Pennsylvania County's No-Smoking Law Impacts Churches

Last Friday's Pittsburgh Catholic reported on a memo sent by the Office for Legal Services of the Catholic Diocese of Pittsburgh on Allegheny County, Pennsylvania's new no-smoking ordinance. The memo attempted to clarify when the no-smoking ban applies to church properties. It applies to parish offices, but not to priests' living quarters. There is an exemption for fund-raising events on parish premises if only unpaid volunteers are used to run the event and if no one under 18 years old is admitted to the premises during the event.

8th Grader's Book Report Creates Church-State Issue

Mt. Washington Middle School in Bullitt County, Kentucky is in the midst of a new church-state battle, according to today’s Louisville Courier-Journal. An 8th grade teacher had given an assignment for each student to write a book report on a book of the student’s choice. Alex Thomas wrote his report on the Bible’s Book of Acts. The teacher videotaped the students reading their reports and began broadcasting them to the school during morning announcements. However, the school's principal, Denise Allen, ended the broadcasts saying that broadcasting young Thomas' report might violate the Establishment Clause and that some of the other 8th grader's book choices might not be appropriate for younger students. However, Thomas' mother says that this violates her son's constitutional rights. She said: "I feel that Christian kids should be allowed to speak about their faith and not be ashamed." She said she has contacted the American Center for Law and Justice that says the school should have merely attached a disclaimer saying that the reports do not necessarily reflect the school's views, instead of ending the broadcasts of the reports.

European Court Rules For Scientologists Against Russia

Last week, the European Court of Human Rights held that Russia had violated provisions in the European Declaration of Human Rights that protect freedom of religion, conscience , and association when it repeated denied re-registration under Russia’s new Religions Law to the Church of Scientology. The Court awarded damages, and said that it was up to the government of Russia to determine how to meet its obligations under the ECHR. It could grant re-registration, remove the requirement to obtain re-registration from the Religions Act, or re-open the domestic proceedings on the Church’s application. The full opinion in Church of Scientology Moscow v. Russia (ECHR, April 5, 2007) is available online, as is a Press Release summarizing the judgment.

A report by Religion News Service says that the judgment will force other European countries to change policies that do not treat Scientology as favorably as other religions.

Preliminary Injunction Against U. Wisconsin Clarified

[Revised] A Wisconsin federal district court has clarified a preliminary injunction that it originally issued on March 9 . The injunction was intended to prevent the University of Wisconsin- Madison from enforcing its non-discrimination policy against the Roman Catholic Foundation in a way that would have prevented its campus chapter from limiting membership to Catholics. However the original order might have been read more broadly than that. So in University of Wisconsin- Madison Roman Catholic Foundation v. Walsh, 2007 U.S. Dist. LEXIS 25670 (WD WI, April 4, 2007), the court issued a new order apparently intended to enjoin enforcement of the Board of Regents' Non-Discrimination Resolution only insofar as it forces inclusion of non-Catholic members in the Foundation. The court also held that it is irrelevant that the Foundation might voluntarily allow non-Catholics to become members since the court's order is concerned with preventing the University forcing non-Catholic members on the group.

Bills On Religion In Schools Introduced In Texas

Jews On First on Friday carried a long posting on Texas House Bill 1287 which would require all Texas school districts to establish elective courses in the history and literature of the Old and New Testaments eras. The bill requires that the Bible itself be used as the basic text for the courses-- a requirement that the Texas Freedom Network recommends be dropped. It also recommends other safeguards be added, such as appropriate training for teachers. The bill has elaborate provisions to protect teachers' and students' choice of the version of the Old and New Testament they will use in the course. It allows teachers to assign other supplemental readings, including material from outside the Judeo-Christian tradition. The bill requires that the courses be taught in an objective, non-devotional manner that does not promote commitment to particular religious beliefs. Critics of the pending bill nevertheless argue that it is tailored to promote a conservative Christian agenda.

Meanwhile, another Texas legislator has introduced the Religious Viewpoint Anti-Discrimination Act (H.B. 3678) into the Texas legislature. OneNewsNow reports that the bill's sponsor, Rep. Charlie Howard, says that the bill is aimed at preventing schools from censoring the religious speech of students. The bill sets out a Model Policy that schools may adopt in order to comply with the bill's provisions.

3 NYPD Officers Fail To Plead That AA Infringed Rights; One Pleads Enough

In four separate cases decided on March 30 by the federal district court for the Eastern District of New York, the court considered claims by New York City police officers that the Establishment Clause was violated when they were forced into participating in Alcoholics Anonymous. In three of the cases, the court held that plaintiffs had failed to adequately plead that their First Amendment rights were infringed. They alleged only that the program was "religious based," but did not indicate whether they were forced to pray or acknowledge God, or whether there were any references to God at all in the program. The cases are Bueno v. City of New York, 2007 U.S. Dist. LEXIS 24766 ; MacShane v. City of New York, 2007 U.S. Dist. LEXIS 25014; and Miller v. City of New York, 2007 U.S. Dist. LEXIS 25016. However, in a fourth similar case decided the same day, the court held plaintiff's allegations that his rehabilitation program made "references to God" to be sufficient to state a claim for a violation of his freedom of religion because a reference to any god is a preference of "religion to irreligion." McNamara v. City of New York, 2007 U.S. Dist. LEXIS 25015. [Revised.]

Recent District and Circuit Court Prisoner Free Exercise Cases

In Armstrong v. Beauclair, 2007 U.S. Dist. LEXIS 24008 (D ID, March 29, 2007), an Idaho federal district court concluded that various Idaho correctional officials and members of the Idaho Parole Commission violated the Establishment Clause by requiring an inmate, over his religious objections, to attend a religiously-based prison rehabilitation program prior to considering his eligibility for parole. The court required that the inmate be granted a new parole eligibility interview and hearing at which his refusal to attend AA sessions would not be considered. It also permitted plaintiff to move ahead with his damage claims against some, but not all, of the defendants.

In Johnson v. Sherman, 2007 U.S. Dist. LEXIS 24098 (ED CA, April 2, 2007), a California federal district court rejected a Rastafarian prisoner's request for a preliminary injunction to prevent prison officials from requiring him to submit to a tuberculosis skin test. The court found that the state had a compelling interest in requiring the test.

In Thomas v. Montana State Prison, 2007 U.S. Dist. LEXIS 25088 (D MT, April 4, 2007), a Montana federal district court affirmed a magistrate's decision rejecting the claim of a member of the Asatru Odinist faith that he was denied access to texts, tools and land necessary for religious worship.

In McFarland v. Ellis, 2007 U.S. Dist. LEXIS 25126 (ED CA, April 3, 2007), a California federal Magistrate Judge permitted a Muslim inmate in a federal prison to proceed with free exercise, equal protection and RLUIPA claims. Plaintiff claimed that he was denied a ceremonial meal to celebrate Eid-ul-Adha (feast of sacrifice), while Jews and Christians were accommodated with special food on their holidays.

In Spratt v. Rhode Island Dept. of Corrections, (1st Cir., April 6, 2007), the U.S. 1st Circuit Court of Appeals reversed a lower court and held that under RLUIPA, Rhode Island had failed to justify its blanket ban on inmates preaching to other inmates. It failed to show that the state's interest in prison security was furthered by the application of the ban to plaintiff who had been preaching in prison for seven years under a prior warden without incident. The Boston Globe on April 7 reported on the decision. (See prior related postings, 1, 2.)

In Safouane v. Fleck, (9th Cir.,March 30, 2007), the U.S. 9th Circuit Court of Appeals affirmed a lower court ruling that a Muslim prisoner's free exercise rights were not infringed when correctional authorities refused to permit her to wear her hijab in jail. Much of the decision, as well as the dissent, focused on other claims in the case.

In Nelson v. Runnels, 2007 U.S. Dist. LEXIS 25327 (ED CA, March 22, 2007), a California federal Magistrate Judge rejected as too vague a prisoner's allegations of RLUIPA violations. Plaintiff alleged that defendants had denied him access to religious services and threatened him for not complying with the grooming standards.

In Keen v. Noble, 2007 U.S. Dist. LEXIS 25211 (ED CA, April 4, 2007), a California federal Magistrate Judge recommended dismissal of First Amendment and RLUIPA claims by a prisoner of the Asatru faith. Plaintiff had requested that he be permitted to possess "runestones" as personal religious property and to construct a "hof" in which to conduct religious practices.

Pope Attempts To Re-Christianize Europe

The cover story in Easter Sunday's New York Times Magazine is on Pope Benedict XVI's attempt to re-Christianize Europe. Titled Keeping the Faith, the wide-ranging article on the Pope's background and beliefs and on the state of Christianity in Europe today concludes:

Benedict may be right that the Catholic Church has a world-historic chance to transform Europe and bring about change. But the church's own strictures could work against that. The paradox may be that for all his stylistic softening as pope, Joseph Ratzinger's own labors through the decades, applying his life experience with such rigor to protecting and preserving the church, are precisely what prevent Europeans from reconnecting with their roots. "Think of the silencing of theologian in recent decades," said Father Reese, the former editor of the Jesuit journal America. "The suppression of discussion and debate. How certain issues become litmus tests for orthodoxy and loyalty. All of these make it very difficult to do the very thing Benedict wants...."

Easter At The White House

On Friday, President George W. Bush issued his 2007 Easter Message (full text). It says in part: " In this season of renewal, we can rejoice in Christ's rising, draw strength and inspiration from His example, and remember that in the end, even death itself will be defeated. This Easter we pray for all our men and women in uniform and for the military families whose loved ones are deployed on important missions in distant lands. We remember especially those who have given their lives in freedom's cause. On this powerful day, let us join together and give thanks to the Almighty for the glory of His grace."

The White House Visitor Center features the traditional State Easter Egg Display of eggs decorated by artists from each state and the District of Columbia.

On Monday, the White House will host the annual White House Easter Egg Roll. The event has become increasingly politicized in recent years. CNS News reports that this year again the Family Pride Coalition is organizing lesbian, gay, bisexual, and transgendered parents and their families from all over the country to line up for tickets to the event. Anti-war groups plan to use this year's event to demonstrate against the war in Iraq. While the Easter Egg hunt is taking place on the South Lawn of the White House, the Vineeta Foundation and other groups will be sponsoring "the inaugural annual (Not So) White House Cluster Bomb Hunt" across from the White House at Lafayette Square.

Easter Service At Daley Plaza Raises Church-State Issue

At city-owned Daley Plaza in Chicago, a 19-foot cross was put up on Good Friday, and it will remain for a sunrise Easter Sunday religious service. WBBM780 reports that permitting the Sunday service on public property has raised some church-state objections. However, one of the planners of the sunrise service, attorney Thomas Brejcha, says that the Plaza is a public forum, and people should be able to use it to express religious ideas as well as political ones.

Scholars Analyze Defenders of Sectarian Government Invocations

Today's Winston-Salem Journal carries an interesting article analyzing the highly emotional debate in Forsyth County, North Carolina, over the sectarian invocations that have traditionally been offered at county commission meetings. Last month, the county commissioners were sued to end the practice. Bill Leonard, the dean of the Divinity School at Wake Forest University, said that attacks on sectarian prayers are attacks on the prestige and majority status of Protestants. Duke Divinity School professor Curtis Freeman agrees, saying "It's all about maintaining cultural control."

Article Profiles Alliance Defense Fund

Earlier this week, the Washington Spectator ran a long article on the activities of the Alliance Defense Fund, titled: Army of God-- The Legal Muscle Leading the Fight to End the Separation of Church and State. Here is an excerpt:

Through its National Litigation Academy, ADF has trained more than 900 lawyers, who commit themselves to performing 450 hours of pro bono legal work "on behalf of the body of Christ." It doles out millions of dollars a year to other Christian Right organizations—many of which are already well endowed—to cover attorneys' fees and costs.

Its three principal goals are protecting the "sanctity of human life" ...; promoting the "traditional family" ...; and ensuring the "religious freedom" of Christians.... Using the propaganda machinery of conservative media outlets and churches, ADF has created a zeitgeist of Christian victimhood....

(See prior related posting.)

Two Break-Away Church Cases Make News

The Grand Rapids Press reports that a state circuit court ruled on Friday it lacked jurisdiction to decide the disputed ownership of the historic Lamont, Michigan building housing the Lamont Christian Reformed Church. Instead, the issue must be decided by the congregation's parent body. In 2005, a majority of the church members broke away after their pastor-- convicted of drunk driving and obscene and disorderly conduct-- was deposed by the parent Christian Reformed Church. Those members sued claiming a right to the church building. However they failed to follow the parent church's guidelines for disaffiliation. The court held that the Christian Reformed Church has a hierarchical form of government. Property disputes "must be resolved through the denomination through its deliberative and adjudicative bodies." [Thanks to Brian D. Wassom for the lead.]
UPDATE: Here i s the full opinion in Lamont Community Church v. Lamont Christian Reformed Church, (MI Cir. Ct., April 4, 2007). [Again thanks to Brian Wassom.]

Meanwhile, yesterday's Rocky Mountain News reported that Colorado's largest Episcopal parish-- Grace Church and St. Stephen's in Colorado Springs-- has filed suit in state court asking a judge to declare that Colorado's Episcopal Diocese does not own the assets of the parish. Last month the parish-- upset over liberal rulings of the Episcopal church nationally-- voted to join the Convocation of Anglicans in North America, a missionary diocese affiliated with the Church of Nigeria. The Colorado Diocese than began to inform banks holding accounts of the parish that the break away members of the parish did not own the church's assets. Instead, it claimed, the bank accounts belong to members who remain loyal to the Episcopal Church USA and the Colorado Diocese.

Christian Terrorism Simulation In New Jersey School Outrages ACLJ

NewsMax yesterday reported that the American Center for Law & Justice has complained to New Jersey's Burlington Township High School about a simulated terror attack used to train students to respond to a real emergency. In the simulation, two armed policemen pretending to be members of a right wing fundamentalist Christian group forced their way into the school and pretended to shoot students in the hallways. Then they took 10 students hostage and locked themselves in the school’s media center. Supposedly the intruders were angry because the daughter of one of them had been expelled for praying before class.

ACLJ's letter to school officials argues that the simulation, and particularly the publicity about it, violated the Establishment Clause by targeting and publicly demeaning the Christian religion. The letter demanded a public apology. ACLJ said that no other group in America would tolerate that kind of hostility.

Florida Condo Will Permit Mezuzahs

Under pressure from the Florida Attorney General's office, a Fort Lauderdale condominium board has agreed that residents will be allowed to attach mezuzahs to the outside doorposts of their apartments. However residents will be required to ask for approval from the condominium board before putting up a mezuzah. Today's South Florida Sun-Sentinel reports on the developments. (See prior posting.)

NY Church Can Rent State Space; But Lawsuit Continues

After being sued last week by the Alliance Defense Fund, state officials have agreed to rent space in the Dulles State Office Building in Watertown, New York to the Relevant Church for it to use for Easter morning services. Newswatch50, however, reports that the lawsuit will continue in order to get the state to broadly change its policy that excludes religious groups from renting state-owned facilities.

Texas Legislator Walks Out On Muslim Prayer

On Wednesday, the invocation opening the session of the Texas Senate was offered by Imam Yusuf Kavacki. However when he offered blessings from the Koran, Sen Dan Patrick walked out in protest. He said: "we are a state of nation with freedom of religion under which we are entitled to pray and that is remarkable. But in many parts of the world, Jews and Christians would not be given that same right.... We are a nation that allows a Muslim to come in with a Koran but does not allow a Christian to take a Bible to school ... We are a Judeo-Christian nation, primarily a Christian nation." Yesterday's Daily Texan criticizes Patrick's actions.

Workplace Religious Freedom Act Compromise May Be Evolving

Haaretz yesterday carries an interesting article on the compromise proposals that are developing in the attempt to obtain enactment of the Workplace Religious Freedom Act by the U.S. Congress. (See prior related posting.) Some 40 faith organizations across the political spectrum favor the bill that would assure accommodation of religious beliefs in the workplace. However, a number of civil rights groups fear that the bill will be used by conservatives to harass gays and lesbians, proselytize co-workers, refuse to fill contraceptive prescriptions for women, and refuse to protect abortion clinics. Now at least two Jewish groups-- ADL and Hadassah-- favor a compromise that would limit the bill to claims involving religious dress and grooming, and time off for religious observance. A number of other Jewish groups however oppose any weakening of the original bill.

British County Refuses To Fund Easter Cross

For years in the British county of Lancashire, church volunteers have put up a large cross in the St. Annes' town square at Easter time. Now however, according to yesterday's Daily Express, European Union health and safety rules require that they hire contractors for the job. However, Lancashire County Council has refused to fund the costs of contractors saying that it would be an improper use of county funds. This in turn has led to a protest by residents who claim that the county is wrong in thinking that non-Christians would be offended by the cross. MP Philip Davies called the council decision "completely barmy".

Jews for Jesus Win Right To Leaflet In Two Cases

A New York trial court on Wednesday found that an Oyster Bay, New York permit ordinance is unconstitutional, and dismissed criminal charges against a member of Jews for Jesus who was arrested for handing out religious literature in an Oyster Bay park. In People v Mendelson, (Nassau Co. Dist. Ct., April 4, 2007), the court held that the ordinance contains no guidelines for the Town Board to use in deciding whether to grant or deny a permit. The ordinance was found to be unconstitutional on its face because of the complete discretion given to officials in deciding whether to permit leafleting in Oyster Bay parks.

Meanwhile in Los Angeles, a federal judge on Monday issued a preliminary injunction protecting the rights of members of Jews for Jesus to hand out literature in public parks. In Jews for Jesus v. City of Los Angeles, (CD CA, April 2, 2007), the court ordered police to protect Jews for Jesus members who plan to hand out literature outside the Israel Independence Day Festival planned for later this month in Los Angeles' Woodley Park. However, distribution must be at least 10 yards away from the festival entrance. An ADF release discusses the decision.

Former MI State Trooper Says He Cannot Be A Chaplain

The Associated Press today reports that a retired Michigan state trooper has filed an unusual civil rights claim arguing that he is being pressured to serve as a chaplain even though he is not ordained. The police officer was injured in an auto accident while on the job. Initially the state granted him workers' compensation payments, but later terminated them because he refused to accept a position as a Department of Corrections chaplain. Former trooper Bruce Paris, a Pentecostalist, holds a master's degree in biblical studies, but says that his conscience will not permit him to work as a member of the clergy without being called. A bishop of the Church of God In Christ says that it would violate church doctrine for Paris to take the chaplain position.

Another City Authorizes A 10 Commandments Monument

On Tuesday, the Bloomfield, New Mexico City Council voted unanimously to authorize a Ten Commandments monument in front of Bloomfield City Hall. The monument will cost between $5 and $6 thousand. A fund has been set up through a non-profit religious organization to permit individuals to make contributions independently or through their churches. Yesterday's Farmington (NM) Daily Times reported Council rejected the suggestion that other historic documents be put up along with the Ten Commandments. Shirley Olbert, a retired history teacher who supports the proposal said: "The Ten Commandments are basically a law of the land from a historical standpoint — it's what our Founding Fathers used to reflect a lot of their issues and our historical documents."

Challenge To Faith-Based Jail Program Settled

On Tuesday, a settlement agreement was filed in a Scranton, Pennsylvania federal district court in a suit that had challenged a proselytizing faith-based vocational training program that was operated at the Bradford County jail. The Towanda (PA) Daily & Sunday Review reported on the settlement. Without admitting wrongdoing, the county agreed not to use public funds to support religious activities or maintain buildings primarily used for religious activities. It also agreed not to discriminate on the basis of religion in publicly funded programs. The Firm Foundation program, which ended in 2005, had been designed to train prisoners in life skills. (See prior posting.)

Mt. Soledad Plaintiff May Not Depose Officials On Legislative Motivations

Litigation challenging the San Diego, California Mt. Soledad cross and the memorial surrounding it never seems to quite end. Earlier this week, a California federal district court issued an interesting decision denying the plaintiff in one of the suits the right to depose Congressional Representative Duncan Hunter and the City of San Diego Mayor Jerry Sanders. Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 24093 (SD CA, April 2, 2007), is a challenge under the Establishment Clause to H.R. 5683 that transferred title to the cross and memorial to the United States. Plaintiff sought to depose the mayor and the Congressman about the purpose underlying the legislation. The court held that the deposition of Rep. Hunter is precluded by the Constitution's "speech and debate" clause and that the information sought in both depositions-- the subjective motivation of legislators-- is not relevant to plaintiff''s Establishment Clause claim.

Court Orders Marine Discharged As Conscientious Objector

The Associated Press reports that last Thursday, a California federal district judge ruled that Marine Lance Corporal Robert Zabala should be discharged as a conscientious objector. Zabala, who followed some Buddhist traditions, argued that the sanctity of life formed the moral center of his life. Judge James Ware's opinion in the case is available on Westlaw. The case is Zabala v. Hagee, 2007 WL 963234 (N.D.Cal., March 29, 2007).

Colorado Church's RLUIPA Claim Survives Dismissal Motion

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2007 U.S. Dist. LEXIS 23701 (D. CO, March 30, 2007), a Colorado federal district court rejected a county's motion to dismiss a church's claim that denial to it of a special use permit violated RLUIPA. The court held that there were issues of fact as to whether the denial imposed a substantial burden on the church's free exercise of religion, whether the church's project would affect interstate commerce, and whether the county's zoning scheme subjected the church to an individualized assessment that is necessary to trigger RLUIPA. The court also held that the church's complaint adequately stated free speech, free exercise and equal protection claims.

Government Agency May Not Restrict Religious Messages On Employee Bulletin Boards

In Lister v. Defense Logistics Agency, 2007 U.S. Dist. LEXIS 23804 (SD OH, March 30, 2007), an Ohio federal district court struck down as unconstitutional a bulletin board policy of the Defense Logistics Agency that prohibited items reflecting a religious preference from being posted on Notice Bulletin Boards in the workplace. It held that "once the government creates a board open for posting by employees of virtually any noncommercial message, it may not exclude those messages of a religious nature."

Church Daycare Zoning Permit Application Remanded

In Ridley Park United Methodist Church v. Zoning Hearing Board Ridley Park Borough, (PA Commn. Ct., April 3, 2007), a Pennsylvania appellate court reversed and remanded to the zoning board the grant of a special zoning exception to allow a church to operate a day care center on its property. The court held that denial of a special exception would not violate the Pennsylvania Religious Freedom Protection Act because daycare is not a fundamental religious activity of a church. However, the court remanded the case for a determination of whether the daycare was a "parochial educational institution" and therefore entitled to a special exception under the borough's zoning ordinance.

7th Circuit: Taxpayer Lacks Standing To Challenge Federal Aid To Boy Scout Jamboree

The U.S. 7the Circuit Court of Appeals today in Winkler v. Gates, (7th Cir., April 4, 2007), held that a taxpayer did not have standing to bring an Establishment Clause claim challenging the constitutionality of 10 USC 2554, the federal statute that authorizes the United States military to assist the Boy Scouts of America with its national Jamboree. The court held that the Jamboree statute is not primarily a taxing and spending statute-- and so a precondition to successful assertion of taxpayer standing was lacking. All 3 judges agreed that the taxpayer lacked standing, but Judge Sykes wrote a concurring opinion arguing that the taxpayer standing doctrine is not merely prudential, but is constitutionally mandated. Today's Washington Post reports on the decision. Boy Scouts of America issued a statement praising the decision. (See prior related posting.) [Thanks to How Appealing for the lead.]

Elementary School Violated 4th Grader's Speech Rights In Barring Religious Fliers

A New York federal district court last week held that the Liverpool Central School District in upstate New York violated a fourth-grader's First Amendment speech rights by refusing to permit her to hand out Christian religious fliers to her classmates during non-instructional times. In M.B. v. Liverpool Central School District, (ND NY, March 30, 2007), the court found that the fliers would not cause substantial disruption, and that the school's policy requiring advance approval of student handouts was unconstitutional because it had no objective criteria under which determinations would be made. An Associated Press story yesterday reported on the decision.

Church Loses Challenge To Health Inspectors' Visits

In Youngblood v. Florida Department of Health, (11th Cir., March 28, 2007), the U.S. 11th Circuit Court of Appeals rejected a civil rights claim against the Florida Department of Health brought by the First Conservative Baptist Church, its minister and a Christian school it operates. Health officials insisted on inspecting the classrooms and playground of the school, housed on the church’s premises. The court held that the First Amendment was not violated by this attempt to enforce a neutral regulatory statute of general application, and that the Florida Religious Freedom Restoration Act was not violated because there was no showing of a substantial burden on free exercise rights. The court also rejected equal protection, due process and conspiracy claims.

President Bush's Passover Message

Today President Bush issued his annual Passover Message, sending greetings to those celebrating the Jewish holiday. His message concludes that "Passover is a time of hope and faith and a time to reflect on God's boundless love and endless mercy." Passover begins at sundown this evening.

Recent Articles and Scholarship In Law and Religion

From SSRN:
Perry Dane, Exemptions for Religion Contained in Regulatory Statutes" . Encyclopedia of American Civil Liberties, Vol. 1, pp. 559-562 (2006).

Chaim Saiman, Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law, Villanova Law/Public Policy Research Paper No. 2007-5.

From SmartCILP (mostly):
James Forman Jr., The Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics (Abstract), 54 UCLA Law Review 547-604 (2007).

Kamran Hashemi, Religious Legal Traditions, Muslim States, and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation, 29 Human Rights Quarterly 194-227 (2007).

Thomas J. Paprocki, Marriage, Same-Sex Relationships, and the Catholic Church, 38 Loyola University Chicago Law Journal 247-264 (2007).

Theresa J. Pulley Radwan, Keeping the Faith: The Rights of Parishioners In Church Reorganizations, 82 Washington Law Review 75-120 (2007).

James A. Sonne, Firing Thoreau: Conscience and At-Will Employment, 9 University of Pennsylvania Journal of Labor & Employment Law 235-291 (2007).

Gerard V. Bradley, The Blaine Amendment: Harbinger of Secularism?, 8 Engage 138-143 (Feb. 2007).

Church of England Bishop Tests Scope of Employment Equality Regulations

In Britain, a leading Church of England bishop is forcing a test of the scope of exemptions to the country's 2003 Employment Equality (Sexual Orientation) Regulations. According to yesterday's Observer, the Bishop of Hereford, Right Reverend Anthony Priddis, blocked the appointment of John Reaney as a youth worker, despite a unanimous recommendation of an interview panel that he be given the job. An exemption in the Employment Equality Regulations for organized religion has so far been interpreted to apply only to a few positions that are close to clergy. (Background). On Wednesday, an employment tribunal in Cardiff will hear Reaney's challenge to the Bishop's action.

"Bong Hits 4 Jesus" Litigant's Interview Published

On Sunday, the Longview (TX) News-Journal published an interesting interview with Joseph Frederick, appellant in a first Amendment case argued before the U.S. Supreme Court last month. (See prior posting.) Frederick unfurled a banner reading "Bong Hits 4 Jesus" while his high school watched the Olympic torch pass through Juneau, Alaska. Frederick told the paper:

I was looking for unusual, hilariously funny, provocative and controversial speech that would not be easily understood but would be wide open to subjective interpretation to anyone that read it. When (the principal) demanded to know the meaning, I told her it could be interpreted as an acronym for "Bring on the national games, head into town for Jesus" — but that was not the meaning. I told her the banner message was never intended to promote drugs or religion but the message was to be interpreted subjectively and a person was free to assign whatever meaning and value to the banner they desired to assign to it, and if someone interpreted it as a religious message or a drug message then that is what the sign meant to them....

My message to the school was clear. "I am asserting my First Amendment free speech rights, there is nothing you should be able to do about it, and I am doing it in front of a national audience," CNN news. The underlying message I believe is quite clear: No one can interfere with my free speech rights and the free expression of my thoughts. I guess I took my Texas spirit and stubbornness with me when I moved to Alaska.

Recent Prisoner Free Excercise Cases

In Pasco v. Donald, 2007 U.S. Dist. LEXIS 22809 (MD GA, March 28, 2009), a Georgia federal district judge accepted a Magistrate’s recommendation to dismiss an Islamic inmate’s claim challenging his prison diet. The inmate argued that, for religious reasons, his diet should include fish. The judge also held that the dismissal should be with prejudice, instead of without prejudice as the Magistrate had recommended.

Sample v. Lappin, 2007 U.S. Dist. LEXIS 21777 (D DC, March 28, 2007), is a D.C. district court case in which a Jewish prisoner claims he should have the right to consume wine on the Sabbath and at a Passover seder. In an earlier decision, the court held that Bureau of Prison regulations substantially burden the inmate's sincerely held religious beliefs, but that the government has a compelling interest in controlling alcohol consumption in prisons. It ordered a trial on whether a complete ban was the least restrictive means to carry out that interest. In this decision the court rejected motions asking it to reconsider various portions of its earlier decision and to dismiss the case as moot or for failure to exhaust administrative remedies.

In Keal v. Washington, 2007 U.S. Dist. LEXIS 20961 (WD WA, March 23, 2007), a Washington federal district court upheld a Magistrate Judge's recommendations, dismissing a series of claims against a number of correctional officials. The suit by two prisoners challenged denial of a Halal diet, denial of a Muslim sponsor, claims regarding prayer at work, interference with the ability to observe Ramadan, and a prohibition on wearing dreadlocks.

In Smith v. Bruce, 2007 U.S. Dist. LEXIS 21220 (D KA, March 23, 2007), a Kansas federal district court permitted a prisoner to move ahead with his claim that his free exercise rights were violated when defendants repeatedly served him gelatin containing animal by-products, in violation of his religiously mandated vegetarian diet.

In Porter v. Caruso, 2007 U.S. Dist. LEXIS 21244 (WD MI, March 26, 2007), a Michigan federal district court, accepting the conclusions of a magistrate judge, permitted an inmate to proceed to trial on his claim that prison authorities violated RLUIPA by barring him from purchasing a replacement ankh cross, which he says is the primary symbol of his practice of the religion of Kemetic Spiritual Science.

In Thompson v. Scott, 2007 U.S. Dist. LEXIS 21742 (SD TX, March 27, 2007), a Texas federal district court permitted a prisoner to move to trial on his claim that the prison's grooming standards infringed his free exercise rights and his rights under RLUIPA. He alleged that he was forced to cut his hair in violation of his Native American Cherokee-Blackfoot religious traditions.

In Christiansen v. Walker, 2007 U.S. Dist. LEXIS 22215 (SD IL, March 28, 2007), a Muslim prisoner alleged that the defendants did not provide him a diet or hygiene supplies free of animal products, that they forced him to attend Christian religious programs , and that they did not permit him adequate time or space to observe his prayer rituals and participate in fasting rituals. An Illinois federal district court dismissed claims against three of the defendants because they were not involved in the decision to deny plaintiff religious accommodation. As to the other defendant, the court granted him summary judgment on plaintiff's dietary claims, but not on his other claims.

Profiling of Autos Carrying Bibles OK'd

Apparently it is common practice for illegal drug couriers to carry a Bible on their vehicle dashboard to avoid suspicion. In Frazier v. Lutter, 2007 U.S. Dist. LEXIS 22277 (D NE, March 27, 2007), a Nebraska federal district court rejected a claim based on police targeting of a vehicle in part because of a Bible on its dash. A convicted drug defendant argued that the targeting violated his First Amendment rights. The court said that the drug courier was no more punished for carrying a Bible than he was for driving a vehicle.

DNA Swab Does Not Violate Putative Father's Free Exercise Rights

In State of Ohio ex rel. Maxwell v. Trikilis, (OH App., March 26, 2007), an Ohio appellate court rejected a putative father's claim that taking a DNA sample from him in order to determine paternity violated his free exercise rights under the Ohio and U.S. constitutions. Deann Maxwell claimed that his religion, Spiritual Individualism, contains a tenet that nothing can be taken from the body unless it serves a medical purpose. The court held that the state has a compelling interest in ensuring that children are supported by their natural parents. It concluded that the state had used the least restrictive means available to resolve the paternity dispute when it took a DNA sample by a buccal swab instead of by drawing blood.

Court Rejects Several of School's Claims In Attempt To Get Building Permit

An earlier posting reported on a jury's ruling against Redwood Christian Schools in its RLUIPA discrimination claim against Alameda County, California. The school was seeking a permit to construct a new building. Now there is available the California federal district court's opinion in the same case dismissing the school's First Amendment claims, and one of its RLUIPA claims, before they reached the jury. In Redwood Christian Schools v. County of Alameda, 2007 U.S. Dist. LEXIS 22626 (ND CA, March 8, 2007), the court rejected as a matter of law the school's claim that its free exercise, freedom of association and free speech rights had been violated. The court also rejected a RLUIPA "Unreasonable Limitation" claim.

Slovakia's Parliament Makes Church Recognition More Difficult

The Slovak Spectator says that Slovakia's Parliament last Thursday approved an amendment to the country's Law on Religious Freedom that will make it more difficult for churches to obtain official recognition. In the past, an group was required to submit a petition with the signatures of 20,000 adult permanent residents stating they share the beliefs of the community. Under the amendment, signatures must be from adults who are actually members of the group and who are Slovak citizens as well as permanent residents.

North Carolina County Commission Sued Over Sectarian Prayers

WGHP reported on Friday that the ACLU and Americans United have filed a federal lawsuit against the Forsyth, North Carolina, County Commissioners challenging their practice of opening meetings with a sectarian prayer. The lawsuit says that a majority of the prayers offered by religious leaders to open commission meetings in 2006 invoked the name of Jesus Christ. (See prior related posting.)

UPDATE: Here is the full text of the complaint in the lawsuit. Sunday's Winston-Salem Journal reports that commissioners will meet on Thursday to discuss whether they should fight the lawsuit. The high cost of mounting a defense will be one consideration.

Compromise Reached Over Ownership Of Czech Cathedral

AFP reports today that the government of Czech Republic and the Roman Catholic Church have reached a compromise over control of St. Vitus' Cathedral, one of Prague's best known landmarks. After 14 years of litigation, the parties have agreed that the Church and president's office will jointly manage the Cathedral. The Church has claimed that it still holds title to the Church and that the Communist regime of the country did not effectively cancel its ownership. (See prior posting.)

British Veiled Teacher's Appeal Rejected

In a widely followed case, Britain's Employment Appeal Tribunal has upheld the suspension of a Muslim teacher who was fired last year for refusing to remove her full-face veil while teaching children at a school in West Yorkshire. (See prior postings, 1, 2.) A Press Association report says the Tribunal found that the school had justified its actions in this case. However, the Tribunal held that it is possible for religious discrimination laws to be violated when action is taken against a person because the person wears particular religious symbols or clothing.

Religious Defamation-- UN Defends Muslims While NY Catholics Object To Art Display

On Friday, the United Nations Human Rights Council adopted a resolution urging countries to take action to protect "against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions". It also focuses on racist and xenophobic materials. (UN Press Release.) The resolution, proposed by Pakistan, expresses concern over measures designed to control and monitor Muslim and Arab minorities which serve to stigmatize Muslims and legitimate discrimination against them. (Associated Press of Pakistan). Reuters reports that the vote on the resolution was 24 yes, 14 no and 9 abstentions. Western European states opposed the resolution, saying that the role of the Council was to deal with rights of individuals, not rights of religions. They also objected that it focused too much on Islam.

Meanwhile, CNN today reported on a different kind of concern over defamation of a religion. New York's Roger Smith Hotel closed down a display titled "My Sweet Lord" after a flood of objections from Catholics to the display's nude, anatomically correct chocolate sculpture of Jesus. Bill Donohue, head of the Catholic League, said the life-size statue was "one of the worst assaults on Christian sensibilities ever."

In a series of releases from the Catholic League, Donohue first said: "All those involved are lucky that angry Christians don’t react the way extremist Muslims do when they’re offended—otherwise they may have more than their heads cut off." (March 29 Release). Then, saying that sculptor Cosimo Cavallaro has invited the public to show up at midnight on April 1 to take a bite of his chocolate sculpture, he continued: "The Roger Smith Hotel is morally bankrupt. It is the goal of the Catholic League to make it financially bankrupt as well." (March 29 Release #2). Finally, after the exhibit was closed, Donohue said: "While we are delighted with the outcome, we are not pleased with the comments of the gallery’s creative director, Matt Semler. For him to say that our objection to this outrageous display constitutes hate speech and is the equivalent of a fatwa shows how deliriously irresponsible this man is." (March 30 Release.)

Turkey's Secularist Tradition At Issue In Murder Trial

Today's Wall Street Journal carries a front page article titled "In Turkey, a Judge's Murder Puts Religion in Spotlight". [subscription required]. It details the background of the trial in Ankara of a radicalized Muslim lawyer who murdered a secularist judge of Turkey's top administrative court last year. The attack wounded three other judges. The attack stemmed from the judges' decision upholding a school's refusal to promote a kindergarten teacher because, in its view, she set a bad example by insisting on wearing a Muslim headscarf near her school. (See prior postings 1, 2, 3). Earlier this month, Turkey's Public Prosecutor urged that the assassin, Alparslan Arslan, and three others be given life sentences in solitary confinement with no possibility of parole on charges of "establishing and running an illegal armed gang to subvert the constitutional regime through coercion." (New Anatolian, March 2.) [Thaks to Steven H. Sholk for the lead.]

Motion Seeks Dismissal of Trespass Charges Against Gideon Bible Distributors

The Baptist Press yesterday carried a story about the Motion to Dismiss (full text) filed earlier this month in a Monroe County, Florida court by the Alliance Defense Fund seeking the dismissal of trespass charges against two members of The Gideons International who were arrested for distributing Bibles on school property. The two men were arrested in January after being asked to leave the elementary-middle school campus by sheriff's deputies called by the school's principal when she received complaints from parents. Much of the legal argument turns on a Florida statute (F.S.A. 810.097) which prohibits any person who "does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property." The motion argues that defendants did have legitimate business, had permission to be there, and in any event that the enforcement of the statute against them violates their First Amendment rights. It also argues that the statute is vague and overbroad.

Kansas Legislature Passes Ban On Funeral Protests

The Kansas legislature yesterday followed the lead of 32 other states, passing and sending to the governor for her signature a bill that outlaws funeral protests. The bill prohibits demonstrations within 150 feet of a funeral from one hour before to two hours after the funeral service. (House Sub for SB 244). Today's Wichita Eagle reports on the bill, enacted by the state that is home to Westboro Baptist Church whose members regularly picket funerals of veterans to protest homosexuality in the United States. The bill directs the state attorney general to seek a judicial determination of the constitutionality of the new law. Apparently this provision is designed to prevent Westboro pastor Fred Phelps and his followers from recovering attorneys' fees in a challenge to the new law. The bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. The bill also allows family members to sue funeral protesters for defaming a deceased. Normally a cause of action is not available for defaming a dead person. A legislative note summarizes the bill's provisions.

UPDATE: On Friday, Kansas Gov. Kathleen Sebelius announced that she would sign the anti-funeral protest bill into law. (Lawrence Journal-World).

Pakistan Brothel Owner Kidnapped, Then Released By Muslim Students

In Pakistan, a religiously motivated kidnapping has come to what some consider a happy ending. Late last Tuesday in Islamabad, after a brothel owner, known as Aunty Shamim, refused to close down her establishment, a group of 30 female and 10 male Muslim students broke into the brothel and took Shamim, her daughter, her daughter-in-law and her 6-month-old granddaughter as captives inside their Jamia Hafsa seminary. The incident was reported by the Associated Press and by Al Jazeera. A student, saying that their religion authorizes their conduct, said the women would be released if they promised to close the brothel. Authorities responding to the kidnappings on Wednesday arrested two of the seminary's female teachers and two male students. This in turn led to protests by students and by the seminary's vice-principal who threatened "jihad" unless the female teachers were released.

Today's Gulf Daily News reports that Aunty Shamim has been released after she put on a burqa and signed a statement saying in part: "I seek forgiveness for the sins that I have committed and declare I will live like a true Muslim and preacher of religion." Aunty Shamim's relatives and the arrested teachers have also all now been released, as have two policemen who were seized by protesting students.

Oregon Church Loses RLUIPA Land Use Appeal

An Oregon church has been unsuccessful in forcing a county to grant it a special use permit to locate a school in its planned church and day care building. In Timberline Baptist Church v. Washington County, (OR App., March 28, 2007), in a 2-1 decision, an Oregon Court of Appeals upheld the denial of a special use permit to Timberline Baptist Church, finding that under RLUIPA the denial did not impose a substantial burden on the church's free exercise of religion. The majority rejected the church's claim that requiring it to seek out other suitable property would itself be a substantial burden. The dissent argued that the denial does create a substantial burden because Timberline is being forced to give up its approved church and day care facility on the property it owns, or else to abandon its religious precept of operating a church and religious school on the same property.

Suit Against California School By Jehovah's Witness Settled

A Jehovah's Witness minister has settled her suit against the Modesto, California school district. Eon Walden claimed that her grandson was required to participate in Sonoma Elementary School holiday activities even though she had requested he be excused from them because they conflicted with their religious beliefs. According to an Associated Press report, the school child was forced to recite the Pledge of Allegiance and color a Thanksgiving turkey. The suit, settled for payments totally $30,000, also alleged racial discrimination. The school district has denied the allegations.

NY Church Challenges Refusal To Rent It Space In State Building For Easter Services

On Tuesday, the Alliance Defense Fund filed suit in a New York federal district court on behalf of a Watertown, NY church that wishes to rent a conference room in the Dulles State Office Building to use for Easter services. (Release). Seeking an injunction and declaratory relief, the complaint (full text) challenges state rules that permit building space to be rented out by private groups for educational, cultural, or civic purpose, but prohibits its use for religious activities or services. It claims that the policy violates the First and 14th Amendments. News10now reports on the lawsuit.

Maldives Says Islamic Identity Is Crucial To Protect National Unity

Last August, the United Nations Special Rapporteur on freedom of religion or belief issued a report strongly critical of the Maldives for its lack of religious freedom. The report said that in the country, the concept of national unity appears to have become inextricably linked to the concept of religious unity. Minivan News reported yesterday on a response to the report. On Tuesday, Maldives Permanent Representative to the United Nations in Geneva, Hassan Sobir, addressed the UN's Human Rights Council, saying: "It is of paramount importance to the Government of the Maldives to maintain our Islamic heritage and identity and to protect the national unity and harmony that flow from it...The current challenge facing the Maldives is therefore to preserve our identity and unity while at the same striving to conform to international standards."

House Presses For Liability Shield For Passengers In "Flying Imams" Case

As previously reported, a suit by six imams who were removed from a U.S. Airlines flight in Minneapolis last November after passengers became concerned about their behavior has stirred a great deal of controversy. Now Congress is weighing in. On Tuesday, the U.S. House of Representatives voted 304-121 to send the Rail and Public Transportation Security Act of 2007 back to committee so that language shielding passengers can be inserted into the bill. CNS News reports that Republican proponents of the amendment want to prevent passengers from hesitating to report suspicious behavior, while Democratic opponents were concerned that the amendment would encourage racial profiling. Here is a summary of the Republican motion to recommit from a news release on Congressman Bill Shuster's website:

The Republican motion to recommit H.R. 1401, the Rail and Public Transportation Security Act of 2007, provides that any person who makes a voluntary disclosure regarding suspicious activity that constitutes a possible threat to transportation security to appropriate security and law enforcement authorities shall be immune from civil liability for such disclosure.

The amendment protects any such disclosure relating to threats to transportation systems, passenger safety or security, or possible acts of terrorism.

The amendment also shields transportation systems and employees that take reasonable actions to mitigate perceived threats.

The amendment is retroactive to activities that took place on or after November 20, 2006 - the date of the Minneapolis incident involving six Islamic leaders who were removed from a U.S. Airways flight after they were observed acting suspiciously.

Finally, the motion authorizes courts to award attorneys fees to defendants with immunity.

Additional coverage is at Michelle Malkin's blog and at OmniNerd.

Congressmen Call America to Prayer

The 35-member Congressional Prayer Caucus at a press conference on Wednesday launched an initiative to encourage every American to spend five minutes a week praying for the nation. Today's Detroit Free Press reports on the effort. The group has created a "Wall of Prayer Around America" page on the Congressional Prayer Caucus Foundation website. Using a graphic of the Western Wall in Jerusalem, it seeks individuals to sign up for specific times to pray so that all times are covered. Reacting to the effort, Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, said: "Lawmakers should stick to their constitutional duties and leave religious decisions to individuals.... Religion is too important to become a political football." Additional coverage of the story is on Blog from the Capitol and Melissa Rogers websites.

Employees Lodge Religious Objections To Hand Scanners

On Point Legal News today carries an interesting story on recent lawsuits brought by employees who object to using biometric hand scanners to clock their arrival and departure from work. They interpret the Biblical Book of Revelation, Chap. 13, as warning against taking the "Mark of the Beast" on one's forehead or right hand. Plaintiffs, citing religious concerns, want to use an alternative method to record their working hours. Some employers have accommodated employees by permitting them to place their left hands, instead of their right hands, under the scanners.

Illinois Court Dismisses Pharmacists' Challenge to Rules for Lack of Ripeness

In a recent decision in Morr-Fitz, Inc. v. Blagojevich, (IL 4th Dist App., March 19, 2007), an Illinois state appellate court, by a vote of 2-1, dismissed a challenge brought by pharmacists and drug stores to State Board of Pharmacy rules that require drug stores to fill prescriptions for the "morning-after" pill, even where doing so violates a pharmacist's religious beliefs or conscience. (See prior related posting.) The court held that the claim was not ripe for a pre-enforcement challenge since the allegations in the plaintiffs' complaint suggest that it is extremely unlikely that these parties will ever be placed in a position to choose between their conscientious objections and following the rule's requirements. Justice Turner dissenting argued that plaintiffs' claims are ripe for review under the state's Health Care Right of Conscience Act and the Illinois Religious Freedom Restoration Act.

Michigan Woman Sues Judge Who Insisted She Remove Veil To Testify

Alleging that she was denied her free exercise rights and access to the courts because of her religion, a Muslim woman has filed a civil rights complaint in federal district court in Detroit. The AP reported yesterday on the case against against Hamtramck, Michigan small claims court Judge Paul Paruk who, last October, dismissed Ginnnah Muhammad's claim against a car rental company when Muhammad refused to remove her niqab (full face veil) before she testified. (See prior postings 1, 2. ) The judge insisted that he needed to see the plaintiff's face in order to assess her truthfulness. Muhammad says she would have removed her veil for a female judge. Meanwhile the car rental company has now filed a small claims suit against Muhammad and a hearing is set for April 18 before the same judge. Muhammad's attorney will ask the judge to remove himself from the case.

Jurisdiction Of Malaysian Islamic Courts Debated

Malaysian courts continue to struggle with the appropriate jurisdictional reach of the country's religious Syariah courts. On Wednesday, the Syariah High Court rejected an application by a 24-year-old non-observant Muslim woman to renounce her Islamic affiliation. According to a report in today's Daily Express, the court held that it has jurisdiction to determine if an individual's actions have made the person an apostate, but it has no jurisdiction to grant conversion based only on a person's wish to change religions.

Meanwhile, earlier this month Malaysia's civil Court of Appeal held that a Hindu woman had to seek recourse through the Syariah Appeal Court to stop her estranged husband, who had converted to Islam, from dissolving their civil marriage in a Syariah court and unilaterally converting their children. Sun2Surf today reports that the president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism objected to the decision, arguing that non-Muslims should not be required to go to Syariah courts for relief.

UPDATE: The International Herald Tribune reported on Friday that Malaysia's Court of Appeal has ruled that Muhammad Shafi Saravanan Abdullah — who converted from Hinduism to Islam — cannot convert his son to Islam until after the apex Federal Court hears his estranged wife's appeal of its decision to send the case to a Syariah religious court.

Rights Groups Exchange Charges Over "Flying Imams'" Litigation

A civil rights suit filed earlier this month by six imams who were removed from a U.S. airways flight in Minneapolis has led to an interesting exchange of letters between the CAIR-- the group representing the Muslim clerics-- and the Becket fund for Religious Liberty. The Becket Fund letter, dated March 23, strongly criticizes CAIR for including as defendants several "John Does", some of whom are apparently senior citizens who contacted U.S. Airways to report what they saw as suspicious behavior by the imams.

CAIR's letter in response, sent yesterday, says that the lawsuit targets only individuals "who may have knowingly made false reports against the imams with the intent to discriminate against them", and not individuals who acted in good faith. It says that the main focus of the suit is the conduct of U.S. Airways and its employees. Finally it charges the Becket Fund with "contributing to a national environment that chills the right of American Muslims, Arab-Americans and South Asians to redress violations of their civil rights. This chilling effect is caused by [the Becket Fund's letter] labeling efforts to protect Muslim civil rights in court as 'legal terrorism'." (See prior related postings on the litigation 1, 2.)

Justice Department Begins Seminars on Protecting Religious Freedom

Last month, the U.S. Department of Justice announced its new initiative on religious freedom called the First Freedom Project. A part of that project is a series of regional seminars presented by senior Civil Rights Division attorneys. The seminars are titled "Federal Laws Protecting Religious Freedom. The first of those seminars takes place tomorrow in Kansas City.

Topics will include: Religious Discrimination in Public Schools, Colleges and Universities; Religious Discrimination and Public Employees; The Religious Land Use and Institutionalized Persons Act; Religion-based Housing and Lending Discrimination; Religious Discrimination in Access to Public Accommodations and Public Facilities; and Prosecuting Religion-based Hate Crimes, and Arson and Vandalism of Houses of Worship.

Similar seminars are scheduled for Tampa, FL on April 25 and Seattle, WA on May 10.

Israel Cancels Vatican Meeting On Church Tax and Property Issues

In a surprise move, Israel's delegation has cancelled its March 29 meeting with the Vatican that was to have been held in Rome to work out a "comprehensive agreement" on all tax and property matters affecting the Catholic Church in Israel. The Vatican wants a reconfirmation of the historic tax exemptions that it possessed at the time that Israel creation in 1948, and the return of certain Church properties. It also wants assurances that property disputes will be heard by Israeli courts. Asia News reports that there had been high expectations for the meeting, which would have been the first Plenary Session of the Israel-Holy See Permanent Bilateral Commission in five years. (See prior related posting.)

UPDATE: Israel's ambassador to the Vatican said that the postponement of the Commission meeting was merely for technical reasons and that a new meeting date would be set soon. (CNS).

US Files Brief In Bald Eagle Act Appeal

The Free New Mexican yesterday reports on the brief filed last week by the U.S. Department of Justice in its appeal to the 10th Circuit in United States v. Friday, a case in which a Wyoming federal district court found that the government’s implementation of the Bald and Golden Eagle Protection Act violated the free exercise rights of a member of the Northern Arapaho Indian Tribe. (See prior posting.) The brief appears to focus on countering the trial court's conclusion that the government has little intention of accommodating Native American religious rights. It cites examples of permits that have been issued to allow the taking of eagles for Native American religious ceremonies.

Rabbinic Court Appointments In Israel Challenged

In Israel, petitions have been filed both with the High Court of Justice and with Justice Minister Daniel Friedmann objecting to the procedures used last week to appoint 15 new judges to the country's rabbinic courts. (See prior posting.) The petitions demand that the election results be cancelled and new judges appointed. Yesterday's Jerusalem Post reports on the judicial challenge and Haaretz reports on the filing with the Justice Ministry.

The petitions were filed by The Tzohar organization of modern Orthodox rabbis and Emunah, the National Religious Women's Organization. They claim that the new ultra-Orthodox appointees will be insensitive to women's issues. The High Court petition alleges that the appointments were the result of a political deal between two ultra-Orthodox parties. It says that election committee members were not given the protocols of the subcommittees that interviewed and rated the candidates and were not told to which courts the nominees would be assigned. When the head of the committee began to read the names of the candidates and give his opinion of each, apparently committee members interrupted him and said there was no need for that, even though some new committee members were unfamiliar with the candidates.

Italian Bishops Speak Out Against Civil Unions; Public Thinks They Shouldn't

In Italy, Archbishop Angelo Bagnasco of Genoa, the new president of the Italian bishops' conference, has rejected charges of interference in secular politics and has strongly defended the involvement of Church leaders in Italy's public debate over legal recognition of civil unions. Yesterday's Catholic World News quotes the Archbishop as saying: "Church leaders have a solemn obligation to protect marriage and the family." However, a poll by Demons-Eurisko for found that more than 60% of Italians-- including 44% of those who describe themselves as practicing Catholics-- oppose Church leaders telling politicians how to vote on the government's proposed recognition of civil unions. (Catholic World News.)

Meanwhile, there are disagreements within the Italian bishops' conference on whether Catholic politicians who vote for civil-union legislation should be subject to some religious sanction, such as denial of the Eucharist. (Catholic World News.)

Permanent Injunction Permits Anti-Abortion Literature Distribution At School

In M.A.L. v. Kinsland, (ED MI, March 19, 2007), a Michigan federal court converted its January preliminary injunction into a permanent injunction, barring a Monroe, MI middle school from enforcing its policy on distribution of non-school sponsored literature. (See prior posting.) The ruling permits a student to distribute anti-abortion literature before and after school, and during the lunch period. It also permits him to wear a sweat shirt carrying the slogan "Pray to End Abortion" and to place tape on his wrists, but not on his mouth. The school retains the right to control these activities only if they they threaten or pose material and substantial disruptions of discipline or intrude on other students' rights. The case grew out of a student's participation in last year's Pro-Life Day of Silent Solidarity. A release by Alliance Defense Fund announced the court's ruling.

Settlment Reached In FL Community Center's Exclusion of Religious Groups

The Alliance Defense Fund yesterday announced the settlement of a lawsuit that had been filed against Ocala, Florida's Marion Oaks Community Center. The Marion County public facility allows groups and individuals to rent rooms at the community center, except that the community center and park would not be rented out "for formal religious services, informal study programs, or revivals". The complaint in Quinones v. Marion County, filed last January, alleges that the policy violates the speech and religion clauses of the First Amendment and denies equal protection of the law to religious groups. It also alleged violation of Florida's Religious Freedom Restoration Act.

Under the settlement, Marion County has agreed to remove the religious prohibitions from its policy and to treat the plaintiff, Iglesia Cristiana Fe y Esperanza (Faith and Hope Christian Church), equally with other groups seeking to use Marion Oaks facilities.

Indiana Distributes "In God We Trust" License Plates

Since January, the state of Indiana has given drivers an option to obtain license plates carrying the motto "In God We Trust". Yesterday's Marion (IN) Chronicle-Tribune says that legislators are surprised at how popular the option has become. More than 321,000 of the plates have been distributed since January. They cost no more than standard plates, though for individuals who have already registered their autos for 2007, a $9 transfer fee is involved to get the plates for this year. A posting on Dispatches from the Culture Wars reviews the discussion on Religionlaw listserv on whether Indiana has created an Establishment Clause problem by charging an added fee for other specialty plates, but not for this one.

Macedonia Will Require Religious Education For 5th Graders

In Macedonia, religious education will be mandatory for all 5th graders starting in the 2008-09 school year. MRT reports today that students will have a choice between a religious instruction course on Orthodoxy and Islam, or a course in religious history

Suit Filed Over Expansion of Tiburon, CA Synagogue

In wealthy Marin County, California, controversial plans to expand the county's only synagogue have hit another hurdle. Yesterday's Marin Independent Journal reported that even though the Town of Tiburon finally approved the construction-- with a number of conditions imposed-- now neighbors of the synagogue have filed suit in Marin Superior Court. The lawsuit against both Tiburon and the synagogue alleges that in granting a construction permit, Tiburon failed to address environmental concerns in violation of the California Environmental Quality Act as well as Tiburon's own land use regulations

Nigerian City Gets Women-Only Rickshaws

Two years ago in the northern Nigerian city of Kano, in an attempt to impose stricter Islamic law, women were banned from riding on motorcycle taxis on which they came into physical contact with the male cycle drivers. (See prior posting.) Now, subsidized yellow motorized rickshaws for women, bearing the slogan "Be Pious," are appearing on the streets of Kano. Yesterday's International Herald Tribune reports that the rickshaws have pull-around shades to hide the women from being seen by men.

Quebec To Require Muslim Women To Lift Veils To Vote

Marcel Blanchet, chief electoral officer of the Canadian province of Quebec, on Friday reversed his earlier interpretation of Quebec's voting law and ruled that Muslim women would be required to lift their niqab to show their face in order to identify themselves to vote. Saturday's National Post reports that Blanchet reversed himself after numerous e-mails and telephone calls suggested that voters might disrupt elections today. A campaign on the Internet encouraged voters to show up at the polls wearing paper bags over their heads or wearing Darth Vader masks. Blanchet said, however, that after today's election a serious debate on the issue must take place. Dr Mahfooz Kanwar, head of the Muslim Canadian Congress has suggested that Canada totally outlaw the niqab. He was quoted in today's Daily Times as saying that the veil is not required by Islam and "It should be against the law to hide your face in this society, period."

Christian Pastors Arrested In Indian State For Conversionary Activity

In the Indian state of Rajasthan, two Christian pastors have been arrested on charges of insulting Hindu gods and forcing people to convert to Christianity. Today's Pakistan Christian Post reports that the two have been charged under section 295 of the Indian Penal Code that prohibits insulting the religion of any class of persons. In Rajasthan last year, the governor refused to sign an anti-conversion bill passed by the legislature. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Jefferson v. Wolfe, 2007 U.S. Dist. LEXIS 18625 (WD PA, March 16, 2007), a federal Magistrate Judge rejected an Establishment Clause, a Free Exercise Clause, a retaliation and an Equal Protection Clause claim by a Muslim inmate, Leonard Jefferson. It found that Jefferson had not been coerced into participating in religious-based rehabilitation programs; that forcing him to participate in non-Islamic based programs did not violate his free exercise rights; that his removal from his job as Chapel clerk was justified based on his inflammatory and disruptive poetry; and that he was offered access to the same programs and benefits as other prisoners.

In Henderson v. Ayers, 2007 U.S. Dist. LEXIS 18791 (CD CA, Feb. 23, 2007), a California federal Magistrate Judge permitted an inmate to move forward with a claim under RLUIPA that his rights were violated when he was denied time off work to attend Friday Islamic prayer services.

In Phillips v. Stanley, 2007 U.S. Dist. LEXIS 19608 (WD VA, March 20, 2007), a Virginia federal district court dismissed a prisoner's claim that he was not able to go to church or get religious books because the prisoner failed to particularize the facts surrounding his claim.

In Goodrick v. Roane, 2007 U.S. Dist. LEXIS 19360 (D ID, March 19, 2007) an Idaho federal court permitted a prisoner to move to trial with his claim that a correctional officer violated a settlement agreement in his prior free exercise claim that permitted him to keep a limited amount of religious prayer oil in his cell.

In Busick v. City of Madison, 2007 U.S. Dist. LEXIS 19432 (SD MI, March 19, 2007), a Mississippi federal district judge dismissed a prisoner's challenge to a policy that permitted him to receive religious material by mail only from one approved source.

In Stanko v. Patton, (8th Cir., March 20, 2007), the U.S. 8th Circuit Court of Appeals reversed a district court's finding that a prisoner's Free Exercise claim is frivolous. The inmate claimed that he is a member of the Church of the Creator, and that eating nuts and fruit is a genuine dietary requirement of the religion.

In Hightower v. Schwarzenegger, 2007 U.S. Dist. LEXIS 20520 (ED CA, March 8, 2007), a California federal Magistrate Judge dismissed without prejudice a prisoner's claim that defendants refused boxes of religious books sent to him directly by the publisher on more than one occasion. The court said that plaintiff needed to amend his complaint to link the named defendants with the alleged conduct.

In Larry v. Goetz, 2007 U.S. Dist. LEXIS 20619 (WD WI, March 20, 2007), a Wisconsin federal district court rejected a Muslim inmate's claim that a volunteer chaplain at the Dane County jail violated his free exercise rights by failing to arrange Jumah services. There was no evidence that the chaplain had the authority to determine whether such services would be offered.

In Coronel v. Paul, 2007 U.S. App. LEXIS 6928 (9th Cir., March 12, 2007), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court dismissal of a claim against a prison chaplain, the warden, and Corrections Corporation of America at a CCA-operated prison. It held that the lower court erred in finding these defendants uninvolved in alleged infringements of an Hawaiian inmate's rights under the First Amendment and RLUIPA. They had implemented an order of the Hawaii Department of Corrections that Hawaiian inmates be prohibited from participating in Pascua Yaqui Native American sweat lodge ceremonies because prison gangs were using these services to organize disruption.

Last week the Associated Press reported on the settlement of a lawsuit brought by by the ACLU on behalf of a Mormon prisoner against Louisiana State Penitentiary. The prison will now permit the inmate to buy books from several previously-unapproved Church of Jesus Christ vendors, including Brigham Young University's bookstore.

Controversial Australian Mufti Retains His Position

In Australia, Muslim clerics meeting in Sydney have decided that the controversial Sheik Taj Din al-Hilali should remain as Mufti of Australia, a position he has held since 1988. Developments were reported yesterday by M&C. Controversial past remarks by the sheik led to calls for his removal by Prime Minister John Howard and New South Wales Premier Morris Iemma. Last year the sheik raised widespread protest when he suggested that women who do not wear a head covering invite rape. This year he suggested that Muslim immigrants have greater entitlement to live in Australia than did the country's colonial settlers.

Pakistani Muslims Fail To Rally Opposition To Hindu Chief Justice

Ohmy News reports that religious parties in Pakistan have failed in their attempts to generate opposition to the appointment of an observant Hindu as the country's Chief Justice. A senior religious cleric, Maulana Sami-ul-Haq said that it is not permissible under Islamic law for a non-Muslim to become the chief justice of an Islamic state. Legal experts disagree. The appointment follows the controversial suspension of former Chief Justice Iftikhar Muhammad Chaudhry who was charged by President Pervez Musharraf with misusing authority. (See prior posting.)

Rice- Mubarak Spar Over Egypt's Proposed Constitutional Changes

On route to her visit to Egypt, U.S. Secretary of State Condoleezza Rice strongly criticized a proposed package of constitutional amendments that will be voted on in a referendum in Egypt on Monday. One of them, aimed at the Muslim Brotherhood, bans political parties based on religious denomination. (See prior posting.) The Associated Press reports that in a nationally televised speech on Saturday, Egypt's President Hosni Mubarak defended the amendments. He said that history had taught him "the dangers of mixing religion with politics," and that the amendments would cut off those "attempting to strike at the unity of this nation's Muslims and Christians." AP reports on Sunday indicate that Secretary Rice raised her concerns directly in her opening talks with Mubarak.

UPDATE: On Tuesday Egypt announced that the voters had approved the 34 proposed constitutional amendments by a vote of 75.9% in favor. It said that turnout in Monday's referendum was 27%, but the Egyptian Organization for Human Rights says the turnout was much lower than that. (AP).

Recent Scholarship On Law and Religion

From SSRN:
David E. Guinn, Erecting the Barrier: Creating the New Liberal Compact on Religion, Chap. 3, and The Terrors of Christendom, Chap. 2. in Constantine's Standard: Religion,Violence, Politics, Law & Faith to Die For.

Mostly from SmartCILP:
Richard M. Esenberg, You Cannot Lose If You Choose Not To Play: Toward a More Modest Establishment Clause, 12 Roger Williams University Law Review 1-69 (2006).

Larry O. Natt Gantt, II, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent University Law Review 1-93 (2006-2007).

James L. Heft, S.M., Religion and Politics: the Catholic Contribution, 32 University of Dayton Law Review 29-46 (2006).

Erin E. Goodsell, Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today’s South Africa, 21 BYU Journal of Public Law 108 (2007).

Symposium Issue: God & War. Foreword by Linda Bevilacqua; articles by John D. Carlson, Liaquat Ali Khan, David A. Bosworth, Jeffrey F. Addicott and John D. Altenburg, Jr. 7 Barry Law Review 1-163 (2006).

Pope Criticizes EU 50th Anniversary Statement

Pope Benedict XVI yesterday strongly criticized European Union leaders for excluding any mention of God in the declaration marking the EU's 50th anniversary. (See prior posting.) Reuters quotes the Pope who said: "If on the 50th anniversary of the Treaty of Rome the governments of the union want to get closer to their citizens, how can they exclude an element as essential to the identity of Europe as Christianity, in which the vast majority of its people continue to identify."

Ohio's Anti-Funeral Picketing Law Largely Upheld

The Cleveland Plain Dealer today reports that an Ohio federal district court on Friday upheld key portions of Ohio's "Let Them Rest in Peace Act" (ORC 3767.30) that bans protests within 300 feet of a funeral from one hour before to one hour after the ceremony. The court held that the law protects people from unwanted communication, while allowing protesters to demonstrate elsewhere. The law is aimed at the Westboro Kansas Baptist Church whose members picket veterans' funerals around the country with signs claiming that God is killing American soldiers as punishment for "the sin of homosexuality." However the court struck down a provision of the law that creates a 300-foot floating buffer around a funeral procession. The AP reports that Westboro church members are still planning a funeral protest on Monday. Usually their protests are outside the 300-foot zone in order to get their message out near streets with heavy traffic.