Portland Archdiocese Reorganization Plan Nears Confirmation

In an opinion issued Friday in the bankruptcy proceedings of the Portland, Oregon, Catholic Archdiocese, federal bankruptcy judge Elizabeth Perris indicated that she would confirm the Archdiocese's proposed plan of reorganization if one change is made in it. An exculpation clause in the plan must be narrowed to exclude potential liability of the Archdiocese for failing to disclose certain confidential settlement information as required by a prior court order. As summarized by an Associated Press report, under the plan some 175 victims of priest sexual abuse will settle their claims for $52 million. Another $20 million will be set aside for those who come forward after an agreed deadline. Finally, up to $3.8 million has been set aside to pay for claims that have not been settled in the bankruptcy negotiations. The court rejected an argument that this last amount is too small. (See prior related posting.)

Vatican Envoy Shuns Yom Hashoah Service In Israel Over Pius XII Depiction

The Vatican’s ambassador to Israel is refusing to attend Israel's official Holocaust memorial service tomorrow in Jerusalem in protest of the way in which Israel's Holocaust Museum describes the role of Pope Pius XII during World War II. Monsignor Antonio Franco is refusing to attend the annual Yom Hashoah commemoration at the museum, Yad Vashem, because of a paragraph—added in 2005-- accompanying a display of a picture of Pius XII. The caption says of Pius: "When he was elected pope in 1939, he shelved a letter against racism and anti-semitism that his predecessor had prepared. Even when reports about the murder of Jews reached the Vatican the Pope did not protest either verbally or in writing." It also says that the Pope in 1942 chose not to sign an Allied declaration condemning the extermination of Jews and did not intervene when Jews were deported from Rome to Auschwitz. The Guardian today reports that Yad Vashem said its description accurately reflects current historical knowledge. The museum said it is "prepared to continue examining the issue", and that the Vatican should open up its archives of documents relating to Pius XII.

Religious Voters and the 2008 Presidential Candidates

Religious voters are obviously seen as an important constituency for 2008 Presidential contenders. Associated Baptist Press on Friday carried a long summary of the religious background of each of the Republican and Democratic hopefuls. It also covers each candidate’s relations with the religious right, and his or her position on major issues of interest to religious voters. The issues included are abortion, gay rights, Iraq and church-state relations.

Meanwhile, on Friday the McClatchy Newspapers carried an article on religious conservatives "shopping around" for a Republican candidate to back in the Presidential race. Rudolph Giuliani speaks on Tuesday at Pat Robertson’s Regent University, but White evangelical Christians are looking for an alternative. A number of conservatives oppose Giuliani because of his support for abortion rights, gun control, and civil unions between same-sex couples.

NC County Will Fight Prayer Lawsuit

By a 4-3 party line vote, the Forsyth County (North Carolina) County Commission yesterday decided to undertake an active defense of a suit challenging the Commission's practice of opening meetings with a sectarian prayer. (See prior posting.) The county will be defended by Alliance Defense Fund that will argue a sectarian prayer policy is constitutional as long it is inclusive of all faiths. ADF will pay all costs of defense, but will not damages, or legal fees of the plaintiffs, if Forsyth County loses. A new nonprofit group, the North Carolina Partnership for Religious Liberty, was formed this week to solicit funds to cover those costs. Development are covered today by the Winston-Salem Journal, which has also posted a link to ADF attorney Mike Johnson explaining the Commission's decision to fight the lawsuit. (MP3 file). He said in part: "Prayer should not be censored, not by government and not by the ACLU."

Gideon Bible Case Argued In 8th Circuit

Yesterday, according to CNS News, the U.S. 8th Circuit Court of Appeals heard oral arguments in Doe v. South Iron R-1 School District. The decision being appealed enjoined a Missouri elementary school from permitting the distribution of Gideon Bibles on school property.(See prior posting.) An MP3 download of the 8th Circuit oral arguments is available.

Scalia Keynotes Conference On Religious Freedom

The Associated Press yesterday reported on the keynote speech made by U.S. Supreme Court Justice Antonin Scalia at Portland University's two-day conference titled "The American Experiment: Religious Freedom." Speaking to the largely Catholic audience, Scalia said that among the eight religion cases in which he has dissented, the most troubling for him was the majority's striking down of a sales tax exemption for religious books and magazines in Texas Monthly Inc. v. Bullock. Scalia criticized the majority's Establishment Clause decision there as using the "formulaic abstraction" created in the Lemon case instead of "considering the long accepted practices of the American people."

NJ High Schooler Sues To Have "Day of Truth"

April 19 is this year's date for the national "Day of Truth" campaign in high schools. (ADF Release.) The event is designed to encourage Christian students to counter activities that will be sponsored the day before by GLSEN (The Gay, Lesbian, Straight Educational Network), known as the "Day of Silence" to call attention to anti-LGBT harassment. A student at Allendale, New Jersey's Northern Highlands Regional High School has filed suit in federal court Wednesday to prevent the school from interfering with his Day of Truth activities. North Jersey.com today reports that senior Jason Aufiero, head of the school's Christian Club, plans to hand out fliers and cards, and have an ad about the event read over the school's loudspeaker. He will also hold an after-school Q&A session. the school;s principal says that Aufiero has the right to hold the event. However the school is concerned about the content of materials to be distributed and locations where they will be handed out.

Senator Makes Theological Argument for Stem Cell Bill

On Wednesday, the U.S. Senate passed two human stem-cell research bills-- S. 5 (a broad bill) and S. 30 (calling for research using only embryos that are "naturally dead"). One of the most interesting parts of the debate was the floor speech (full text) given by Oregon's Republican Senator Gordon Smith in favor of both bills. he made a theological case for stem cell research. Smith, a member of the Mormon church said that "religion and science are not in conflict in the Senate today." He concluded this after outlining his biblical arguments on when life begins:

Based upon my personal struggle with this issue, I now believe any reservations with embryonic stem cell research are misplaced, especially when one truly considers the question of when life begins.

For me, it begins with the mother, with the implantation of the embryo.

I believe the Scriptures provide ample support showing that flesh and spirit become one within a mother. This is one of womankind's supernal gifts. I find verses in the Old and the New Testament, in Genesis, Jeremiah, the Psalms, Job, as well as in the Gospels.

All of these things lead me to feel comfortable with an ethical conclusion that life begins when flesh and spirit are united in a mother's womb and not before.

An article in yesterday's Bend Bulletin reports on his Senate remarks.

Jail Chaplain Suspended for Distributing Anti-Muslim Booklets

In Rockland County, New York, the county jail has suspended its long-time chaplain -- a Christian minister-- for distributing religious booklets that condemn Islam and contain derogatory descriptions of Allah and the prophet Muhammad. Teresa Darden Clapp has been suspended with pay pending the outcome of an investigation. Yesterday's Lower Hudson Valley Journal News says one of the booklets at issue describes Allah as an "idol" and devil and Muhammad as a criminal and a "religious dictator." It also contains drawings of Muhammad. Jail Chief William Clark says the investigation should be completed next week. [Thanks to Detention Ministry News for the lead.]

State Seeking Compromise With Catholic Hospitals On Treating Rape Victims

In Connecticut this week, state senators drafting a bill to mandate the furnishing of emergency contraceptives to all rape victims added provisions designed to win the support of the Catholic Church. On Wednesday, the AP reported that lawmakers added language to permit Catholic hospitals to contract with a third party to dispense Plan B. The Wilton Villager yesterday said that it is unclear whether the Catholic Church will support this compromise, or instead will object to the distribution of contraceptives on Catholic hospital premises remains unclear.

Jewish Voter Challenges Nashville's Setting Election For Rosh Hashanah

Suit has been filed in federal court against the Davidson County, Tennessee, Election Commission challenging its decision to hold the runoff election for mayor of Nashville and other positions this year on Sept. 13. That day is the Jewish holiday of Rosh Hashana. The Tennessean reported yesterday that officials decided not to reschedule the election-- called for on that date by Nashville's city charter-- after determining that Jewish voters could vote early or by absentee ballot. However, plaintiff Elinor J. Gregor, says that the scheduling violates her free exercise and free speech rights. Election officials plan to look at their decision again next Monday.

UPDATE: On Monday, April 16, the Davidson County Election Commission decided to move this fall's runoff election to Tuesday, Sept. 11, instead of the originally scheduled date that coincided with Rosh Hashanah. (Tennessean.com).

Prof Sues NC University For Religious Discrimination

A professor at the University of North Carolina- Wilmington has sued the school claiming that he was denied promotion to full professor on religious and ideological grounds. CNS reports that the suit was filed Monday by criminology professor Mike Adams who says that things "got ugly" in 2000 after he underwent a religious conversion and "came out of the closet ... as a conservative Republican...." Adams, now a conservative Christian, has been at the center of at least two complaints-- one by a student who claimed he improperly forwarded one of her political e-mails, and one by a colleague who says he broke into her office. Adams, though, has been cleared on both charges.

Umbrella Muslim Organization Formed In Germany

In Germany, a new umbrella group to represent Muslims in their dealings with politicians and government officials has been formed. The new Muslim Coordination Council (KRM) represents four existing Muslim associations in the country. Deutsche Welle yesterday reported that KRM plans to open contact offices in each of the German states.

Liberal Clergy Support Gay and Lesbian Rights Proposals In State Legislatures

On the heels of widespread religious opposition to gay rights, more liberal clergy are now speaking out in favor of laws protecting gays and lesbians, and in favor of civil unions. In Iowa, a coalition of a dozen church leaders held a news conference to announce their support for a proposed amendment to the state's civil rights law that would bar discrimination on the basis of sexuality and gender identity. 365Gay reported yesterday that the Interfaith Alliance of Iowa includes representatives of the United Church of Christ, the Unitarian Church, and the Episcopal Diocese.

Meanwhile, V. Gene Robinson, the Episcopal Church's only openly gay bishop, testified before a New Hampshire Senate committee in favor of legalizing same-sex civil unions. He said that the bill that would provide equal legal rights to gay and lesbian couples has nothing do to with religious bodies accepting or rejecting such unions. An Associated Press story yesterday quotes Robinson, referring to the desire of gay couples for legal recognition, as saying: ''Would that we could get all heterosexual couples to take these commitments and responsibilities so seriously."

Bankruptcy Judge Threatens San Diego Diocese With Contempt

The Catholic Diocese of San Diego, currently in bankruptcy reorganization, has been threatened with contempt by the bankruptcy judge for misrepresentations and attempts to illegally shift assets. On April 9, the bankruptcy court issued a Order to Show Cause as to why the diocese and various officials should not be held in contempt. At issue are attempts by parishes to obtain new taxpayer identification numbers and transfer parish accounts to them without court approval. The responses filed (1, 2, 3) said that there had been misunderstandings of what the court had approved in a prior hearing.

Yesterday's Washington Post reports that Diocese lead attorney Susan Boswell apologized for misunderstanding how parishes could protect their cash flows, but said: "We are not dealing with a commercial enterprise-- we are dealing with a church. What it does is give money to the parishes. This is not a nefarious function." The San Diego Union-Tribune also reports that Boswell was unaware of Bishop Robert Brom's regularly receiving bank statements for 770 bank accounts of the separate parishes when she told the court otherwise during a March 1 hearing. At an April 11 hearing, bankruptcy Judge Louise DeCarl Adler ordered an external audit of the Diocese.

History Of Jewish Education In NYC Released Time Program Published

An unusual history of New York City's public school released time program has recently been published. The program, initiated in the 1940's, permitted public school children to be excused from class for an hour each week for religious education. While the program is generally thought of as one used by Christian groups, it turns out that a Jewish organization created by Chabad Lubavitch was active in offering an hour of Jewish education as part of the so-called "Wednesday Hour" program. The new book, Shiurei Limud Hadat: A Historical Review of the Released Time Program, contains information and rare photos of the program, along with Hebrew text. (News Release). Chabad continues the program today as scores of rabbinical students take study sheets, prayer booklets, kosher snacks and prizes to many New York City locations where the released time classes are held.

Iraqi Women Pressed To Follow Islamic Dress Code

Women in Iraq say that they are under increasing pressure to dress according to the dictates of Islamic law. An article in Tuesday's Cleveland Plain Dealer says that women blame the country's two-year old democratically elected parliament for using Islamic law to reduce women's rights. They say that is the only thing that the government agrees on. Baghdad's secular, cosmopolitan tradition has given way to what women call the "Islamic uniform"-- the black abaya that covers the body; the hijab (head scarf); or at least long, dark ankle-length skirts. Abdal-Majeed, who works with Iraq's women's affairs ministry says government officials, police officers and Muslim clergymen often insist she cover her head before they speak with her.

Attorneys Fees Ordered In Auto Sticker Case Settlement

In November, the city of Burbank, Illinois agreed to settle a suit brought by one of its residents who objected to displaying a vehicle sticker that included a picture of a soldier kneeling before a graveside cross. The city agreed not fine the resident for failing to display the sticker. (See prior posting.) However it has taken until now to resolve a dispute on payment of attorneys' fees. Yesterday's Daily Southtown reports that now a federal magistrate judge has ordered the city to pay $3300 in fees and costs to the plaintiff's lawyer for his 10 hours of work on the case. This is a compromise between amounts put forward by each side.

U.S. Senate Memorializes Pentecostal Bishop

On March 28, the U.S. Senate by unanimous consent passed S.Res. 133 memorializing Bishop Gilbert Earl Patterson who died on March 20. Patterson led Memphis, Tennessee's Temple of Deliverance Congregation, as well as the Church of God in Christ , a Pentecostal denomination which has 6 million members internationally. The Senate resolution, sponsored by Sen. Barack Obama, says that "Patterson reached millions across the globe with his direct and spirit-filled messages, encouraging the world to 'be healed, be delivered, and be set free'."

Missouri House Approves Proposed Prayer Amendment

The Missouri House of Representatives yesterday approved and sent to the state Senate a proposed state constitutional amendment on public prayer. HJR 19, Religious Freedom In Public Places, is described as follows by the Legislature:

Upon voter approval, this proposed constitutional amendment guarantees a citizen's First Amendment right to pray and worship in all public areas including schools as long as the activities are voluntary and subject to the same rules and regulations that apply to all other types of speech.

The amendment also reaffirms a citizen's right to choose any religion or no religion at all by prohibiting both the establishment of an official state religion and any state
coercion or endorsement of religion through practices as composing official state prayers.

Public schools receiving state funds are required to display the text of the Bill of Rights of the Constitution of the United States in a conspicuous and legible manner.

Reporting on an earlier preliminary vote of approval on the Resolution last week, the AP quotes Democratic state Representative John Burnett as saying that the proposed amendment is an attempt to increase Republican voter turnout in 2008.

Pakistan Mosque Creates Islamic Court In Challenge To Government

In Pakistan, the government has blocked access to the website of Islamabad's Red Mosque. Last week, the governing clerics of the mosque and a related seminary set up a religious court to enforce Islamic law and warned of suicide attacks if authorities ordered raids on the mosque. On Monday, the mosque's court issued a fatwa against Tourism Minister Nilofar Bakhtiar. It called for her dismissal because of a photo of her hugging a male instructor after a charity parachute jump she made in France last month to raise money for victims of Pakistan's 2005 earthquake. The story is reported yesterday by The Age. The Red Mosque (Lal Masjid) court also is taking aim at prostitution, gambling, sale of liquor, and sale of audio and video cassettes. Gulf News on Monday said that the Sharia court is a challenge to the authority of Pakistan's civil government.

UPDATE: On Sunday (April 15), 100,000 moderates who support President Gen. Pervez Musharraf rallied in Karachi against the activities of the Red Mosque. (AP).

6th Circuit: Preacher's Injunction Claim Moot; But Damage Claim Can Proceed

Last week, the U.S. 6th Circuit Court of Appeals dismissed as moot an attempt by a Christian minister to obtain declaratory and injunctive relief against Ohio's Capitol Square Review and Advisory Board. In Hood v. Keller, (6th Cir., April 2, 2007), James D. Hood II challenged the requirement that he obtain a permit before preaching on the grounds of Ohio's state house. However, while the case was pending, the 6th Circuit in another case held that the permit requirements are unconstitutional. The 6th Circuit agreed with the district court that now the threat of enforcement of the permit requirement has disappeared. However, the court did remand the case for consideration of Hood's claim for damages and attorneys' fees.

British Court Will Consider Legality Of Hindu Funeral Pyres

In Britain, a High court judge has approved the filing of a case seeking review of a decision barring cremation on a traditional Hindu funeral pyre. Last year, Newcastle City Council refused permission to Davender Kumar Ghai, an elderly Hindu man, to be cremated on a pyre when he dies. The Council ruled that ceremony would violate the Cremation Act 1902. Now, according to The Times yesterday, the High Court will consider the argument that outdoor cremation is illegal only if it creates a public nuisance. Proposed Hindu funeral pyres would only be placed in secluded locations. (See related prior posting.)

Recent Scholarly Articles Of Interest Online

From SSRN:
Ian C. Bartrum, The Constitutional Structure of Disestablishment, (NYU Journal of Law and Liberty, Vol. 2, p. 311, 2007).

Rev. John J. Coughlin, O.F.M., Canon Law and Constitutional Law: The First Amendment, Anthropology, Separation, and Neutrality, (Feb. 1, 2007, Notre Dame Law School Legal Studies Research Paper No. 07-24).

Jesse R. Merriam, Finding a Ceiling in a Circular Room: Locke v. Davey, Religious Neutrality, and Federalism, (Temple Political & Civil Rights Law Review, Vol. 16, pp. 103-143, 2007).

Kristen A. Carpenter, The Interests of "Peoples" in the Cooperative Management of Sacred Sites, (Tulsa Law Review, Vol. 42, p. 37, 2006).

From NELLCO:
Jeffrey A. Redding, Slicing the American Pie: Federalism and Personal Law, (April 4, 2007, Yale Law School Faculty Scholarship Series, Paper 10).

Indian Penal Officials Bar Easter Mass At Jail Because Of Wine

UCAN reports that a stir over religious freedom has erupted in the southern Indian state of Kerala. On Easter Sunday, officials at a federal jail in Thiruvananthapuram refused to allow three priests into the jail to conduct Easter mass. Officials said that the wine the priests were bringing in for mass was liquor that was prohibited by jail rules. This is the first time in 94 years that officials have prevented Easter mass from being conducted in the jail.

Easter Rally In Nepal Seeks Easter As Public Holiday

In eastern Nepal on Easter Sunday, a thousand Christians walked through the streets of Dharan demanding that the government designate Easter to be a public holiday. UCAN reports that in newly secular Nepal, normally Sunday is a working day and Saturday is the weekly day off.

Christian Law School's Grads Increasingly Hired By Justice Department

Sunday's Boston Globe carries a story on the growing influence of Regent University Law School graduates in the Bush administration's Justice Department. The school, founded by televangelist Pat Robertson, is focused on graduating Christian leaders who will change the world. Regent graduates began to be hired in significant numbers after the 2001 appointment of Regent's government school dean to be director of the federal Office of Personnel Management. Among the graduates who have been hired by the Justice Department is Monica Goodling, the former aide to Attorney General Alberto Gonzales who resigned Friday in the midst of the growing controversy over the firing of eight US Attorneys. [Thanks to Blog from the Capital for the lead.]

Celebrity Couple Face Criminal Prosecution In India Over Wedding Rites

English actress Liz Hurley and her new husband, Indian-born businessman Arun Nayar, face criminal charges in a court in India growing out of their wedding ceremony. Today's This Is London and M&C report on the charges brought by Vishnu Khandelwal, a devout Hindu, who claims that the couple's wedding last month at the Meherangarh Fort in Rajastha violated Hindu custom. He alleges that the couple drank alcohol, that Liz refused to remove her shoes and that the couple kissed in front of cameras during the ceremony. It is also claimed that Hurley wore too skimpy a dress. Liz and Arun are charged under Section 295A of the Indian Penal Code with intentionally causing outrage the feelings of Hindus by insulting their religious and ritualistic beliefs.

Media also reported that Arun's father, Vinod Nayar, has agreed to testify against the couple. Apparently Vinod has disowned his son because of the way Vinod and his wife were treated at the wedding celebrations. If found guilty, Liz and Arun could be fined and sentenced to up to three years in prison.

The complaint against Liz and Arun was initially filed last month, and ITN reported then that the real concern of those filing charges was that the couple had first been married in a Christian ceremony in England, so they were not eligible for a subsequent Hindu wedding. Their attempt to have a Hindu wedding in India as a second ceremony was seen as an attempt to spread Christianity.

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.