coach Lovie Smith. The NFL says that for groups other than businesses that regularly show televised sports events, gatherings are limited to use of one TV set no larger than 55 inches, no admission fees may be charged (even to pay for refreshments), no "message" may be promoted in connection with the game, and "Super Bowl" may not be used in the publicity. Christianity Today's Weblog has more on this story.

UPDATE: Compliments of a posting on Religionlaw by Marty Lederman, here are the copyright law sections involved. 17 USC 106(5) gives the copyright owner the "exclusive right" to "publicly display" an audiovisual work. However there is an exemption in 17 USC 110(5)(B) for displays that comply with certain limitations.

Senate Chaplain Cancels Out After Finding Conference's Political Slant

The Associated Press reports today that U.S. Senate Chaplain Barry Black has cancelled a speech he was scheduled to give at next month's Reclaiming America for Christ Conference after conference promoters put his photo-- along with those of prominent conservatives-- on a brochure promoting the event. Black told Senate Majority Leader Harry Reid that he was concerned that his appearance would violate the Senate chaplain's "historic tradition of being nonpolitical, nonpartisan, nonsectarian". Black is the first military chaplain, the first African-American and the first Seventh-day Adventist to hold the post of Senate Chaplain. When Black agreed to appear at the Reclaiming America for Christ Conference, he was not aware of the conservative slant of the event or who the other speakers would be. [Thanks to Blog from the Capital for the link, and to Steven Sholk for a heads up on the story.]

President Speaks At National Prayer Breakfast

Yesterday President Bush spoke at the 55th National Prayer Breakfast held at the Hilton Washington Hotel. In his remarks (full text) he said: "Prayer changes hearts. Prayer changes lives. And prayer makes us a more compassionate and giving people. When we pray we surrender our will to the Almighty, and open ourselves up to His priorities and His touch. His call to love our neighbors as we would like to be loved ourselves is something that we hear when we pray. And we answer that call by reaching out to feed the hungry and clothe the poor and aid the widow and the orphan."

This year's breakfast attracted 3600 guests from 170 nations and all 50 states and U.S. territories. The keynote speaker was Dr. Frances Collins, Director of the Human Genome Project. Among the other speakers was U.S. Congressman Mike McIntyre (D-NC) who hosted a spiritual heritage tour of the U.S. Capitol the night before the breakfast. (Topsail-Island.info).

Preliminary Injunction Granted To Student Anti-Abortion Protester

In M.A.L. v. Kinsland, (ED MI, Jan. 31, 2007), a Michigan federal district court granted a preliminary injunction against school officials to an 8th-grade student who was prevented from expressing his anti-abortion views at school last October to mark "Pro-Life Day of Silent Solidarity"-- an event sponsored by a Christian youth organization. (See prior posting.) The parties subsequently agreed that the student could wear red tape on his wrists and a sweat shirt containing a protest slogan. However they remained at odds on the school's literature distribution policy. The court found it likely that the plaintiff would succeed on the merits of his claim that the school's literature distribution policy is an unconstitutional violation of his First Amendment rights. A release by Alliance Defense Fund discusses the case as does an article in the Monroe (MI) News.

British Humanist Offical Urges End To Bishops' Seats In House of Lords

Ekklesia yesterday reported that in connection with discussions by the British government about House of Lords reform, Hanne Stinson, chief executive of the British Humanist Association, has urged that the practice of automatically setting aside 26 seats for bishops of the Church of England be ended. The House of Lords has a total of 746 members. In the past there have been suggestions about expanding representation to other religious groups, but Congregationalists, Quakers and others have objected to "religious representation" on principle. Stinson has urged that all appointment of Lords be solely on merit.

Federal Employee Has Partial Win On Discriminatory E-Mail Policy Challenge

In Gee v. Kempthorne, 2007 U.S. Dist. LEXIS 6695 (D ID, Jan. 30, 2007), an Idaho federal district court has dismissed as moot a First Amendment and RFRA claim by a Mormon employee of the Department of Interior Bureau of Reclamation, but has permitted the employee to move ahead with an equal protection claim for a declaratory judgment that in the future, regardless of the Department's computer use policy, Plaintiff may not be treated differently in the enforcement of those policies because of his religious beliefs. The case grew out of limitations placed on plaintiff's use of his office computer for non-government business after he sent out e-mails objecting to other e-mails he had received from Department employees about recognition of June as Gay and Lesbian Pride Month.

Court Rejects Delay Motion In Wiccan Grave Marker Suit

A federal district court judge in Wisconsin has denied a motion by the U.S. Department of Veterans Affairs to delay the start of a trial in a lawsuit seeking a decision on adding the Wiccan pentacle to the list of permissible symbols on veterans' memorial markers in national cemeteries. The Associated Press reported yesterday that in a one-line order, the court rejected a motion by the VA in Circle Sanctuary v. Nicholson to delay the trial while it finalizes a new rule on gravestone markers. The suit alleges that the VA has already delayed ruling on the matter for over nine years. (See prior posting.) Trial is now set to begin on the matter on June 29.

California Church Moves Ahead With RLUIPA Damage Claim

Yesterday's North County (CA) Times reports that Elsinore Christian Center will move ahead with a $1.9 million damage claim against the City of Lake Elsinore, CA for losses the church suffered when it was prevented from relocating to a downtown building. This follows the church's win last August in the 9th Circuit which upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act. (See prior posting.) A Los Angeles federal district court judge set January 31 as the trial date for this next phase of the case.

Former House Speaker Criticizes Wm. & Mary President

Former U.S. House of Representatives Speaker Newt Gingrich has published an article in National Review Online severely critical of Gene R. Nichol, the president of the College of William and Mary who decided that the state school's chapel would only display a cross on Sundays and during Christian services. (See prior posting.) Gingrich said that the President's "reasoning bears the unmistakable influence of former Supreme Court justice Sandra Day O’Connor, whose major contribution to church-state thinking centers on her concept of endorsement.... Unfortunately, the "endorsement test”"has proven itself a decidedly unhelpful legal criterion. It is indeterminate, bordering on arbitrary, because it focuses primarily on subjective perceptions; its first consideration is not how the law actually treats people, but rather how people feel they are treated by the law. Taken to its logical conclusion, the endorsement test leads to the rule of the perpetually aggrieved, a tyranny of the easily offended."

Arizona Bills Would Aid Women Who Flee FLDS Polygamous Community

Yesterday's Arizona Republic reported that two bills have been introduced into the Arizona legislature to assist women who have fled Colorado City's FLDS Church. Rep. David Lujan, an attorney with the non-profit Justice for Children, introduced HB 2325 that would severely limit courts in granting custody or unsupervised visitation rights to a parent who is practicing polygamy or child bigamy. This is designed to prevent having wives who have fled from being forced to send their children back to a father and his other wives. The second bill, HB 2647, would provide funding for transitional housing to women who have fled a polygamous relationship or have been victimized by child bigamy.

Canadian Marriage Commissioner Charged For Refusing To Perform Gay Marriage

In Regina, Saskatchewan yesterday the Saskatchewan Human Rights Tribunal held a hearing on a discrimination complaint against one of the Canadian province's marriage commissioners who refused to perform a same-sex wedding ceremony on religious grounds. Canadian Press yesterday reported on the hearing. A lawyer for the Saskatchewan Human Rights Commission said that marriage commissioners are required by law to provide civil wedding services for gay couples since same-sex marriage has been legalized in the province. However Orville Nichols, a devout Baptist, said he would have never taken the position as a marriage commissioner if at the time he was appointed there had been a requirement that he perform same-sex marriages.

Dallas Restrictions On Feeding Homeless Challenged

Today's Dallas (TX) Morning News reports that Rip Parker Memorial Homeless Ministry and Big Heart Ministries have filed a federal lawsuit to have Dallas' food distribution ordinance declared unconstitutional. The ordinance, which the city has enforced since February 2006, limits the places where groups can distribute food to the hungry. The primary permissible location is the city's downtown Day Resource Center. The ordinance stopped stopped charitable groups from serving food in vacant lots and cardboard box encampments under bridges. The suit claims that the ordinance violates the plaintiffs' free exercise of religion.

6th Circuit En Banc Rehearing Sought In "Teen Ranch" Case

On Tuesday, a petition for en banc review by the U.S. 6th Circuit Court of Appeals was filed in Teen Ranch v. Udow (see prior posting). The panel's decision upheld Michigan's decision to cut off placement of abused, neglected and delinquent children with Teen Ranch, finding its program coerces religious participation by the youths. Representing Teen Ranch, the Alliance Defense Fund announced the appeal which argues that teenagers initially placed with Teen Ranch can opt out and be transferred to a different rehabilitation program. The Petition For Rehearing argues that these "'opt-out' procedures result in 'private choice' controlling the flow of state funds to religious groups, thus insulating the state from an Establishment Clause violation."

Canadian Argues For Limiting Tax Exemptions For Some Religions

Canadian Catholic News yesterday called attention to an essay by Janice Gross Stein published last Fall in Literary Review of Canada. The University of Toronto political scientist argued that Canada should not make tax exemptions available to religious groups that fail to comply with "Canadian values". This would include the Catholic Church because of its refusal to ordain women. Constitutional lawyer Peter Lauwers said Stein is attempting to force change on religious groups and this, he said, would meant that "the state is no longer being neutral".

Episcopal Diocese Sues 11 Breakaway Churches

The Episcopal Diocese of Virginia has taken the next legal step in the property disputes between the Diocese and eleven local churches in which a majority of members have voted to leave the Episcopal Church. (See prior postings 1, 2.) Eight of those local congregations have already filed lawsuits seeking to transfer their property to the Church of Nigeria through the Convocation of Anglicans in North America. The Living Church Foundation reported yesterday that in each of the eleven suits, the Diocese is seeking a declaration "that there has been an improper trespass, conversion, alienation and use of the real and personal property”; an order upholding "the trust, proprietary and contract rights of the diocese"; an order restraining further use and occupancy of the property by the local congregations; an order transferring legal title to and control of the property to the Diocese; and an order requiring an accounting by local congregations of their "use of all real and personal property".