Alito Calls For Continued Religious Tolerance In U.S.

U.S. Supreme Court Justice Samuel Alito used his appearance as commencement speaker at Seton Hall University Law School on Friday to make a plea for continued religious tolerance in the United States, in the face of growing intolerance around the world. He emphasized the importance of Article VI of the U.S. Constitution that bars any religious test for federal office, saying we must not return to a time when it was felt that people of some faiths were unfit for public office. The Associated Press reported on the speech. Alito taught as an adjunct faculty member at Seton Hall from 1999 to 2004. (Seton Hall press release.)

RLUIPA Suit Challenges Florida City's Zoning Law As Discriminatory

The South Florida Sun-Sentinel reports that a suit under RLUIPA filed Friday in a Florida federal district court challenges Cooper City, Florida's ban on locating houses of worship in commercial areas. Brought by Chabad of Nova , the suit alleges that the city's zoning laws illegally discriminate against religious organizations. Chabad says the city is attempting to protect its tax base by keeping tax-exempt houses of worship out of commercial areas. For 30 years, the city kept houses of worship in the western, agriculturally zoned area of the city. Last October, it amended its law to allow houses of worship in office parks and recreational facilities, but it still bans them from commercial areas where new congregations often like to find store fronts in which to locate.

Recent Prisoner Free Exercise Decisions In District and Circuit Courts

In Boles v. Neet, (10th Cir., May 24, 2007), the U.S. 10th Circuit Court of Appeals refused to dismiss a suit filed against the warden of a Colorado correctional facility by an Orthodox Jewish prisoner who was kept from leaving the facility for eye surgery because he insisted on wearing his yarmulke and tallit katan. The court said that plaintiff adequately demonstrated that prison authorities substantially burdened his sincerely held religious beliefs, and defendant made no showing of penological interests justifying the restriction. The warden has claimed qualified immunity as a defense.

In Harris v. N.C.P. Dept, 2007 U.S. Dist. LEXIS 37902 (ED NY, May 24, 2007), a New York federal district court held that a prisoner's pro se complaint, liberally construed, may raise a legitimate free exercise claim. Plaintiff claimed he was denied food on one or more occasions because he failed to interrupt his prayers when directed to do so by correctional officers.

In Miller v. Sullivan, 2007 U.S. Dist. LEXIS 37318 (ED CA, May 8, 2007), a California federal Magistrate Judge dismissed, with leave to amend, a prisoner's free exercise claim because it did not allege the nature of the infringement of his religious activity nor what defendants had done to burden his free exercise.

In Livingston v. Griffin, 2007 U.S. Dist. LEXIS 36941 (ND NY, May 21, 2007), a Rastafarian prisoner won a partial victory in his claims that his free exercise rights had been violated by prison authorities. The court rejected his claim that his religious beliefs were substantially burdened when authorities attempted to force him to be handcuffed to, and sit for several hours beside, another inmate who he believed to be a homosexual or transsexual. However the court allowed plaintiff to proceed with his claim that he was wrongfully denied alternative religious meals by prison officials.

In El-Tabech v. Clarke, 2007 U.S. Dist. LEXIS 36719 (D NE, May 18, 2007), a Muslim prisoner filed a claims under the First Amendment and RLUIPA alleging that "his religion requires that he adhere to a Halal diet: eating only permitted kosher food". A Nebraska federal district court refused to grant defendants' motion for summary judgment, finding that genuine issues of material fact exist concerning the allegations of cost and security in affording plaintiff a kosher diet. It similarly allowed plaintiff to proceed with his claims that his religious beliefs require additional showers and adherence to a prayer schedule.

In Dicks v. Binding Together, Inc., 2007 U.S. Dist. LEXIS 36615 (SD NY, May 18, 2007), a New York federal district court allowed an inmate in a work release program to move ahead with his Free Exercise and state law challenges to the refusal by authorities to grant him a pass to attend Pentecostal church services.

In Stewart v. Canteen Food Services, 2007 U.S. Dist. LEXIS 36396 (D AZ, May 16, 2007), an Arizona federal district judge refused to grant a motion by defendant to reconsider an earlier decision permitting a prisoner to move ahead with a free exercise claim that he was not consistently served a lacto-vegetarian diet. It also refused to grant plaintiff's motion to re-instate certain of his claims that had been previously dismissed.

Free Execise Challenge to Sex-Offender Treatment Rejected By Court

In Washington State v. Shaughnessy, (WA Ct. App., May 22, 2007), a Washington state appellate court rejected a claim by a convicted sexual offender, whose supsended sentence was revoked, that his free exercise rights protected by the state constitution had been violated. James Shaughnessy had been sentenced to complete three years in sex-offender treatment, along with other restrictions, as a condition of the suspended sentence. After completing only a few sessions, Shaughnessy fled to Mexico. When he was finally sent back to the U.S., he claimed that the only reason he had fled was that his treatment provider would not let him bring a Bible to his treatment sessions and allowed him to attend church only if he avoided children there. The court held that the reason for revoking Shaughnessy's sentence was that he fled to Mexico. He could have gone to court to challenge the conditions imposed or could have requested a change in treatment providers. The court held that the state did not burden Shaughnessy's religious practices because the conduct he complained of came from his private treatment provider, and the court had not required that particular person be used.

Accommodating Muslim Prayer Is Growing Issue

Accommodation of Muslims who wish to take time at school or work to pray has become a growing issue. The U.S. Department of Justice reports in its May Newsletter, Religious Freedom in Focus, that earlier this month it settled a complaint by Muslim students in the Lewisville Texas Independent School District who wanted to use an empty classroom during lunch to pray. Under the settlement agreement, the school agreed that the Muslim students could use space in a common area outside the cafeteria for their mid-day prayers.

Meanwhile, in Omaha, Nebraska, 70 out of 120 Somali meatpacking workers have now returned to work after they quit their jobs because they were not given sufficient time off to pray at sundown. The company has agreed to accommodate workers as much as they can within the terms of the union contract. The Associated Press says that, as summer arrives, later sundowns may create problems, however. The company is concerned that they will need to completely close down production if too many workers are off the assembly line at the same time for prayer.

Kansas Legislature Passes Bill Urging Faith-Based Prisoner Re-Entry Programs

The Kansas House of Representatives and Senate this week have both passed HB2101, the Transformational Justice Act. The Act broadly encourages re-entry programs for prisoners to help then find jobs, housing and medical treatment upon release. However, the Act contains a number of provisions encouraging provision of these services by faith-based organizations. It directs the Transformational Interagency Task Force to seek partnerships with and communicate regularly with faith-based and community organizations. It also sets up a revolving fund for the Office of Faith-Based initiatives to use for grants to volunteer organizations including, but not limited to, faith-based organizations to provide health, educational or vocational training and programs that assist the reintegration efforts for offenders.

Reporting on the bill following House passage on Tuesday, the Associated Press quoted two representatives who are critical of the bill using state funds for faith-based programs. [Thanks to Blog from the Capital for the lead.]

Saudis Enforce Ban On Non-Muslims In Mecca

World Net Daily today reported on the continuing enforcement by Saudi Arabia of a ban on non-Muslims entering the city of Mecca and having access to the Grand Mosque. A Sri Lankan Christian, Nirosh Kamanda, came to Saudi Arabia to work as a truck driver, and secretly moved to Mecca to sell goods near the Grand Mosque. He was arrested after the Saudi Expatriates Monitoring Committee used a high-tech finger-print identification system to find him.

Alabama Supreme Court Remands Case On Inspecting Church Records

In Ex Parte Board of Trustees/ Directors and/or Deacons of Old Elam Baptist Church, 2007 Ala. LEXIS 92 (May 25, 2007), the Alabama Supreme Court issued a writ of mandamus directing a trial court to vacate its order permitting inspection of a church's business and financial records. A suit seeking the records was brought under provisions of the state’s non-profit corporation law that permits inspection of books and records by church members.

Defendants claim that plaintiffs are no longer members of the church, and so are not entitled to inspection. In face of the lawsuit by plaintiffs, the Church had amended its Standard Operating Procedures (SOP's) to provide that anyone who is a party to a lawsuit against the church or its leaders shall be removed from the membership rolls. The SOP's also provided that the pastor could place members on probation. However the court refused to totally dismiss the case and remanded it to the trial court for it to determine whether the SOP's are in fact the bylaws of the church, and, if they are, whether the relevant amendments to them on expulsion of members were properly adopted.

Justice See, dissenting in part, said that the First Amendment precludes civil courts from inquiring into ecclesiastical concerns of the Church. That includes inquiry on whether those acting on behalf of the Church had the authority to terminate plaintiffs' membership.

UPDATE: On Oct. 5 2007, the Alabama Supreme Court denied a petition for rehearing, with Justice Parker writing an opinion concurring specially in the denial. 2007 Ala. LEXIS 208.

ROTC Teaching Guide Challenged On Church-State Content

Friday's Forward reports that Mikey Weinstein, who has been battling with the military over religious discrimination and Christian proselytizing in the armed forces, now has a new target. He says that an educational guide distributed to high schools for use in the Junior ROTC program recommends that students read an excerpt from an article that questions the usual understanding of separation of church and state. The excerpt argues that Thomas Jefferson’s 1802 Letter to the Danbury Baptists was intended to only keep government out of religious affairs, and not keep religion out of government.

The article also reports that Weinstein is formulating a far-reaching litigation strategy for his Military Religious Freedom Foundation, and discusses Weinstein’s confrontational style that has led some organizations that might otherwise be his natural allies to tread cautiously.

Kansas AG Files Suit For Ruling On Anti-Funeral Demonstration Law

In March, the Kansas legislature passed a bill banning demonstrations within 150 feet of a funeral and allowing family members to sue demonstrators for defamation. However the bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. (See prior posting.) On Thursday, according to the Kansas City Star, Kansas Attorney General Paul Morrison filed the required suit in the Kansas Supreme Court. Like many other states, Kansas aimed its law at pickets from the Westboro Baptist Church known for picketing veterans’ funerals with signs accusing America of harboring homosexuals.

Iowa State Coach Wants Football Team Chaplain; Faculty Object

Iowa State University's football coach, Gene Chizik, wants to hire an official chaplain for the team, to be paid for from private donations, according to reports from the AP and the Iowa State Daily. Chizik says student athletes are under a great deal of pressure and need access to spiritual guidance. Dave Turnball, area director for the Iowa Fellowship of Christian Athletes, reportedly has begun raising funds to support the idea. However, over 100 ISU faculty members have signed a petition opposing the plan. They say it is improper for a public university to hire a chaplain, and that the proposal under consideration favors Christianity over other religions.

Masachusetts High Court Dismisses Challenge To Catholic Church Closing

In Maffei v. Roman Catholic Archbishop of Boston, (MA Sup. Jud. Ct., May 25, 2007), the Massachusetts Supreme Judicial Court dismissed a challenge to the decision of the Archdiocese of Boston to close and sell off St. James Church in Wellesley. St. James was built on property donated to the Archdiocese by the Maffei family. Plaintiffs claim the Archdiocese had agreed that St. James would be maintained in perpetuity in honor of Waldo Maffei's father, and if not the property would revert to the Maffeis. Another plaintiff sued to recover donations made to St. James before it closed. They all claimed that the Archdiocese should have informed them that under Canon Law the church could be closed at a future time. The Court held that insofar as the plaintiffs' claims are based on alleged fiduciary or confidential relationship between a clergyman and his congregants, they raise matters of internal church governance that the First Amendment precludes civil courts from deciding. Other claims in the suit, the Court said, are not supported by the evidence. WCVB-TV today reported on the decision.

Canadian Court Rules No Religious Limits To Run For Catholic School Board Trustee

In Canada's Northwest Territories, the Supreme Court has ruled the Yellowkinife Catholic school board that operates state-supported religious schools may not prevent non-Catholics from running in school board trustee elections. In Yellowknife Catholic Schools v. Euchner, (NWT Sup. Ct., May 23, 2007), the court, reviewing at length the statutory provisions on denominational schools, held that "it was the clear intention of the legislature that a candidate for election to the public denominational District Education Authority need not be of any particular religious faith." CBC News yesterday reported on the decision.

Bills On Religion In Schools Advance In Texas Legislature

On Wednesday, the Texas Senate passed, and sent to the governor for his signature, HB 1287 which authorizes high schools to offer elective courses on the impact on history and literature of the Old and New Testaments. Texas Observer Blog says: "Despite Christian right efforts, the Senate did not remove the safeguards added to the bill by the House Public Education committee, such as teacher training, a textbook other than the Bible, and attorney general-approved curriculum standards." (See prior related posting.)

Meanwhile, the Texas Senate on Thursday also passed, and sent back to the House for final approval, HB3678, aimed at protecting voluntary student expression of religious viewpoints in public schools. (See prior related posting.) The Associated Press reports:

Under the legislation, religious beliefs expressed in homework, artwork and other assignments would be judged by traditional academic standards. Students couldn't be penalized or rewarded because of the religious content of their work.

The measure had sparked vigorous debate in the House, where the bill was amended to say that the religious expression could not discriminate against someone else’s race, age, sexual preference or religious belief.

UPDATE: The Dallas Morning News reported on Sunday that when HB 3678 was passed by the Texas Senate, it took out the non-discrimination provision that had been added by the House, and that the House on Saturday, by a vote of 108-28, approved the Senate version.

Court Limits Disclosure of FLDS Leader's Papers

The Associated Press reports that in Salt Lake City, Utah yesterday, a federal judge rejected arguments by Warren Jeffs, former head of the polygamous FLDS Church, that his papers, seized by prosecutors, should be kept secret because they contain private communications and recorded religious revelations. Jeffs had argued that disclosing them violated his free exercise rights as well as his rights under the Religious Freedom Restoration Act. However the judge ordered prosecutors to return the papers to Jeffs by July 2, and not to share them with anyone, including attorneys for the trust that now holds FLDS property and which is suing Jeffs.

Schools Reject Religious Groups In Seeking Church-State Balance

Two different stories this week demonstrate the continued tension that public schools find in seeking an appropriate balance on church-state matters. A Farmington, Michigan high school student has filed suit challenging school officials' refusal to permit ALIVE, a Christian Bible group, to be recognized as an official student organization. Assistant Superintendent Catherine Cost, said that school rules preclude recognition because the Bible group does not have a secular purpose and is too religious to be officially recognized. Officials were willing to let the group meet in an empty classroom, without formal recognition; however this would mean that the group would not get other benefits available to recognized organizations. Representing the student, the Thomas More Law Center argues that the federal Equal Access Act requires that ALIVE be recognized on the same basis as other non-curricular groups. Today's Philadelphia Evening Bulletin reports on the case.

Meanwhile yesterday's Houston Chronicle reports that a Christian motivational group, Power Team, finds that some public schools are cancelling its scheduled performances because of the group's evangelical ties. Power Team representatives say they do not mention religion in their public school performances. Their shows emphasize the importance of valuing life and dressing appropriately, as the group preaches against drugs and suicide.

North Carolina Court Rules Quran OK For Swearing-In Witnesses, Jurors

In North Carolina today, a Wake County Superior Court judge held that witnesses and jurors may be sworn in on the text "most sacred and obligatory upon their conscience." The case was filed by the ACLU after two judges in Guilford County said that state law prohibited taking the oath on the Quran. (See prior postings 1, 2, 3.) In today's opinion, the judge cited common law and state Supreme Court precedent. The Associated Press says that the judge did not find the state statute unconstitutional that provides for the use of the "Holy Scriptures" as one way to take an oath. Nor did he hold that the term "Holy Scriptures" includes the Quran.

UPDATE: Here is the full opinion in ACLU of North Carolina v. State of North Carolina, (Super. Ct Wake Co NC, May 24, 2007). The court relied extensively on an 1856 North Carolina Supreme Court case as well as language in the state's Rules of Evidence.

Christian Protester May Not Demonstrate On Handicap Access Ramp

After holding earlier this month that plaintiff’s case was a thin one, a Pennsylvania federal district court has now refused to grant a preliminary injunction to a Christian pro-life advocate who claimed that his free speech, freedom of assembly and free exercise rights were violated when a police officer threatened to arrest him if he insisted on protesting on the handicap access ramp that led into a Planned Parenthood clinic. In McTernan v. City of York, 2007 U.S. Dist. LEXIS 36907 (MD PA, May 21, 2007), the court held that the handicap access ramp is not a public forum. Instead, like the Post Office sidewalk at issue in the Supreme Court case of United States v. Kokinda, it is a non-public forum, and the police order was reasonable since demonstrators would have impeded the required accessibility the ramp was to offer.

Vatican-Israel Talks On Church Property, Status Resume

The Los Angeles Times reports that on Monday, Israel and the Vatican resumed long-stalled negotiations over church property, taxes and the status of the Church in Israel. The meeting of the Israel-Holy See Bilateral Commission took place in Rome. (See prior related postings 1, 2.) Both sides said that the meetings were cordial and important progress was made; however significant disagreements remain to be worked out in future talks. The parties agreed to meet again in Jerusalem before the end of the year.

Southern Illinois University Settles Suit With Christian Legal Society

The Associated Press reported yesterday that Southern Illinois University has agreed to settle a lawsuit against it by again recognizing the Christian Legal Society as an official student group. In 2005, the University revoked CLS’s status as a recognized student group because it violated the University’s non-discrimination policy. CLS requires that its members agree to follow a statement of Christian faith. This results in exclusion from voting membership of non-Christians and of active gays and lesbians. Last year, the U.S. 7th Circuit Court of Appeals granted a preliminary injunction restoring CLS’s recognition pending the outcome of an appeal before the court. (See prior posting). As part of the settlement announced this week (full text), the University will create a $10,000 scholarship that will be administered by CLS.

Religious Groups Testify On Immigration Reform Proposals

On Tuesday, the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, in hearings on comprehensive immigration reform, heard testimony from a panel of eight representatives of various religious and faith-based organizations. They expressed varied views on legislative proposals currently before Congress. The full text of the statements of each of the witnesses is available at the Judiciary Committee’s website.

Reporting on the hearings, the Gospel Herald says that evangelical leaders were particularly concerned that proposed revisions restrict family reunification by lowering the number of visas for various family members of US citizens and legal residents.

Louisiana School Board Invocation Case Heard By En Banc 5th Circuit

Today, the U.S. 5th Circuit Court of Appeals, sitting en banc, heard arguments in Doe v. Tangipahoa Parish School Board. All 15 judges are reviewing a split decision of a 3-judge panel on the proper test to be used in deciding whether school board meetings can be opened with sectarian prayers. (See prior posting.) The AP reported the courtroom was so full today that part of a group of home school students who hoped to watch had to remain in the hall outside. Much of the argument focused on whether plaintiffs had actually attended the Tangipahoa Parish Louisiana school board meetings, and whether it mattered if they did not. Alliance Defense Fund attorney Mike Johnson, representing the school board, was stumped by one question asked by Judge E. Grady Jolly: "How many non-Christian churches are there in Tangipahoa?"

New Zealand Bishops In Court Challenging "South Park" Episode

Today's Dominion Post reports that the New Zealand Catholic Bishops Conference has filed an appeal in the High Court at Wellington seeking reversal of a June 2006 decision (full text) by the New Zealand Broadcasting Standards Authority. The Authority rejected a challenge to CanWest TVWorks' televising last year of an offensive episode of the adult cartoon show, South Park. The show, mainly about an alcoholic's struggle to stay sober, contained one scene-- the so-called "Bloody Mary" episode-- showing the Pope being squirted with menstrual blood from a statue of the Virgin Mary.

Arizona Religious Land Use Case Settled

A settlement has been reached in a lawsuit in which SonRise Community Church was challenging the denial to it by Scottsdale Arizona's City Council of a permit to build a religious school next to its existing church. The compromise limits enrollment in the school to 200 and splits the proposed large building into two smaller ones. Reporting on the settlement, today's East Valley Tribune says that Council approved the new arrangements by a vote of 5-2. (See prior related posting.)

Punjab Sikhs Strike In Protest Against Insult to Historic Guru

In the Indian state of Punjab-- the only Indian state whose population is majority Sikh-- schools and businesses are shut down as thousands of Sikhs protest actions of the leader of the Dera Sacha Sauda organization who posed for newspaper ads dressed as a revered 17th century Sikh guru, Gobind Singh. Voice of America today reports that Punjab's political leadership has joined Sikh religious leaders in calling for an apology from Gurmeet Ram Rahim Singh. Asia News says that yesterday the DSS asked India's President A P J Abdul Kalam and Prime Minister Manmohan Singh to mediate the dispute, while thousands of soldiers and police have been deployed to protect DSS campuses from violence by outraged Sikhs.

Expert on Museums Reviews the New "Creation Museum"

Last week's Chronicle of Higher Education carries a fascinating look at the new $27 million Creation Museum in Petersburg, Kentucky. The museum's theme is the literal truth of the Biblical Genesis narrative. (See prior posting.) The Chronicle article titled Dinosaurs on the Ark? is written by Stephen T. Asma, a professor of philosophy at Columbia College Chicago. Asma visited the museum and interviewed its director Ken A. Ham. Prof. Asma writes that Ham did not miss a beat in answering his surreal question about what dinosaurs on Noah's ark ate. Prof. Asma, who has written an Oxford University Press book on the culture and evolution of natural history museums, says that his sense of humor about the new museum fades when he thinks of the young children who will visit it without the tools for critically assessing its displays. The full article is well worth the time to read.

Report To India's PM Says "Scheduled Caste" Should Be Delinked From Religion

In India, the National Commission for Linguistic and Religious Minorities yesterday submitted a report to Prime Minister Minister Manmohan Singh suggesting that India's Constitution (Scheduled Castes) Order 1950 be amended to delink "scheduled caste" status from religious affiliation. Today's Times of India says the report concludes that caste is totally a social concept in India. Currently, only Hindus, Buddhists and Sikhs may claim the benefits of scheduled caste status. The Commission has also recommended that a change in religion should not adversely affect the scheduled caste status of a person.

Trial Begins On Property Rights of Break-Away Virginia Episcopal Churches

In Fairfax County, Virginia today, the trial opens in the suit by the Episcopal Church and its Diocese of Virginia against eleven break-away churches now governed by the Anglican District of Virginia. (See prior posting.) The main issue is ownership of church property. A secondary issue is the right of members who remain loyal to the Episcopal Church to hold their own separate services on church property. Yesterday's Washington Times reports that the case involves two dozen lawyers. Originally an agreement had been worked out under which the Episcopal Church would appoint a property commission to decide how much each church would need to pay to break off and retain its property. However, in January, apparently ignoring these negotiations, the Diocese filed suit against the 11 churches.

Falwell Funeral Today As Public Figures Decide Whether To Attend

Rev. Jerry Falwell's funeral will be held today at 1:00 pm at Thomas Road Baptist Church in Lynchburg, Virginia. It can be viewed online live at this link. There have been some interesting developments on who will and who will not be attending the Memorial Service. Among Republican presidential candidates, neither John McCain nor Rudy Giuliani will be at the funeral. (AP).

Because of the strong support that Falwell showed for the state of Israel, the Israeli Embassy in Washington will send a representative, though it has had some logistical problems in finding the appropriate person. Tonight begins the Jewish holiday of Shavuot, and it would be impossible to get back to Israel after the funeral in time for the start of the festival. However, Rabbi Yechiel Eckstein, president of the International Fellowship and Christians and Jews, will travel from Jerusalem to represent Israel. (Rosner's Blog, eMediaWire).

Less welcome at the funeral will be protesters representing the anti-gay Westboro Baptist Church, known for picketing funerals of American veterans killed in Iraq and Afghanistan. The small church, led by Rev. Fred Phelps, has a number of attacks against Falwell posted on its website. It considers him too tolerant of diversity-- though says that in much less circumspect language. (Fox News.).

Limited Discovery Ordered On Religious Affiliation of School

Saying that "a court walks on dangerous ground when it allows inquiry into the content of religious belief", in Doe v. Abington Friends School, (ED PA, May 15, 2007), a Pennsylvania federal district court allowed limited discovery by plaintiffs seeking to force Abington Friends School to accommodate their son's disabilities. In the case, on remand from the 3rd Circuit, the school claims that it is exempt from the Americans With Disabilities Act as a religious organization, or entity controlled by a religious organization.

Cafeteria In Uganda's Parliament Will Eschew Pork

The Speaker of Uganda's Parliament has ordered the cafeteria in the Parliament building to stop serving pork, after protests by Muslim MPs. New Vision reported yesterday, however, that other members of Parliament have objected to the ban, saying their rights are being infringed.

National School Board Group Will Have Pro-Intelligent Design President

Today's New York Times reports that the next president of the National Association of State Boards of Education will be Kenneth R. Willard from Kansas. In 2005, as a member of the state school board in Kansas, Willard voted in favor of changing the state's science standards to include several challenges to the theory of evolution. (See prior posting.) Because Willard's only opponent for the NASBE presidency withdrew for personal reasons after the nomination period was closed, Willard's election seems assured. Some scientists opposed to teaching intelligent design are pressing for states to write in the name of Ohio businessman Sam Schloemer, now on Ohio's State Board of Education, for NASBE president-- but the organization's bylaws do not provide for write-ins. Meanwhile, Willard says the teaching of evolution is an issue that should be left to each state. He says NASBE focuses on "issues like advising state boards on how to deal with governance concerns or influxes of immigrant students or ways to raise academic achievement among members of disadvantaged groups." [Thanks to Dispatches from the Culture Wars for the lead.]

American Legion Works To Protect Religious Symbols On Memorials

CNS News reports that the American Legion is teaming up with the Alliance Defense Fund and the Liberty Legal Institute in an effort to preserve veterans' memorials that feature crosses and other religious symbols. The Legion has asked its members to inform it of memorials that contain religious symbols, so it can keep track of any legal challenges to them. The Legion will inform ADF and LLI challenges it discovers.

Court OK's Exclusion of Tuition Grants For Pervasively Sectarian Colleges

A Colorado federal district court on Friday upheld Colorado's exclusion of "pervasively sectarian institutions" from its tuition assistance programs for low-income students attending colleges and universities in the state. In Colorado Christian University v. Baker, (D CO, May, 18, 2007), the court rejected both free exercise and establishment clause attacks on the law. Relying largely on the Supreme Court's Locke v. Davey decision, the court applied a "rational basis" test to the free exercise claim. It found that the statutory exclusion furthers implementation of the prohibition in Art. IX, Sec. 7 of Colorado's state constitution barring state aid to any college or university controlled by any sectarian denomination. A press release by the University in response to the decision said that it believed that the decision would be overruled by the 10th Circuit.

Recent Articles of Interest

From SSRN [Revised]:
David E. Guinn, Naming the Whirlwind (Chap. 4 of Constantine's Standard: Religion, Violence, Politics, Law, & a Faith to Die For), (May 11, 2007).

David E. Guinn, The Many Faces of Violent Faith (Chap. 5 of Constantine's Standard: Religion, Violence, Politics, Law & a Faith to Die For), (May 11, 2007).

C. Scott Pryor, God's Bridle: John Calvin's Application of Natural Law, Journal of Law and Religion, (Vol. 22, 2006-2007).

Douglas G. Smith, The Constitutionality of Religious Symbolism After Mccreary and Van Orden, (Texas Review of Law & Politics, 2007).

Harry G. Hutchison, Shaming Kindergarteners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools, (Catholic University Law Review, Vol. 56, No. 2, pp. 361-400, Winter 2007).

From Bepress:
Sara S. Ruff., Nonreligion, Neutrality, and the Seventh Circuit's Mistake, (2007).

From SmartCILP:
Christopher F. Richardson, Islamic Finance Opportunities in the Oil and Gas Sector: An Introduction to an Emerging Field, 42 Texas International Law Journal 119-153 (2006).

Adrien Katherine Wing & Ozan O. Varol, Is Secularism Possible in a Majority-Muslim Country?: the Turkish Example, 42 Texas International Law Journal (2006).

John F. Scarpa Conference on Law, Politics and Culture. Articles by Avery Cardinal Dulles, S.J., Patrick McKinley Brennan, Richard W. Garnett and Amelia J. Uelmen. 52 Villanova Environmental Law Journal (2007).

In 2 Cases, Congregation Members Seek Court Ouster of Clergyman

Members of a mosque in Trenton, New Jersey filed suit last month, asking the court to oust the imam currently leading the mosque. The Trenton Times reported yesterday that founding members of the mosque allege that Imam Sabur Abdul Hakim has changed religious practices at the mosque. He and a small group of followers want the mosque to follow the rigid Salafi doctrine. Plaintiffs also say that Hakim appointed his son-in-law as "ameer" last August, without an election by the congregants. The suit seeks not only the removal of the Imam and the ameer, but also an accounting for mosque funds and a new election of trustees by congregation members.

Meanwhile, yesterday's Boston Globe reports on another legal fight to oust a clergyman. In Brocton, Massachusetts, a state Superior Court judge has issued a temporary injunction returning control of the First Baptist Church of Whitman to a group of congregants who are attempting to oust Rev. Michael Fernandez. The congregants are led by the former clerk of the church, Jean Porter. That group has voted in its own slate of church officers, restored the church's former bylaws and has voted to terminate Fernandez as pastor. They say that Fernandez never gained certification from the American Baptist Churches of Massachusetts, as required by the church's bylaws. The current situation arose when Fernandez decided to bring his growing former congregation from Holbrook to the church in Whitman whose membership was declining. However, the two congregations essentially continued to function separately, though Fernandez took control of the building, a bank account and the church's website. Now Fernandez says he will move his followers to Hanover instead of fighting the legal battle to stay at the Whitman church.

Two Interesting Tributes To Jerry Falwell

Today's Los Angeles Times publishes an unusual tribute to the late Rev. Jerry Falwell. It is from Hustler Magazine publisher Larry Flynt who won a Supreme Court victory over Falwell in 1988. In Hustler Magazine v. Falwell, (Sup. Ct., 1988), the Court rejected Falwell's attempt to collect damages from Flynt for libel and infliction of emotional distress caused by a parody advertisement depicting Falwell in a drunken incestuous rendezvous with his mother in an outhouse. Subsequently they became friends and went around the country debating morals and the First Amendment on college campuses. Flynt's tribute reads in part:

[T]he reverend and I had a lot in common. He was from Virginia, and I was from Kentucky. His father had been a bootlegger, and I had been one too in my 20s before I went into the Navy. We steered our conversations away from politics, but religion was within bounds. He wanted to save me and was determined to get me out of "the business."

My mother always told me that no matter how repugnant you find a person, when you meet them face to face you will always find something about them to like. The more I got to know Falwell, the more I began to see that his public portrayals were caricatures of himself. There was a dichotomy between the real Falwell and the one he showed the public.

He was definitely selling brimstone religion and would do anything to add another member to his mailing list. But in the end, I knew what he was selling, and he knew what I was selling, and we found a way to communicate.

A less surprising tribute came from former House speaker Newt Gingrich, appearing Saturday as commencement speaker at Falwell's Liberty University. (Washington Post). Gingrich told reporters: "Anybody on the left who hopes that when people like Reverend Falwell disappear, that the opportunity to convert all of America has gone with him fundamentally misunderstands why institutions like this were created."

UPDATE: Here is a transcript of Gingrich's commencement remarks.

Ohio Court Upholds Both Parents' Right To Influence Child's Religious Practies

In Holder v. Holder, (OH App., May 11, 2007), an Ohio appellate court rejected a custodial father's claim that the trial court should have ordered his former wife to refrain from taking their daughter to religious activities. The father, a Catholic, objected to the rigid restrictions imposed by his former wife's United Pentecostal Church. The majority opinion said that while the mother has the right to have their daughter participate in religious activities, it is the court's expectation that the mother will not continue to foster conflict and to attack he former husband's religious orientation by means of their daughter. A concurring judge said that he is convinced that the mother consistently places her religious obligations ahead of her child's best interests. However, he was unwilling to find that the trial court had committed a sufficient abuse of discretion to reverse its findings.

Recent Prisoner Free Exercise Decisions

In Robins v. Lamarque, 2007 U.S. Dist. LEXIS 34803 (ND CA, April 27, 2007), a California federal district court permitted a Muslim prisoner to proceed with a claim that during a period of over seven months, he was allowed to attend only one religious service.

In Van Patten v. Schmidt, 2007 U.S. Dist. LEXIS 35247 (ED WI, May 14, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his claim that his religious property had been confiscated and that he was prevented from practicing his religion while in jail.

In Piskanin v. Hammer, 2007 U.S. Dist. LEXIS 35177 (ED PA, April 26, 2007), a Pennsylvania federal district court rejected a prisoner's free exercise claim growing out of authorities' taking from plaintiff his "Miraculous Medal" when he was placed on suicide watch. He was unable to wear his Miraculous Medal necklace for about 30 days.

In Burke v. North Dakota Department of Correction and Rehabilitation, 2007 U.S. Dist. LEXIS 35733 (D ND, May 16, 2007), a North Dakota federal district court permitted a Hindu prisoner to proceed with free exercise and equal protection claims. The prisoner complained that he has been denied a "religious study day" similar to one given to Christian inmates, as well as access to ritual items such as camphor, kumkum, incense, and butter lamps. He also protests that the penitentiary chaplain refuses to recruit non-Christian volunteers to work with inmates.

In Metras v. Pollard, 2007 U.S. Dist. LEXIS 36015 (ED WI, May 16, 2007), a Wisconsin federal district court rejected a prisoner's free exercise claim, finding that the damaging of his rosary during a search of his cell did not restrict the exercise of his religious beliefs. Apparently the prison guard was testing the material in the rosary, and did not destroy it because of its religious nature.

In Hanley v. Merced County Sheriff's Department, 2007 U.S. Dist. LEXIS 36263 (ED CA, May 3, 2007), a California federal Magistrate Judge ruled that a prisoner's complaint alleging that he was not allowed to wear his cross did not adequately set out the relationship of the restriction to his free exercise of religion. The judge gave the prisoner 30 days to amend his complaint to allege that defendants substantially burdened the practice of a central tenet or belief of his religion by preventing him from engaging in conduct mandated by his faith.

China Restricts Saka Dawa Buddhist Rites For School Children

Phayul.com reported yesterday that Chinese authorities who control the Tibet Autonomous Region have taken steps to restict school children from participating in religious activities during the Buddhist holy month of Saka Dawa. The holy month began on May 17. The Lhasa City Committee told parents of school children that their children would be expelled from school if they visited monasteries were found circumambulating and wearing amulet thread during Saka Dawa. This year, a new law, Measures for the Regulation on Religious Affairs, entered into force in the Tibet region.

Georgia's Tax Exemption For Bibles and Religious Papers Held Unconstitutional

In Budlong v. Graham, 2007 U.S. Dist. LEXIS 36101 (ND GA, May 16, 2007), a Georgia federal district court struck down Georgia's sales and use tax exemptions for Bibles and other books recognized as holy scriptures, and for religious papers published by non-profit religious institutions. The court held that even if the state has a compelling interest in this content-based classification, the exemptions are not "narrowly tailored". It said: "If the purpose of the exemptions is to alleviate monetary burdens imposed on religious practice, the exemptions are significantly under-inclusive, failing to include the much broader range of religiously motivated retail activities currently subject to the tax." This, in the court's view, invalidates the exemptions under the Free Press clause of the First Amendment. Finding that basis for invalidity, the court declined to reach the Establishment Clause, due process and state constitutional challenges brought by plaintiff.

Ohio House Presses Its Guidelines For Invocations

Sessions in the Ohio House of Representatives regularly open with a prayer from an invited member of the clergy. The House has Guidelines for them: prayers should be non-denominational, non-sectarian and non-proselytizing, and they should avoid contentious subjects. They go on to provide: "In order to ensure that the above guidelines are met, we are asking that you submit a copy of your prepared remarks at least 72 hours prior to the session day for which you are scheduled. Failure to do so will prohibit you from delivering your prayer. If it is determined that the prayer is of a denominational, sectarian or proselytizing nature, we will ask for it to be changed to conform to the guidelines."

The Columbus Dispatch reported yesterday that House Clerk Laura Clemens has sent a memo to all House members saying that increasingly ministers are ignoring the guidelines. In particular their prayers are becoming more sectarian. Apparently the memo was sparked by an invocation several days ago in which Rev. Keith Hamblen, pastor of Lima, Ohio's Calvary Bible Church, referred to Jesus several times, spoke favorably of church-sponsored schools and mentioned bills up for debate that day, including a controversial proposal on regulating strip-clubs.

Raymond Vasvari, former legal director for the Ohio ACLU, said the House has a problem. If, in trying to assure that prayer is non-sectarian, it reviews invocations of invited ministers in advance, this is akin to an illegal prior restraint. [Thanks to Alliance Alert for the lead.]

Cross In Idaho County Seal Questioned

An op-ed yesterday in Sun Valley Online questions action taken in 2005 by the Canyon County, Idaho Commissioners. They adopted a redesigned county seal. Among the buildings, wildlife and farmland depicted on the seal is a church with a cross on top. Jenny Fultz, who designed the new seal, said: "I chose what I felt was one of the symbols that is most widely recognized as spirituality. When you see a cross you think of not just Christianity, but religion in general."

Conservative Group Issues Report On Muslim Charities In U.S.

Last month the conservative group, Judicial Watch, released a report titled Muslim Charities: Moderate Non-Profits or Elaborate Deceptions? The report claims that a number of these charities in the United States are front organizations for Islamic terrorist groups. [Thanks to today's Law Librarian Blog for the lead.]

ACLU Sues Louisiana School District Over Bible Distribution

The Louisiana chapter of the American Civil Liberties Union announced yesterday that it had filed yet another lawsuit against the Tangipahoa Parish School Board, this time to stop the Board from allowing the distribution of Gideon Bibles to students on school property during the school day. The suit was filed on behalf of a fifth grade student, identified only as Jane Roe, and her father. In the past 13 years, the ACLU has filed 5 other religious liberty lawsuits against the Tangipahoa Board. (See prior related posting.)

The complaint filed in federal court (full text) alleges that the student's teacher led the entire class out to the Gideons so they could each get a Bible, and that students were pressured by fear of being criticized or ridiculed into accepting a copy. The Associated Press, reporting on the lawsuit, quotes ACLU state director Joe Cook as saying that the teacher's actions disrespected parents rights to choose the religious tradition in which they wish to raise their children.

Canadian Appellate Court Upholds Hutterites Right To License Without Photo

In Hutterian Brethren of Wilson Colony v. Alberta, (Alberta Ct. App., May 17, 2007), an Alberta Court of Appeals , upholding a lower court decision, held that the refusal to issue Hutterites drivers' licenses without photos on them unjustifiably infringes their freedom of religion protected by Canada's Charter of Rights and Freedoms. Justice Slatter dissenting argued that the accommodation offered by the Province was sufficient. It had proposed issuing Hutterites an Operator’s Licence in a folder marked as property of the Province of Alberta so that Hutterites would never need to come into physical contact with the license. Also their photos would be placed in the Province's digital facial recognition database. Canadian Press yesterday reported on the decision.

Street Preachers Successfully Challenge City's Permit Ordinance

In World Wide Street Preachers' Fellowship v. City of Grand Rapids, 2007 U.S. Dist. LEXIS 35698 (WD MI, May 16, 2007), a Michigan court gave a partial victory to a Christian preacher who had been arrested for preaching loudly without a permit near a Pagan Pride Festival in a Grand Rapids, Michigan park. While the court upheld the city's breach-of-the peace ordinance, it granted a preliminary injunction against enforcing the its permit ordinance, finding that it is overbroad and not narrowly tailored. While the permit ordinance violated plaintiff's speech rights, it did not violate his free exercise rights.

Istanbul Authorities Limit Swimsuit Photo Displays

A new controversy between secularists and Islamists in Turkey is being reported by Pakistan's Daily Times. Recently the municipality of Istanbul ordered stores selling Turkish-manufactured Nelson swimsuits to get permission before displaying photos of models in swimsuits and bikinis on store front windows on main streets. The government then denied permission to four companies. Secularists say this is another attempt of Islamists to interfere in daily life of Turks. Istanbul's municipal planning department says the applications were denied because they were not in proper form.

Creationism Museum To Open; Generates Opposing Petition Campaign

A $27 million museum promoting creationism is set to open in Petersburg, Kentucky on May 28. The Campaign To Defend the Constitution is beginning a petition campaign on its website to oppose the Answers in Genesis Creation Museum. Def Con's petition argues that the museum attacks children’s basic understanding of fundamental scientific principles. Wednesday's Cincinnati Enquirer reports that museum defenders say that their critics should see the museum before they speak out against it.

More On Israel's Rabbinic Court Appointments Dispute

Religion Clause has followed the recent controversy in Israel over the appointment of 15 rabbinic court judges (see prior postings 1, 2, 3). These courts have jurisdiction over various status and family law matters. The Jerusalem Post reported on Wednesday that the Dayanim Election Committee has formally decided to annul the original appointments and to start the selection process over. Meanwhile, in another article, the JP reported that Justice Minister Daniel Friedmann defended his role in the matter before the Knesset Law Committee. However he also suggested that there should be changes in the law that would allow women to become religious court judges. This could only be done by changing the requirement that only rabbis can serve. Friedmann also said he would like to see litigants in the courts have an option of choosing a civil law alternative to Jewish religious law to govern their disputes if they wish.

Catholic House Members Criticize Pope's Statement

On Tuesday, The Hill reported that 18 Catholic Democratic members of the House of Representatives criticized remarks made last week by Pope Benedict XVI. The Pope, on his way to Brazil, suggested that he supports excommunication of legislators who support abortion rights. (See prior posting.) The Congressional members' May 10 statement (full text) said: "religious sanction in the political arena directly conflicts with our fundamental beliefs about the role and responsibility of democratic representatives in a pluralistic America – it also clashes with freedoms guaranteed in our Constitution. Such notions offend the very nature of the American experiment and do a great disservice to the centuries of good work the church has done."

Texas School District Sued Over Bible Curriculum

A lawsuit filed yesterday in a Texas federal district court on behalf of 8 parents of high school students challenges the constitutionality of a course in The Bible in History and Literature offered by two Odessa, Texas schools. The courses use the King James version of the Bible as a text. They follow the curriculum developed by the National Council on Bible Curriculum in Public Schools, after the school superintendent rejected an alternative curriculum developed by the Bible Literacy Project that is generally seen as more inclusive. (See prior posting and and an article from yesterday's Wall Street Journal.)

The complaint in Moreno v. Ector County Independent School District, (WD TX, filed May 16, 2007) (full text) alleges that the curriculum that was adopted promotes a particular religious interpretation of the Bible-- ignoring or dismissing other viewpoints-- and does not reflect current and reputable Biblical scholarship. It teaches the Bible as literal, historical truth and presents a religious interpretation of American history that does not reflect objective scholarly standards.

The suit was filed on behalf of the parents by the American Civil Liberties Union (press release) and People for the American Way (press release). ACLU lawyer Daniel Mach charged that the course "is about proselytizing one set of religious beliefs to the exclusion of others. Students who don't share those beliefs should not be treated as outsiders by their own schools." Also, he said that the course "requires students to give 'true' or 'false' answers to questions that are a matter of religious faith."

Can Children Use Peyote In Native American Religious Ceremonies?

While the use of peyote in Native American religious rituals may be protected by statute at the federal level and in many states, a family court in Leelanau County, Michigan faces a more difficult question. May Native American parents give their minor children peyote in religious ceremonies? Wednesday's Leelanau Enterprise discusses the case. The Leelanau county prosecutor is asking the court to take jurisdiction over five children who were given the hallucinogen after the Tribal Court of the Grand Traverse Band of Ottawa and Chippewa Indians failed to asset jurisdiction in the case. In a similar 2003 case, a Michigan family court judge ruled that a 4-year old could not ingest peyote, but that he could when he is fully aware of the implications, is physically and emotionally ready, and has the permission of both his parents.

Judge Lifts Temporary Ban; Lets Autopsy On Executed Prisoner Proceed

Lifting an earlier temporary injunction he had issued (see prior posting), a Tennessee federal district court judge has ruled that an autopsy can be performed on the body of executed prisoner Philip Workman. Workman, a Seventh Day Adventist, had requested on religious grounds that no autopsy be performed and that no chemicals or fluids be removed from his body. Judge Todd J. Campbell, however, ruled Tuesday that, while Workman's religious objections were sincere, the state has a "compelling interest in assessing the effects of the lethal injection protocol that has been the subject of widespread constitutional challenge in recent years." The Associated Press reporting on the ruling, says that the judge also ordered that no autopsy be performed until after May 24 in order to give Workman's family time to appeal the ruling.

UPDATE: Nashville's News Channel 5 reported on Thursday that Workman's family has reached an agreement with the state medical examiner to permit him to perform an autopsy on Workman, but in a way that is minimally invasive.

North Carolina Village Bans Sectarian Invocations

On Monday night, the Clemmons, North Carolina Village Council, by a vote of 3-2, followed the advice of its Village Attorney and voted to ban sectarian invocations at Council meetings. The new policy requires that invocations "be nonsectarian in nature, without reference to any particular religion, denomination or sect, nor to any symbol or deity thereof." Yesterday's Winston-Salem Journal reports that letters will be sent to local religious leaders to explain the policy and give examples of inappropriate references. This vote took place at the same time that the county commission of Forsyth County-- where Clemmons is located-- took a different route and approved a policy permitting sectarian prayer. (See prior posting.)

Moldova Rushes New Religion Law Through Parliament

Forum18 reported yesterday that a new Religion Law has been rushed through Moldova's Parliament, and that officials say no one will be able to read it until it has been promulgated by the President and published in the Official Monitor. Stefan Secareanu, who chairs the Parliament's Committee for Human Rights and National Minorities, says that the bill is still being edited to reflect all the amendments that were adopted. He says that the bill retains a ban on abusive proselytism, but that using "disinformation" has been removed from the definition of banned practices. The final bill also requires 100 adults members before a religious group will be recognized. Minority religious groups object to this limit, while the Russian Orthodox Church in Moldova thinks the new bill is not restrictive enough.

NY Jail Chaplain Charged For Distributing Anti-Muslim Tracts

A Rockland County, New York jail chaplain, suspended with pay last month pending an investigation of complaints that she distributed anti-Muslim literature (see prior posting) has now been charged administratively with eight counts of misconduct. Rev. Teresa Darden Clapp's suspension was also changed to one without pay. Yesterday's Lower Hudson Valley Journal News says that after listening to concerns of the local Muslim community, jail officials said they would hire an imam as a Muslim chaplain, and would begin to serve Muslim prisoners Halal food.

Communion Wine Now Permitted In New Zealand Prisons

New Zealand's Corrections Department has changed its interpretation of New Zealand law and will now permit small amounts of Communion wine to be consumed in prisons by Chaplains and prisoners. Catholic News reported yesterday that the reversal of policy came after objections from the Catholic Church and politicians. Authorities will seek an amendment to the Corrections Act 2004 that now prohibits alcohol from being taken into prisons so that it clearly reflects the new exemption for sacramental wine.

Group Aims At Proselytizing State Legislators

Jews on First this morning carries a lengthy report on Capitol Ministries, a group that is focused on bringing a Christian message to state legislators and their staffs around the country. It has already formed Bible study groups in over a dozen state capitals. The group's leader, Ralph Drollinger, has a record of criticizing Catholics, gays and mothers of young children who serve in state Legislatures.

9th Circuit: LA County's Removal of Cross From Seal OK

Yesterday in Vasquez v. Los Angeles County, (9th Cir., May 15, 2007), the U.S. 9th Circuit Court of Appeals rejected an Establishment Cause challenge to a 2004 change made to the seal of Los Angeles County. Ernesto Vasquez, a resident, taxpayer and county employee, argued that the change, which removed a cross from the seal and replaced it with a picture of a historic mission, amounted to a state-sponsored message of hostility toward Christians.

The court held that plaintiff had standing to bring the challenge, holding that "spiritual harm resulting from unwelcome direct contact with an allegedly offensive religious (or anti-religious) symbol is a legally cognizable injury and suffices to confer Article III standing." However it rejected Vasquez's claim on the merits. The County removed the cross to avoid a potential Establishment Clause problem. The court held that this is a secular purpose. As to effect, the court said "a 'reasonable observer' familiar with the history and controversy surrounding the use of crosses on municipal seals would not perceive the primary effect of Defendants' action as one of hostility towards religion." Reuters and AP both reported on the decision.

EU Officials Meet With Religious Leaders

On Tuesday, European Union leaders held a meeting with twenty religious leaders of Christianity, Judaism and Islam. At the meeting, German Chancellor Angela Merkel said that there was no chance of reviving the proposal to include a mention of God or Europe's Christian roots in a redrafted European Union constitution. (International Herald Tribune). At the meeting which focused on increasing religious tolerance and improving interfaith relations, British Chief Rabbi Sir Jonathan Sacks raised the issue of anti-Semitism in Europe-- a topic on which the EU will soon publish a report. (European Jewish Press.)

MD Governor Bars Discrimination In Executive Branch Employment Practices

On Tuesday, Maryland's Governor Martin O'Malley signed Executive Order 01.01.2007.09 creating a Code of Fair Employment Practices. It bars any state administrative agency or executive branch department from discriminating on the basis of age, ancestry, color, creed, genetic information, marital status, mental or physical disability, national origin, religious affiliation or belief or opinion, race, sex, or sexual orientation. Bizjournals reported on the executive order yesterday.

Proposed Israeli Law May Signal Major Shift On Religion-State Framework

An interesting op-ed in yesterday's Haaretz discusses a new draft law being considered by the Knesset, titled "The Sabbath - A Day of Culture and Rest". Columnist Yedidia Stern says that National Religious Party support for the bill signals a fundamental change in the relation of religion and state in Israel. Past insistence of religious-Zionist rabbis on making no changes to the status quo has, Stern said, made them increasingly irrelevant. Now, Stern claims, these rabbis are willing to opt for a socioeconomic, cultural, historic and national Jewish state, even if its laws do not impose rigid religious requirements.

En Banc Rehearing Sought In 9th Circuit Approval of SF Noise Ordinance

A petition for for an en banc rehearing by the full 9th Circuit (full text) was filed last week in Rosenbaum v. City and County of San Francisco. In April, a 3-judge panel deciding the case rejected constitutional 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. An Alliance Defense Fund release reports on the filing.

Swiss Politicians Want To Ban Building of Minarets

In Switzerland, right-wing Swiss National Party and Federal Democratic Union party members are gathering signatures to call for a national vote to ban the construction of minarets in the country. They say minarets are a symbol of power and threaten law and order. (Minarets are towers attached to mosques from which the Islamic call for prayer traditionally is broadcast.) Swiss President and Foreign Minister Micheline Calmy-Rey says the proposal threatens religious liberty that is guaranteed in the country and would endanger Swiss security. Today's Australia Daily Telegraph reports on the move.

Kuwaiti Education Minister Refuses To Wear Veil In Parliament

Kuwait's Education Minister Nouriya Al-Subeeh has created a controversy by refusing to wear a veil in Parliament. Asia News yesterday reported that Islamist MPs claim that the 2005 Election Law that gives women political rights, but mandates that they respect Islamic law, means that the veil is required. But others say that, except in a mosque, wearing a veil is a personal choice. A number of academics support Al-Subeeh and say her choice should be respected.

Moral Majority Founder Jerry Falwell Dies

Jerry Falwell, founder of the Moral Majority, died today at age 73. The New York Times, eulogizing him, said:

Mr. Falwell went from being a Baptist preacher in Lynchburg to carving out a powerful role in national electoral politics. He was at home in both the millennial world of fundamentalist Christianity and the earthly blood sport of the political arena. As much as anyone, he helped create the religious right as a political force, defined the issues that would energize it for decades and cemented its ties to the Republican Party.

UPDATE: On Tuesday afternoon, the White House issued a statement saying that the President and Mrs. Bush are saddened by Falwell's death. It continues: "One of his lasting contributions was the establishment of Liberty University, where he taught young people to remain true to their convictions and rely upon God's word throughout each stage of their lives."

Discussion of God In the Presidential Election From Larry King Live

On CNN yesterday, Larry King Live featured a discussion with five leading figures on "What's God Got To Do With Electing America's Next President". Featured on the show were Reverend Albert Mohler, Jr. president of the Southern Baptist Theological Seminary; David Kuo, the Washington editor of Beliefnet.com; Reverend Jim Wallis, editor-in-chief of "Sojourners" magazine; Reverend Barry Lynn, executive director of Americans United for Separation of Church and State; and David Gergen, who served as White House adviser to Presidents Nixon, Ford, Reagan and Clinton. The full transcript of the show and five minutes of video clips from it are available online. [Thanks to Michael Lieberman for the lead.]

Forsyth County NC Adopts New Invocation Policy In Face Of Litigation

The Forsyth County, North Carolina, Board of Commissioners Monday night voted 4-3 to approve a new policy that calls for inviting local clergy and religious leaders who are listed in the Yellow Pages to deliver invocations at Board meetings. They would be assigned on a "first-come, first-served basis" according to the report in today's Winston-Salem Journal. The policy language was recommended by the Alliance Defense Fund. The policy permits the invited clergy to deliver sectarian prayers. It provides: "Neither the board nor the clerk shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocational speaker." The vote comes in response to a lawsuit filed in March by the ACLU and Americans United challenging the county's unwritten policy that permitted sectarian invocations. The final Board vote on the new policy split along party lines. Opposing the new policy, Democrat Walter Marshall said: "I think religion has been prostituted. I have already felt the hate of people and what religion can do."

Fidelis Protests Clinton Campaign Video

CNS News.com reports today on a controversy that has arisen over the use of a picture of Mother Theresa in a Hillary Clinton campaign video. Joseph Cella, president of the Catholic advocacy group Fidelis, has urged Clinton's presidential campaign to edit out the brief shot of Mother Teresa standing with then-First Lady Hillary Clinton. Cella says that Clinton's pro-abortion stance is contrary to the beliefs of Mother Theresa. The disputed video is a 5-minute presentation narrated by Bill Clinton and includes a clip of Mrs. Clinton's speaking at the 1995 Beijing Conference, saying: "It is no longer acceptable to discuss women's rights as separate from human rights." Fidelis issued a release outlining its objections. Here is the video on YouTube (the disputed shot is at 2:26).

NJ Supreme Court Dismisses RLUIPA Land Use Appeal

North Jersey.com reports that the New Jersey Supreme Court has dismissed the appeal in St. Joseph’s Korean Catholic Church v. Zoning Bd. Of Rockleigh (Docket No. A-30-06). The court had originally granted certification to decide whether the Borough of Rockleigh's zoning ordinances unconstitutionally discriminate against houses of worship and whether the Planning Board's denial of a variance to a Korean Catholic Church violates RLUIPA. The Appellate Division had upheld the planning board's determination in which it found that the church would not have room to expand to meet the needs of its growing congregation even if the requested variance was granted. (See prior related posting.)

Official French Jewish Group Elects New Head

In France yesterday, a cardiologist supported by the Ashkenazi community was elected president of CIRF, the umbrella organization that represents the Jews of France in dealings with the French government. CIRF, set up after World War II, is comprised of 165 voting members representing various Jewish organizations in France. Haaretz, reporting on the election, says that France's 500,000 Jews are now largely of North African descent, and CIRF has been criticized for not reflecting that demography. Two candidates of North African descent came in third and fourth in the election.

Anti-Abortion Protester's Claim Survives Dismissal Motion-- But Barely

In McTernan v. City of York, 2007 U.S. Dist. LEXIS 34809 (MD PA, May 11, 2007), a Pennsylvania federal district court held that while plaintiff's case is very thin, it refused to dismiss a Christian pro-life advocate's claim that his free speech, freedom of assembly and free exercise rights were violated when a police officer threatened to arrest him if he again entered an alley next to a Planned Parenthood facility. The court, however, did dismiss plaintiff's claim that the City of York's decision to deploy extra officers to Planned Parenthood was a deliberate action aimed at depriving him of his constitutional rights.

New Appointees To USCIRF Named

President George W. Bush announced last week that he intends to make three appointments to the United States Commission on International Religious Freedom. He will reappoint Chairman Michael Lewis Cromartie for a two year term. He will appoint Talal Eid for a two-year term and Leonard A. Leo for one year. A CNA report gives more detail on the nominees. Cromartie is Vice President at the Ethics and Public Life Center. Leo is Executive Vice President of the Federalist Society. eid is the founder and director of the Islamic Institute of Boston (prior AP story).

Last month, U.S. Senate Majority Leader Harry Reid and Sen. Hillary Rodham Clinton announced the appointment of Don Argue to USCIRF. He is President of Northwest University in Kirkland, Washington and was formerly President of the National Association of Evangelicals. (Melissa Rogers has more on this appointment.)

Under Sec. 201 of the International Religious Freedom Act, the President chooses three Commissioners; four are chosen by the Congressional leaders of the party not in the White House; and two by the leaders of the President's party in Congress. The Congressional picks are split between Senate and House leaders. (See USCIRF FAQ)

Chicago Church Loses Property Tax Challenge On Jurisdictional Grounds In 7th Circuit

Yesterday, the U.S. 7th Circuit Court of Appeals dismissed for lack of jurisdiction a church's attempt to avoid eviction from its property by the city of Chicago. The city had obtained a tax deed to the church after the church failed to pay over $100,000 in assessed property taxes. In Beth-El All Nations Church v. City of Chicago, (7th Cir., May 14, 2007), the court dealt with a range of procedural complexities in applying the Rooker-Feldman doctrine that precludes use of lower federal courts to overturn a final state court judgment. Attorneys for the church focused their arguments primarily on a notice that had been sent to the church at a wrong address. However state courts had already held that this did not amount to fraudulent concealment of the tax sale of the church's property, so the church could not avoid the statute of limitations that by then barred the church's challenge to the lack of notice. The Court of Appeals pointed out that the church still had the possible option of challenging the tax sale in state court on the grounds that the property was in fact tax exempt. [Thanks to Alliance Alert for the lead.]

Pittsburgh Diocese Separately Incorporates Its High Schools

Last week's Pittsburgh (PA) Catholic reports on the restructuring of the legal organization of eight Catholic high schools in the Diocese of Pittsburgh. Each school will be separately incorporated as a Pennsylvania non-profit corporation. Currently 7 of the schools are operated directly by the diocese and one is operated by a parish under diocesan auspices. the reorganization occurs in the wake of legal battles elsewhere over whether parochial school assets are available to satisfy claims of diocesan creditors. (See prior related postings 1, 2.)

New York Arabic Culture School Raises Concerns Among Neighbors

Today's New York Sun reports on growing concern over New York school authorities' decision to open a new middle school in Brooklyn that will focus on Arabic language and culture. The new Khalil Gibran International Academy will be in a building that houses two other specialized schools in a neighborhood with a heavy Arab-American population. Other parents say they are concerned that the school will become a vehicle for extremist political and religious ideology. The Department of Education, however, says the school will be secular, is open to anyone, and will be closed down if it shows any indication of becoming religious.

New British Rules Require Churches To Post No-Smoking Signs

In Britain, clergymen are angry about new Department of Health regulations-- the Smoke-free (Signs) Regulations 2007-- that will require churches to post no-smoking signs at church entrances by July 1. Today's London Telegraph reports that the Dean of Southwark, the Very Rev. Colin Slee, who is the spokesman for the Association of English Cathedrals, said: "It is such nonsense. One is bound to ask, when did you last hear of somebody smoking in church?"

Baccalaureate Services Declining In Popularity

The Springdale (AK) Morning News reports that the number of schools having a baccalaureate service as part of graduation activities has declined as schools become increasingly concerned about church-states issue posed by the traditionally religious services. The programs usually feature prayers, religious songs and bible readings. They need to be sponsored by private groups rather than the school itself in order to meet constitutional requirements. Arkansas' Gravette High School is holding its popular baccalaureate service again this year. Principal Jo Ellen Hastings,says no one from the Gravette School Board has told them to discontinue the practice.

Funding For Parochial Schools To Be An Issue In Ontario This Fall

In the Canadian province of Ontario, Parents for Educational Choice is working to make funding for non-Catholic religious schools an issue in this fall's political campaign. Currently public and Catholic schools are funded based on their enrollments. PEC supports equal governmental funding for all independent schools that meet government enrollment and educational standards. Saturday's Brockville Recorder & Times published an article outlining a recent meeting between a PEC representative and parents of New Dublin's Heritage Community Christian School. The article points out that between 2001 and 2003, Ontario had a $3500 tax credit for parents who sent their children to any independent religious or private school.

New Law and Religion Articles-- Many to Choose From This Week

From SSRN:
Rev. John J. Coughlin, O.F.M., Apostolic Signatura, (Notre Dame Legal Studies Paper No. 07-31, May 8, 2007).

Richard W. Garnett, Pluralism, Dialogue, and Freedom: Professor Robert Rodes and the Church-State Nexus, (Journal of Law and Religion, Vol. 22, Forthcoming).

Paolo G. Carozza, The Universal Common Good and the Authority of International Law, (Logos: A Journal of Catholic Thought and Culture, Vol. 8, pp. 28-55, 2006).

Carl H. Esbeck, The 60th Anniversary of the Everson Decision and America's Church-State Proposition, (Journal of Law and Religion, Vol. 23, No. 1, 2007-08).

Mathis Rutledge, A Time to Mourn: Balancing the Right of Free Speech Against the Right of Privacy in Funeral Picketing, (Maryland Law Review, Volume 67, No. 2, 2008).

Laura M. Thomason, On the Steps of the Mosque: The Legal Rights of Non-Marital Children in Egypt, (Hastings Women's Law Journal, 2007).

Jennifer Dumin, Superstition-Based Injustice in Africa and the United States: The Use of Provocation as a Defense for Killing Witches and Homosexuals, (Wisconsin Women's Law Journal, Vol. 21, 2006 ).

From Bepress:
Stephen M. Siptroth, Prophetic Politics: The Struggle for Civil Rights and the Ecclesial Experiences of Blacks and Latinos, (2007).

From SmartCILP:
Lubna A. Alam, Keeping the State Out: The Separation of Law and State in Classical Islamic Law. (Reviewing Rudolph Peters, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century), 105 Michigan Law Review 1255-1264 (2007).

Colloquy: Religious Liberty. Douglas Laycock, A Syllabus of Errors; Marci A. Hamilton, A Response to Professor Laycock, 105 Michigan Law Review 1169-1192 (2007). Douglas Laycock, God v. The Gavel: A Brief Rejoinder, 105 Michigan Law Review 1545-1549 (2007).

Symposium, God's Law in the People's Law: A Discussion of Contemporary Issues Arising from Religion and The Law, 6 University of Maryland Law Journal of Race, Religion, Gender & Class, Issue 1, 2006, (Articles by T. Jeremy Gunn, Andrew J. King, Gary S. Gildin, George H. Taylor, Lucia A. Silecchia, Robert K. Vischer, Jay D. Wexler, Maxwell O. Chibundu).

Timothy W. Floyd, Lawyers and Prophetic Justice, 58 Mercer Law Review 513-530 (2007).

Journal of Law and Religion, Vol. XXII, No. 1 (2006-07) (Contents) has recently been published.

FLDS Member Moves To Texas Town With Mixed Reception

Now that the courts have imposed a trust on the properties of the Fundamentalist Church of Latter Day Saints, a polygamous sect that was centered in Colorado and Utah, a number of the church's members are moving elsewhere. Yesterday's Salt Lake Tribune reports that Samuel Fischer, with his two wives, is moving his thriving cabinet-making business to Lockney, Texas. Fischer met Friday night with residents of the city at its Community Center to explain his life, faith and family-- 12 of his 24 children are coming with him. The rest are grown. Lockney is economically depressed, and it welcomed the move until it learned of Fischer's background. Now the reception is more mixed, with some fearing that Lockney will become known as an FLDS town.

Slovakia Formally Recognizes Baha'i Faith

The government of Slovakia has officially registered the Baha'i Faith as a recognized religious community, according to a report yesterday from Baha'i World News Service. Recognition grants the religious group legal status. It also allows it to apply for government funding; however a spokeswoman said that Baha'i does not plan to seek government financial support. 17 other religious communities, all either Christian or Jewish, have previously been registered by the government under the Religion Law.

Columnist Writes On Evolution Responses In Republican TV Debate

Syndicated columnist Kathleen Parker has an interesting column today on the exchange in this month's Republican presidential debate over evolution. In the debate, journalist Jim VandeHei asked whether any of the candidates did not believe in evolution-- three raised their hands. John McCain, to whom the question was first addressed, had a chance to be more nuanced. Parker says:

The truth is, each man took a calculated risk — or a courageous stand, depending on one's view. To say "yes" would have been to betray evangelical Christian voters, 73 percent of whom believe that human beings were created in their present form in the last 10,000 years or so.

To these folks, "no" didn't mean anti-science; it meant pro-God and conveyed a transcendent, non-materialistic view of the world. To secular Darwinists, "no" meant either ignorance or pandering to the ignorant — most likely both....

The debate question was fundamentally a setup for ridicule. No one was served, and no one, alas, is the wiser.

Federal Earmarks Benefitting Religious Groups Show Sharp Increase

Today's New York Times reports that there has been a sharp increase in the number of earmarks in federal appropriations bills that benefit religious organizations. There have been 900 earmarks directing $318 million to religious groups between 1989 and 2007. (The Times has posted a list of all 900.) More than half of those were in bills enacted in the Congressional session that included the 2004 presidential election. The number of religious groups listed as clients of Washington lobbying firms tripled between 1998 and 2005. The funds all have to be used for non-religious purposes. Many earmarks fund social service activities of the organizations, but others give churches control of parcels of federal land or fund buildings on the campuses of religious colleges.

Long Island School Board Race Splits Along Religious Lines

On Long Island, Tuesday's election for the Lawrence, New York school board has turned into a bitter contest being fought along religious lines according to an article in yesterday's Newsday. At issue is whether control of the 7-member school board will remain in the hands of Orthodox Jewish candidates representing parents who send their children to private religious schools. 3,380 students attend Lawrence public schools, but another 3,900 students in the district attend private religious schools, largely yeshivas. In recent years, families of private school students have sought more services from the school district for their children.

In the election, 3 "public school candidates" are facing three candidates sympathetic to parents of private school students. Ads placed in the local newspaper with headlines like "Should the Lawrence Public School District Be Run By An Orthodox Majority?" have been strongly criticized, and have led the editors of the Herald newspapers to run an explanation of why they accepted the ads. Public-school candidate Pamela Greenbaum says that ads have run in Jewish publications seeking to hire people to help drum up absentee votes from school district residents with dual-citizenship now living in Israel.