District Court Rejects Challenge To Suspension of Bussing To Parochial School

In Pucket v. Hot Springs School District, (D SD, June 6, 2007), a South Dakota federal district court rejected a claim by students attending Bethesda Lutheran School and their parents that the state's temporary termination of busing of students to the parochial school violated their free exercise, speech and equal protection rights and violated the establishment clause.

Plaintiffs claimed that provisions of the South Dakota constitution prohibiting aid for religious schools violated their federal constitutional rights. The court, however, concluded that "Whether the S.D. Constitution provisions are either facially discriminatory or were adopted out of religious animus does not matter because plaintiffs cannot establish a causal link between the S.D. Constitution provisions and the School District policy."

The court found that the school district's delay in reinstituting busing once state law was amended to permit it and insurance concerns were resolved was motivated by its concern over how that action would affect pending litigation. The court went on to say: "Because School District’s continued denial of busing is rationally related to a legitimate government interest, plaintiffs’ free exercise challenge fails as a matter of law. Further, even if School District’s policy was not facially neutral, the Supreme Court’s decision in Locke v. Davey,... indicates that the denial of busing is too insignificant of a burden to constitute a free exercise violation."

Today's Sioux Falls Argus Leader reports on the decision and the reaction of both sides to the decision.

Suburban Chicago Church Loses RLUIPA Challenge In 7th Circuit

In Petra Presbyterian Church v. Village of Northbrook, (7th Cir., June 7, 2007), the U.S. 7th Circuit Court of Appeals rejected a RLUIPA challenge by a suburban Chicago church that was denied a zoning permit to convert a warehouse into a church. Writing for the court, Judge Posner said: "When there is plenty of land on which religious organizations can build churches (or, as is common nowadays, convert to churches buildings previously intended for some other use) in a community, the fact that they are not permitted to build everywhere does not create a substantial burden." Since there was no substantial burden on the church's free exercise of religion, it was irrelevant that the village may not have had a compelling interest in excluding membership organizations from industrial zones.

The court also rejected the claim that the church had a vested right to operate in the warehouse because the initial refusal of a permit was under a zoning ordinance that discriminated against religious institutions. Subsequently the ordinance was revised to exclude all membership organizations-- not just churches-- from industrial zones. Posner wrote: "If the 1988 ordinance violated RLUIPA, as Northbrook comes close to conceding, Petra didn't have to comply with it. But that doesn't mean that it acquired an immunity from all zoning regulation. It knew or should have known that Northbrook could redo its ordinance to comply with the "less than equal terms" provision of RLUIPA...."

Judge Refuses To Dismiss Defamation Suit Against Funeral Picketers

The Baltimore Examiner reports that on Monday, a Maryland federal district court refused to dismiss a defamation suit against the Topeka, Kansas Westboro Baptist Church, its leader Rev. Fred Phelps and his two daughters. The dismissal motion denied on Monday had been filed by the two daughters who were added as defendants. Westboro Church members-- who protest regularly at veterans' funerals carrying signs decrying the country's tolerance of homosexuality-- picketed at the funeral of Lance Cpl. Matthew Snyder of Westminster, Maryland. They then used the Church's website to criticize Snyder's parents, saying they had "raised [Matthew] for the devil". Defendants argued that the lawsuit, brought by Snyder's father, should be dismissed because it would require the court or a jury to decide the correctness of opposing religious viewpoints. However, Judge Richard Bennett said: "when a civil dispute … can be decided without resolving an ecclesiastical controversy, a civil court may properly exercise jurisdiction". (See prior related postings on the case, 1, 2 .)

Muslim Correctional Officer Trainee Loses Free Exercise Claim

In Valdes v. State of New Jersey, 2007 U.S. Dist. LEXIS 41038 (D NJ, June 6, 2007), a New Jersey federal district court dismissed free exercise and religious discrimination claims brought by Juan Valdes, a Muslim who was dismissed from New Jersey's Correctional Officer's Training Program for wearing a beard longer than one-eight inch. His religion prohibits him from shaving his beard. The court rejected Valdes' free exercise claim, holding that the grooming requirement was a generally applicable neutral regulation. It rejected Valdes' Title VII claim, finding that the state had offered him reasonable accommodation by permitting facial hair, limited in length, while usually it requires trainees to be clean shaven. The court also rejected Valdes' equal protection claim.

Bipartisan Bill In Congress Would Require Pharmacies To Fill Contraceptive Requests

On Wednesday, a bipartisan bill, the Access to Birth Control Act, was introduced in Congress. The legislation sponsored in the House by New York Rep. Carolyn B. Maloney (press release) and in the Senate by New Jersey Sen. Frank Lautenberg (press release) would require all pharmacies to promptly fill requests for contraceptives, including over-the-counter emergency contraceptive Plan B for adults. The bill's findings decry refusals by pharmacists to fill prescriptions for contraceptives. The bill also requires pharmacies to ensure that their employees do not intimidate, threaten or harass customers seeking contraceptives, misrepresent information about contraceptives or interfere with filling requests for them. The bill provides no exception for pharmacists who have religious or moral objections to contraceptives. CNS News reports on the bill.

Summary Judgment Denied In Preachers' Challenge To LA Town Over Protest Rights

The U.S. 5th Circuit Court of Appeals on Wednesday refused to grant summary judgment to either side in a suit brought by several demonstrators who claim their free exercise, free speech and freedom of assembly rights were infringed when one demonstrator was arrested and others were threatened with arrest by Columbia, Louisiana police. Worldwide Street Preachers Fellowship v. Town of Columbia, (5th Cir., June 6, 2007), was a suit brought following several demonstrations by an organization of street preachers carrying signs decrying sin and calling for repentance. Some of the signs were critical of abortion, homosexuals, and women pastors, and one carried pictures of aborted fetuses. The court held that a crucial question in the case is the state's motivation in arresting and threatening arrest of the demonstrators. Disputed issues of fact require the case to go to trial to determine whether police action was content-based or content neutral.

Religion In US Politics Fascinates Writer In India

The role of religion in the 2008 U.S. presidential race seems to have an odd international fascination. In today's Calcutta, India Telegraph, writer Mukul Kesavan explores the phenomenon in an op-ed titled Run, Mr. Bloomberg. He writes in part:

I want [New York Mayor Michael] Bloomberg to campaign for president because it would be a political experiment, one that tests the proposition that a serious candidate for the American presidency needs to be a Christian. And not just a nominal Christian but an observant Christian. As an Indian interested in the role of religion and religious identity in politics, I’d like to know if a non-Christian like Mr Bloomberg (who is Jewish), can mount a credible campaign. For this proposition to be disproved, it isn't important that Bloomberg win: merely that he be taken seriously as a presidential candidate.

Being publicly Christian seems oddly important in American politics. Oddly important because the democracy Indians live in, despite its bloody record of sectarian intolerance and violence, routinely elects non-believing Hindus and non-Hindus to high political office.

Catholic School Head Defends Ontario's Separate Catholic System

In Sault Ste. Marie, Ontario, the president of the Canadian Catholic School Trustees' Association, Bonaventure Fagan, defended Ontario's separate publicly-funded Catholic school system against critics who argue that the province could save money by moving to a single system for all children. Yesterday's Sault Star quotes Fagan as saying that the dismantling of the separate Catholic system in Newfoundland and Labrador did not produce savings. Fagan told the paper that a secular system does not answer the need that Catholic parents have for educating their children. He said: "We don't apologize: we believe God is essential, He plays an essential role in our daily affairs." He also said he would not oppose new separate school systems for other religious denominations.

Suit Filed Challenging Graduation Prayer In Tangipahoa, LA School

Yesterday's New Orleans Times-Picayune reports that for the sixth time in 13 years, the ACLU of Louisiana has filed suit against the Tangipahoa School Board challenging the injection of religion into public schools. Yesterday's federal court suit charges that at a graduation ceremony for Tangipahoa PM High School, a faculty member delivered an invocation, specifically praying in Jesus' name. The graduation program indicated that a student would deliver the invocation, but at the event, faculty member Anthony Massi was the person who led the prayer. A number of faculty and administrators were present and, according to the complaint in the lawsuit, "condoned, approved of, participated and acquiesced in the giving of the invocation". The complaint in John "P" v. Tangipahoa Parish School Board alleges that the graduation prayer violated the Establishment Clause. It seeks declaratory and injunctive relief as well as nominal damages.

Cert. Petition Filed In Campus Traveling Preacher Case

On Tuesday, attorneys for the Alliance Defense Fund filed a petition for certiorari with the U.S. Supreme Court in Gilles v. Blanchard. (Press release). In the court below, the U.S. 7th Circuit Court of Appeals upheld the refusal of a state university-- Indiana's Vincennes University-- to permit a traveling campus evangelist from preaching uninvited in the center of campus. In March, the 7th Circuit refused a petition for en banc review, 2007 U.S. App. LEXIS 7158. The petition for cert (full text) argues that the Court should grant review to resolve a conflict among circuits on the application of the forum analysis to open places on public campuses and a conflict as to use of unbridled discretion in a nonpublic forum.

Court Upholds California Church's Location In Shopping Center

In Chabra v. City of Concord, (CA App., June 6, 2007), a California state court of appeal upheld a decision by Concord, California's Planning Commission and City Council to permit Harvest Church to use a former movie theater in a shopping center as a church. Individuals challenging the determination argued that the decision was inconsistent with the city's zoning plan. The court said that there was substantial evidence that while the approved use was not for traditional retail activities, it would nevertheless aid in development of the shopping center. CBS5 News yesterday reported on the decision.

Will A Disclaimer Avoid Establishment Clause Issues In Graduation?

Some public high schools in Connecticut are holding their graduation ceremonies in church buildings in order to provide sufficient space for all who wish to attend. Yesterday's Jewish Ledger reports that both the ACLU and the Anti Defamation League have expressed Establishment Clause concerns. At least two schools have decided that placing a disclaimer on their website is the way to handle the matter. South Windsor High School's disclaimer reads: "The selection of First Cathedral as the site for graduation offers the best facility for our needs at an acceptable cost. The selection of this venue in no way represents an endorsement by the school district of a specific religion or religion in general."

Study Says Sikh Students In NY Face Harassment

Preliminary findings of a study released yesterday by the Sikh Coalition says that 58% of Sikh students in New York public schools have been victims of name calling, threats or physical abuse because of their religion. Summarizing the study, the New York Press says that school administrators have often failed to pursue complaints of discrimination filed by Sikh students. Release of the data follows a highly publicized incident last month in a Queens high school in which a student forcibly cut off the hair of his Sikh classmate. (See prior posting.)

Coalition Attempts To Promote Religious Diversity In Britain

In Britain, a group of political, religious, union and human rights leaders have formed a new Coalition to Defend Freedom of Religious and Cultural Expression. eGovMonitor reported yesterday that the coalition has been set up to counter media criticism of faith groups openly displaying their cultural or religious symbols and dress. Most recently that criticism has been directed at Muslim women wearing veils, but it has extended to those of other religions as well. The new group argues that multiculturalism enriches society and does not divide it. One of the leaders of the new group, London Mayor Ken Livingstone, said: "I am proud of London's reputation as the most diverse city in the world...."

Religiously Motivated Kidney Donation Rejected In Canada

Jesus Christians is an Australian religious group that believes donating one's kidney for transplant is the ultimate expression of faith. Canadian Press reported earlier this week on a 22-year old Australian man who came to Toronto to donate a kidney. He made the trip because Australian law permits the donation only where the recipient is someone with whom the donor had a long-time friendship. Canadian law permits broader altruistic motivations. However, a Toronto hospital ultimately rejected the offer and sent the man back to Australia, apparently after the man's parents called to complain that he had been brainwashed by a religious cult.

Death Sentence Ordered In Pakistan Blasphemy Case

After Pakistan's National Assembly last month rejected a proposed amendment to the country's blasphemy law that would have punished desecration of the holy books of other religions equally with desecration of the Quran (Countercurrents.org), a troubling new blasphemy case is being reported. Religious Intelligence reported yesterday that a Sessions Court in Lahore has sentenced a Christian, Younis Masih, to death on charges of violating Section 295-C of the Criminal Code -- defiling the name of the Prophet Muhammad. No one has actually been executed on blasphemy charges in Pakistan, but many have been killed by extremists while waiting in jail.

Study Concludes Florida's Faith-Based Correctional Program Avoids Church-State Problems

According to University of Florida News, two UF professors have published a study of Florida's faith-based correctional program for juvenile offenders, concluding that the program has been successful while avoiding church-state issues that have plagued programs in other states. Lead researcher Jodi Lane said that unlike programs elsewhere that were often Christian-based, Florida's program permits participants to select a mentor from any religion, or a secular mentor if the individual prefers. Also the program is completely voluntary, avoiding charges of coercion. The study, titled Before You Open the Doors: Ten Lessons From Florida's Faith and Community-Based Delinquency Treatment Initiative (Abstract), appears in the April 2007 issue of Evaluation Review.

Belarus Authorities Clash With Religious Leaders Over Restrictive Law

Forum 18 reports that in Belarus, Baptist Pentecostal Church Pastor Antoni Bokun has been sentenced to a 3-day prison term for leading a communion service without permission at his home in violation of the country's 2002 Religion Law. Calling for reform of the law, some 5,000 to 7,000 Christians attended a religious freedom prayer service in Minsk to protest Bokun's arrest, the imminent deportation of a Polish Pentecostal, and other religious harassment. Belorusski Novosti reports that 5 young people on Tuesday picketed the offices of the Committee on Religious and Ethnic Affairs in protest of the ban on registered religious communities holding prayer services in residential premises. Many groups are having trouble finding other space.

NM Football Coach Loses Summary Judgment Motion In Discrimination Case

Yesterday, a New Mexico federal district court refused to grant summary judgment to New Mexico State University head football coach Hal Mumme in religious discrimination cases filed against him by several Muslim football players. In Ali v. Mumme I, (D NM, June 5, 2007), the court found that issues of fact remain in the free exercise and equal protection claims by player Jacob Wallace that Mumme encouraged an atmosphere hostile to Islam, that he instituted Christian prayer by the team in a way coercive to Muslims, and that Mumme's food policy disregarded Muslim dietary restrictions.

In Ali v. Mumme II, (D NM, June 5, 2007), the court found that issues of fact remain in the free exercise and equal protection claims by players Mu'ammar Ali, Anthony Thompson and Vincent Thompson. They claim that they were discharged from the football team because of their Muslim faith, and that Mumme had engaged in actions having a coercive effect on their religious beliefs. Today's Las Cruces Sun-News reports on the decisions. (See prior related posting.)

German Court Upholds Ban On Muslim Teachers' Wearing Headscarves

In Dusseldorf, Germany on Tuesday, an administrative court upheld North Rhine-Westphalia's ban on Muslim teachers wearing headscarves in class. The Associated Press reports that the court rejected a 28-year old teacher's complaint that her freedom of religion was being infringed. The court instead focused on the state's interest in maintaining religious neutrality toward students and parents.

Religion An Important Part of Yesterday's Republican Candidate Debates

Faith and religion were an important part of the Q&A in last night's Republican presidential candidate debate held in Manchester, New Hampshire. The full transcript of the debate is available online, as is a CNN summary with video clips. At one point, reporter Wolf Blitzer asked candidate Rudy Giuliani about a Catholic bishop's strong criticism of Giuliani's stance on abortion rights. As Giuliani began to answer, lightning from a storm outside briefly cut off the microphone. Giuliani joked that this was a "frightening" thing for someone who went to parochial school all his life.

The debate also gave several of the candidates an opportunity to explain their views on the evolution vs. creationism debate, and gave candidate Mitt Romney a chance to respond to those who are concerned about his Mormon religious beliefs. In response to a question from Wolf Blitzer, Romney said:

President Kennedy some time ago said he was not a Catholic running for president, he was an American running for president. And I'm happy to be a proud member of my faith.

You know, I think it's a fair question for people to ask, what do you believe? And I think if you want to understand what I believe, you could recognize that the values that I have are the same values you'll find in faiths across this country.

I believe in God, believe in the Bible, believe Jesus Christ is my savior. I believe that God created man in his image. I believe that the freedoms of man derive from inalienable rights that were given to us by God.

And I also believe that there are some pundits out there that are hoping that I'll distance myself from my church so that that'll help me politically. And that's not going to happen.

Meanwhile the website Media Matters accused CNN of incorrectly reporting that Democratic candidates had not talked about their faith and values until very recently. The website says that at least some of the Democratic candidates have talked about their faith and values for years.

Opinion In Lethal Injection Autopsy Case Now Available

Following up on a posting from last month, the full opinion is now available on Lexis in Workman v. Levy, 2007 U.S. Dist. LEXIS 40122 (MD TN, May 15, 2007). In the case, a Tennessee federal district court refused to grant a preliminary injunction to stop the autopsy of inmate Philip Workman, despite Workman's religious objections to the procedure. The court held that Workman's brother has standing to pursue the case after Workman's death, that the coroner's decision to perform an autopsy was not motivated by religious animus, and that the state has a compelling interest in using the autopsy to assess the effects of its controversial lethal injection protocol for executions.

Parents In Ontario To Sue Over Support For Disabled In Private Religious Schools

In the Canadian province of Ontario, a multifaith coalition, along with seven families, is planning to sue the provincial government alleging discrimination because the province refuses to fund support for students with various disabilities who attend private religious schools. Today's Globe and Mail says that medically necessary therapy is provided by the province to students in all schools, but assistance to students for "learning tools" to help with visual impairments, hearing difficulties or learning disabilities is available only the publicly funded secular and Roman Catholic schools.

NY County Human Rights Commission Gets Expanded Powers

The Westchester County, New York Board of Legislators yesterday expanded the enforcement authority of the county's Human Rights Commission which, among other things, enforces bans on religious discrimination in employment, housing, lending and public accommodations. Today's Lower Hudson Journal News reports that the new law allows the Commission to impose civil fines up to $100,000 in housing discrimination cases, and permits it to seek punitive damages up to $10,000 for egregious discriminatory behavior.

Virginia School District Encourages Intelligent Design In Classes

The Chesterfield Observer reported today on a statement (full text) issued earlier this month by the Chesterfield County, Virginia, school board that seems to endorse teaching of intelligent design as part of the school district's science curriculum. The board adopted textbooks approved by the State Board of Education for middle and high school science classes. In its news release on the adoptions, the district school board said that "none of the currently available textbooks in the areas of life science and biology included the topics of creationism or intelligent design." The release also quoted one district board member who said: "This is not about science versus religion. This is about how we articulate theories on this one subject and what the Supreme Court and other court rules have said about creationism in the classroom."

In response to proponents of intelligent design, Chesterfield School Board Chair Thomas J. Doland read a statement that he asked to be included along with the Memorandum regarding textbook adoptions. The statement in part says:

The School Board is cognizant that technology now allows easy access to an almost infinite number of resources facilitating learning. To suggest that we should limit our students' access to specifically approved textbooks and instructional materials would not only inhibit self-directed learning but would also ill-prepare our young people for the challenges that will face them in the competitive global market of the 21st century.

We have received much interest and concern from our citizens relating to the theory of evolution as taught in our science classes. It is the School Board's belief that this topic, along with all other topics that raise differences of thought and opinion, should receive the thorough and unrestricted study as we have just articulated. Accordingly, we direct our superintendent to charge those of our professionals who support curriculum development and implementation with the responsibility to investigate and develop processes that encompass a comprehensive approach to the teaching and learning of these topics.

Muslim Brotherhood On Politics and Religion

Today the Global Politician published an exclusive interview with Mohamed Habib, head of Egypt's Muslim Brotherhood, discussing the controversial book recently published by Dr. Ali Abd Al-Hafiz titled "Alternative Movement". (MB News). Particularly interesting is this exchange on government and religion:

GP: What about the points he brings up in the book and in his comments about the MB?

Habib: Those ideas are talked about now among intellectuals in Egypt, which call for the separation of politics and religion. This came from ignorance of the nature of Islam. Islam is a whole system. It is a complete system that consists of politics, literature, economics, etc.... Therefore, you have to accept it as a whole. There is no such thing as political work separated from religion or else we become like those who are different.

South Dakota National Guard Short On Chaplains

Today's Rapid City (SD) Journal reports on the 50% vacancy rate for chaplains in the South Dakota Army National Guard. It cites a number of factors to account for the unit's difficulty in recruiting chaplains: increased deployment of units for service in Iraq and Afghanistan, refusal of the Army to recognize Bible college (as opposed to seminary) graduates, and maximum age limits-- many South Dakota clergy have come to the ministry as second careers. Shortages are most pronounced for Roman Catholic priests.

Court Upholds Ban On Parent's Bible Reading To Kindergarteners

In Busch v. Marple Newtown School District, (ED PA, May 31, 2007), a Pennsylvania federal district court has upheld a decision by a school principal barring the mother of a kindergarten student from reading a Biblical selection from the book of Psalms to a kindergarten class as part of the "All About Me" unit. The unit, among other things, encouraged parents to read a story to the class. The court held that even though this amounted to viewpoint discrimination, it was permissible because this was an organized curricular activity in which the reading might well be perceived as being endorsed by the school. The school had a compelling interest in avoiding proselytizing of students in violation of the Establishment Clause. The court also rejected plaintiff's establishment clause and equal protection claims.

CNN Broadcast Features Discussion of Religion and Politics With Candidates

Yesterday CNN broadcast a lengthy discussion of religion, faith and politics with Democratic presidential hopefuls John Edwards, Barack Obama and Hillary Clinton. The discussion was organized by Rev. Jim Wallis, head of the Sojourners Social Justice Ministry. The full transcript of the broadcast is available. Several Christian religious leaders, as well as CNN moderator Soledad O'Brien, questioned the candidates on a wide range of issues.

UPDATE: After the Sojourners broadcast, CNN's Paula Zahn interviewed candidates Christopher Dodd, Joseph Biden, Bill Richardson and Dennis Kucinich on faith and politics. Here is the full transcript. [Thanks to Melissa Rogers for the lead.]

Recent Prisoner Free Exercise Cases

In Abdullah v. Wisconsin Department of Corrections, 2007 U.S. Dist. LEXIS 38146 (ED WI, May 24, 2007), a Wisconsin federal district court reaffirmed its prior determination in the case that "substantial burden" under RLUIPA as one that makes religious exercise effectively impractiable.

In Fisher v. Virginia Department of Corrections, 2007 U.S. Dist. LEXIS 38487 (WD VA, May 25, 2007), a federal Magistrate Judge recommended denial of defendants' motion for summary judgment in an inmate's claims that his rights under the First and 14th Amendment and under RLUIPA were violated when he was refused permission to possess a "Thor's Hammer" pendant, which was central to his practice of Asatru. He alleged that inmates of other religions were permitted to possess religious medallions. (See prior related posting.)

In Blount v. Johnson, 2007 U.S. Dist. LEXIS 39146 (WD VA, May 30, 2007), a Virginia federal district court found that an inmate who was a follower of the House of Yahweh religion should have been allowed access to the Common Fare diet several months earlier than he actually was, because of his sincere religious belief that he should eat only kosher food. However, the only relief granted by the court for the First Amendment and RLUIPA violations was nominal damages, with defendant paying court costs.

In Marshall v. Frank, 2007 U.S. Dist. LEXIS 38839 (WD WI, May 24, 2007), a Wisconsin federal district court permitted an inmate to move ahead with his claim that his rights under the First Amendment and RLUIPA were violated when prison authorities prevented him from possessing religious materials other than the Bible while housed in the prison's segregation unit.

Civil Rights Commission Focuses on Blaine Amendments and School Choice

On Friday, The U.S. Commission on Civil Rights held a public briefing on "School Choice, the Blaine Amendments and Anti-Catholicisim". (Media advisory). CNS News reported today on the briefing. Those testifying included Anthony Picarello, vice president of the Becket Fund for Religious Liberty. He argued that Blaine Amendments are "the last constitutional weapon available to attack democratically enacted, religion-neutral school voucher programs or social service programs that contract with faith-based providers." Richard Komer, a senior litigation attorney at the Institute for Justice also argued in favor of school vouchers, saying that the public schools are expensive failures.

Opposing school vouchers and supporting policies behind Blaine Amendments were Ellen Johnson, president of the American Atheists and Hollyn Hollman, general counsel of the Baptist Joint Committee for Religious Liberty. Hollman said that Blaine Amendments protect religious institutions from government interference.

Constitution Drafters In Thailand Reject Call For Official Religion

The Bangkok Post reports today that Thailand's Constitution Drafting Committee has rejected calls to make Buddhism the official state religion in its new draft Constitution. A referendum on the new Constitution is tentatively scheduled for August. Previous reports had suggested that drafters might accede to demonstrators calling for the creation of a state religion, but drafters now have retained the country's traditional constitutional equal protection for all religions.

Kiev Mayor Trying To End Distribution of Antisemitic Literature

In the Ukraine, the mayor of Kiev, Leonid Chernovetsky, is trying to restrict the activities of the Interregional Academy of Personnel Management (MAUP), a private university which has become a major distributor of antisemitic literature. UCSJ reported on Friday that the the mayor has asked Prime Minister Viktor Yanukovich to cut off the government financial support that goes to MAUP. Meanwhile the mayor is trying other tactics to close down some 30 MAUP kiosks that operate in Kiev and, among other things, sell copies of The Protocols of the Elders of Zion. Another report suggests that MAUP is distributing Holocaust denial literature near Babi Yar, the site of a major Nazi massacre of Jews.

Kentucky Legislators Still Want Return of 10 Commandments To Capitol

The Lexington Herald Leader reported yesterday that Kentucky legislators are distressed that the state's Ten Commandments monument has not been returned to the state Capitol grounds despite a law they passed last year calling for that step. The law also called for posting "In God We Trust" in the state House chamber. A federal court injunction has to be lifted before the Ten Commandments-- removed from the Capital during construction in the 1980's-- can be returned. The state has proposed to include that monument along with others of historical significance to Kentucky in a memorial garden near the Capitol. However, the state has had difficulty finding other displays to go along with the Ten Commandments. Yesterday's report echos similar one published in March.

Column Complains About Religious Actions By Malta's Leaders

Today's Malta Independent carries an interesting column complaining about the presence in Rome of Malta's President, the Prime Minister, Speaker of the House and Leader of the Opposition, all attending the canonisation of Maltese priest George Preca. The column argues that the leaders "have no business representing Malta in their official capacities at a saint-making ceremony." Daphne Caruana Galizia, author of the column, says that this is part of the merging of religion and state that also occurred when, last January, the Prime Minister kissed the Pope's hand when visiting the Vatican.

AU Complains To IRS About Religious Group's Online Opposition To Romney

Americans United for Separation of Church and State announced last week that it has sent a letter to the Internal Revenue Service complaining that Bill Keller Ministries should be investigated for violating limits on non-profit organizations. Its website, Liveprayer.com, opposing the presidential candidacy of Mitt Romney, arguing, among other things, that "If you vote for Mitt Romney, you are voting for satan!" Here is Liveprayer's full posting.

UPDATE: On Thursday, the AP reported that Keller rejected AU's charges, saying: ""I have never told anybody who to vote for or who not to vote for - ever. I have every right to speak on matters of life and culture, including political issues, and to educate people on the spiritual implications of those issues."

Iowa Ends State Funding For Faith-Based Prison Program

The Newton Iowa Daily News reports that last week Iowa's Governor Chet Culver signed a budget bill that eliminates the $310,000 state appropriation for the faith-based Prison Fellowship Ministries operating in an Iowa prison in Newton. A federal district court has held the program unconstitutional, and that decision is on appeal to the 8th Circuit.

Recent Articles Of Interest

From SSRN:
Yossi Nehushtan, Conscientious Exemptions: How They Should Be Granted and By Whom, (April 2007).

Michael A. Helfand, When Religious Practices Become Legal Obligations: Extending the Foreign Compulsion Defense, (Journal of Law and Religion, Vol. 23, 2008).

From SmartCILP:
Book review colloquy on Religious Freedom and the Constitution, by Christopher L. Eisgruber and Lawrence G. Sager. Articles by Thomas C. Berg, Kent Greenawalt, Ira C. Lupu and Robert W. Tuttle; response by Christopher L. Eisgruber and Lawrence G. Sager, 85 Texas Law Review 1185-1287 (2007).

Company Must Pay Damages To Fired Muslim Employee

In a Title VII suit by the EEOC on behalf of a Muslim employee who was not permitted to wear a headscarf during Ramadan, a federal jury has assessed punitive damages of $250,000 against Alamo Rent-a-Car. The Associated Press reports that the jury also awarded back pay and compensatory damages to Somali immigrant Bilan Nur who was fired after she showed up for work in a headscarf, in violation of her supervisors' orders. Alamo had taken no steps to attempt to accommodate Nur's religious needs.

Spokane Diocese Exits Bankruptcy

The Catholic Diocese of Spokane, Washington formally emerged from bankruptcy reorganization last Thursday according to the Washington Post. Now the $48 million settlement with 175 clergy abuse victims must be raised. Insurance companies have forwarded $20 million to a bankruptcy trustee; $18 million is being raised through sales of property and contributions from Catholic entities and loans; the diocese's 82 parishes are raising $10 million.

En Banc Review Sought In 9th Circuit's Snowbowl Development Decision

According to KVOA Tuscon, the federal government and owners of the Arizona Snowbowl have petitioned the U.S. 9the Circuit Court of Appeals for en banc review of a 3-judge panel's decision in Navajo Nation v. United States Forest Service. The panel held that proposed use of treated sewage to make artificial snow at an expansion of the Snowbowl ski resort would impose a substantial burden on the religious exercise of Navajo and Hopi Indian tribes, in violation of the Religious Freedom Restoration Act.

IRS Issues Guidance and Report On Church Political Activity

The Internal Revenue Service has just issued Revenue Ruling 2007-41 giving guidance to non-profit organizations, including churches, on interpreting the tax code’s prohibition on intervening in political campaigns. It gives 21 different examples of permitted and prohibited activities. Three of the examples relate specifically to churches, though other are relevant to churches as well. The examples that focus on churches involve a minister's endorsing of a candidate at a non-church sponsored press conference; a candidate speaking at church services; and a church using its web site to support a political candidate who is also a fellow church member.

The IRS has also issued a report on its 2006 Political Compliance Initiative.

Christian Area In Indonesia Wants Bible-Based Law

Sunday's Jakarta Post reports on a new development in Indonesia where a number of regencies and cities with Muslim majorities have adopted bylaws based on Sharia. In response, politicians in the predominantly Christian regency of Manokwari are proposing a group of Bible-based ordinances. One of the proposed provisions would ban non-Christian dress—responding to the situation in certain Muslim areas where non-Muslim women are tacitly required to wear Muslim dress to show mutual respect. The proposal has angered Muslim leaders and been rejected by the Indonesian Bishops Conference and the Communion of Indonesian Churches. However there has been no formal public reaction by the country's Home Affairs Ministry.

En Banc Review Sought In 9th Circuit's Snowbowl Development Decision

According to KVOA Tuscon, the federal government and owners of the Arizona Snowbowl have petitioned the U.S. 9the Circuit Court of Appeals for en banc review of a 3-judge panel's decision in Navajo Nation v. United States Forest Service. The panel held that proposed use of treated sewage to make artificial snow at an expansion of the Snowbowl ski resort would impose a substantial burden on the religious exercise of Navajo and Hopi Indian tribes, in violation of the Religious Freedom Restoration Act.

Wall Street Journal Profiles Politically Powerful Iranian Shrine

This weekend's Wall Street Journal carries a lengthy report on Iran's Shrine of Imam Reza, titled Inside Iran's Holy Money Machine. Here are excerpts:

The shrine has for centuries intermingled faith and money, collecting donations of cash, land, jewelry and works of art from the devout. Today, it is not only Iran's most sacred religious site but also, by some reckonings, the Islamic republic's biggest and richest business empire…. The dual role … helps explain how the power of Iran's aging clerical elite endures, nearly three decades after the 1979 Islamic Revolution.

The Imam Reza Shrine is part of a cluster of bonyads, nominally charitable foundations with huge holdings…. They publish no accounts and, in most cases, answer only to Iran's supreme leader, Ayatollah Ali Khamenei. This status gives bonyads an independent authority outside Iran's formal state bureaucracy and checks the power of elected officials….

Challenge To Closing of NY Catholic Church Rejected

In Church of Our Lady of Vilna v. Archbishopric of New York, (NY Sup. Ct., May 29, 2007), a New York trial court rejected a challenge to a decision by the Archdiocese of New York to close a church that originally served the Lithuanian immigrant community because of declining attendance. The court held that plaintiffs lacked standing to challenge the closing because the rector and the two plaintiffs who claimed to be board members of the Church had been replaced. That replacement, carried out by hierarchical church authorities, was an ecclesiastical decision beyond the power of civil courts to review. The court similarly rejected a challenge to the removal of church property by the new rector because church bylaws give the rector and the Archbishop control over the property.

Text of Lina Joy Dissent Available

Malaysia's Federal Court has now posted the full text of the dissenting opinion in the Lina Joy case involving civil court jurisdiction to determine whether a conversion out of Islam should be placed on an individual's identification card. (See prior posting.) The majority opinion has not yet been placed online. I will update this posting when it becomes available.

Surgeon General Nominee Criticized For Votes On Church Council

President Bush's nominee for U.S. Surgeon General, University of Kentucky professor Dr. James W. Holsinger, has come under fire by the director of Soulforce Lexington, a group that opposes the use of religion to limit rights of gays, lesbians, bisexuals and transgendered individuals. Today's Lexington Herald-Leader says the group is concerned about Dr. Holsinger's votes as a member of the United Methodist Church's Judicial Council. That body rules on disputes involving church doctrine. A a member of the 9-member Council, he opposed a decision to permit a practicing lesbian to be an associate pastor, and he supported a pastor who excluded an openly gay man from church membership. However, Holsinger's pastor, the Rev. David Calhoun, said: "Fears that he would not be fair or compassionate in distributing health care to gay and lesbian individuals is totally unfounded and ludicrous. Jim cares about people no matter who they are. He's not going to turn anybody down."

IRS Questions Political Activities of Wichita Church

A Wichita, Kansas church has received inquiries from the Internal Revenue Service about political activity inconsistent with its status as a tax exempt Section 511(c)(3) organization. Today's Wichita Eagle reports that Pastor Mark Holick of Spirit One Christian Center says that he has responded to 31 questions raised by the IRS. Among IRS concerns are its distribution of voter guides, a speech at the church by Kansas Attorney General Phil Kline during his campaign, and postings on the church marquee criticizing candidates for governor and attorney general for taking political contributions from an "abortionist". The church has issued a somewhat intemperate press release on the matter indicating that it will hold a news conference today.

U.S. Magistrate Is New Head of Catholic Bishops' Review Board

Catholic News Service reported yesterday that a Dayton, Ohio federal Magistrate Judge has been appointed to a two year term as chairman of the U.S. Bishops' National Review Board. The Board is charged with overseeing the Bishops' compliance with the 2002 Charter for the Protection of Children and Young People. The new chairman, Judge Michael R. Merz, has been a member of the Review Board since 2004. He says that the Board's priorities are completing an "causes and context" study that is underway, auditing current programs, and recommending a set of "best practices" to the Bishops.

In Baghdad, Islamists Impose Dress Code and Taxes On Non-Muslims

Journal Chretien reported on Wednesday that in Iraq, an undated letter from Muqtada al-Sadr's Mahdi army orders Christian women in Baghdad to wear veils. The letter says that the Virgin Mary was veiled, so Christian women should be too. Those who refuse must be educated by their father, husband or guardian, and then be forced to stay at home so they do not interact with men if they still will not wear a veil. The letter concludes by saying that "special committees have been established to follow up on this matter."

The Journal also reports that last month in Baghdad, al-Qaeda moved into the predominantly Assyrian Dora neighborhood and demanded payment of the jizya, the tax that the Quran says all Christians and Jews must pay. Those who did not pay were told to give a daughter or sister in marriage to a Muslim.

NY Transit Driver Fired For Rejecting Uniform On Religious Grounds

Earth Times reports that a female bus driver was fired Tuesday by the New York Transit Authority because she refused to wear either pants or a culotte, which are the standard uniforms for drivers. Tahita Jenkins told her supervisor that wearing these violates her Pentecostal religious principles, presenting a written request from her pastor that she be permitted to wear a skirt instead. Now Jenkins is considering legal action.

British Cardinals Say Pro-Choice Politicians Should Not Seek Communion

Britain's two highest ranking Catholic leaders-- Cardinals Keith O'Brien and Cormac Murphy-O'Connor-- have said that Catholic politicians who back abortion rights should refrain from receiving Holy Communion. According to today's London Telegraph, Murphy-O'Connor, the leader of Catholics in England and Wales, said: "The long-standing tradition of the Church teaches that anyone who freely and knowingly commits a serious wrong (that is, a mortal sin) should approach the Eucharist only after receiving faithfully the Sacrament of Penance."

US Airways Moves To Dismiss Imams' Lawsuit

Responding in court to a suit filed against it last month by six imams removed from a flight out of Minneapolis, U.S. Airways says it "is required to adhere to the main points of the Transportation Security Administration's Common Strategy regarding security threats in the aviation context." Reporting on the airline's court filling, today's Washington Times says that US Airways argued that it is protected so long as its discretion was exercised "in good faith and for a rational reason".

Inconsistent Parade Rules Bother California Sikhs

In Bakersfield, California, inconsistencies between city and Kern County parade ordinances are posing problems for local Sikhs. Yesterday's World Sikh News says the problem is over where Sikhs may hold nagar kirtan religious parades. City rules limit parades to five specific locations, but county officials think that this is too restrictive on Sikhs' religious freedom.

Brownback Clarifies His Stance on Evolution

Republican presidential contender Sam Brownback writes an interesting op-ed in today's New York Times titled What I think About Evolution. The piece is an attempt to clarify the byte from the Republican candidate debates in which he was one of the candidates who indicated he did not believe in evolution. He says the choice is not between believing in evolution and accepting a literal interpretation of Genesis. He says faith and science should not be driven apart. Summarizing his position, he says: "If belief in evolution means simply assenting to microevolution, small changes over time within a species, I am happy to say, as I have in the past, that I believe it to be true. If, on the other hand, it means assenting to an exclusively materialistic, deterministic vision of the world that holds no place for a guiding intelligence, then I reject it."

Suit Challenging Wm. & Mary Wren Chapel Cross Change Is Dismissed

An alumnus of College of William & Mary has lost his lawsuit (brought pro se) challenging the new policy put in place by the school's President and Board of Visitors regarding the display of a cross in the Wren Chapel on campus. The cross is now displayed in a glass case along with a plaque explaining the state school's Anglican roots. This follows an initial controversial decision to display it only when requested by a group using the chapel and on Sundays. In Leach v. Nichol, 2007 U.S. Dist. LEXIS 38763 (ED VA, May 29, 2007), the court held that plaintiff lacked standing. His only allegation of actual injury was that he "suffered pain and weeping" after the initial decision to remove the cross.

The court held further that even if plaintiff had standing, he did not demonstrate any violation of his First Amendment rights: "The Wren Chapel remains open for worship, the cross may be displayed on the altar at the request of the Chapel's users, and nothing forbids the plaintiff from bringing a cross or a Bible of his own into the Chapel for use in exercising his religion."

Study Shows Disparities In Asylum Case Results

Today's New York Times reports on a study by three law professors analyzing 140,000 decisions over four years by immigration judges in cases in which petitioners are seeking asylum because of fear of persecution (including religious persecution) in their home countries. The study of 54 immigration courts finds that there are broad disparities in results depending on the location of the court and the gender and professional background of the judge.

Churches Concerned About New Requirements For Tax Benefits In Northern Ireland

Legislation being drafted in Northern Ireland will require all charities to show that they further the "public benefit" in order to retain the right to get tax benefits they now enjoy-- receipt of 30% tax back from donations by taxpayers. Belfast Today reported on Tuesday that some churches are concerned about how the Charity Commission will interpret the new requirement. Christian groups promoting cross-cultural evangelism or those pressing for Biblical views on sexual mores and relationships are concerned that they may have difficulty meeting the new test.

Challenge To Food Distribution Ordinance Settled

A lawsuit (see prior posting) challenging a Jacksonville, Florida city ordinance that requires a permit in order to hand out food to the homeless has been settled. The Florida Times-Union reported last week that Michael Herkov will drop the lawsuit, and, in exchange, the city will enact a new ordinance that will exempt religious activities from the city's permit requirements for handing out food. The new ordinance would exempt "any person motivated by bona fide religious beliefs" protected by state and federal laws from the regulation. The city will also pay Herkov's legal fees. [Thanks to Jacqueline Dowd for the lead.]

Malaysian Convert Lina Joy Loses Appeal In High Court

In a 2-1 decision, Malaysia's Federal Court ruled today that Lina Joy, a Muslim convert to Christianity, must get permission from a Sharia court in order to have her religion changed on her identification card. The Associated Press and Reuters both report on the long-awaited decision from Malaysia's highest civil court. Writing for the majority, Judge Ahmad Fairuz upheld the refusal by the National Registration Department to change Joy's identification card. He said: "She cannot simply at her own whims enter or leave her religion. She must follow rules."

Dissenting, Judge Richard Malanjum, the only non-Muslim on the panel, said that it was unreasonable to require Joy to go to a Shariah court because she could face a fine or sentence to a rehabilitation center for apostasy by that court. He wrote: "In my view, this is tantamount to unequal treatment under the law."

Shariah courts in Malaysia have jurisdiction over civil, family, marriage and personal rights of the country's Muslims. A DPA report on the case points out that Islamic courts in each of Malaysia's 14 states have different rules. Only one state has provisions for Muslims to convert. Joy herself is in hiding with her Catholic fiance. So long as her conversion is not recognized, she can marry her fiance only if he converts to Islam. (See prior related posting.)

Georgia Court Says Harry Potter Books Can Stay In School Library

In suburban Atlanta yesterday, according to the Associated Press, a Superior Court judge upheld the refusal by the Gwinnett County school board to remove Harry Potter books from school libraries. Laura Mallory, a parent of two school children, had requested removal of the books, saying they promote witchcraft. Part of Mallory's argument in yesterday's hearing-- at which she represented herself-- was that since witchcraft is a religion, keeping the books in the library violates the Establishment Clause. That argument, however, is hardly consistent with another statement by Mallory: "I have a dream that God will be welcomed back in our schools again." The local school district and the state board of education had both previously rejected Mallory's request, saying that the books spark student creativity and imagination. The court held that the evidence presented supported the school's decision to leave the books in the library. (See prior related posting.) [Thanks to Jack Shattuck for the lead.]

Supreme Court Interprets Filing Deadline Narrowly For Title VII Pay Cases

Yesterday's U.S. Supreme Court Title VII pay discrimination decision, while involving sex discrimination, applies equally to religious discrimination claims. In Ledbetter v. Goodyear Tire & Rubber Co, Inc., (Sup. Ct., May 29, 2007), the court, in an opinion written by Justice Alito, held that the 180 day period for filing a discrimination claim with the EEOC runs from the last discriminatory act. The 180-day period in a pay discrimination case does not begin anew with each paycheck just because the check reflects the adverse impact of prior discrimination. Four justices dissented in an opinion written by Justice Ginsburg, arguing that pay disparities are different from other kinds of adverse action because they may take a long time to discover. The New York Times reports on the decision.

Catholic Day Care Center Wins RLUIPA and Equal Protection Challenges

In Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., May 22, 2007), a Michigan appellate court-- hearing an appeal for a second time-- held that a Catholic Montessori day care program should be permitted to operate in an area zoned for office parks. Plaintiff claimed that the denial of permission to operate the school violated RLUIPA and the equal protection clause. The Court of Appeals agreed, reversing a contrary finding by the trial court. The trial court had held that other suitable property was available for the school. The Court of Appeals said that the trial court erred in holding that real estate costs could not place a substantial burden on plaintiff's religious exercise. The Court of Appeals also said it was clear that plaintiff could not afford available alternate properties. Furthermore, a variance had previously been granted for a secular day care center at the same location. The Court of Appeals said that refusing it here would amount to a denial of equal protection. [Thanks to Brian D. Wassom for the lead.]

In Boston Mosque Dispute, Both Parties Drop Lawsuits

A long-running legal dispute over the construction of a mosque by the Islamic Society of Boston is mostly over as parties agreed to drop competing lawsuits. The Boston Herald reported yesterday that Boston resident James Policastro will drop appeals of his Establishment Clause challenge to the discounted sale of land by the city of Boston to the Islamic Society. In turn, the Islamic Society will drop a defamation and civil rights suit it has filed against mosque opponents and member of the media who reported on the dispute. This will permit construction of the mosque to move forward. However, the David Project, says it will continue to pursue a lawsuit against the Boston Redevelopment authority seeking documents about the sale of the land. (See prior related postings.)

Line Drawing Is Difficult On Graduation Prayer In Michigan Case

A report in yesterday's Christian Post shows that line drawing on Establishment Clause issues continues to be difficult. A Comstock Park, Michigan high school student, Nick Szymanski, was killed last October when he was accidentally electrocuted painting a house. Symanski, who was a member of the school choir, had a favorite song-- The Lord's Prayer. The choir wants to sing it in his memory at graduation on Thursday. It would also present a second, non-religious piece as part of its performance.

The choir sang The Lord's Prayer earlier this year at a concert to raise funds for Szymanski's funeral and during a winter school concert. School officials, however, say that commencement is different-- there is more of a captive audience. That is what the Supreme Court said in a 1992 decision. Counsel has advised Comstock Park school officials that the song should not be included. (Grand Rapids Press). Disagreeing with that advice, the Alliance Defense Fund sent school officials a letter last week arguing that the performance is permissible, saying that under the circumstances it would not be seen as an endorsement of religion.

Northern Ireland Faces "Reverse Religious Discrimination" Charges

Affirmative action in recruitment for Northern Ireland's Police Service has led a Protestant leader-- Lord Laird of Artnagarvan-- to charge religious discrimination. A report yesterday by Catholic World News explains that starting in 2001, as part of the peace process, half of all new openings in the Police Service have been set aside for Catholics. The set-aside was aimed at increasing the confidence of Catholics in law enforcement. They had previously held less than 10% of the police positions.

Christian Coalition Suing Break-Off Group In Alabama

Today's Montgomery Advertiser reports on a bitter split in Alabama between two Christian political groups. Last year, John Giles, then head of the Christian Coalition of Alabama, split off from the national Christian Coalition and changed the name of the Alabama organization to Christian Action Alabama. The move followed decisions by the national group to expand its agenda to include support for labor and environmental issues. The national Christian Coalition then decided to rebuild its own chapter in the state and appointed Randy Brinson as president. Brinson has brought suit in state court alleging that the assets now controlled by Giles really belong to the Christian Coalition. He claims that Giles wrongly kept the group's mailing list and website URL. The two competing groups are currently lobbying on opposite sides on pending gambling legislation in the Alabama legislature, with Giles charging that Brinson's Christian Coalition has been subverted by gambling interests.

Muslim Cleric In Kashmir Opposes Army Aid In Renovating Mosques

In the Indian state of Jammu & Kashmir, the army has been helping to construct and renovate community service buildings such as schools, hospitals, and sports and entertainment venues. However one aspect of their work has created controversy. They have been building and repairing Islamic religious places. Now the grand mufti of Jammu & Kashmir has issued a fatwa saying that Islamic law bans non-Muslims from constructing, reconstructing or renovating any mosque or shrine. Greater Kashmir has much of the text of the ruling. He also ruled that no donation can be accepted from a non-Muslim for religious affairs. He urged the people to pay the army back the money it has already spent on the construction. ZeeNews today reports that the fatwa has been endorsed by the Muslim Personal Law Board and Nadwatul Ulama Jammu and Kashmir. Hurriyat leader Mirwaiz Umer Farooq said that the Army's efforts wree an attempt to dilute the Kashmiri culture and religion.

Recent and Upcoming Books of Interest

University of California Press:

• Donald E. Miller & Tetsunao Yamamori, Global Pentecostalism: The New Face of Christian Social Engagement, (Sept. 2007).
• John J. DiIulio., Jr., Godly Republic: A Centrist Blueprint for America's Faith-Based Future (Oct. 2007).

Rutgers University Press:

• Kate McCarthy, Interfaith Encounters in America, (March 2007).
• Lynn Schofield Clark, Religion, Media and the Marketplace, (March 2007).

University of Michigan Press:

• Angela D. Dillard, Faith in the City- Preaching Radical Social Change in Detroit, (2007).

Georgetown University Press:

• David L. Clough & Brian Stiltner, Faith and Force- A Christian Debate about War, (May 2007).
• J. Matthew Wilson (ed.), From Pews to Polling Places- Faith and Politics in the American Religious Mosaic, (Oct. 2007).
• Irene Oh, The Rights of God- Islam, Human Rights, and Comparative Ethics, (Nov. 2007).
  

Ugandan Religious Leaders Oppose Domestic Relations Reform

Uganda has ratified the United Nations Convention on Elimination of All Forms of Discrimination Against Women. In an attempt to carry out its terms, Parliament has been attempting to reform its marriage and divorce laws. However so far both the Muslim and Christian communities have opposed the Domestic Relations bill-- and Parliament has been unable to pass it, according to a report yesterday by the East African Standard. Muslim leaders say that the bill is inconsistent with Islamic law in several ways. It does away with required parental consent for marriage; and it allows polygamy only with the existing wife's consent. The Federation of Women Lawyers in Uganda says that less controversial parts of the bill should be enacted quickly so that pressing issues like alimony, property distribution, child support and cohabitation could be dealt with.

Malaysia's High Court Will Rule Wednesday On Reach of Islamic Courts

On Wednesday, Malaysia's Federal Court, the country's highest tribunal, will be announcing a decision that will be crucial in determining the role of Islamic law in the country. The Associated Press reports on the long-awaited decision. The case involves Lina Joy, who renounced Islam and converted to Christianity. After she converted, she applied for a name change on her identity card. The National Registration Department made the change, but refused to change her religious designation. When she appealed, the lower courts told her that only a Sharia court could pass on whether she could convert. Lina Joy however argues that under the country's Constitution she has the right to choose her religion, and that once she decided to become a Christian, she should no longer be under the jurisdiction of Islamic courts. (See prior posting.)

Joy's attorney, Benjamin Dawson, says: "Our country is at a crossroad. Are we evolving into an Islamic state or are we going to maintain the secular character of the constitution?" If Joy loses, apparently she could be prosecuted in Islamic courts for apostasy.

Diocese's Firing Of Youth Protection Advocate Upheld

In O'Connor v. Roman Catholic Church of the Diocese of Phoenix, 2007 U.S. Dist. LEXIS 38141 (D AZ, May 24, 2007), an Arizona federal district court dismissed a Title VII claim, finding that the termination of a Youth Protection Advocate by the Diocese of Phoenix was within the statutory exception that permits religious employers to discriminate in favor of members of their faith. Jennifer O'Connor claimed that her termination was triggered by her disagreement with the way in which the Diocese was handling a particular sexual abuse case. However the court found that a stated requirement of her position was that she be "an active practicing Catholic who is in full communion with the Church". It accepted the Diocese's contention that O'Connor was terminated because she had recently married outside the Catholic Church, holding that it is a matter of religious interpretation as to whether that was a violation of the requirement to remain in full communion with the Church. Having dismissed the federal claim, the court declined to exercise jurisdiction over a related state law claim.

Recent Law and Religion Articles

From SSRN:
Christopher Borgen, Triptych: Sectarian Disputes, International Law, and Transnational Tribunals in Drinan's Can God and Caesar Coexist?, St. John's Legal Studies Research Paper No. 06-0074.

From SmartCILP (in part):
Karima Bennoune, Secularism and Human Rights: A Contextual Analysis of Headscarves, Religious Expression, and Women's Equality Under International Law, 45 Columbia Journal of Transnational Law 367-426 (2007). (Article abstract).

Mark C. Weber, Services for Private School Students Under the Individuals with Disabilities Education Improvement Act: Issues of Statutory Entitlement, Religious Liberty, and Procedural Regularity, 36 Journal of Law & Education 163-210 (2007).

Eric Alan Isaacson, Assaulting America's Mainstream Values: Hans Zeiger's Get Off My Honor: The Assault on the Boy Scouts of America, 5 Pierce Law Review 433 (2007).

Memorial Day Connects Government With Religion

The legal framework for setting today as Memorial Day-- and connecting it to prayer-- is found in President Bush's Proclamation titled Prayer for Peace, Memorial Day, 2007, issued earlier this month. The Proclamation points out that:

Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

However the President's Radio Address on Saturday that focused entirely on Memorial Day was entirely a secular tribute to America's war dead.

As Melissa Rogers has pointed out, a new church-state issue has emerged as Task Force Patriot USA, an evangelical Christian group, for the first time became a sponsor of the annual Memorial Day weekend Salute to the Troops at Stone Mountain Park in Georgia. Originally this year's Salute was billed as an official U.S. Air Force 60th Anniversary event. However, after objections were raised by Americans United for Separation of Church and State, the Air Force issued a statement saying it is not a sponsor of the event. It said that after becoming aware of the religious nature of scheduled activities, it began taking steps to avoid the appearance of endorsement or preferential treatment of any religious faith. (Washington Post).

The Air Force will still do jet fly-overs of the park this weekend, but will only do two of them instead of the originally scheduled nine, and will not schedule them to coincide with religious events at the Salute. (Atlanta Journal Constitution.) The Army's Silver Wing Parachute Team is no longer participating in the event at all.

New York Teen Charged With Religious Hate Crime For Attack On Sikh Student

In Queens, New York on Friday, a 17-year old was charged with violation of New York's Hate Crimes Act for forcibly cutting off the hair of a 15-year old Sikh student whose religious beliefs required him to wear his hair long. A report by 1010WINS says that the two students were trading insults at Newton High School when the 15-year old offered to apologize. The older boy said that only cutting the younger boy's hair would be an apology. He then dragged the Sikh student into a rest room, threatened him, pulled off his turban and cut off his hair, while two other students acted as lookouts. Queens District Attorney Richard A. Brown said the actions were an attack on the 15-year old's fundamental religious beliefs and on his freedom to worship.

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.