Establishment Clause Challenge To Liquor Licensing Rule Rejected

In VFW John O'Connor Post #4833 v. Santa Rosa County, Florida, 2007 U.S. Dist. LEXIS 17150 (ND FL, March 12, 2007), a Florida federal district court rejected an Establishment Clause challenge to the alcoholic beverage licensing requirements of Santa Rosa County, FL. Under the county's Land Development Code, vendors of alcoholic beverages for on-premise consumption must be located at least 2500 feet from any church or school, unless the distance requirement is waived by the County Commission. While consent of a church is not required in order to obtain a waiver, a fee of $25 is charged to offset the cost of determining whether affected churches and schools object to the granting of a license. The court distinguished this case from the 1982 U.S. Supreme Court decision in Larkin v. Grendel's Den, because there churches had an absolute veto over the granting of liquor licenses.

The court went on to find that the Santa Rosa county waiver provision is unconstitutionally vague, but that it may be severed from the remainder of the statute. This leaves plaintiff to pursue its equal protection and substantive due process challenges to the remainder of the Code provisions.

CAIR Becomes Controversial In Washington

Today's New York Times carries a front-page story on the growing debate over the federal government's relationships with the Council on American-Islamic Relations (CAIR). The group says its goals are to protect the civil liberties of Muslims and to spread understanding of Islam. However critics have claimed that CAIR has links to Hamas and Hezbollah which are designated as terrorist organizations by the State Department, that it has accepted large donations from Arab governments and that it furthers Wahhabist religious interpretations of Islam. Local offices of CAIR have developed close relationships with law enforcement officials and concentrate on civil rights issues. The controversy seems to focus on CAIR's national office.

Yesterday, CAIR presented a panel discussion on "Global Attitudes on Islam-West Relations: U.S. Policy Implications " in a Capitol meeting room over objections of some House Republicans who said that CAIR's members are "terrorist apologists". The website CAIRwatch collects many of the charges against CAIR.

Utah Supreme Court Says No Tolling Of Limitations In Priest Sexual Abuse Case

Yesterday in Colosimo v. Roman Catholic Bishop of Salt Lake City, (UT Sup. Ct., March 13, 2007), the Utah Supreme Court held that the statute of limitations barred a suit against the Catholic diocese of Salt Lake City, a Catholic school and several other institutions for damages growing out of sexual abuse of two brothers by a priest over thirty years ago. The court rejected arguments by plaintiffs that the running of the statute should be tolled because they had failed to make the causal connection between the abuse and their injuries. It also rejected tolling the statute on the grounds of fraudulent concealment when plaintiffs had knowledge of their abuse and the relationship of the abuser to the Church, but failed to investigate potential claims they might have arising from the abuse. The court observed that while "the legislature passed a statute in 1992 that tolls the running of the limitations period in child sexual abuse cases until the victim knows or reasonably should know that his injury was caused by the abuse, that statute does not apply retroactively, and so is not applicable here." KSL News reported yesterday on the decision.

Fired NY Teacher Loses Title VII Claim

In Central Islip, NY yesterday, a jury in federal court rejected a Title VII religious discrimination claim by a former public school teacher who claimed she had been fired because her principal falsely believed she was a witch. (See prior posting.) She also claimed discrimination based on her actual religion, Judaism. The New York Law Journal reports today that in the case, Berrios v. Hampton Bays Union Free School District, the judge issued an order, communicated to the parties but not to the jury, indicating that he was uncertain that Title VII would support a claim of discrimination based on "perceived" religious belief, rather than discrimination based on a person's actual religion. However since the jury found that neither Lauren Berrios' actual nor perceived religion was the grounds for her dismissal, the judge's order became irrelevant.

Top US Military General Says Gay Relationships Are Immoral

Yesterday's Chicago Tribune reported that Chairman of the Joint Chiefs of Staff, Marine Gen. Peter Pace, said, in answer to a question about military policy, that in his personal view, homosexual acts are "immoral". This is the reason that he supports the military's "don't ask, don't tell" policy banning openly gay men and women from serving in the military. He said his moral views are based on his personal "upbringing" and compared the immorality of homosexual relationships to that of adultery. CNN today reports that Gen. Pace's office says he stands by his remarks after his statement was criticized by the Servicemembers Legal Defense Network.

UPDATE: Today Gen. Pace issued a statement saying that in his interview with the Chicago Tribune, he should have focused more on his support for the military's "don't as, don't tell" policy that does not make a moral judgment, and less on his personal moral views. [Thanks to Alliance Alert for the lead.]

9th Circuit Holds Snowbowl Waste Water Plans Violate RFRA

Yesterday, the U.S. 9th Circuit Court of Appeals reversed a lower court decision and held that the U.S. Forest Service violated the Religious Freedom Restoration Act when it approved a proposed expansion of the Snowbowl ski resort in the Coconino National Forest in northern Arizona. At issue was the approval of the use of treated sewage to make artificial snow for the expansion. In Navajo Nation v. United States Forest Service, (9th Cir., March 12, 2007), the appellate court held that the proposed use of treated sewage effluent on the San Francisco Peaks would impose a substantial burden on the religious exercise of Navajo and the Hopi Indian tribes. It said that the government did not have a compelling interest in authorizing the use of artificial snow at an already functioning commercial ski area merely so that the ski resort could expand and improve its facilities and extend its ski season in dry years.

Explaining its holding, the court said:

The record in this case establishes the religious importance of the Peaks to the Appellant tribes who live around it. From time immemorial, they have relied on the Peaks, and the purity of the Peaks' water, as an integral part of their religious beliefs. The Forest Service and the Snowbowl now propose to put treated sewage effluent on the Peaks. To get some sense of equivalence, it may be useful to imagine the effect on Christian beliefs and practices — and the imposition that Christians would experience — if the government were to require that baptisms be carried out with "reclaimed water."

The Associated Press yesterday, reporting on the decision, said that Snowbowl Resort investors have spent $4 million on the environmental impact statement and legal fees in their attempt to expand the resort and its ski season.

Pennsylvania City Limits Council Prayer To Pre-Meeting Times

Monday night, the Coatesville, Pennsylvania City council adopted a new policy on prayer at Council meetings. Philadelphia's Daily Local reports that the new policy allows Council members to pray together -- acting as private citizens-- before official city business is discussed at a Council meeting. The prayer, that may be offered by any Council member who wishes to, will not be considered city business. The new policy responds to objections that arose after a meeting last month in which City Council President Patsy Ray, a minister, asked everyone in the room to stand and hold hands, and City Councilman Kurt Schenk, also a minister, delivered a Christian prayer. (See prior posting.)

UPDATE: Tuesday's Daily Local published an interesting editorial criticizing Council's new policy, saying: "What City Council needs to do is meet at the local diner, the local burger joint, the nearest mall. But it can’t just meet as a governing body in a city building and pray — but not call it prayer."

High Schoolers Demand To Pray In Busy School Commons Area

In Vancouver, Washington, a bitter dispute has broken out over high school officials' attempts to accommodate a student prayer group, according to a report yesterday by Religion News Service. At Heritage High School, a group of students who are members of the Church of Truth -- a congregation made up largely of Russian-speaking immigrants who came to the U.S. for religious freedom-- insisted on praying in the busy school commons area. The school offered them a room where they could meet before classes, but the students refused. The ensuing dispute led to the suspension of 11 students. Liberty Counsel then jumped into the fray, sending a letter to the Evergreen Public Schools demanding that the suspensions be expunged from the students' records, and threatening to sue if they were not. The letter said the suspensions were an overreaction to the situation.

Egyptian Blogger's Jail Sentence Upheld

Reuters reports that an Egyptian appeals court on Monday upheld the 4-year jail sentence that a lower court recently imposed on blogger Abdel-Karim Suleiman. (See prior posting.) Suleiman was convicted of insulting Islam, inciting sectarian strife and insulting Egyptian President Hosni Mubarak. Suleiman's lawyers plan to appeal the sentence to the Court of Cassation.

Churches To Offer Sanctuary To Prevent Deportations That Split Families

CNS News reports today that, in an effort to unite Christian Evangelicals behind comprehensive immigration reform, churches around the country are preparing to grant "sanctuary" to families in which a parent who is in the country illegally is about to be deported. The program, sponsored by Clergy and Laity United for Economic Justice, will begin in Los Angeles. The group considers it a moral issue to prevent the split up of families caused by deportation of a parent who leaves behind a child who is a U.S. citizen by birth.

Serbia Slow In Implementing Law To Return Church Lands

Forum 18 reported yesterday that the implementation of Serbia's 2006 Law on the Restitution of Property to Churches and Religious Communities (background) has been very slow. The Restoration Directorate is short on staff, and religious organizations are having difficulty locating the proper documentation. Even the large Serbian Orthodox Church has had problems. Also, the 2006 law only covers property confiscated by the Communists after 1945, so Jewish community property taken taken during World War II is not covered. The Minister of International Economic Relations says that the Jewish community's property will be included in a new proposed general restitution law that will cover property confiscated for ethnic or religious reasons during the Second World War.

Hugo Chavez and Venezuela's Christians

ZNet yesterday carried a long article on clashes between Venezuela's President Hugo Chavez and the country's Catholic Church. Tensions started in 1999 when Chavez's government decided to cut subsidies to the church by up to 80%. Other political differences then emerged. Through meetings since 2005 with Pope Benedict XVI, Chavez has attempted to improve relationships. Meanwhile Protestants have become key political supporters of Chavez.

Secular Islam Summit In Florida Calls For Church-State Separation

Last week, the Secular Islam Summit, held in St. Petersburg, Florida, issued The St. Petersburg Declaration. The document calls for separation of religion from state and the observance of universal human rights. Among other things, it urges governments around the world to reject Sharia law, fatwa courts, clerical rule, and state-sanctioned religion in all forms; and to oppose all penalties for blasphemy and apostasy. The Summit's website collects a number of articles and op-ed pieces commenting on the Summit. Front Page Magazine today carries a story on the Summit and on the opposition to it by the Council on American-Islamic Relations.

Recently Available Prisoner Free Exercise Decisions

In Florer v. Johnson, 2007 U.S. Dist. LEXIS 16802 (WD WA, March 8, 2007), a Washington federal Magistrate Judge gave a prisoner challenging the adequacy of the kosher diet furnished to him in prison an opportunity to amend his complaint to adequately state a First Amendment and RLUIPA claim.

In Jamal v. Arpaio, 2007 U.S. Dist. LEXIS 16212 (D AZ, March 6, 2007), an Arizona federal district court found a sufficient basis in a prisoner's complaint to order defendants to answer charges that plaintiff 's free exercise rights were violated when defendants refused to provide him a copy of the Quran, he was not permitted to participate in congregational prayer, he was denied a religious or pork free diet, and he was subjected to constant and loud Christian music.

In Morris v. Newland, 2007 U.S. Dist. LEXIS 15725 (ED CA, March 6, 2007), a California federal Magistrate Judge recommended that a Muslim prisoner be permitted to move ahead with his claims that prison officials created a custom or policy of depriving him of his right to practice his religion of Islam when female officers were allowed to observe him unclothed. Defendants had failed to frame any argument against plaintiff's entitlement to relief on these claims.

In Marshall v. Church of the Larger Fellowship, 2007 U.S. Dist. LEXIS 8571 (ED AK, Feb. 2, 2007), an Arkansas federal district judge adopted the recommendations of a Magistrate Judge, 2007 U.S. Dist. LEXIS 15459 (ED AK, Jan. 17, 2007) that plaintiff prisoners' claim be dismissed. Plaintiffs had alleged that a church, its pastor and a church chaplain violated their First Amendment rights when they wrongfully enticed them to join their congregation, without first informing them that some of their membership privileges would be limited due to their incarceration. The court held that the First Amendment does not apply to actions of private individuals or private entities, such as defendants in this case.

In Ransom v. Johnson, 2007 U.S. Dist LEXIS 15234 (ED CA, March 5, 2007), a California federal Magistrate Judge permitted a Muslim prisoner to move ahead with a claim that prison officials improperly placed him in a status that denied him the ability to earn work credits. This, he alleged, infringed his free exercise rights by preventing him from attending 26 communal prayer services.

In Lamon v. Pliler, 2007 U.S. Dist. LEXIS 15247 (ED CA, March 2, 2007), a California federal district court held that plaintiff prisoner had adequately exhausted his administrative remedies as to his complaint that he was prevented from practicing his religion when he was not provided a vegetarian diet.

Smith v. Taylor, 2006 U.S. Dist. LEXIS 95586 (ND NY, May 31, 2006), is a case decided some months ago that has recently become available. In it a prisoner challenged the legality of a strip search to which he was subjected by prison officials upon his entering the special housing unit of the prison. One of plaintiff's arguments was that his Muslim religion prohibits strip searches and prohibits the viewing of his naked body by others. A New York federal district court held that reasonable prison regulations which further an important purpose may restrict religious expression and practice.

Pastor Sentenced By Uzbeki Court For Illegal Religious Activity

Last Friday in the city of Andijan in Uzbekistan, Protestant pastor Dmitry Shestakov was sentenced to four years' exile inside the country for his religious activity, according to a report from Forum 18. Shestakov was charged with three Criminal Code violations: illegal organization of social or religious organizations (Art. 216); inciting ethnic, racial or religious hatred (Art. 156, pt. 2); and distributing materials containing ideas of religious extremism (Art. 244-1, pt. 2). However two of the three charges were withdrawn during the trial. The prosecutor has asked that a 5 year prison sentence be imposed. Shestakov's friends say that there were a number of irregularities in the trial.

Recent Scholarly Articles On Church-State Issues

From Bepress:
Marc L. Roark, Reading Mohammed in Charleston: Assessing the U.S. Courts Approach to the Convergence of Law, Religion and Commerce, (March 2007).

From SmartCILP:
Sherman A. Jackson, Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?, 30 Fordham International Law Journal 158-176(2006).

Jeremy Patrick, Church, State, and Charter: Canada's Hidden Establishment Clause, 14 Tulsa Journal of Comparative & International Law 25-52 (2006).

Meghan J. Ryan, Can the IRS Silence Religious Organizations?, 40 Indiana Law Review 73-96 (2007).

Ohio's Faith-Based Office Under Investgation By New Governor

Ohio Governor Ted Strickland has asked the state's Inspector General to investigate how the Governor's Office on Faith-Based and Community Initiatives (OFBCI) is being administered, and has asked the Department of Job and Family Services to audit OFBCI's finances. Yesterday's Dayton Daily News reports that under former Governor Bob Taft, OFBCI may have misspent some of its $22 million budget that was supposed to go to small churches and community organizations helping the needy. Funds went instead for downtown parking spaces and large screen televisions. Also, OFBCI paid rent for We Care America, a contractor hired to help oversee grants. We Care America in turn paid for a subcontractor who, along with Baylor University Professor Byron Johnson, wrote a report praising Ohio's faith-based office as one of the best in the country. Gov. Strickland, a Democrat who was elected last November, recently replaced the OFBCI staff and ordered a hold on new contracts until all existing programs are reviewed.

Navy Officer Suspended Over Charges Of Anti-Semitism

The Navy has relieved Lt. Cmdr. John Sharpe of his assignment as public affairs officer on the aircraft carrier Carl Vinson while it investigates charges that he heads two anti-Semitic groups. The Virginian-Pilot reported yesterday that Sharpe leads the Legion of St. Louis and IHS Press. Sharpe said he founded the Legion seven years ago as a Web-based forum for discussing Catholicism and contemporary social and economic issues, but the forum is now inactive. The Legion's website says the Legion's goals include combating "the Judeo-Masonic tendencies of the modern social order." Sharpe says that secularist thinking by "liberal Jewish" groups and Freemasons keep "political and social life very separate and distinct from any faith-based approach." Navy regulations prohibit personnel from participating "in any organization that espouses supremacist causes."

Kentucky Honors Controversial Chaplain As He Plans US Tour

Former Navy Chaplain Gordon James Klingenschmitt-- dismissed from the armed services in a battle over the right to pray in Jesus name at military events-- is planning a 50-state tour to pray "in Jesus' name" at every state Legislature. Apparently the plan was inspired by last week's events in Kentucky where, according to WorldNetDaily yesterday, Klingenschmitt was commissioned by the governor of as an honorary "Kentucky Colonel." Klingenschmitt then prayed "in Jesus' name" on the floor of the Kentucky Legislature, and the state's House of Representatives unanimously passed a resolution honoring "Chaplain Gordon James Klingenschmitt for service to God, country, and the Commonwealth of Kentucky."

Georgia State Board Moves To Allow Bible History Courses

The Georgia State Board of Education last Thursday preliminarily approved two classes on the Bible as part of the curriculum for public schools for next year. If the Board gives final approval to the list, the state's 180 school systems will have the option of offering courses in Literature and History of the Old Testament Era, and Literature and History of the New Testament Era. The Associated Press reports that the Board's decision follows legislation enacted last year by the Georgia legislature permitting these courses. (See prior posting.)

Alternative To 10 Commandments Monument Proposed In Fargo, ND

In Fargo, North Dakota, the Red River Freethinkers plans to ask City Commission later this month for permission to place its own monument near City Hall. Several Freethinkers members lost a suit in 2005 that challenged the constitutionality of a Ten Commandments monument in the same area. They now want their alternative monument to give the message that individuals have the right to worship as they please. It will specifically refer to a 1796 peace treaty between the United States and Tripoli, that says the government of the United States "is not in any sense founded on the Christian religion." The Fargo Forum today reports that city commissioners differ among themselves on the proposal.

Approval Of Class Settlement By Diocese Must Await Further Investigation

In St. George, South Carolina, a state circuit judge on Friday refused to approve a proposed settlement of a class action that had been brought against the Catholic Diocese of Charleston by victims of priest sexual abuse. Instead, Judge Diane Goodstein ordered an investigation of whether the Diocese archives contain evidence of additional cases of abuse. Reporting on developments, the Charleston (SC) Post and Courier today says that the Diocese will cooperate fully in the investigation. Diocese lawyer Peter Shahid Jr. says the ordered investigation is likely merely a formality.

Free Exercise Defense Rejected In False Charitable Exemption Prosecution

In United States v. Mubayyid, 2007 U.S. Dist. LEXIS 16556 (D MA, March 8, 2007), a Massachusetts federal district court refused to dismiss an indictment of two men charged with fraudulently obtaining a charitable exemption under § 501(c)(3) of the Internal Revenue Code for Care International, Inc. Prosecutors allege that defendants concealed the fact that Care financed and promoted Islamic holy war (jihad) and holy warriors (mujahideen). Rejecting defendants' free exercise of religion claims, the court said that it saw "no reason why providing a complete and truthful description of the organization's planned activities in order to obtain tax-exempt status--whether or not those activities are religiously motivated--inhibits or substantially burdens the exercise of religious freedom."

Kazakh Women Can Now Wear Hijab for ID Photos

Radio Free Europe reports that in Kazakhstan, Muslim women last month won a victory permitting them to accommodate their religious beliefs. The country's Justice Ministry announced that it will no longer enforce a regulation that barred women from wearing any head covering -- including the traditional Islamic hijab (head scarf) -- when their official photos are taken for identification cards or passports.

Ontario MP Seeks Non-Denominational Chapel In Parliament Building

A column published in Thursday's Orangeville (Ontario) Citizen says that Cheri DiNovo, a New Democrat member of Ontario's Parliament who is also a United Church minister, plans to introduce a resolution to require the legislature of the Canadian province to set aside a room in its main building for staff and visitors of all faiths to use for prayer or meditation. Columnist Eric Dowd says: "The legislature still starts each day's proceedings with The Lord's Prayer and a second prayer asking 'God, our Heavenly Father' to guide MPPs, but there is increasing recognition that these are essentially Christian in a province that's growing less Christian. Few MPPs arrive in time for them, anyway."

Russian Student Sentenced For Sending Anti-Semitic Text Messages

In Russia last Monday, a Moscow court sentenced a 22-year old law student to 150 hours of public service for sending anti-Semitic text messages that were broadcast by a local television station last May as part of a broadcast celebrating Victory Day. UCSJ reported on Friday that Moscow's Regional Prosecutor has labelled the messages "an affront to the national dignity of representatives of the Jewish ethnicity and non-Russians as a whole."

Executive Order Gives Vatican's UN Personnel Diplomatic Immunity

Acting under the Department of State Authorities Act of 2006 that was passed by Congress last December (see prior posting), President Bush last Wednesday issued an Executive Order to "extend to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and members of such missions, subject to corresponding conditions and obligations." Reporting on the Executive Order, Catholic News Service explained that special legislation was needed since the Holy See is not a member of the United Nations, but instead has quasi-diplomatic permanent observer status.

En Banc Rehearing Denied By 9th Circuit In Library Meeting Room Case

Yesterday, by a vote of all the non-recused active judges on the circuit bench, the U.S. 9th Circuit Court of Appeals denied an en banc rehearing in Faith Center Church Evangelistic Ministries v. Glover, (9th Cir., March 9, 2007). Last September in the case, a 3-judge panel, by a vote of 2-1, decided that a Contra Costa County public library could make its meeting room available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". Yesterday, seven judges dissented from the denial of the rehearing in an opinion written by Judge Bybee. They argued that "the majority has effectively relegated religious worship to an inferior status vis-à-vis community and cultural speech that claims a secular component." They contended that by distinguishing religious worship from other kinds of religious discussions, the library's rule favors those religious groups that make moral teaching an integral part of their worship services, while denying use of the meeting room to liturgical denominations whose services can be characterized as "mere worship". Yesterday's Contra Costa Times reported on the decision.

School Will Now Allow Religious Ads In Yearbook

The Contra Costa (CA) Times reported yesterday that California's Liberty Union High School District has changed its policy and will not screen out religious references in paid ads in Liberty High School's yearbook. The change resulted from complaints by the Pacific Justice Institute on behalf of parents Jeff and Julie Renner whose ad congratulating their son on his upcoming graduation was changed by editors. The sentence "May God bless your life" was going to be run as "May He bless your life". After charges that this violated free speech rights, the school has decided to pay the publisher $8,000 to restore all edited ads to their original forms. The yearbook staff had removed any mention of God, Jesus Christ, holy or other religious words or passages. The staff also edits out any references in ads to violence, gangs, drugs and alcohol. Yearbook advisor, Lloyd Cornwell, however says that "the yearbook is not your soapbox to preach what you believe. It's a student decision." He says that next year, advertisers will be given a choice of six ads with messages in them, and at least one will have a spiritual tone.

Maine Proposes Accommodation of Native American Religious Practices In Prisons

Maine's Human Rights Act currently outlaws discrimination in employment, housing, public accommodation, credit and education opportunity. On Wednesday, the legislature's Joint Standing Committee on the Judiciary heard testimony on LD 507, a proposed amendment that would penalize failure to provide "reasonable accommodation of Native American religious practices or ceremonies" in state prisons and county jails. Yesterday's Bangor Daily News reports that Denise Lord, associate commissioner for the Department of Corrections, said that DOC supports the goals of the bill. She suggested, however, that it be placed in the statutes that govern DOC instead of in the Human Rights Law. She also suggested that the provision be broadened to apply to all religions. No one testified against the bill.

UPDATE: Sunday's Portland (ME) Press Herald reports on the continuing controversy at the Maine State Prison in Warren over whether the state has done enough to accommodate the religious practices of 18 Native American inmates.

Catholic Group Gets Mixed Result In Suit Against University of Wisconsin

Yesterday, a Wisconsin federal district judge ruled that the UW-Madison Roman Catholic Foundation was not entitled to recognition as a student organization by the University of Wisconsin because University rules require recognized groups to be directed and controlled by students. Only 3 of the Foundation 's 12 board members are students. This means that the group cannot get $250,000 in student fees that were to be used for prayer gatherings, events and classes in theology. According to a report published yesterday in The Chippewa, group spokesman Tim Kruse said the Foundation would consider adding more students to its board and continue seeking university recognition.

However, the Foundation did win a substantial victory in the lawsuit. Judge John Shabaz, in a ruling from the bench, ordered the University to stop applying its non-discrimination rules to religious groups. He ruled that the right to free association outweighs the state interest in non-discrimination, and that forcing a Catholic group to admit non-Catholics undermines the group's mission. (See prior related postings 1, 2, 3, 4.)

Appeal Argued In Case Of British Teacher Fired For Wearing Niqab

The London Employment Appeal Tribunal heard arguments Wednesday in an appeal by a British teacher who was fired last year for refusing to remove her full-face veil (niqab) while teaching children at Headfield Church of England Junior School in Dewsbury, West Yorkshire. (See prior posting.) This Is London reported yesterday on the hearing in the widely-followed case of 24-year old Muslim teaching assistant, Aishah Azmi. Her counsel argued that dismissing her was similar to barring a Christian from wearing a cross or attending Mass. School officials say students found it difficult to understand Azmi because they could not see her lips move.

California Board Wants Picture Of Sikh Leader Eliminated From Textbook

The California State Board of Education on Thursday voted to ask Oxford University Press to remove from a 7th grade history textbook a controversial picture of a Sikh religious leader. The book pictures Guru Nanak, the founder of Sikhism, wearing a crown and a close-cropped beard, while Sikh doctrine requires observant men to wear a turban and not shave. The picture was taken from a 19th century painting that Sikhs say make Nanak look like a Muslim. Reporting on the decision, yesterday's San Diego Tribune says that the Board also asked the publisher to cover the picture in books already printed, using a sticker with an explanation or an alternative picture. Sikh leaders would like future versions of the book to use an alternative picture of Nanak, rather than eliminating the picture, but they and the publisher cannot agree on an appropriate version.

Church Sues Arizona Town Over Signage Code

A small Presbyterian church yesterday filed suit in federal court against the town of Gilbert, Arizona challenging the town's sign ordinance as discriminatory. A release by the Alliance Defense Fund says that "according to the code, religious assembly signs are required to be smaller in size, fewer in number, and displayed for much less time than similar non-religious signs. Also, according to the ordinance, ideological signs and political signs--neither of which the code defines--are allowed to be posted without a permit, whereas a permit is required to post religious assembly signs."

The complaint (full text) alleges that the church interprets the Bible as requiring it to reach out to the community to advertise its services. The suit claims that the town, by limiting the number of hours during which signs advertising church's services can be displayed, violates the speech, religion, equal protection and due process clauses of the federal constitution and the Arizona Religious Freedom Amendment.

Muslim Student Sues Over Holding High School Graduation In Church

Last week, the ACLU of New Jersey filed suit against the Newark Public Schools on behalf of a Muslim student whose religious beliefs precluded him from attending his own graduation because it was held in a church building that the school had rented for the graduation ceremony. (Full text of complaint.) Graduate Bilal Shareef's religious beliefs prevented him from entering a building that displayed religious symbols pertaining to God. The Associated Press reported on the case yesterday, quoting ACLU's state legal director, Ed Barocas who said: "Schools should not sponsor activities that exclude some students from participation on the basis of religious belief."

The suit not only seeks to prevent West Side High School from holding future graduations in churches, it also seeks to prevent the school from sponsoring or promoting religious baccalaureate ceremonies. Plaintiff's challenges are based on Article I, paragraphs 3, 4, and 5, of the New Jersey Constitution and on New Jersey's civil rights and anti-discrimination laws.

Connecticut Supreme Court Hears Arguments In Buddhist Temple Case

On Tuesday, the Connecticut Supreme Court heard arguments in a case brought by the Cambodian Buddhist Society of Connecticut challenging Newtown's denial of a special permit so that the Society could build a temple on 10 acres of land it owns. The case was brought under RLUIPA and Connecticut's Religious Freedom Act. Yesterday's Hartford Courant reports that in the Superior Court decision being appealed, Judge Deborah Kochiss Frankel ruled that a number of reasons given by the Newtown Planning and Zoning Commission for the denial were unsubstantiated, but upheld the denial based on the PZC's concern that the Society had not yet obtained well and septic tank permits. (See prior related posting.)

3rd Circuit Rejects Free Exercise Collateral Challenge To Child Support Conviction

The U.S. 3rd Circuit Court of Appeals on Tuesday rejected the attempt of a defendant in a criminal case to collaterally challenge on Free Exercise clause grounds his conviction for willful failure to pay child support. In United States v. Kufkaka, (3d Cir., March 6, 2007), a divorced husband claimed that his indictment should be dismissed because the divorce decree containing his support obligation also included a requirement that he pay for a "get"-- a Jewish religious divorce decree. The court held that a federal prosecution under the Deadbeat Parents Act is not the appropriate arena in which to litigate the terms of the underlying divorce. The decision also upheld the constitutionality of the federal Deadbeat Parents Punishment Act under the commerce clause.

Leading Evangelical Finds Giuliani's Marital History A Problem

On Tuesday, Richard Land, head of public policy for the Southern Baptist Convention, told the Associated Press that while evangelicals might tolerate a divorced presidential candidate, Rudy Giuliani's marital history poses serious problems for them. Giuliani is currently married for a third time. Land said that Giuliani showed a lack of character during his divorce from his second wife, TV personality Donna Hanover. On the other hand, while another Republican presidential candidate, John McCain, has been married twice, Land said that war hero McCain has acknowledged his part in the failure of his first marriage.

Missouri Legislature Considering Faith-Based Liaison and Intellectual Diversity Bills

Today's St. Louis Jewish Light reports on two bills in the Missouri Legislature that raise church-state concerns. One, already approved by the state Senate, is the Faith-Based Organization Liaison Act (SB 46/ HB 888). It calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law.

The second bill (HB 213), approved by a House committee last month, is designed to promote "intellectual diversity" on state university campuses. It would require each state university to issue an annual report on how it promotes intellectual diversity and the free exchange of ideas. The report would need to include measures taken "to ensure that conflicts between personal beliefs and classroom assignments that may contradict such beliefs can be resolved in a manner that achieves educational objectives without requiring a student to act against his or her conscience."

9th Circuit Upholds City's Removal Of Anti-Gay Group's Flyer

Last Monday, the U.S. 9th Circuit Court of Appeals in Good News Employee Association v. Hicks, (9th Cir., March 5, 2007), in a short opinion upheld a district court's dismissal of a suit by two city employees who had formed a religious club to promote "natural family, marriage and family values" to counter a Gay and Lesbian Employees Association. Plaintiffs had complained that the city of Oakland, California had removed a flyer about the group that plaintiffs had posted at work. The court found that the city had legitimate administrative interests in taking down the flyer, and that those interests here outweighed employees' interest in freedom of speech. The Associated Press and the Oakland Tribune have reported on the case. [Thanks to How Appealing for the lead.]

Teacher Sues Saying School Thought She Was A Witch

An Associated Press story published today reports on the trial in a New York federal district court of a case brought by an elementary school teacher who claims that her born-again Christian principal denied her tenure because he decided that she was a witch. Teacher Lauren Berrios claims that principal Andrew Albano pressed his brand of Christianity on Hampton Bays (NY) elementary school. School officials deny that Berrios was fired because of a belief she was a witch. They say she did not get along with co-workers, had a condescending attitude and was reported to Child Protective Services after talking about imaginary injuries to her own son.

3rd Circuit Rejects Religious Objector's Refusal To Pay Income Taxes

On Tuesday, the U.S. 3rd Circuit Court of Appeals in Jenkins v. Commissioner of Internal Revenue Service, (3d Cir., March 6, 2007), rejected a taxpayer's claim that his religious objections to military activities and spending should permit him to withhold paying a portion of his federal income taxes. The court concluded that neither RFRA, the First Amendment nor the Ninth Amendment permits the avoidance of income taxes for religious reasons.

Court Rejects Amish Objections To Septic Tank Requirements

In Beechy v. Central Michigan District Health Department, 2007 U.S. Dist. LEXIS 15157 (ED MI, Feb. 20, 2007), a Michigan federal district court rejected a free exercise challenge by members of the Old Order Amish faith to a health ordinance prescribing the capacity of a septic tank that must be installed on their residential property. The court found that plaintiffs merely claim that their religious beliefs and practices lead to their not generating enough waste water to require the 750 gallon tank required by law. They do not claim that installing the larger tank actually interferes with their religious beliefs or practices. So their objection to the larger tank are based on secular concerns of cost, convenience and lack of need.

Policy On William & Mary Wren Chapel Cross Changed Again

Officials at the College of William and Mary are making a new attempt to resolve the bitter dispute over whether an historic cross will continue to be displayed in the state university's Wren Chapel. President Gene Nichol set off a storm of controversy when, in order to make the chapel more inviting to students of all religious faiths, he ordered the table cross to be removed from permanent display and-- under the most recent revision of the policy-- to be displayed only on Sundays or during Christian worship services. (See prior posting.) One donor revoked a $10 million pledge to the University in protest. Yesterday's Richmond Times-Dispatch reports that now President Nichol has endorsed the recommendation of a special study committee that he appointed. The Wren cross will now be permanently displayed in the chapel, but in a glass case with a plaque explaining the college's Anglican roots and its historic connection to Bruton Parish Church. Sacred objects of other religious traditions used by the campus community will also be able to be stored in the chapel. The Washington Times says that college officials hope this compromise will end the dispute.

John Edwards Gives Extensive Interview On His Views Of Relgion In Public Affairs

In the first of a series of interviews with Presidential candidates, BeliefNet carries a long interview with John Edwards covering a wide range of issues. Among Edwards' comments about his faith and the impact of religion on public affairs is the following:

Faith is not a political strategy, and should not be a political strategy. If it is being used as a tool to garner votes, to convince people they should support one political party or the other, I think that is a huge mistake. I believe with every fiber of my being that God is not a Democrat or a Republican and does not support either party.

If you're being asked about how you make decisions, what are the things that affect you when you make decisions, I think it's perfectly reasonable under those circumstances to give honest answers about your faith and how your faith affects your value system and what you believe and what you care about.

Army Medic Objector to War Gets Light Sentence In Court Martial

A U.S. Army medic who refused to be redeployed to Iraq because of his moral objections to war was convicted of desertion in a court martial in Wuerzburg, Germany on Tuesday. The courts had previously rejected the request of Specialist Agustin Aguayo to be classified as a conscientious objector, so he fled to his home rather than be redeployed. Three weeks later he turned himself in.

Even though he was convicted, the court imposed a light sentence. Aguayo was sentenced to 8 months in prison, reduced in rank to private, ordered to forfeit pay and was given a bad conduct discharge. However he could have been sentenced to 7 years in prison. The Associated Press yesterday reported that since Aguayo has already served 161 days in jail awaiting trial, his attorney expected that he would be released in about 6 weeks.

Priest Says Poverty Vow Precludes Recovery Against Him For Child Support

Yesterday's Oregonian reports that 83-year old James E. Jacobson, a retired Jesuit priest and former Oregon prison chaplain, is being sued by two men recently identified as his children. Jacobson fathered the children while working in Eskimo villages in Alaska beginning in the 1960's. They are attempting to collect as past child support part of the salary that Jacobson earned while working as a prison chaplain for 25 years. Jacobson says, however, that his vow of poverty precludes recovery against him. Jacobson cashed out his retirement benefits and transferred the proceeds to the Jesuits after the child support suit was filed against him.

Proposal Would Ban Politics On Religious Basis In Egypt

MWC News yesterday reported that proposed amendments to Egypt's Constitution will ban political activities based "on any religious reference or basis". The amendments are aimed at limiting the power of Egypt's Muslim Brotherhood. Currently Egypt prohibits the Muslim Brotherhood from forming a political party, but Brotherhood members can-- and do-- run as independents for Parliament. If enough Brotherhood members win seats in Parliament and local councils, they could run a presidential candidate.

Pennsylvania City Council Is Strong On Sectarian Prayer

Philadelphia Inquirer columnist Monica Kinney yesterday reported on a rather extreme example of sectarian prayer at meetings of the Coatesville, Pennsylvania City Council. Two of the council members are ministers. At the Feb. 12 meeting, one of them, Democrat Kurt Schenk, began the meeting with: "Holy Father, we commend this city into your hands." The other, Republican Council President Patsy Ray, said: "I am like Jesus, I'll stand!" and, "I will serve the people as my God." Schenk also says lawyers are helping him draft a Council resolution that will affirm City Council's belief in the power of prayer.

Florida Condo Owner Denied Right To Hang Mezuzzah

A dispute between a Fort Lauderdale condo owner and her condo association could lead to new legislative proposals in Florida according to a report published Monday by JTA. Jewish condo owner Laurie Richter was told that the mezuzah that she placed on her front door violates condo bylaws that prohibit affixing anything to exterior walls, doors or balconies. Richter claims that the condo association did not object to Christmas wreaths on other owners' doors. Similar disputes in Illinois led that state to adopt legislation prohibiting condo associations from banning mezuzahs.

Alaska Trial Court Hears Evidence On Religious Basis of Marijuana Use

In October, the Alaska Court of Appeals in Lineker v. State of Alaska, a case involving a free exercise challenge under the Alaska constitution to a possession of marijuana charge, remanded the case to the trial court for a hearing on whether the defendants' conduct was based on a sincere religious belief. (See prior posting.) A few days ago the Kodiak Daily Mirror reported on the hearing that was held last week. Defendant Michael Lineker testified that Jewish and Hindu scriptures led to his belief that a liquid extract of marijuana buds is an essential ingredient of an anointing oil used since ancient times. He said that growing marijuana plants, and rituals at various stages of its growth, is part of the religious practice of his religion, United Global Mankind - Divine Maintenance and Direction. Under cross-examination, Lineker conceded that since his wife-- who is also charged with marijuana possession-- does not like to participate in the sacrament, it is presently a religion of one person. The judge scheduled a hearing beginning April 21 on whether the state has a sufficiently compelling interest that the marijuana laws should be enforced, without an exemption, even if defendants' conduct was based on a sincere religious belief.

UPDATE: On March 7, the Alaska Attorney General's office announced that in a March 1 order, Judge Larry Weeks held that "there is no religion in the Lineker’s professed belief system and that those beliefs are not sincere religious beliefs and a second hearing is not necessary." [Thanks to All American Patriots for the lead.]

Arizona Judge Leaning Toward Upholding Tax Credits For Private Tuition Contributions

In Arizona on Monday, a Maricopa County Superior Court judge told the parties at a hearing that her preliminary view was that she would uphold Arizona's law providing a tax credit to businesses that donate funds to provide low-income students with grants for private school tuition. KVOA News reported yesterday that Judge Janet Barton said that she was bound by a 1999 Arizona Supreme Court decision that upheld similar tax credits for individuals, though attorneys disagree over the scope of that ruling. The suit in Judge Barton's court was brought by the American Civil Liberties Union and the Arizona School Boards Association. It claims that the tax credit provisions violate state constitutional prohibitions against public funding for religious schools (Art. 2, Sec. 12) and provisions requiring a general and uniform public school system (Art. 11, Sec. 1).

UPDATE: On Wednesday, Judge Barton issued an opinion upholding the tax credit provisions. Plaintiffs said they would appeal, and said that a pending federal case may also rule on the issue. (Arizona Republic.)

Florida Religious Leaders Disagree On Firing Of Transgendered City Manager

Last week, the Largo, Florida City Commission voted 5-2 to begin the process to fire its city manager, Steve Stanton, after Stanton disclosed that he is transgendered and plans to seek sex-change surgery. The South Florida Sun-Sentinel reported that 500 people attended the City Council meeting, and while some defended Stanton, many called for his ouster. Pastor Ron Saunders of Largo's Lighthouse Baptist Church told Council: "If Jesus was here tonight, I can guarantee you he'd want him terminated."

Now however, another group of religious leaders plan to attend tonight's City Commission meeting to urge the Commission to reconsider its decision to fire Stanton. Yesterday's Largo Leader quoted Rev. Leddy Hammock, pastor of Unity Church of Clearwater, who said: "The Jesus I know called us to love one another, and taught, 'Stop judging by appearances, but judge justly'."

Indian Christians Urge Amendment of UN Universal Declaration of Human Rights

In India, this week's issue of Organiser reports that the Bangalore Initiative for Religious Dialogue, in a letter signed by 700 Christians, says it opposes "aggressive faith marketing" by any group. It also calls on the government of India and other nations to seek an amendment to the United Nations Universal Declaration of Human Rights to qualify the provision that protects religious freedom, including the right to change one's religious belief. The letter suggests an added sentence at the end of Art. 18 of the Universal Declaration that would provide: "However, no individual or organisation may seek to convert an individual or a group of individuals, including minors or individuals of limited cognitive abilities, formally or informally, from one religion to another by offering financial or other material incentives; through physical, mental or emotional coercion; or through threats or intimidation of any kind."

California Supreme Court Upholds Conduit Financing For Religious Schools

Yesterday in a 4-3 decision, California's Supreme Court upheld the governmentally-sponsored conduit financing of campus improvements at three pervasively-sectarian religious schools. Under the arrangement, state and local governments expend no public funds, but Community Development Authorities act as issuers of tax-exempt bonds to permit the schools to finance construction at lower interest rates than they would otherwise have to pay.

In California Statewide Communities Development Authority v. All Persons Interested In the Matter of the Validity of a Purchase Agreement, (CA Sup. Ct., March 5, 2007), a majority of the court held that the arrangement did not violate either California's Constitution (Art. XVI, Sec. 5) that bars state support for any school controlled by a sectarian denomination; nor does it violate the First Amendment.

The majority held that financing would be valid if it met 4 tests: it must serve the public interest and provide no more than an incidental benefit to religion; it must be equally available to secular and sectarian institutions; the program must prohibit use of bond proceeds for "religious projects"; and the program must not impose any financial burden on the government. The court went on to hold that the first of these tests would be met so long as the school provides a broad curriculum in secular subjects, and remanded the case to the trial court for it to determine whether the schools offer a sufficiently broad variety of secular courses.

The dissent argued that California's Constitution prohibits the state from acting as a fundraiser for schools. The Associated Press yesterday reported on the court's decision. [Thanks to How Appealing for my updated link to the opinion.]

Parliamentary Committee On Religious Freedom and Britain's Sexual Orientation Regulations

Last week, Britain's Joint House of Lords/ House of Commons Committee on Human Rights issued its report, Legislative Scrutiny: Sexual Orientation Regulations. Among other things, the report examines the impact on freedom of religion of anti-discrimination regulations already in effect in Northern Ireland, and those that will go into effect next month in the rest of Britain.
It says that in order to protect freedom of conscience, religion and belief, exemptions should assure that no one will be required to perform same-sex marriages, admit homosexuals to their religious organizations, or allow them to join in their activities or use their premises if this would violate their religious belief. It recommends that the new Regulations for Great Britain contain a narrow definition of harassment on the basis of sexual orientation in order to avoid incompatibility with freedom of speech religion and belief.

The report also recommended that there be no exemption for government-supported faith schools from the regulations that prohibit discrimination on the basis of sexual orientation. It says:

Regulations prohibiting sexual orientation discrimination should clearly apply to the curriculum, so that homosexual pupils are not subjected to teaching, as part of the religious education or other curriculum, that their sexual orientation is sinful or morally wrong. [This] would not prevent pupils from being taught as part of their religious education the fact that certain religions view homosexuality as sinful. In our view there is an important difference between this factual information being imparted in a descriptive way as part of a wide-ranging syllabus about different religions, and a curriculum which teaches a particular religion’s doctrinal beliefs as if they were objectively true. The latter is likely to lead to unjustifiable discrimination against homosexual pupils.

LifeSiteNews yesterday reports on reactions to the Joint Committee's report.

Indiana Hate Crimes Bill Dies In Legislature

Last week, a proposed hate crimes bill in the Indiana legislature (HB 1459) died under pressure from conservative Christians who opposed giving special protection on the basis of sexual orientation or gender identity. The bill would have permitted victims of a criminal offense to bring a civil action to recover damages if the person who committed the offense knowingly or intentionally selected the victim because of the victim's color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex. Also, targeting individuals on these bases would have been an aggravating circumstance in sentencing for a crime. Indiana is only one of five states without a hate crimes law.

The American Family Association of Indiana pushed a grassroots campaign that resulted in many e-mails to legislators from those opposed to the law. Then Rep. Jackie Walorski proposed an amendment that would have made the hate crimes law apply to a fetus. Democrats who control the House of Representatives decided to shelve the legislation in order to avoid a divisive debate on abortion. These developments were reported by WDC Media and by 365Gay.com.

US Supreme Court Dismisses School T-Shirt Case As Moot In Complex Procedural Move

Today the U.S. Supreme court engaged in a complex procedural maneuver in Tyler Harper v. Poway School District (Case No. 06-595). Last April, in a 2-1 decision, the U.S. 9th Circuit Court of Appeals refused to issue a preliminary injunction in a challenge by a student to Poway High School’s banning of his wearing a T-shirt condemning homosexuality in religious terms. (See prior posting). In October, a petition for cert was filed. (See prior posting). However, these proceedings did not finally decide the question of whether a permanent injunction should issue, and whether requested declaratory relief and damages should be awarded. Subsequently, in January, as cross motions for summary judgment were pending, the district court dismissed the claims brought by Tyler Harper as moot because he has graduated. It also rejected the First Amendment and state law challenges to the Poway, California school's hate behavior policies brought by Tyler's sister, Kelsie Harper, who had been added to the case through an amended complaint. (See prior posting).

Today the U.S. Supreme Court granted the writ of certiorari in the preliminary injunction proceedings, but without further briefing or argument vacated the lower court judgment and remanded the case to the 9th Circuit with instructions to dismiss Tyler Harper's appeal as moot. The Supreme Court also rejected the motion by Tyler Harper’s sister, Kelsie Harper, to intervene at the Supreme Court level in order to prevent the case from being moot. Her claims, however, are still pending on appeal in the lower courts.

En Banc Rehearing Sought In 7th Circuit In Campus Preaching Case

Last week, a petition for rehearing en banc was filed with the U.S. 7th Circuit Court of Appeals in Gilles v. Blanchard. (ADF Press Release.) The 3-judge panel in the case had upheld the refusal of a state university-- Indiana's Vincennes University-- to permit a traveling campus evangelist from preaching uninvited in the center of campus. (See prior posting).

Recent Prisoner Free Exercise Cases

In Holley v. California Department of Corrections, 2007 U.S. Dist. LEXIS 12683 (ED CA, Feb. 23, 2007), a California federal district court dismissed a prisoner's RLUIPA and Equal Protection claims, finding that defendants are entitled to qualified immunity. Plaintiff had claimed that he should be allowed to grow his hair for religious reasons despite prison grooming requirements.

In Fisher v. Virginia Department of Corrections, 2007 U.S. Dist. LEXIS 13063 (WD VA, Feb. 23, 2007), a Virginia federal Magistrate Judge recommended that certain of defendants' summary judgment motions be denied and that a prisoner be permitted to proceed with various of his First and Fourteenth Amendment and RLUIPA claims asserting that prison officials would not allow him to possess a "Thor's Hammer" pendant, central to his practice of Asatru, even though they allowed inmates of other religions to possess religious medallions. -- UPDATE: On March 15, the court adopted the Magistrate's report and recommendation, 2007 U.S. Dist. LEXIS 18270.

In Rose v. Snyder, 2007 U.S. Dist. LEXIS 13342 (SD IL, Feb. 27, 2007), an Illinois federal district judge approved the recommendations of Magistrate Judge denying the claims of a Rastafarian prisoner that he should be permitted to wear dreadlocks in violation of prison grooming rules.

In Abdullah v. Frank, 2007 U.S. Dist. LEXIS 13215 (ED WI, Feb. 26, 2007), a Wisconsin federal district court denied a motion for summary judgment by a Sunni Muslim prisoner who claimed that his rights under RLUIPA and the free exercise clause were infringed when he was denied the right to possess a turban/Kifiyyah, a Thawb and a silver ring in order to carry out the practices of his religion. The court found that questions of fact remained as to whether plaintiff's religious practices had been substantially burdened and whether prison officials acted in an intentionally discriminatory manner.

In Judd v. Adams, 2007 U.S. Dist. LEXIS 14502 (ED CA, Feb. 20, 2007), involved a claim by a prisoner who was an adherent of the Asatru/Odinist faith that he had difficulties in getting permission to keep a Thor's hammer medallion and alter cloth. A California federal Magistrate Judge dismissed the claims, but gave the prisoner the right to file amended complaints as to his First Amendment and RLUIPA claims.

In State of Ohio v. Whitaker, (OH Ct. App., march 2, 2007), an Ohio appellate court vacated the imposition of a 12-month prison sentence on Troy Whitaker, an adherent of a Native American religion, after he violated his community control by being unsuccessfully discharged from an alcohol residential treatment facility. Whhitaker had refused to cut his hair in violation of the program's grooming requirements. The court found that the state had not shown that forcing Whitaker to cut his hair is the least restrictive means to enforce any compelling interest the state has. It also held that Whitaker did not have to prove his Native American heritage to assert his claim.

Settlement Reached In Religious Expression Suit Against NC High School

Alliance Defense Fund announced last week that it has reached a settlement agreement with the Sampson County North Carolina Board of Education in a suit challenging a student's suspension for distributing materials outside of class as part of a nationwide "Day of Truth". The Day focuses on Christian beliefs that oppose homosexuality. In November, a North Carolina federal district court had issued a temporary injunction against Midway High School's policies on distribution of materials. (See prior posting.) In the settlement agreement, the school confirmed it had changed its policies in response to the temporary injunction and agreed to permit religious speech in the future. It also acknowledged that religious T-shirts are permitted at school and expunged the wrongful suspension from the record of student Benjamin Arthurs.

Many New Scholarly Articles Of Interest

From SSRN:
Michael J. Gerhardt, Why the Catholic Majority on the Supreme Court May Be Unconstitutional, University of St. Thomas Law Journal, Vol. 4, 2007 .

Kinari Patel, The Constitutional Paradox Posed by Permitting Polygamy in India, (February 24, 2007).

Perry Dane, Separation Anxiety: A Review Essay on Noah Feldman's "Divided By God", (Journal of Law and Religion, Forthcoming).

Ryan Benjamin Witte, I'm the Mommy, That's Why: A Minor's Right to Free Exercise when it Conflicts With a Parent's Hybrid Right Under Smith.

Nathan B. Oman, "United States v. Reynolds" , ENCYCLOPEDIA OF MORMON HISTORY, Paul Reeve & Ardis Parshall, eds. (ABC-Clio, Forthcoming).

From Bepress:
Gregory A. Kalscheur , S.J., Catholics in Public Life: Judges, Legislators, and Voters, (February 26, 2007).

Cyra Akila Choudhury, (Mis)Appropriated Liberty: Identity, Gender Justice, and Muslim Personal Law Reform in India, (2007).

From SmartCILP:
Vaughn E. James, The African-American Church, Political Activity, and Tax Exemption, 37 Seton Hall Law Review 371-412 (2007).

Symposium: End of Life Decision Making: The Right to Die? Articles by Steven H. Aden, Kathleen M. Boozang, Lois Shepherd, Wendy E. Parmet, Edward James Furton, Mark C. Rahdert, Corrine Parver, Joseph B. Straton, M.D. and Max Lapertosa. 15 Temple Political & Civil Rights Law Review 323-500 (2006).

Symposium: Religion, Division, and the Constitution. Introduction by Richard W. Garnett; articles by Lawrence B. Solum, Frederick Mark Gedicks, Stephen M. Feldman, David E. Campbell and Paul Horwitz. 15 William & Mary Bill of Rights Journal 1-146 (2006).

Symposium: Religion in the Public Schools. Articles by Steven G. Gey, Laura S. Underkuffler, Arnold H. Loewy, Jay D. Wexler, Richard B. Katskee, Luke Meier and Anthony R. Picarello, Jr. 5 First Amendment Law Review 1-200 (2006).

Temple Replica Found To Violate Zoning Code

In Matter of Winston v Town of Bedford, Zoning Board of Appeals, (S.Ct., Westchester Co., Feb. 27, 2007), a New York state trial court upheld a decision of a zoning board that found a replica of an 8th century Mayan Temple in a couple's back yard violates Bedford, New York's zoning code. The court rejected a claim that the zoning decision violates the couple's free exercise rights and RLUIPA, finding that the property owners could have built the replica elsewhere on their 13-acre estate and have been in compliance with the zoning code's setback requirements. The court also rejected the owners' claim that the replica was not a "structure" as that term is used in the zoning provisions. Friday's New York Journal News reports on the decision, pointing out that the property owners are an heir to the Harry Winston jewelry fortune and his wife.

Michigan Limit On Prisoner Suits Held Unconstitutional

Yesterday's Lansing State Journal calls attention to a January federal court decision that restores Michigan prisoners' rights to litigate free exercise claims. In Mason v. Granholm, 2007 U.S. Dist. LEXIS 4579 (ED MI, Jan. 23, 2007), the court struck down a provision that excludes prisoners from coverage under the Michigan Elliott-Larsen Civil Rights Act. The Act protects against religious (as well as other types) of discrimination in furnishing of public services. However in 2000, the Michigan legislature amended the law to provide that "public service does not include a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment". The court held that the amendment violates prisoners' right to equal protection of the laws. It concluded that "the state legislature has not attempted to deter frivolous lawsuits, but rather preclude meritorious ones."

International Body Upholds Soccer Hijab Ban

The International Football Association Board meeting Saturday in Britain has upheld a ruling by a Canadian soccer referee that a Muslim girl could not wear her hijab while playing in a championship game. (See prior posting.) Today's Toronto Star reports that the international group decided that it is up to the referee to decide whether the girl's headscarf violated Law 4 that provides a player "must not use equipment or wear anything that is dangerous to himself or another player (including any kind of jewellery)." The Muslim girl's team withdrew from the championship games last Sunday in protest of the ruling.

Jordan Journalists Oppose Proposed Law Against Villifying Religion

The Jordan Press Association yesterday passed a resolution opposing a proposed new press and publication law that would allow imprisonment of journalists for "defamation, vilification or abuse of religion". Today's Kahleej Times reports that the lower house of Jordan's Parliament is currently considering the proposed bill.

Saudi Virtue Commission Offical Defends Its Work

Arab News today reports on an interview with the director of the Madinah branch of Saudi Arabia's Commission for the Promotion of Virtue and the Prevention of Vice. Sheikh Suleyman Tuwaijri outlined five roles for the Commission: preventing "the growth of deeds and ideologies that pollute the pristine Islamic religious faith"..., "maintaining the practice of religious rites in society"..., "maintaining a sense of morality among people and protecting the honor of women by protecting them from being violated or harassed..., protecting the sanity and soundness of the human mind and intellect by preventing the manufacture and circulation of narcotics and intoxicants..., [and] protecting the cultural and ideological identity of society by [keeping] ... deviant ... publications ... and material from the reach of the public."

Tuwaijri rejected the allegation that the Commission denies women their rights. He said that the Commission "strongly intervenes when men try to harass [women] or tempts them to gratify their undignified impulses. The commission gives utmost importance to protect women’s rights and freedom that are accorded to them by the Shariah." He added, however that there are some things, which "are mistakenly claimed to be part of women’s freedom such as the immodest exhibition of their body and some other activities considered beyond the permissible limits of moral regulations fixed by Saudi society and the Shariah." He said that these "are in fact violations of the rights of other members of society who want to live in a morally chaste and unpolluted environment."

Suspended Christian Group Sues Georgia College

A college Christian outreach group, Commissioned II Love (C2L), has filed suit (text of complaint) in a Georgia federal court against Savannah State University claiming that the University violated the group's rights of speech, assembly, association and religion when it revoked its official recognition as a student organization for violating University rules. (Press release by ADF and NLF.) The University alleges that the group engaged in hazing, particularly by badgering members of fraternities and sororities. C2L claims that Greek letter groups violate Christian principles because they are founded on occult traditions, and generally encourage excessive drinking and premarital sex. It encourages students not to join Greek letter organizations or to deactivate if they are already members. The University also charged C2L with hazing because of its practice of having current members wash the feet of new members, as a symbol of Jesus' washing of his apostles' feet.

Proposal Would Amend Missouri Constitution to Permit School Prayer

HJR 19 has been introduced in the Missouri General Assembly. It proposes a state constitutional amendment that would "ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive nor in violation of other policies, rules, or standards, and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances". The proposed amendment also requires "that all free public schools receiving state appropriations ... display, in a conspicuous and legible manner, the text of the First Amendment of the Constitution of the United States".

Last Wednesday, the House Special Committee on General Laws heard testimony on the proposal. Saturday's issue of The Maneater reports that at the hearings, Rep. Beth Low argued that the amendment is unnecessary and would not accomplish its goals.

British Magistrate Denied Right To Opt Out Of Gay Adoption Cases

In Britain, the city of Sheffield’s Employment Tribunal has rejected a religious discrimination claim by a Justice of the Peace sitting as a magistrate in the Sheffield Magistrates' Court . The magistrate claimed that his Christian religious beliefs were violated when he was not permitted to opt out of overseeing cases involving adoptions by same-sex couples. The Employment Tribunal's decision prevents Magistrate Andrew McClintock from serving on the Family Panel, whose jurisdiction includes adoptions. BosNewsLife reported Saturday that the Tribunal ruled that "personal opinions" needed to be set aside in exercising the functions of public office. The Evangelical Alliance disagreed with the ruling, saying the case has to do with the need to make reasonable accommodation to religious conscience. Journal Chritien has additional background on the case.

California Christian School Loses RLUIPA Claim

On Friday, a jury in a California federal court ruled that Alameda County (CA) did not violate the Religious Land Use and Institutionalized Persons Act when it denied Redwood Christian Schools a permit to construct a new building. The San Francisco Chronicle says that the jury—after nearly a week of deliberations—decided that the county rejected the school’s request because of the need to keep land for agricultural use and open spaces. The jury rejected a claim that an earlier grant of a permit to a private non-religious school showed discrimination against Redwood. The non-religious school was building in an already developed area and was constructing a smaller building. Redwood Christian plans an appeal.

Anti-Jewish Remark Forces Candidate Out Of Mayoral Race

The Indiana Republican Party has asked Bob Parker not to file as a candidate for mayor of Indianapolis after Parker made a statement that was seen as reinforcing stereotyping of Jews. JTA reports today that Parker said: "I personally see Israel going into Iran and Syria in the next couple of months... It’s mainly because of the Jewish faction inside the Democratic Party. Most Jewish people are Democrats, and they bring that wealth."

Azeri Journalists On Trial For Insulting Muhammad

Interfax reported yesterday that a criminal trial of two journalists accused of insulting the Prophet Muhammad has begun in a court in Azerbaijan. The editor and a correspondent for Semet were charged with spreading ethnic, racial or religious hatred by publishing an article that allegedly insulted Islam.

UPDATE: The International Herald Tribune reported on Monday that the trial has been postponed as the court ordered a change of venue to the district where the newspaper offices are located instead of where the defendants live.

Kuwait Will Drop Religious Freedom From High School Curriculum

MEMRI today reports that Kuwait's education ministry plans to remove teaching about Article 18 of the Universal Declaration of Human Rights in the high school curriculum. Provision, which guarantees freedom of religion, including the right to change one's religion, is seen as contrary to Islamic law. In response, Kuwaiti reformist and intellectual Dr. Ahmad Al-Baghdadi has published two articles critical of Arab education and the mixing of religion into the teaching of secular subjects.

Registration Difficult To Obtan Under Serbia's Religion Law

Forum 18 yesterday gave an update on the status of religious freedom under Serbia's controversial Religion Law enacted last year. (See prior postings 1, 2 .) Only the Seventh Day Adventist and United Methodist churches and the Church of Jesus Christ of Latter-day Saints have been officially registered under the law. Many smaller religious groups have had their applications stalled. Some groups have decided not to apply for registration. Other groups are being sent by the Religion Ministry to register as an Association of Citizens with the Public Administration Ministry. But that ministry often sends them back to the Religion Ministry.

Controversial Chaplain Finally Discharged

On Tuesday, the D.C. Circuit Court of Appeals lifted its previously issued injunction, clearing the way for the Navy to discharge Chaplain Gordon Klingenschmitt. The Chaplain has been in a long-running dispute with the Navy over use of sectarian prayers outside of religious services. A September court martial found that he had disobeyed orders in wearing his uniform at a press conference challenging the Navy policy. More recently, the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, and decided he should be discharged. The Associated Press reports that Klingenschmitt signed his final separation papers yesterday, but said that he will pursue his lawsuit seeking reinstatement

Mennonnites Leave Missouri Over Drivers' Licence Requirement

The Mennonite community in Randolph County, Missouri is moving to Arkansas because Missouri's 2004 drivers' license law requires them to be photographed in violation of their religious beliefs. Yesterday's Columbia (MO) Tribune reports that the move comes because of a change in Missouri law made in anticipation of the requirements of the federal Real ID Act. Under prior law, Mennonites could obtain a complete religious exemption from the photo requirement. Now they can get a personal drivers' licence without a photo on it, but they are still required to have a picture on file with the state. Arkansas may well move to the same photo requirement when the federal requirements become effective in 2008. But as of now the Mennonites can get a 6-year Arkansas license with a full religious exemption from photos. Mennonite Frank Christner explained: "We can either stay here and struggle or move to Arkansas and have at least six years to drive and work."

Agency Finds Discrimination Against Catholic Priest At NIH

Last week the U.S. Merit Systems Protection Board decided Heffernan v. Department of Health and Human Services, (Feb. 23, 2007), concurring with EEOC findings that a Roman Catholic chaplain at an NIH clinical center had been discriminated against on the basis of his religion. (Press release.) The EEOC decision, Heffernin v. Leavitt, (Jan. 26, 2007), found that Father Heffernan had been removed from his chaplain's position in retaliation for his objections to the NIH's multi-faith chaplaincy that required him to lead religious services of other faiths as well as his own. It concluded that while the priest's discharge was said to be for failure to comply with training certification requirement, in fact that was a pretext for discrimination and retaliatory animus. The EEOC decision found a number of instances of expressed animosity toward Catholics by Heffernan's supervisor at NIH.

Indonesia Moves Toward Sharia

Yesterday's International Herald Tribune carries an article titled Islamic Hard-Liners Chip Away at Indonesia's Secular Traditions. It reports: "Women are jailed for being on the street alone after dark in parts of Indonesia, long held up as a beacon of moderate Islam. Gamblers are caned as punishment, Christian schoolchildren are forced to wear headscarves and a proposed law would sentence thieves to amputation of the hands." The developments are the result of a determined group of conservatives pressing for Islamic laws, and liberal Muslim leaders not engaging in public debate on the developments.

San Diego Diocese Files For Bankruptcy Reorganization

Just before midnight on Feb. 27, the Catholic Diocese of San Diego, California became the fifth Catholic Diocese to file for bankruptcy reorganization in the face of lawsuits seeking damages for past priest sexual abuse. Catholic Online reported yesterday that the filing was made just hours before the trial was to begin in the first of 140 lawsuits seeking damages for abuse by priests. (See prior related posting.) Bishop Robert Brom posted a letter on the Diocese website explaining the decision to file. It said in part: "We have decided against litigating our cases because of the length of time the process could take and, more importantly, because early trial judgments in favor of some victims could so deplete diocesan and insurance resources that there would be nothing left for other victims."

City Land Swap Challenged As Unconstitutional

In Coeur d'Alene, Idaho, a proposed land swap between the city and the Salvation Army is being criticized as unconstitutional by Americans United for Separation of Church and State. The Coeur d'Alene Spokesman Review today reports that the swap will be carried out through the city's Parks Foundation. Land valued at $1 million will be given to the Salvation Army in exchange for a different parcel of nearly equal value. The Salvation Army will use the land to construct a $30 million community center that will house athletic facilities and a 400-seat chapel. The city will also spend $3 million to prepare the land for construction.

Pressure For Evolution, Creationism In Curriculum Continues

Controversy on the teaching of evolution-- or its alternatives-- in public schools continues. In Idaho, science teachers have approved a policy that favors teaching evolution as understood by the scientific community. Fox12 News reported yesterday that the Idaho Science Teachers Association is now officially on record against teaching intelligent design in the science classroom.

Meanwhile, the Associated Press on Tuesday reported on a fascinating resolution aimed at placing the Tennessee state education commissioner on the spot. State Sen. Raymond Finney has introduced SR 17 in the Tennessee state Senate. The resolution is worth being quoted at length:

BE IT RESOLVED ... that the commissioner of the department of education ... is hereby respectfully requested by this body to respond to the following questions:

(1) Is the Universe and all that is within it, including human beings, created through purposeful, intelligent design by a Supreme Being, that is a Creator?

Understand that this question does not ask that the Creator be given a name. To name the Creator is a matter of faith. The question simply asks whether the Universe has been created or has merely happened by random, unplanned, and purposeless occurrences.

Further understand that this question asks that the latest advances in multiple scientific disciplines –such as physics, astronomy, molecular biology, DNA studies, physiology, paleontology, mathematics, and statistics – be considered, rather than relying solely on descriptive and hypothetical suppositions.

If the answer to Question 1 is “Yes,” please answer Question 2:
(2) Since the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught in Tennessee public schools?

If the answer to Question 1 is "This question cannot be proved or disproved," please answer Question 3:

(3) Since it cannot be determined whether the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught as an alternative concept, explanation, or theory, along with the theory of evolution in Tennessee public schools?

If the answer to Question 1 is "No" please accept the General Assembly’s admiration for being able to decide conclusively a question that has long perplexed and occupied the attention of scientists, philosophers, theologians, educators, and others....

Bill sponsor, Sen. Finney, a retired physician, lives some 60 miles from the town of Dayton, TN where the famous 1925 Tennessee Scopes Monkey Trial was held.

Montana Senate Keeps Child Health Contraceptive Payments Ban

The Great Falls Tribune reports that on Tuesday the Montana state Senate approved Senate Bill 500 by a vote of 25-24. However, a day later the result was reversed when, on its third reading, the vote was 25- to 25. The bill would have removed a ban on payment for contraceptives by the Children's Health Insurance Program. The program provides medical insurance to children from low income families. State Sen. Roy Brown illustrates the opposition: "This is going to take general fund dollars and put it in a program that to some portion of our society is against their religion."

Iran Universities Continue Discrimination Against Baha'is

The Baha'i World News Service yesterday reported that Baha'is in Iran continue to suffer discrimination in higher education. Last fall, the government removed a question about the applicant's religion from entrance examination papers, and for the first time in 25 years, a significant number of Baha'i students were admitted to Iranian universities. But now, at least 70 of the 178 who were admitted have been expelled as their religion becomes known. Baha'is are the largest religious minority in Iran, but have faced systematic discrimination since the 1979 Islamic revolution.

Worcester City Council Backs Invocations

Yesterday's Worcester (MA) Telegram & Gazette reported that Worcester City Council voted 6-5 to block Mayor Konstantina B. Lukes from seeking a legal opinion from the city solicitor on the legality of opening Council meetings with sectarian invocations. The issue was raised after Council's Dec. 5 meeting at which a local minister led an invocation that included "remember what Christmas is all about – it's about Jesus, in whose name we pray". That prayer led the Massachusetts Chapter of Americans United for Separation of Church and State to request that invocations be eliminated entirely from Council meetings.