Baltimore May Require Religious Accommodation By Condo Boards

Last month, Baltimore City Council member Rochelle "Rikki" Spector proposed legislation to prohibit rules in multifamily dwellings that "deny reasonable accommodation" to practice one's religion. Today's Baltimore Sun reports that in one Baltimore condominium, residents are battling over whether the building will accommodate Orthodox Jews by having a "Sabbath elevator". In February, the condo board voted 5-3 to strike from the contract to renovate the building's two elevators a clause that would have programmed one of them to stop automatically on every floor on Saturdays. Orthodox Jews are able to use elevators that are pre-programmed in this way on their Sabbath without violating Jewish religious law. Spector's bill had used Sabbath elevators as a specific example of accommodation, but after meeting with the Strathmore Tower condominium board, she said she would remove the example from the proposed law. Another condominium in Baltimore has struggled over whether to permit Orthodox Jews to use a security door on Saturdays to shorten their walk to synagogue. In the 2005, the Imperial Condominium board voted for security reasons to deny access to the security door, changing a 20 foot walk into one of several blocks.

ACLU Says Government Funded Abstinence Program Is Religiously Based

The ACLU has charged in a letter to the Secretary of Health and Human Services last week that federal grants for abstinence-only-until-marriage programs are being used unconstitutionally to fund the Stop and Think program in Oregon, South Dakota and Wyoming. The ACLU charges that contracts entered by federally funded social service agencies require that Stop and Think presenters be Christians, suggesting that religion is an essential part of the Stop and Think program. (ACLU Press Release). The Oregon ACLU has written the Oregon Department of Human Services which acts as a conduit for some of the federal funds involved, also asking it to investigate. A posting on Saturday on Talk To Action has a longer discussion of the issue. Stop and Think's website makes no mention of religion in discussing its program. [Thanks to Blog From the Capital for the lead.]

NYC Resolution Would Mark 350th Anniversary of Flushing Remonstrance

Historians say that the first formal exercise of religious freedom in the American colonies was the Flushing Remonstrance of December 27, 1657. Its 31 signers demanded that then-Governor of New Amsterdam, Peter Stuyvesant, allow the free exercise of religion and protested his ban on practicing any religion other than that of Dutch Reform Church-- particularly his prohibition on receiving Quakers. Four of the signers of the Remonstrance were arrested. New York plans to commemorate the 350th anniversary of the document in December in a ceremony that includes descendants of the original signers. According to the Gotham Gazette, New York City Council member Helen Sears this week proposed Resolution 825 to formally commemorate the signing of the document.

Mexico City Archbishop Sued Over Opposition To Abortion Law

Today's California Catholic Daily says that in Mexico, the Social-Democrat Alternative Party has filed a lawsuit against Cardinal Norberto Rivera, Archbishop of Mexico City. It alleges that he violated prohibitions on political activity by clergy through his outspoken opposition to the recent legislation in Mexico City legalizing abortion. (See prior posting.) The suit claims that the Cardinal violated Article 130 of the Mexican Constitution which provides: "Ministers may not associate among themselves for political ends, or preach in favor of or against any political candidate, party, or association. Neither may they oppose the laws of the country or its institutions ... in public meetings, acts of the sect, or religious literature."

Recent Articles of Interest

From SSRN:
Richard W. Garnett, Church, State, and the Practice of Love, (Villanova Law Review, Vol. 52, p. 281).

The Winter 2007 issue of the Journal of Church and State (Vol. 49, No. 1) has recently been published.

Scott C. Idleman, Religion and Government-- An Ongoing Experiment, Marquette Lawyer, Spring/Summer 2007, pg. 12.

From SmartCILP:
Nusrat Choudhury, From the Stasi Commission to the European Court of Human Rights: L'affaire du Foulard and the Challenge of Protecting the Rights of Muslim Girls, 16 Columbia Journal of Gender & Law 199-396 (2007).

Bruce J. Dierenfield, The Most Hated Woman in America: Madalyn Murray and the Crusade Against School Prayer, 32 Journal of Supreme Court History 62-84 (2007).

Kenneth L. Marcus, The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination in Education, 7 Nevada Law Journal 171-181 (2006).

Prakash Shah, Thinking Beyond Religion: Legal Pluralism in Britain's South Asian Diaspora, 8 Australian Journal of Asian Law 237-260 (2006).

Israel's AG Moves To Revoke Contested Appointments of Religious Court Judges

As previously reported, in March a petition was filed with Israel's High Court of Justice challenging the appointment of 15 judges-- mostly ultra-Orthodox-- to the country's rabbinic courts. While the petition focused primarily on technical issues, the true dispute is over whether judges will reflect a spectrum of views on Jewish law. According to yesterday's Haaretz, as the date for responding to the petitions in the High Court approaches, Attorney General Menachem Mazuz has directed Justice Minister Daniel Friedman to cancel the appointments. Apparently the Justice Ministry will tell the High Court that the procedural issues raised in the petitions can be dealt with, but that this might take longer than merely reopening discussions by the Rabbinic Judges Appointments Committee. Today's Jerusalem Post reports that the legal issue presented is the fact that certificates granting 14 of the 15 elected rabbis the right to serve as religious court judges had expired before the election took place. They need to be renewed every two years, and now have been, so that a new election could take place quickly.

Rabbinic Court judges are supposed to be experts in religious law, but also have "a general or legal education" and "knowledge of languages." Also preference is to be given to candidates "who are involved in Israeli society and who have served in the army or been involved in public affairs." The modern Orthodox rabbis' group, Tzohar, is concerned that these criteria are being ignored.

Suit On Church Rental of State Building Space Settled

The Alliance Defense Fund has announced that last Thursday it voluntarily dismissed a suit it had filed against New York state officials challenging a policy that prevented the renting of a conference room in a Watertown, NY state office building to the Relevant Church for Easter services. (See prior postings, 1, 2.) State officials have now adopted a policy that permits renting space in the Dulles State Office Building for religious activities or services on the same terms as it is rented to private groups for other educational, cultural and civic activities. The dismissal in Relevant Church v. Egan was "without prejudice" so that the suit can be re-filed if officials do not carry out the new policy.

Britain's Lord Chancellor Says Veil Can Be Banned By Schools

Britain's Lord Chancellor, Lord Falconer, yesterday in a speech to a convention of head teachers said that the Muslim full-face niqab, as well as the full-length jilbab gown, can be banned from British classrooms. Today's London Daily Express reports on Falconer's confirmation that school uniform policies can ban students from wearing these items. Pointing to a decision last year by the British House of Lords, he said that "common sense and human rights are entirely in line with each other".

Recent and Upcoming Books on Law and Religion

Philip Jenkins, God's Continent: Christianity, Islam, and Europe's Religious Crisis, (Oxford Univ. Press, May 2007).

Malcolm B. Yarnell III, First Freedom: The Baptist Perspective on Religious Liberty, (B&H Publishing, May 2007) (Press release).

Bruce J. Dierenfield, The Battle Over School Prayer: How Engel v. Vitale Changed America, (Univ. Press of Kansas, April 2007).

Stephen Mansfield, Ten Tortured Words: How the Founding Fathers Tried to Protect Religion in America . . . and What's Happened Since, (Thomas Nelson, June 2007).

Matthew Chapman, 40 Days and 40 Nights: Darwin, Intelligent Design, God, OxyContin, and Other Oddities on Trial in Pennsylvania, (HarperCollins, April 2007).

NC Supreme Court Dismisses Challenge To Use of Church Funds

In Harris v. Matthews, (NC Sup. Ct., May 4, 2007), the North Carolina Supreme Court dismissed on First Amendment grounds a claim by a faction of the church that its pastor and certain church officials breached their fiduciary duties by improperly using church funds. The majority held:

Determining whether actions, including expenditures, by a church's pastor, secretary, and chairman of the Board of Trustees were proper requires an examination of the church's view of the role of the pastor, staff, and church leaders, their authority and compensation, and church management. Because a church's religious doctrine and practice affect its understanding of each of these concepts, seeking a court's review of the matters presented here is no different than asking a court to determine whether a particular church's grounds for membership are spiritually or doctrinally correct or whether a church's charitable pursuits accord with the congregation's beliefs. None of these issues can be addressed using neutral principles of law.

Justice Brady wrote a concurring opinion, taking a restrictive view of the reach of the Establishment Clause. He wrote:

The "wall of separation" metaphor should only be used, if at all, in cases such as the one sub judice. In other words, the gate to the "wall of separation" only swings one way, locking the government out of ecclesiastical matters.

Justices Hudson and Timmons-Goodson dissented arguing that it was improper to grant an interlocutory appeal in the case and that the case merely presents a property dispute that can be resolved by civil courts using neutral principles of law.

Turkey's Gul Pulls Out of Race As Country Debates Secularist Tradition

In Turkey this morning, Foreign Minister Abdullah Gul withdrew his candidacy for the presidency as Parliament once again failed to muster the quorum necessary to proceed with a vote. Members of Parliament from Turkey's secularist party again boycotted the session. (AP). These developments occurred as tens of thousands of Turks demonstrated in Manisa in support of Turkey's secularist tradition and against the perceived increase of Islamic influence that would follow from Gul's election. (New York Times.) Gul's AK Party has Islamic roots, but claims that it is modern and has moved beyond its Islamic roots. (CNN).

Meanwhile this morning two papers in Britain have interesting analyses of the tensions in Turkey. The Guardian says:

The conflict has been as much about political power and class as it has been about Islam. The simple version paints out inconvenient facts: Erdogan's avowed support for secularism, an AKP whose leadership rejects the label of Islamist, and a programme dedicated to gaining EU membership and attracting foreign investment.

But underpinning this confrontation is something more mundane. It is the fear of the wealthy, highly educated and westernised elite that has traditionally run Turkey - and who are secular - of being pushed aside by a newly-powerful group made up of the urban poor and the lower-middle classes, a group that is conservative and religiously observant.

Today's London Times reports that the complex dispute has become symbolized by controversy over whether Turkish women should wear the the Islamic headscarf. Gul's wife does.

Impacting all of this is a vote in Parliament last Thursday giving initial support to an AKP proposal for direct popular election of the President, instead of the President being elected by Parliament. (Sunday's Zaman). (See prior related posting.)

UPDATE: Monday's Turkish Daily News also has an analysis of the situation, saying that it is more a political battle than a religious one. And a Newsweek columnist reports on his interview with Abdullah Gul who denies that the AKP has an Islamist agenda.

California County Wants To Issue Permits For Religious Use of Roadkill

California's Calaveras County Fish and Game Commission has formally requested the state Department of Fish and Game for permission to issue permits to practitioners of Native American religions so they can salvage dead birds and animals for religious purposes. Today's Stockton (CA) Record says that the issue was raised when former prison chaplain, Fred Velasquez, was cited by a game warden for picking up a dead red-tail hawk near a California highway. Velasquez uses bones and feathers from dead animals to make the regalia used in ceremonies of the Roundhouse tradition.

Author Says LDS Church Historically Suports Church-State Separation

Yesterday's Salt Lake Tribune carries an article by author Gary Bergera chronicling a long history of formal pronouncements of the Church of Jesus Christ of Latter-Day Saints in support of separation of church and state. This article comes as the media focus more and more on the views of Mitt Romney, the Mormon former governor of Massachusetts who is seeking the Republican nomination for the Presidency in 2008. Yesterday Romney gave the commencement address Regent University, founded by televangelist Pat Robertson. He did not discuss his religious beliefs in his address. (Washington Post).

Court Official Says Bailiff Wrong In Asking Witness To Remove Kippah

A Jackson County, Illinois court bailiff acted inappropriately last month when he asked Benjamin Sloan, an Orthodox Jew, appearing as a witness in a civil case, to remove his kippah (skullcap) in the courtroom. That is the conclusion of the court's Director of Operations Linda Austin, who said: "Any individuals with religious garb, be it a Muslim scarf or a skullcap, should never be asked to remove them before entering the courthouse or a courtroom." The Southern today reports that Sloan, saying he is only a little miffed, attributed the incident to cultural insensitivity on the part of courthouse security officers.

Azeri Journalists Sentenced to Prison For Exciting Religious Hostility

The Associated Press and Radio Free Europe report that a district court in Baku, Azerbaijan on Friday sentenced two journalists from the newspaper Senet to 3 and 4 years in prison respectively for publishing an article criticizing Islam and the Prophet Muhammad. Reporter Rafiq Tagi and his editor, reported variously to be either Samir Huseinov or Samir Sadagatoglu, were convicted on charges of exciting religious hostility in violation of Article 283.1 of Azerbaijan's Criminal Code. The article, published last November, said Islam had suffocated people, made them less free and hindered humanity's development. (See prior related posting.)

Yemini Official Threatens To Replace Mosque Leaders Who Push Extremism

Saturday's Yemen Observer reports that at a meeting at the Ministry of Endowments late last week, the new Yemeni Minister of Endowment and Guidance, Hamoud al-Hetar, announced that he would replace any mosque leaders who adopt extremism and fanaticism in sermons and lectures. He emphasized the importance of a culture of tolerance and co-existence. The pronouncement grows in part out of the unrest in Sa'ada province where al-Houthi rebels are demanding the replacement of Salafi and Wahabi mosque leaders.

Is National Day of Prayer Underinclusive?

Is the National Day of Prayer (see prior posting) underinclusive? Has it taken on Judeo-Christian focus that should be expanded to include other faiths as well? Yesterday's Daily Pilot carries comments from seven members of the clergy discussing the issue.

Texas House Approves Adding "Under God" To State Pledge

On Friday, the Texas House of Representatives passed HB 1034, adding "under God" to the pledge of allegiance to the state flag. The final vote was 141- 0 with one person not voting. Since 2003, state law has required public school students to recite the U.S. and Texas pledge, and observe a moment of silence, every school day. (Houston Chronicle). According to the San Antonio Express-News, a small group of Democrats in the House lost in an attempt to also add the words “liberty and justice” to the pledge. If the Senate also passes this bill, the state pledge will read: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." (See prior related posting.)

Discrimination Found In School's Differential Holiday Leave

In Troy v. City of Lynn School District, 2007 Mass. Comm. Discrim. LEXIS 19 (MCAD, April 18, 2007), the Massachusetts Commission Against Discrimination held that the Lynn school system’s collective bargaining agreement (CBA) with the school administrator’s union discriminated against a Catholic employee. The CBA provided that in addition to general school holidays for Christmas and Good Friday, paid leave was granted to Jewish employees for Rosh Hashanah and Yom Kippur; and to Orthodox employees for Orthodox Good Friday. Administrator Paul Troy, a devout Roman Catholic, was refused his request to have Holy Thursday and Ascension Thursday off as paid holidays. The Commission held that the school had put forward no legitimate non-discriminatory reason for treating members of different religious faiths differently. The Commission ordered the school to end discrimination based on religious affiliation and to pay $4857 in damages to Troy. [Thanks to Eugene Volokh via Religionlaw listserv for the lead.]

7th Circuit: Pharmacist Demanded Too Much Accommodation For Religious Belief

On Wednesday, the U.S. 7th Circuit Court of Appeals ruled that Wal-Mart was not required to go as far as an employee pharmacist requested in accommodating his religious objections to filling birth-control prescriptions. In Noesen v. Medical Staffing Network, Inc., (No. 06-2831)(7th Cir., May 2, 2007), the court found that under Title VII of the 1964 Civil Rights Act, the accommodation sought by pharmacist Neil Noeson would impose an undue hardship on Wal-Mart. Wal-Mart offered to permit Noesen to assist only male customers and women not of childbearing age. However, it insisted that he, like all other staff, needed to answer telephones. However, Noesen insisted that the only acceptable accommodation was to relieve him of all counter and telephone duties unless customers were first pre-screened by others to ensure that they were not seeking birth control.

The court also held that, insofar as Noesen had a claim against the state of Wisconsin, Title VII does not override the state's Eleventh Amendment immunity in federal court. [Thanks to Steven H. Sholk for the lead.]

UPDATE: The 7th Circuit's link to the opinion in this case has been unstable. It has been updated, but if it breaks again, search by case name or number here.

April-May Prisoner Free Exercise Cases

In Allmon v. Butler, 2007 U.S. Dist. LEXIS 31986 (D AZ, April 30, 2007), an Arizona federal district court rejected a prisoner's claim that his free exercise rights were violated when he was kept from attending religious services or talking to a pastor regarding family emergencies. Plaintiff did not allege his religion or how he was unjustifiably prevented him from engaging in conduct mandated by his faith.

In Williams v. Arpaio, 2007 U.S. Dist. LEXIS 31988 (D AZ, April 30, 2007), an Arizona federal district court denied a free exercise claim by a prisoner who complained that he was denied access to religious programming on television and that he is denied Pagan religious counseling.

In Linares v. Mahunik, 2007 U.S. Dist. LEXIS 31488 (ND NY, April 30, 2007), a New York federal district court accepted the recommendations of a magistrate judge to dismiss a prisoner's free exercise claim, agreeing that a one-time cancellation of a callout to attend choir practice did not substantially burden plaintiff's free exercise rights.

In Harwood v. Tyler, 2007 U.S. Dist. LEXIS 31908 (ED WA, May 1, 2007), a federal magistrate judge held that a prisoner's free exercise rights were not substantially burdened by the removal and destruction of his religious materials that deprived him of the ability to study for 30 days.

In Kuperman v. New Hampshire Department of Corrections, 2007 WL 120092 (D NH, April 18, 2007), a New Hampshire federal Magistrate Judge recommended that an injunction issue to require an Orthodox Jewish prisoner to receive a Kosher diet. He held that, as applied here, a prison regulation that suspended the inmate's right to a religious diet for 6 months for a single violation of the diet by him is unconstitutional. The Boston Globe reported on the decision last week. UPDATE: Here is the Lexis link: 2007 U.S. Dist. LEXIS 32859.

Israeli Lawyer Sues To Open Rabbinical Court Staff Employment To Women

In Israel, lawyer Naama Safrai-Cohen is trying to open employment in the rabbinical court system to women. Haaretz reports today that Safrai-Cohen last month petitioned the Jerusalem Labor Court to order the Civil Service Commission and the Rabbinical Court Administration to cancel a job tender for the position of legal aide in the rabbinical courts because it required that applicants be certified by the Chief Rabbinate of Israel. The chief Rabbinate only certifies men. The tender was withdrawn, but the court is still considering the case.

Catholic Group's Suit Against University of Wisconsin Settled

The University of Wisconsin has settled a lawsuit filed against it by UW Roman Catholic Foundation challenging UW's refusal to recognize the Foundation as a student organization. Originally the University had two objections-- the Foundation limited its membership to Catholics, and it was not controlled by students. In March, a federal judge ruled that the University was violating the organization's rights by applying non-discrimination rules in a way that forced it to admit non-Catholics. (See prior postings, 1, 2.)

In yesterday's settlement (full text of court order), reported by the Badger Herald, and by the Chippewa, the Foundation agreed to reorganize to separate St. Paul’s University Catholic Parish from the University's Catholic student group. The University will recognize the separate student group, RCF-UWM, as a student organization. RCF-UWM agreed, however, that it would not seek funding from student fees for Masses, weddings, funerals or other events "requiring the direct control of ordained clergy." In exchange, University Chancellor John Wiley agreed to include $253,274 in student fee funding for the group in his recommended budget for next year. As part of the settlement, the court vacated its preliminary injunction orders issued in March and dismissed plaintiff's complaint.

White House Threatens Veto Of Hate Crimes Bill, But Not On Religious Expression Grounds

An odd show down is is being orchestrated in Washington over H.R. 1592, the Local Law Enforcement Hate Crimes Prevention Act of 2007, which was approved by the House of Representatives yesterday. The vote was 237-180. (New York Times.) The bill expands the definition of hate crimes to include crimes of violence connected in some way to interstate commerce that are committed because of the victim's actual or perceived sexual orientation, gender identity or disability. It also provides funds and other assistance to promote local hate crimes prosecutions. The bill now moves to the Senate which has not yet voted on its parallel bill, S.1105.

Conservative Christian groups have opposed the bill, claiming that it would infringe their right to religious expression. Presumably they are concerned that preaching about the sinfulness of homosexuality could lead to prosecution, particularly if someone is inspired to commit violence by a denouncement of gays and lesbians. The bill's proponents argue that it contains extensive provisions assuring that prosecutions will target criminal acts, not expressions of belief. (See prior postings 1, 2, 3.)

Following the House vote, the White House issued a statement (full text) saying that if the bill ultimately passes the Senate, the President's "senior advisors would recommend that he veto the bill." Interestingly, however, the statement makes no mention of claimed interference with the expression of religious beliefs as a ground for veto. Instead it makes three very different arguments.

First it objects to federalizing as many violent crimes as the bill does. Second, it complains that the bill does not cover crimes against the elderly, members of the military, police officers, and victims of prior crimes. Interestingly, the statement makes no mention of another class that Christian conservatives wanted included in the bill-- unborn babies. Finally, the White House statement objects to a provision in the bill that does not apply to crimes motivated by sexual orientation of the victim, but only to crimes motivated by a victim's race, color, religion or national origin. 18 USC Sec. 249(a)(1), the White House says, raises constitutional concerns because it is not limited to activities which Congress could criminalize under its powers to regulate interstate commerce, enforce equal protection or protect federal personnel.

The Anti-Defamation League issued a statement praising the House action, criticizing the President's threatened veto, and saying that the law would withstand constitutional attack.

Indonesia Charges 41 Christians Criminally Over Insulting Video

Asia News reported yesterday that in Malang, Indonesia, 41 Christians have been arrested on blasphemy charges growing out of a controversial hour-long video they produced. They have been charged under Section 156A of the Criminal Code with offending Islam. Those charged are all members of the Indonesian Students Service Agency (LPMI). If convicted, they face a 5-year prison sentence. The video shows a gathering of young people in Muslim dress praying to the sound of Christian song. The priest leading the prayer points his finger at the Koran and says that it is the "source of all evil in Indonesia, from violence to terrorism".

White House Ceremony, Capitol Hill, Mark National Day of Prayer [Corrected]

This morning in the White House, President George W. Bush hosted a ceremony marking the National Day of Prayer. (See prior posting.) The program (video) was introduced by the head of the National Day of Prayer Task Force, Shirley Dobson, wife of Focus on the Family chairman James Dobson. Making certain that the ceremony was not solely a Christian event, the U.S. Army Chorus sang "Sim Shalom," a prayer from the Jewish liturgy, and Chicago Rabbi Michael Siegel was among the clergy who spoke. (JTA). Among the other speakers were the chaplain of the corps of cadets at Virginia Tech University (AP).

Musical presentations at the White House ceremony included two spirituals. No Muslim clergy spoke at the event. The President's remarks at the event (full text) focused on the reasons for prayer. He concluded saying: "Prayer has the power to change lives and to change the course of history. So on this National Day of Prayer, let us seek the Almighty with confidence and trust...."

Following the National Day of Prayer ceremony, the President discussed comprehensive immigration reform with some of the clergy who were present. (White House Press Release.)

A National Day of Prayer event was also held on Capitol Hill in the Cannon Office building. Among the speakers was Mississippi Supreme Court Chief Justice James W. Smith Jr. (Hattiesburg American). Smith gained notoriety in 2006 when he appeared in the film Borat . He was shown at a Pentacostal camp meeting saying that "we are a Christian nation now, we were a Christian nation in the beginning, and we're gonna always be a Christian nation until the good Lord returns." (Ethics Daily). After Smith's National Day of Prayer remarks, event organizer Barbara Byerly prayed for God to "reverse the course" of the nation's judges for their "ungodly" rulings. (Jackson Clarion Ledger). [Note, an earlier version of this posting incorrectly reported that Smith had spoken at the White House ceremony.]

House Passes Head Start Reauthorization With Ban On Religious Discrimination Intact

Today, the U.S. House of Representatives passed HB 1429 , the Improving Head Start Act of 2007. The vote was 365-48. (Washington Post). The bill passed after the defeat of a motion to send it back to committee with instructions to remove provisions currently in federal law that ban religious discrimination in hiring Head Start teachers, staff and volunteers. Blog from the Capital has extensive coverage of the contentious debate on the House floor on the motion to recommit, as well as background on the dispute. The House did pass (229-195) an amendment proposed by the Democrats that supports the right of faith-based groups to participate in Head Start. (Washington Times). People for the American Way issued a release welcoming the retention of the anti-discrimination provision in the bill. (See prior related posting.)

4th Circuit Upholds Principal's Removal Of Religious Material From Bulletin Board

Yesterday the U.S. 4th Circuit Court of Appeals upheld the actions of a York County, Virginia principal who removed religious-themed material that Spanish teacher William Lee had posted on his classroom bulletin board. The posted articles and photos focused on instances of governmental involvement with religion and on religious activities of a former Virginia high school student. In Lee v. York County School Division, (4th Cir., May 2, 2007), the court rejected the Spanish teacher's claim that his First Amendment free expression rights were violated by the principal's actions. The court held that the items removed from the bulletin board were curricular in nature, constituted school-sponsored speech and bore the imprimatur of the school. This makes the dispute over Lee’s postings of the items merely an ordinary employment dispute, and not a dispute over his right to speak out on matters of public concern. In reporting on the decision yesterday, the Washington Post quoted the head of the Rutherford Institute as saying that it would ask the U.S. Supreme court to review the decision. (See prior related postings 1, 2.) [Thanks to Derek Gaubatz for the lead.]

USCIRF Makes Recommendations On List Of Countries Violating Religious Freedom

Yesterday, the United States Commission on International Religious Freedom (USCIRF) issued its 2007 recommendations to the Secretary of State on countries in which there are serious violations of religious liberty. (Press release.) Eleven countries were recommended for listing as "Countries of Particular Concern"-- those with the most egregious violations of religious freedom and belief. Eight of these countries were named CPCs by the State Department last year-- Saudi Arabia, China, North Korea, Sudan, Iran, Eritrea, Uzbekistan and Burma. The Commission recommended placing Viet Nam back on the list. It had been removed last year on the eve of President Bush’s visit there for the Asian Pacific Economic Conference. USCIRF also recommended adding Turkmenistan and Pakistan to the list. Last year the State Department rejected USCIRF's recommendations to list these two countries as CPCs. Annual designation of CPCs by the President is mandated by the International Religious Freedom Act of 1998.

USCIRF also placed eight countries on its watch list, as countries where religious freedom violations call for close monitoring. Carried over from last year are Afghanistan, Belarus, Egypt, Bangladesh, Cuba, Indonesia, and Nigeria. Added this year is Iraq. USCIRF also issued its 2007 Annual Report containing detailed reports on the status of religious freedom in numerous countries around the world.

Suit Challenges Indiana Social Service Agency's Hiring of Chaplain

In March 2006, Indiana's Family and Social Services Administration employed Rev. Michael Latham, a Baptist minister, as its chaplain to travel across the state to counsel FSSA workers during a time of rapid changes in the agency. Latham also recruits volunteer clergy of other faiths to provide counseling. Yesterday, according to the Associated Press, the Freedom From Religion Foundation filed suit in federal district court in Indianapolis claiming that the hiring of Latham was unconstitutional under the federal and state constitutions. The suit alleges that his hiring had no secular purpose and creates excessive entanglement between government and religion.

En Banc 10th Circuit Review Sought In "Seven Aphorisms" Cases

The cities of Duchesne and Pleasant Grove, Utah have petitioned for en banc review by the U.S. 10th Circuit Court of Appeals in two decisions by a 3-judge panel that largely upheld the right of members of the Summum faith to erect monuments displaying their Seven Aphorisms alongside Ten Commandments monuments in two different public parks. (See prior posting.) Yesterday's Deseret Morning News reports on the petitions filed in Summum v. Pleasant Grove City and Summum v. Duchesne City. The cities argue that the 3-judge panel was mistaken in characterizing the donated Ten Commandments monuments as private speech instead of speech by the government. They say that the panel's reasoning could could turn parks "into a cluttered junkyard of monuments contributed by all comers."

The argument that once the 10 Commandments monuments were donated, they were "government speech", is a particularly interesting one in the Duchesne City case. There the city, in an attempt to avoid Summum's request for equal treatment in a public forum, transferred the parkland under the 10 Commandments monument to private individuals.

Texas House Passes Bill To Protect Student Religious Speech

On Tuesday, the Texas House of Representatives approved by a vote of 121- 10 (with one person voting Present) HB 3678, the Religious Viewpoints Antidiscrimination Act, also known as the Schoolchildren's Religious Liberties Act. The bill requires public schools to allow students to express religious viewpoints in the same way that it permits them to express other points of view. It provides that students may express their beliefs about religion in homework, artwork, and other assignments, and may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious events before, during, and after school to the same extent that students are permitted to organize other noncurricular activities. The bill sets out a Model Policy that schools may adopt to comply with the bill's requirements.

Monday's San Antonio Express-News reports that the bill, now in the Senate Education Committee, is strongly supported by Texas Governor Rick Perry. However Kathy Miller, head of the Texas Freedom Network, says that the bill threatens religious freedom because "students will be held captive to the expression of religious beliefs that they and their families may not share". (See prior related posting.)

Missouri Legislature Passes Faith-Based Organization Liaison Act

Yesterday, according to the Rolla Daily News, Missouri's House of Representatives passed the Faith-Based Organization Liaison Act ( HB 888) by a vote of 122-27. Already passed by the Senate, the bill calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law. (See prior posting.)

State Funds To Baptist Group Homes Challenged; Proselytization Charged

In a Kentucky lawsuit challenging state funds that have gone to the Kentucky Baptist Homes for Children, plaintiffs have filed a copy of a report that charges the social service agency with religious coercion and proselytizing in their group homes. Today's Louisville Courier Journal reports that in exit interviews conducted for the state by the Children's Review Program, a comparatively small number of children claimed that they were forced to participate in Bible readings, prayers or Baptist services or that they were prevented from practicing their own faith. The agency (now known as Sunrise Children's Services), has received $61 million for housing children placed in state custody. It denies the charges, and the state agrees. In reviews, the Homes have generally scored high on maintaining children's cultural connections. The lawsuit challenging state funding, as well as charging religious discrimination, was filed in 2000 by and employee who was fired after the Homes learned that she was a lesbian.

British Treasury Considering Issuance of Sharia-Compliant Bonds

In a speech last week (full text), Britain's Economic Secretary to the Treasury, Ed Balls, announced that the UK government is looking into the possibility of issuing government bonds that are Sharia compliant. He said that a working group is being formed to "examine the wider benefits from the issuance of sukuk bonds for the development of London as a centre for Islamic finance." Bahrain, Malaysia, Qatar and Saxony-Anhalt in Germany are already issuing this type of financial instrument. In addition to considering the issuance of Sharia-compliant bonds in the wholesale sterling market, Britain's National Savings and Investment agency will examine the possibility of issuing Islamic products in the retail market as a way of encouraging British Muslims to save.

Last week, stories in The Guardian and Arabian Business emphasized the growing market for Islamic financial products. The government bond proposals are part of a broader group of measures that were announced by Secretary Balls on April 16 at a government-hosted summit on Islamic finance. (Press release.)

Britain's initiative is not without its critics. In a letter to the Financial Times last week, a spokesperson for the Lawyer's Christian Fellowship argued that Sharia would limit the purposes for which funds raised from the bonds could be spent, and that disputes regarding such financial instruments could involve the need to interpret religious law. In this regard, an article today in LiveMint.com profiles Bahrain's Sheikh Nizam Yaquby, one of a group of Islamic scholars who advises financial companies around the world on structuring insurance policies, accounts and bonds to meet the requirements of Islamic law.

UPDATE: The May 3 Legal Times carries an interesting article on the growing demand for lawyers with expertise in Islamic finance and the role of Islamic scholars in developing new products.

Teacher Sues School Over Order To Remove Classroom Banners

Yesterday, the Thomas More Law Center announced that it had filed a federal civil rights suit against San Diego, California's Poway Unified School District on behalf of a teacher who was required by school officials to remove from his classroom a number of banners with religious references on them. For the past 25 years, teacher Brad Johnson had displayed banners with excerpts from patriotic documents referencing God, such as "in God We Trust" and "God Shed His Grace on Thee". The suit alleges that the school district has imposed an unconstitutional viewpoint-based restriction that serves no valid educational purpose on Johnson's speech by ordering the banners taken down. Yesterday's North County Times discusses the lawsuit. Poway School District is already involved in other high profile litigation brought by a student who was banned from wearing a T-shirt condemning homosexuality.

California Can Require Social Security Number For Driver's License

In Harris v. Business, Transportation and Housing Agency, 2007 U.S. Dist. LEXIS 31283 (ND CA, April 17, 2007), a California federal district court rejected a free exercise challenge to California's requirement that a person applying for a drivers' license present a social security number. Smiley Harris, a minister in the Church of Greater Faith and Redemption, in a wide-ranging group of claims, argued that his congregation forbids use or possession of a social security number, believing that it is the "mark of the beast".

Britain's New Religious Discrimination Ban Effective April 30

Norwich Union reports that Part 2 of Britain's Equality Act of 2006 banning discrimination on the basis of religion or belief came into force on April 30. The new requirements cover furnishing of goods, facilities or services. Britain's Department of Communities and Local Government has issued a Guidance document that explains the new rules and certain exceptions that are available for religious organizations. A Guidance document for schools is available from Teachernet.

Malaysian Offical Rejects Request For Chinese Muslim Mosque

In Malaysia, Abdul Hamid Othman, the religious adviser to Prime Minister Abdullah Ahmad Badawi, has recommended that the government refuse a request by Chinese Muslims who want to build a Chinese-designed mosque in Kuala Lumpur. Yesterday's Khaleej Times reported on the dispute. Danial Hakim Boey, head of the Malaysian Chinese Muslim Community, says that Indian Muslims in Malaysia have their own buildings. However, Hamid said that the request has political implications: "Now they want their own mosques, the next time around they will be asking for leaders to represent their ethnic groups."

Court Upholds Navy Chaplain Selection Policy

In a doctrinally important decision yesterday, the U.S. District Court for the District of Columbia rejected claims by three non-liturgical Protestant ministers that the composition of the Navy's chaplain corps violates the First Amendment. Plaintiffs, who had been rejected for the corps, argued that liturgical Protestant chaplains were unconstitutionally over-represented in relation to the religious preference of Navy personnel served. In Larsen v. United States Navy, (DDC, April 30, 2007), the court upheld the Navy's current policy of taking the best-qualified candidates regardless of denomination, and found that plaintiff's challenge to the Navy's former policy of proportional representation of denominations is moot since the policy is no longer in effect.

In evaluating the Navy's current policy, the court held that under the Supreme Court's decision in Goldman v. Weinberger, the court should not apply the normal strict scrutiny standard used in free exercise cases. Instead, where military policy is involved, the court must use a more deferential analysis. The court said:

If the Navy were constitutionally required to organize and constitute a chaplaincy, so as to ensure the free exercise rights of its service members, then the chaplaincy program would have to not only be narrowly tailored to the free exercise needs of the Navy's service members, it would have to be in relative synergy with it.... If, as is the case here, the Navy is permitted, but not constitutionally required, to accommodate religious needs of its members via a chaplaincy program, the Navy's program need not satisfy every single service members' free exercise need, but need only promote free exercise through its chaplaincy program. The program is constitutionally sound if it simply works toward accommodating those religious needs.

The court found that the Navy's current program seeks legitimate military ends and is designed to accommodate the rights of Navy personnel to an appropriate degree. It found that plaintiffs' proposal that the chaplain corps reflect the actual religious demographics of the Navy confuses number of adherents with the religious needs of personnel, which may not be proportional to their numbers. A more tailored program would require the Navy to become excessively entangled in studying the religious habits and interests of its members.

Military Agency Focuses On Increased Religious Diversity

As religious diversity in the military grows, a little known Department of Defense agency has been conducting research and is offering training to government personnel on the issue. The Defense Equal Opportunity Management Institute , as part of its mission, focuses on the growing religious diversity within DOD and among those with whom the Department deals. A Religion Clause reader mentioned the initiative to me, and I asked her to give me more information. Here is the description from Charlotte E. Hunter, CDR, CHC, USN, who is part of the program:

The Defense Equal Opportunity Management Institute (DEOMI), a Department of Defense (DoD) agency, is the U.S. military's premiere organization dedicated to promoting understanding of and respect for equal opportunity, diversity, and cultural competency within the military Services and other federal agencies. One critical facet of DEOMI's mission lies in conducting research and providing training on the growing religious diversity within DoD ranks and how accommodation of this diversity affects issues of recruitment, retention, and readiness.

In addition, increased awareness of the importance of religion (and other cultural factors) within those populations with whom DoD personnel interact finds DEOMI ideally situated to provide military and government leaders with research possessing both scholarly depth and military awareness. DEOMI personnel provide expert training in these areas to military and civilian employees of DoD at DEOMI, located on Patrick Air Force Base, FL, and in military units around the country, placing continual emphasis on how religion can and does play a vital role in the military mission.

Kansas City Airport Adds Foot Washing Basins For Muslim Cabbies

Accommodating requests by a growing number of Muslim cab drivers, the Kansas City International Airport has recently expanded its taxicab facility restroom area to include four individual foot-washing benches and basins. In preparation for prayer five times each day, Muslims wash their feet to purify themselves. WorldNetDaily on Saturday reported that the new facility has become controversial as some object that authorities are catering to one religion's needs. It is estimated that 70% of the airport's 250 cab drivers are Muslim. This controversy comes shortly after a similar one in Minneapolis after a community college proposed installing foot washing basins to accommodate Muslim students. [Thanks to Jack Shattuck for the lead.]

Evangelists Lose Challenge To SF Noise Ordinance In 9th Circuit

In Rosenbaum v. City and County of San Francisco, (9th Cir., April 30, 2007), the U.S. 9th Circuit Court of Appeals rejected equal protection and First Amendment challenges to San Francisco's enforcement of its noise and its permit ordinances against Christian evangelists seeking to use sound amplification equipment for their preaching in the streets and parks of San Francisco. The court found no evidence of selective issuance of permits nor of selective enforcement by police. It also rejected claims of viewpoint discrimination. Appellants had argued that officers allowed a "heckler's veto" and that denial of a permit because of excessive noise was a pretext for disagreement with the content of their speech, as was their arrest for disturbing the peace. Finally the court rejected prior restraint arguments and claims under the California Constitution put forward by the evangelists. CBS 5 yesterday reported on the decision. [Thanks to How Appealing for the lead.]

City Officials, Catholic Church In Standoff Over Mexico City's New Abortion Law

In Mexico City, the Catholic church is confronting government officials over the city's new abortion law. Mexico City's legislative assembly voted 46-9 last week to legalize abortion during the first 12 weeks of pregnancy. The bill was published into law last Thursday. It makes Mexico City the largest city in Latin America to legalize abortion. (Washington Post, April 24) (Houston Chronicle, April 26). Under the new law, according to Mexico City Mayor Marcelo Ebrard, doctors at city-run hospitals cannot refuse to perform abortions even if they have religious or moral objections. Nevertheless, the Roman Catholic Church on Sunday called on doctors to refuse to perform the procedure. It threatened to excommunicate health care workers who perform abortions. (Catholic World News, April 30). The Church's activities have led to its being under investigation for violating Mexican laws that prohibit its participating in politics. (El Universal, April 30.)

Kaiser Network says that the new law allows gynecologists who have moral objections to performing abortions to refuse to do so, at least in private hospitals. The College of Catholic Lawyers plans to file a formal complaint with the Inter-American Court of Human Rights. They contend that the law is unconstitutional.

Kenya Students Sue For Right To Wear Headscarves In School

Today's Kenya Times reports that in Kenya's Mwingi District, 120 students from eleven primary schools have sued claiming that they have been unconstitutionally expelled from school for wearing headscarves. The girls claim they are Christians and members of a church known as "Arata A. Roho Mutheru". They say their religion requires them to keep their head covered. Their lawyer argues that their expulsion violates Sec. 78 of Kenya's Constitution that protects freedom of conscience, thought and religion. He says that the schools' actions also violate the students' rights under the country's Free Primary Education policy.

President Declares May As Jewish American Heritage Month

Yesterday, President George W. Bush issued a Proclamation declaring May 2007 as Jewish American Heritage Month. The Proclamation reads in part: "Throughout our history, Jewish Americans have contributed to the strength of our country and the preservation of our values. The talent and imagination of these citizens have helped our Nation prosper, and their efforts continue to remind us of America's gift of religious freedom and the blessings of God's steadfast love."

UPDATE: A coalition of Jewish groups has created a Jewish American Heritage Month website with background information, resources and a calendar of planned events for the month.

Regulation of Islamic Banking Considered In Canada and UK

The Canadian law firm of of Strikeman Elliott has posted a newsletter titled Islamic Financial Services: Overview and Prospects for the Canadian Marketplace. It says that Canada's Office of the Superintendent of Financial Institutions has indicated that it is considering regulatory issues relating to the offering of Sharia-compliant financial products in Canada. Around the world, demand has grown for this type of financial alternative as oil wealth has increased and non-Muslim investors seek out ethical investments. In Britain, the Financial Services Authority has authorized both a Sharia-compliant retail bank and a Sharia-compliant investment bank. In April 2006, Britain's FSA issued a Consultation Paper on rules relating to Sharia-compliant Home Purchase Plans.

Obama's Faith and His Religious Mentor Featured In NYT Article

Today's New York Times carries a long front-page article on Senator Barack Obama's religious faith and the shaping influence of Rev. Jeremiah A. Wright Jr. on that faith. While Obama has been shaped by the theology he learned at Wright's Trinity United Church of Christ, he is now attempting to distance himself from Wright's assertions about white racism and some of Wright's criticisms of U.S. policy. Obama's book, "The Audacity of Hope", took its title from one of Wright's sermons.

Church Sued After Member Is Injured In Ecstatic Prayer

In a Michigan state court, a jury trial begins today in an unusual negligence suit against Lansing's Mount Hope Assemblies of God Church and its pastor, Dave Williams. Last Friday's Lansing State Journal explains that church member Judith Dadd alleges she suffered a concussion and scalp lacerations, headaches, depression, fatigue and memory loss, all from a fall she took in 2002 while praying at the church. She says she answered a call to the altar, where it is common for members to collapse to the floor when they "are overcome by the Spirit of the Lord". Church ushers are supposed to be trained to catch those who fall, but no one caught her this time. Dadd is also suing Pastor Williams for defamation because of statements he made about her and her lawsuit at a church leadership rally and in a letter to some members of the congregation. [Thanks to Brian D. Wassom for the lead.]

Newsweek Features Articles On Religion In the Military During Wartime

Much of this week's issue of Newsweek is devoted to its cover theme, "God & War". Articles include: How Chaplains, Soldiers Keep Faith During War; Chaplains: The Calm in the Chaos; One Flag, Many Faiths; and God, War and the Presidency. The website also links to a podcast in which Army Chaplain Roger Benimoff discusses Religion in a Time of War. Benimoff, and his struggle to keep his faith in light of his experiences in Iraq, are the subject of the magazine's main story. It focuses on voluminous e-mails and a hand printed journal kept by Benimoff during his two tours of duty in Iraq. Here is an excerpt from the article:

[Benimoff's] experience ... is a tale of a devout young man who begins his time in Iraq brimming with faith and a sense of devotion that carries him into a second tour.... A mixture of adrenaline and devotion keeps Benimoff focused in the theater of war. Yet over time, his spiritual foundation is shaken by the carnage. The demons surface in full once he finds more time for reflection. After joining Walter Reed last June, Benimoff was plagued by questions.... For a brief period early this year, he came to "hate" God, and wanted nothing to do with religion.

And here is a more general summary from the article of soldiers' religious practices:

Many American soldiers in Iraq wear crosses; some carry a pocket-size, camouflage New Testament with an index that lists topics such as Fear, Loneliness and Duty. U.S. troops have conducted baptisms in the Tigris. They often huddle in prayer before they go on patrol. Not everyone is comfortable with this. About 80 percent of soldiers polled in a 2006 Military Times survey said they felt free to practice their religion within the military. But the same poll found that 36 percent of troops found themselves at official gatherings at least once a month that were supposed to be secular but started with a prayer.

10 Most Important Evangelicals For Republican Primary Named

Religion News Service on Saturday published its nominations for the evangelical Christian religious leaders who will be most important to Republican candidates in the 2008 presidential primaries.

Its top ten are: (1) Tony Perkins (Family Research Council); (2) James Dobson (Focus on the Family); (3) Michael Farris (Home School Legal Defense Association and Patrick Henry College); (4) Richard Land (Southern Baptist Ethics & Religious Liberty Commission); (5) Pam Olsen (Florida Prayer Network); (6) Rod Parsley (Reformation Ohio and Center for Moral Clarity); (7) Steve Scheffler (Iowa Christian Alliance); (8) Tamara Scott (Concerned Women For America); (9) Jay Sekulow (American Center for Law and Justice); and (10) Don Wildmon (American Family Association). [Thanks to Mainstream Baptist for the lead.]

Recent Scholarly Articles On Law and Religion

From SSRN:
Rev. John J. Coughlin, O.F.M., Canon Law, (Notre Dame Legal Studies Paper No. 07-27, April 23, 2007).

Mohammad Fadel, Public Reason as a Strategy for Principled Reconciliation: The Case of Islamic Law and International Human Rights, (University of Toronto, Faculty of Law, Legal Studies Research Paper No. 981777 , April 2007).

Mark William Osler, Aseret Had'Varim in Tension: The Ten Commandments and the Bill of Rights, (July 15, 2007).

From Bepress:
Samuel Asher Blaustein, "Honor Thy Father and Mother": Children’s Obligations to Honor & Support Parents - A Comparative Analysis of Jewish and American Secular Law, (April 2007).

From Global Jurist:
Faiz Ahmed, Shari'a, Custom, and Statutory Law: Comparing State Approaches to Islamic Jurisprudence, Tribal Autonomy, and Legal Development in Afghanistan and Pakistan, (Vol. 7, Issue 1, 2007).

From SmartCILP:
Symposium: Disentangling Church and State: Have the Courts Done Enough?, Foreword by Tom Lininger; articles by Erwin Chemerinsky, Clark B. Lombardi, Steven K. Green, Kelly W.G. Clark, Kristian Spencer Roggendorf, student Peter B. Janci, Rev. Charles F. Hinkle and Mark David Hall. 85 Oregon Law Review 351-614 (2006).

Divorced Couple Battles In Courts Over Son's Religious Circumcision

An AP story carried widely yesterday reports on a divorced Oregon couple who are battling in the courts over whether their 12-year old son will have a religious circumcision. After the couple divorced, the father converted to Judaism. The mother originally had custody of their son, but the boy's custody was subsequently transferred to the father. The boy then decided that he would like to follow his father's example and also convert to Judaism, knowing that circumcision would be part of the conversion. Both the trial and appellate courts have ruled that the father, as custodial parent, has the right to decide if the child will have elective surgery. The mother has appealed to the Oregon Supreme Court, arguing against the circumcision. She claims that their son really does not want to undergo the procedure, but is afraid to defy his father.

NYT Magazine Story On Egypt's Muslim Brotherhood

Today's New York Times Magazine features a story by James Traub on Egypt's Muslim Brotherhood. Titled Islam Democrats?, the story concludes that "the Muslim Brotherhood, for all its rhetorical support of Hamas, could well be precisely the kind of moderate Islamic body that the administration says it seeks. And as with Islamist parties in Turkey and Morocco, the experience of practical politics has made the brotherhood more pragmatic, less doctrinaire."

Settlement Allows Religious Limits In Online Employment Ad By College

A Joint Stipulation of Dismissal has been filed in Geneva College v. Chao, (WD PA, April 26, 2007). As reported previously, the case involves a challenge to the imposition of non-discrimination requirements on religious institutions desiring to post job openings in a federally-financed Internet-based job listing service. Religiously-based Geneva College requires employees to articulate a commitment to Jesus. The agreed settlement with government officials provides that merely listing positions through the Pennsylvania Department of Labor & Industry's listing service that was funded by federal Workforce Investment Act funds does not make Geneva College a recipient of WIA funding. The non-discrimination provisions apply only to recipients of such funds. However, were the college to become a recipient of WIA funds in the future, posting of jobs funded through WIA would be subject to the non-discrimination provisions. Alliance Defense Fund issued a release praising the settlement.

Danish Politicians Skeptical Of Run For Parliament By Muslim Woman

In Denmark, according to the AP on Friday, politicians are disturbed by the announcement that an observant Muslim woman plans to run for Parliament in 2009. Asama Abdol-Hamid wears an Islamic head scarf and refuses to shake hands with men. This has led even members of left-wing parties to question whether Abdol-Hamid shares the fundamental values of Danish society. Last year, Abdol-Hamid became the first woman to host a Danish TV show wearing a head scarf. Muslim spokesmen say the reaction to Abdol-Hamid's announcement shows the basic lack of respect for Islam in Denmark.

Recent and Upcoming Books of Interest

Harvard University Press:

Hugh Heclo, et. al., Christianity and American Democracy, (June 2007).

Martha C. Nussbaum, The Clash Within: Democracy, Religious Violence and India's Future, (May 2007).

Bernard Rougier, Everyday Jihad: The Rise of Militant Islam Among Palestinians In Lebanon, (May 2007).

Amy L. Koehlinger, The New Nuns: Racial Justice and Religious Reform in the 1960s, (April 2007).

Yale University Press:

Efraim Karsh, Islamic Imperialism: A History, (April 2007).

Princeton Univerisy Press:

Kent Greenawalt, Does God Belong in Public Schools?, (April 2007).

Miranda K. Hassett, Anglican Communion in Crisis: How Episcopal Dissidents and Their African Allies Are Reshaping Anglicanism, (April 2007).

Aamir R. Mufti, Enlightenment in the Colony:The Jewish Question and the Crisis of Postcolonial Culture, (May 2007).

Jonathan Elukin, Living Together, Living Apart:Rethinking Jewish-Christian Relations in the Middle Ages, (May 2007).

Lacrosse Player Loses On Religious Objection To Immunization

In Hadley v. Rush Henrietta Central School District, 2007 U.S. Dist. LEXIS 30586 (WD NY, April 19, 2007), a New York federal district court dismissed free exercise and equal protection challenges brought on behalf of a high school student seeking to be excused from the requirement that he be immunized for tetanus in order to play on the lacrosse team. Harry Hadley was granted a religious waiver of the usual requirement that he receive immunizations in order to attend school. However, his Rochester area school said that the waiver did not extend to participation in extra-curricular activities. The court found that since the policy was a generally applicable neutral policy, and since there is no constitutional right to participate in extra-curricular sports, it is enough that the school had a rational safety reason to impose the immunization requirement. (See prior related posting.)

Amish Dairy Farmers Do Not Appreciate Help In Complying With ID Law

As reported previously, some Amish dairy farmers in Wisconsin have religious objections to participating in the state’s new "premise ID" law requiring them to register with the state and get an identification number for their farm. Now, according to last week's Vernon Broadcaster, it turns out that a number of Vernon County Amish farmers were assigned ID numbers without their knowledge. The creamery that buys milk from many of the Amish farms thought it could be helpful by giving the state information so ID numbers could be assigned. The creamery board thought that assigning ID numbers secretly would avoid religious conflicts for the farmers. But many of the farmers found out that they had been given IDs and now want to know how to get rid of them. Apparently the only way is to sell off all livestock, apply for a revocation, and then repurchase the animals. Meanwhile, discussions are proceeding on other possible solutions.

NJ Court Rejects Hindu Temple's Zoning Challenge

In Hindu Temple & Cultural Society v. Town of Bridgewater, (NJ Super., April 25, 2007), a New Jersey trial court upheld the Bridgewater Township Zoning Board of Adjustment's denial of certain requested zoning variances for a Hindu Temple that wanted to expand its cultural center and build an apartment-style building to house priests. The court decided that the Board's denial of the variances was not arbitrary, capricious or unreasonable and so did not violate New Jersey's Municipal Land Use Law. The court also rejected claims that bias against Hindus affected the Board’s decision. However claims under the federal Religious Land Use and Institutionalized Persons Act remain to be adjudicated in the case. Friday’s Bridgewater Courier News reported on the judge’s decision.

Turkish Army Threatens to Act To Protect Secularism

On Friday in Turkey, the ruling Justice and Development Party's candidate, Foreign Minister Abdullah Gul, failed to win a first-ballot victory in the Parliamentary balloting for president because of a boycott by opposition legislators. Gul's party has Islamist roots. Secularists, including the military, fear that Gul's election will undermine Turkey’s secular tradition. (Associated Press). In a statement issued Saturday, the Turkish Army threatened to act to defend the country's traditional separation of state and religion, decrying attempts to redefine the Turkey's fundamental values. BBC News carries a background piece on secularism in Turkey.

South Carolina Bill Would Suggest Acceptable Governmental Prayers

In the South Carolina legislature last Thursday, a subcommittee approved and referred to the full Senate Judiciary Committee S. 638, the South Carolina Public Prayer and Invocation Act. The State reports that the bill is intended to give guidance to state and local governmental bodies on constitutionally permissible ways to open their sessions with prayer. It provides for voluntary invocations (1) by members of a council or board on a regular and objective rotating basis; (2) by a chaplain elected by the board or commission; or (3) by individuals chosen on an objective and rotating basis from "a wide pool of the religious leaders serving established religious congregations in the local community". The bill sets out language that must be included in invitations to clergy where this option is chosen. Letters to them must say that while the individual can pray according to the dictates or his conscience, the prayer cannot proselytize, or advance or disparage any particular religion.

Title VII Accommodation May Respect Union Agreement

Earlier this week, Law.com carried an article discussing the interaction between collective bargaining agreements and an employer's obligation under Title VII of the 1964 Civil rights Act to reasonably accommodate an employee’s religious practices. The article focuses on the decision last month in Stolley v. Lockheed Martin Aeronautics Co., (5th Cir. Mar. 28, 2007). In it, the U.S. 5th Circuit Court of Appeals held that an employer need not deviate from the terms of a collective bargaining agreement in order to accommodate an employee who refuses to work on his Sabbath. [Thanks to Steven H. Sholk for the lead.]

City's Honoring Dalai Lama Challenged On Church-State Grounds

In Madison, Wisconsin, the Freedom From Religion Foundation is objecting to a decision by a city-county committee to permit the Tibetan flag to fly over City Hall during the May 2-4 visit to the city of the Dalai Lama. Racine's Journal Times today quotes Dan Barker, co-president of the group, who said: "To use the seat of our municipal government to honor a religious leader we think crosses the line of state-church separation. If the pope comes to Madison, are we going to put up the flag of Vatican City?"

Does Canadian Zoning Decision Improperly Impose Definition of A Church?

A decision by Vancouver, British Columbia's Planning Department has raised an interesting church-state issue, according to Canadian Christianity yesterday. The city says that the Tenth Avenue Christian Missionary Alliance church needs a social services permit to operate a drop-in lunch program and two programs that allow homeless to sleep overnight in the church building. A conditional permit was granted in 2005. It requires the church to keep records, report and patrol the surrounding neighborhood. The church has been operating under that permit, but now an activist, Bill Chu, is raising questions about the need for the permit. He argues that the city has essentially defined a "church" by determining that the social service activities here go beyond the normally expected uses of a church. He says that this definition is inconsistent with the fundamental nature of Christianity. Chu has called together Christian, Jewish and Sikh religious leaders in Vancouver to urge them to join in protesting the city's ruling.

House Judiciary Committee Approves Hate Crimes Bill After Rejecting Proposed Amendments

The House Judiciary Committee met yesterday to mark up H.R. 1592, the Local Law Enforcement Hate Crimes Prevention Act of 2007. A major purpose of the bill is to add to the definition of hate crimes those motivated by the victim's sexual orientation, gender identity or disability. (See prior postings 1, 2.) Numerous amendments suggested in committee were defeated. Among the amendments rejected was one proposed by Indiana Representative Mike Pence providing: "Nothing in this section limits the religious freedom of any person or group under the constitution." This amendment was aimed at the concern expressed by some conservative Christians-- and said by proponents to be unfounded-- that the bill could be used to chill religiously-based criticism of gays and lesbians. Proposals to add unborn and partially born babies as protected classes under the Act also were rejected. Details of the committee's lengthy session are reported in articles by Baptist Press, the Traditional Values Coalition and LifeSiteNews. A video of the mark-up session is available on the Judiciary Committee's website.

After the Judiciary Committee's 10-hour session, the bill passed the committee by a vote of 20-14. A statement by committee Chairman John Conyers Jr. pointed out that the bill is has 137 cosponsors and is supported by more than 230 civil rights, education, religious, and civic organizations. Other provisions in the bill provide assistance to state and local law enforcement agencies in investigating and prosecuting violent hate crimes.

NY County Enacts "Symbolic" Ban on Racial and Religious Epithets

By a vote of 15-2, on March 20 the Rockland County, New York legislature passed a Resolution declaring "a symbolic elimination of the use of the 'N' word and all derogatory words which may be offensive to any group in Rockland County". The introductory clauses in the resolution make it clear that it is also intended to extend to words that reference various religions in a derogatory manner. (Minutes of meeting.) The resolution has become law without the signature of County Executive Scott Vanderhoef, according to a report yesterday in Newsday. In a statement issued yesterday, Vanderhoef said that education rather than regulation of speech would be a better approach to eliminating offensive words. Similar resolutions have been approved by New York City, Westchester County and Nyack.

Pakistan Bans Satirical Play About the Burqa

Pakistan's Culture Minister, Ghazi Gulab Jamal, has banned the Ajoka Theater from performing the satirical play Burqa Vaganza in other cities now that its run in Lahore has ended. The Middle East Times yesterday reported that the action was taken after Islamist members of Parliament complained that the play ridicules the burqa, traditionally worn by Muslim women. The Culture Minister said that the play ridicules Pakistan's cultural values. India's Tribune News Service describes the play as "a spoof on the clerics who run their business by fuelling the politics of 'hijab'. "

Proposed Jackson-Vanik Repeal Splits Chabad Movement

In 1975, in an attempt to pressure the Soviet Union into allowing free emigration of Soviet Jews, the U.S. Congress passed the Jackson-Vanik Amendment. It denied most-favored nation trading status to nations with non-market economies that restricted free emigration. Russia's current government would like the U.S. to repeal the law, and the Chabad-Lubavitch movement in Russia has begun a campaign to encourage repeal, according to today's Forward. Chabad is the largest Jewish organization in Russia, and it has close ties with the government. However when House Foreign Affairs Committee Chairman Tom Lantos announced his support for repeal, he was besieged by rabbis from the U.S. wing of the Chabad movement that opposes repeal until the Russian government returns a Chabad library that was seized by the Soviets after World War II. Rabbi Boruch Gorin, a spokesman for the Moscow-based Federation of Jewish Communities said that American Chabad would more likely be successful in obtaining return of the library by being conciliatory toward Moscow, instead of using tactics that are perceived as blackmail. (See prior related posting.)

CT Senate Passes Rape Victim Bill Over Objections Of Catholic Conference

Despite continued objections by the Catholic Church, the Connecticut Senate on Wednesday approved by a vote of 32-3 Senate Bill 1343, the Compassionate Care For Victims of Sexual Assault bill. It would require all Connecticut hospitals to provide the Plan B emergency contraceptive to rape victims. North-Central Connecticut's Journal Inquirer reports that provisions were added to the bill in an unsuccessful attempt to gain support of Catholic hospitals. Hospitals could hire an outside physician to administer Plan B. In a letter to legislative leaders, the Connecticut Catholic Conference said that hiring someone outside of regular staff would not eliminate Catholic moral concerns where Plan B would act as an abortifacient (impeding implantation of a fertilized ovum rather than just preventing ovulation). The bill now goes to Connecticut's House of Representatives where there appear to be enough votes to also pass it. (See prior related posting.)

UPDATE: On May 2, the House of Representatives passed the bill by a vote of 113-36, and, according to the Hartford Courant, it is expected that Governor M. Jodi Rell will sign it. House Speaker James Amann said he is still open to a future compromise with the Catholic Church, such as legislation that would permit the hospital to rent out space, at a nominal rental, to a private provider of services for sexual assault victims.

Egyptian Court Refuses To Issue New ID Cards To Reconverted Coptics

In Egypt, a Cairo court has refused to order the Ministry of Interior to issue new identity documents to ten Coptic Christians who converted to Islam and then decided to return to their original Coptic faith. They were reconverted in a public ceremony. AKI yesterday reported that the individuals will remain identified as Muslims on their identification cards. The Interior Ministry ruled that under Islamic law, it is impossible to renounce the Muslim faith. The court said it was unable to "to see into the depths of the heart" of the petitioners.

Jewish Caucus Formed In Germany's SDP-- A First Since Nazi Times

In Germany, a Jewish caucus has been set up within the country's Social Democratic Party. Haaretz today says that this is the first Jewish organization in a major German political party since the Nazi takeover of Germany in 1933. The Caucus of Jewish Social Democrats was founded by Peter Feldmann, a member of Frankfurt's city council and Sergey Lagodinsky, a Berlin law professor. The new group will be active on policies regarding Israel and the Middle East, and on questions of Jewish immigration into Germany.

Yeltsin's Funeral and Church-State Relations In Russia Today

In Russia yesterday, a traditional Orthodox Christian funeral service was held for the country's former president, Boris Yeltsin. The service, attended by dignitaries from around the world, was held in Christ the Savior Cathedral-- a church reconstructed with Yeltsin's approval while he was president. (New York Times). However, according to Interfax today, two Russian human rights groups and a Moscow group representing atheists protested the funeral as a violation of Russia's constitution. They said that Yeltsin should have been buried primarily with a civil ceremony, arguing that the exclusively Orthodox ecclesiastical ritual violated the rights of those holding other religious convictions. The press secretary for the Orthodox Moscow Patriarchate dismissed the complaint, saying: "When God wishes to punish somebody, He deprives them of their senses."

Meanwhile, Forum 18 today published a broad overview of the state of religious freedom in Russia. The detailed report is worth reading in full. Forum 18 summarizes its findings as follows:

Senior Russian state representatives ... continue to project an image of supporting "traditional religions" such as the Russian Orthodox Church.... But this does not translate into day-to-day decision making, as religious affairs are a low national priority. Decisions are normally made at a low level, so the religious freedom situation varies even between towns. One exception is support by senior state representatives for religious leaders who endorse them.... Legal discrimination is rare.... and where it exists does not completely halt religious activity. So-called "telephone law" and blocking some foreign religious workers have been the main sources of religious freedom violations. Acquiring or retaining worship buildings is a major problem.... Widening the legal definition of terrorism and extremism is a particularly concern for Muslims.

Anti-SLAPP Motion Not Available In Suit Challenging Free Exercise of Religion

California's anti-SLAPP statute (Code Civ. Proc., § 425.16) is designed to protect individuals who speak out on public issues from having their voices chilled through costly legal challenges. The law permits a special motion to strike a complaint in a frivolous suit arising from an act "in furtherance of the person's right of petition or free speech ... in connection with a public issue". In Castillo v. Pacheco, (CA Ct. App. 2d Dist, April 25, 2007), a California appellate court, in a case of first impression, held that the anti-SLAPP law does not apply to a suit arising from an act of a person in furtherance of the person's right of free exercise of religion.

In the case, plaintiffs, the Castillos, had sued their neighbors, the Pachecos, alleging they were committing a nuisance by lighting large ceremonial outdoor open fires in their backyard. The Pachecos said that the fire was the core element of a religious Native American sweat lodge ritual, and filed an anti-SLAPP motion to dismiss the nuisance suit. Dismissing the motion, the court rejected "the Pachecos' attempt attempt to conflate the right of free speech and the right of free exercise of religion for purposes of application of the anti-SLAPP statute."

Judge Sets Low Bond For Defendant Who Knows His Bible

Should a defendant's knowledge of religious texts be relevant to his treatment in the criminal justice system? Yesterday's Cincinnati (OH) Enquirer reported that in Hamilton County's Municipal Court, Judge John Burlew released on low bond a defendant accused of using a stolen credit card. Defendant Eric Hine's attorney argued that his client was a churchgoer who is employed full time. The judge, skeptical of the claim, asked Hine to recite the 23rd Psalm. After Hine got the first verse right, the judge told him that he would let him out of jail if he could recite the entire psalm. Hine did, and Judge Burlew kept his word, releasing Hine on a $10,000 unsecured appearance bond.

UPDATE: WCPO reports that Eric Hine was back in jail on Friday on different charges. Meanwhile Judge John Burlew defended his actions as merely testing whether Hine's attorney was being accurate when he told the judge that Hine was a Christian.

High Priestess' Grave Robbing Conviction Reversed On Evidentiary Grounds

In State of New Jersey v. Miraballes, (NJ App Div, April 25, 2007), a New Jersey appellate court ordered a new trial for Miriam Miraballes who had been sentenced to prison for recruiting others to steal human remains for her from several cemeteries in Newark. She planned to use the remains in rituals associated with the religion known as Palo Mayombe. Miraballes was alleged to be a "high priestess of the religion. The court found that a lengthy hypothetical question asked of an expert witness was improper. Secondly, it found improper a question that led the expert witness to opine that "a high ... priestess will not testify to the truth of their true involvement in the religion and what the religion really is." The court said that this "put defendant in a position where before she ever testified - which she did not - she was labeled as untruthful." Am New York yesterday reporting on the court's decision said that the prosecution will appeal to the state's supreme court.

Audio of Sekulow-Weinstein Debate At AF Academy Available

On Tuesday, the U.S. Air Force Academy hosted a debate between Mikey Weinstein, head of the Military Religious Freedom Foundation who is leading the opposition to proselytizing in the military, and Jay Sekulow, chief counsel of the American Center for Law and Justice who supports the right of military chaplains to pray in Jesus' name. The debate was described by the Colorado Springs Gazette as surprisingly cordial. KRCC Colorado Springs has posted an audio recording of the entire debate. [Thanks to Melissa Rogers for the lead.]