Recent Scholarly Articles of Interest

From SSRN:
Carolyn M. Evans, Religious Freedom and Religious Hatred in Democratic Societies, (Univ. of Melbourne Legal Studies Research Paper No. 236).

Carl H. Esbeck, When Accommodations for Religion Violate the Establishment Clause: Regularizing the Supreme Court's Analysis, (West Virginia Law Review, Vol. 110, No. 1, Fall 2007).

From Bepress:
Paul E. McGreal, Social Capital in Constitutional Law: The Case of Private Norm Enforcement Through Prayer at Public Occasions, (May 2007).

From SmartCILP:
Ezekial Johnson & James Wright, Are Mormons Bankrupting Utah? Evidence from the Bankruptcy Courts, 40 Suffolk University Law Review 607-639 (2007).

Heba A. Raslan, Shari'a and the Protection of Intellectual Property--the Example of Egypt, 47 IDEA 497-559 (2007).

Symposium on Pope John Paul II and the Law. Foreword by Elizabeth R. Kirk; articles by Gerald J. Beyer, Renato Raffaele Cardinal Martino, Gregory R. Beabout, Mary Catherine Hodes, Michael Lower, Christopher Tollefsen and Most Rev. Nicholas DiMarzio. 21 Notre Dame Journal of Law, Ethics & Public Policy 1-214 (2007).

MD Court Says Organist Not Excluded By Title VII "Ministerial Exception"

In Archdiocese of Washington v. Moersen, 2007 Md. LEXIS 348, (MD Ct. App., June 14, 2007), a Maryland state appellate court, in a 2-1 decision, held that William Moerson, formerly an organist for St. Catherine Laboure Parish Catholic church, can pursue a Title VII employment discrimination claim against the church. The court held that his job position is not covered by the "ministerial exception" to Title VII. The majority wrote: "Moersen was not required to have any specialized knowledge of the Catholic faith…. [H]is lack of knowledge of many aspects of the Catholic faith did not prevent him from doing his job…. Moersen was not the 'voice' of the church. It was the Cantor that led the Parish and choir in song, and Moersen merely accompanied him. Not only did he not preach or inculcate values, he did not decide how the message was expressed. He was not … in a teaching role, in a position where his own beliefs affected his ability to perform his job."

Judge Harrell, dissenting, argued that "Moersen's position was of a ministerial nature…. A position entailing the performance of religious music, for a church during its religious services, to a religious end cannot possibly be perceived as anything but religious."

Judge Confirms Jury's Findings Against Florida Homeless Shelter

On Friday, a Palm Peach County, Florida Circuit Court judge refused to overturn a jury's verdict handed down in February finding that the county had a compelling interest in applying its zoning ordinances to a homeless shelter operated by Westgate Tabernacle. Westgate claimed that the county infringed its religious freedom by interfering its housing the homeless. The Palm Beach Post reports that Circuit Judge David Crow's opinion says: "there was substantial and competent evidence presented that the ordinances and codes in question do serve a compelling state interest in promoting health and safety".

Army Chaplain's Bible Study Guides Create Controversy

Jews on First this week has a long posting on a controversy over study guides used in Bible study classes for US soldiers conducted by the Protestant chaplain at the Ft. Leavenworth, Kansas Army Base. Some of the study materials, posted for a while on the Command Chaplain Bible Studies website, appear to disparage Judaism.

Religious Belief No Defense To Order To Restore Competency To Stand Trial

In United States v. Smith, 2007 U.S. Dist. LEXIS 42839 (D KS, June 12, 2007), a federal district court judge was able to reject, largely by way of language in a footnote, a pre-trial detainee's religious objections to being required to take anti-psychotic medications in order to restore his competency to stand trial. The detainee, Isaac Smith, claimed that one reason he did not want to take the medication was that God had healed him. In a footnote, the court said: "defendant does not suggest how a court order ... would prohibit his free exercise of religion. Further, the Court finds that the government's compelling interest in prosecuting this serious crime outweighs any First Amendment interest that may exist here."

Do Public Accommodation Laws Limit Ability To Carry Out Shunning?

Suits filed yesterday by the Arizona Attorney General against two restaurant owners raise the interesting question of how far members of religious groups can go in implementing a religious decision to excommunicate or "shun" a fellow member without violating civil rights laws. According to the Associated Press the lawsuits charge the restaurant owners, who are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, with refusing to serve Isaac Wyler and Andrew Chatwin who were excommunicated in 2004 by then-FLDS leader Warren Jeffs. One of the suits claims that FLDS members are taught to shun Jeffs opponents. (AP) The restaurants are located in Colorado City, Arizona, one of the centers of the FLDS Church-- best known for its continued practice of polygamy. Commenting on the suit, a representative of the Arizona Attorney General's office said that refusing to serve Wyler and Chatwin because they are not FLDS member violates Arizona law: "The law in Arizona says that if you operate a place of public accommodation, you cannot refuse service based on religion." The suits seek damages and a court order prohibiting future discriminatory conduct.

Tennessee AG Says Grants To Churches Violate Establishment Clause

On Monday, Tennessee's legislature passed the state budget bill, HB 2353, containing provisions for Community Enhancement Grants that the Secretary of State may award to charities, non-profit organizations and governmental agencies. The grants can be used for public safety activities, educational initiatives, cultural activities, or community development activities. (Tennessean, Chattanooga.com). However, an opinion issued by the state's Attorney General at the request of a legislator effectively eliminated the possibility of awarding such grants to churches. Opinion No. 07-94 said that it would be a violation of the Establishment Clause to give such grants to churches, or pervasively sectarian youth groups affiliated with churches, without specific instructions on how the funds are to be spent. However, it said, any attempt to monitor restrictions on use of grant funds might create a risk that the state would become excessively entangled with the day-to-day operations of these religious organizations, also an Establishment Clause violation. [Thanks to Blog from the Capital and to Jack Shattuck for the leads.]

New Commission To Study Church-State Relations In Czech Republic

The Prague Post reports that on May 30, Czech Republic Culture Minister Václav Jehlička created a six-member Commission for Church-State Relations to develop a plan to compensate churches for confiscated property and to formalize the relationship between church and state. In 1948, officials in then-Communist Czechoslovakia took control of the Catholic church in the country. It confiscated Church property and began paying the salaries of priests. Today, when over half of the country's population claim to be atheists, taxpayers are still subsidizing the salaries of Catholic clergy. The Catholic Church also wants the new Commission to look into entering an agreement with the Vatican to spell out the role of the Church in the Czech Republic. All other European countries have such an agreement.

2nd Circuit Allows 9-11 Detainee to Proceed With Religious Discrimination Claims

Yesterday in Iqbal v. Hasty, (2d Cir., June 14, 2007), the U.S. 2nd Circuit Court of Appeals refused to dismiss a number of constitutional claims, including claims of religious discrimination and interference with religious practice, brought by a Pakistani Muslim who was detained after 9-11 in Brooklyn, New York's Metropolitan Detention Center. In the suit which is seeking damages for civil rights violations, the court refused to find that the facility's former warden had qualified immunity as to plaintiff's claim that he was not allowed to attend Friday prayers, that prison guards banged on his door when he tried to pray, and that his Koran was routinely confiscated. The court also refused to dismiss on qualified immunity grounds claims against Attorney General John Ashcroft, and FBI Director Robert Mueller that they targeted him for mistreatment and classified him as a detainee of high interest solely because of his race, ethnicity and religion. Yesterday's Washington Post discusses the decision.

Chinese Officials Demolish Buddhist Statue At Monestary

The International Campaign for Tibet reports that a 30 foot statue of the 8th century founder of Buddhism in Tibet-- Guru Rinpoche (Padmasambhava)-- donated by Chinese Buddhists to Tibet's Samye monastery, was demolished by Chinese People's Armed Police last month. A regulation adopted in China in 2005, and in the Tibet Autonomous Region this year, prohibits construction of "large-size outdoor religious statues" by individuals or organizations "other than religious bodies, monasteries, temples, mosques and churches." Even when erected by a religious body, both Tibetan and Chinese religious affairs officials would need to approve.

Justice Department Increasingly Focusing On Religious Rights Cases

This morning's New York Times carries a long front-page article on a shift in emphasis by the Bush Justice Department's Civil Rights Division. Cases challenging religious discrimination or seeking to vindicate religious rights are getting more attention, while hate crimes cases and cases involving dilution of voting rights of African Americans are being brought less often. Cases under the Victims of Trafficking and Violence Protection Act of 2000 against individuals bringing women into the U.S. to work in brothels have also been emphasized. The article reports that these cases are particular favorites of employees with religious backgrounds who see them as combating a form of slavery. The article reports that there has been an increase in staff hiring from religiously-affiliated law schools, and it charges that political appointees have steered annual merit bonuses to religiously-oriented employees. [Thanks to Steven H. Sholk for the lead.]

Appeal Filed in 10th Circuit Over Exclusion of Sectarian Schools From Aid Program

Yesterday, Colorado Christian University filed an appeal with the U.S. 10th Circuit Court of Appeals in its dispute with the Colorado Commission on Higher Education over the exclusion of pervasively sectarian schools from the state's tuition assistance program for college students. In Colorado Christian University v. Baker, a federal district court upheld the exclusion, finding that it furthered the ban in Colorado's state constitution on aid to any college or university controlled by any sectarian denomination. A press release by CCU announcing the appeal points out the Department of Justice filed an amicus brief in the district court supporting CCU's argument that its exclusion amounted to religious discrimination by the state.

Texas Governor Signs Student Religious Expression Law

KCBD News reports that on Monday, Texas Governor Rick Perry signed into law HB 3678, the Religious Viewpoint Anti-Discrimination Act. (See prior posting.) The new law sets out a model policy for schools to use in protecting religious speech by students and requires schools to establish a limited public forum for student speakers at school events. Under the Model Policy, this includes football games, opening announcements and graduation ceremonies. It also assures students the right to include religious expression in class assignments and to form extracurricular religious groups on an equal basis with those seeking to create non-religious organizations.

In signing the bill, Perry said: "Education is about open-mindedness and learning from one another's thoughts and philosophies. Therefore we cannot - and should not - shield or discourage our children from expressing religious views in school. Stifling discussion in order to appease a secular-only environment will prevent students from growing both academically and personally."

Arizona School Voucher Program Upheld

In Cain v. Horne, (AZ Super. Ct., June 13, 2007), a Maricopa County, Arizona Superior Court judge held that the state's school voucher program does not violate the Arizona constitution's ban on appropriating public funds for religious instruction or for private or sectarian schools. Yesterday's Arizona Star reports on the decision and reaction of the parties to it.

IRS Asked To Investigate RI Diocese Because of Anti-Giuliani Editorial

Americans United for Separation of Church and State yesterday announced that it had sent a letter to the Internal Revenue Service asking it to investigate whether the Roman Catholic Diocese of Providence, R.I. had become improperly involved in electoral politics in violation of restrictions on Section 501(c)(3) tax-exempt organizations. In a May 31 editorial, Bishop Thomas J. Tobin, writing in the Rhode Island Catholic, attacked Republican presidential hopeful Rudy Giuliani's views on abortion rights, and saying that he is therefore turning down an invitation he received to a Giuliani fundraiser.

Court Rejects Muslim Officer's Challenge To Police Uniform Requirements

In Webb v. City of Philadelphia, (ED PA, June 12, 2007), a Pennsylvania federal district judge rejected a Title VII religious discrimination claim by a Muslim police officer who wanted to cover her head for religious reasons with a khimar ("a traditional garment ... which covers the hair forehead, sides of the head, neck, shoulders and chest"). She planned to tuck the lower portion inside her police shirt and wear her police hat. The court held:

Prohibiting religious symbols and attire helps to prevent any divisiveness on the basis of religion both within the force itself and when it encounters the diverse population of Philadelphia.... Police Directive 78 is designed to maintain religious neutrality, but in this case in a para-military organization for the good not only of the police officers themselves but also of the public in general. Under the circumstances, it would clearly cause the City an undue hardship if it had to allow plaintiff to wear a khimar.

The court also rejected plaintiff's claim of a hostile work environment and retaliation. The Associated Press yesterday reported on the decision. [Thanks to How Appealing for posting the opinion.]

Interview With Critic of Evangelism In the Military Published

BuzzFlash yesterday published a long interview with Mikey Weinstein, founder of the Military Religious Freedom Foundation on his book, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military. Focusing on concerns with proselytizing at the Air Force Academy, Weinstein said:

We now have about seventeen active cases going on at the Academy. Over forty-two hundred members of the U.S. military -– Marines, sailors, soldiers, airmen, veterans –- have come talk to us, and roughly 96% of them are Christians. About three-fourths would be traditional Protestants such as Presbyterians, Lutherans, Methodists, Episcopalians, Church of Christ, and Baptists. The other one-fourth are primarily Roman Catholic, with the balance being Jewish, Islamic, Buddhist, Hindu, or Wicken.

Basically you have dominionist evangelical Christians pray/preying -– on non-Evangelical Christians, telling them: You know what? You may think you’re a Christian, but you’re not actually Christian enough. And as a result, you’re going to burn eternally in the fires of hell along with the Jews.

Britain Proposes To Consolidate and Modernize Its Anti-Discrimination Laws

On Tuesday, Britain's Ministry of Justice, Department of Communities and Local Government, published a consultation document on a proposal to consolidate all of the country's anti-discrimination laws into a Single Equality Bill. Among the questions the document raises on religious discrimination are whether the government should ban religious discrimination by private clubs (except those set up for members of a specific religion), and whether organized religion should be able to treat people differently because of gender reassignment. The Guardian reports on reactions from reformers who believe that the proposals in various areas do not go far enough.

Bush Speaks To Southern Baptist Convention Meeting

Yesterday, President George W. Bush spoke via satellite to the Southern Baptist Convention at its annual meeting in San Antonio (full text). He said: "I thank you for your Christian witness, I thank you for your defense of religious liberty, and I appreciate your many good works that make our nation a stronger and more hopeful place." His remarks covered a wide range of issues: judicial appointments, promoting "a culture of life", fighting AIDS and malaria in Africa, and the situation in Darfur. Reporting on the speech, the Baptist Standard said that Bush was given a standing ovation and sustained applause punctuated by whistles and cheers. The Baptist Press coverage of the talk includes a photo of the audience listening to the closed circuit broadcast.

Cert. Denial From April (Not Previously Reported)

Earlier this term, on April 23, the U.S. Supreme Court denied certiorari in Shepp v. Shepp (Case No. 06-9580) (Order List). In the case, the Pennsylvania Supreme Court had refused to order a divorced father to refrain from discussing his religious views that favor polygamy with his daughter whose custody he is sharing. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Sefeldeen v. Alamedia, (9th Cir., June 4, 2007), the U.S. 9th Circuit Court of Appeals held that a Muslim prisoner failed to show that his rights under either RLUIPA or the First Amendment were violated when prison authorities offered him the vegetarian meal plan instead of meals containing Halal meat.

Mobley v. Smith, 2007 U.S. Dist. LEXIS 40229 (WD MI, June 4, 2007), involved a complaint by a prisoner over the delay he experienced in receiving kosher meals after he converted to Judaism. A Michigan federal district court permitted plaintiff to continue with his free exercise claim, though it said it might dismiss it after further facts are developed. It rejected his claim that he suffered unconstitutional cruel and unusual punishment from food deprivation because he ate only fruits and vegetables in order to observe his kosher diet.

In Jeansonne v. Richland Parish Detention Center, 2007 U.S. Dist. LEXIS 40183 (WD LA, April 11, 2007), a Louisiana federal magistrate judge rejected a prisoner's free exercise claim. The prisoner had complained that officials only permitted him to practice his Wiccan religion in his residence dormitory, and not outside it, out of concern about reaction from Christian prisoners.

In Petersen v. Price, 2007 U.S. Dist. LEXIS 40499 (ND WV, June 1, 2007), a federal prisoner complained about his removal from the Bureau of Prisons kosher meal plan. A West Virginia federal Magistrate Judge recommended dismissal of claims against certain of the defendants, finding they were not sufficiently involved. He also recommended dismissal of plaintiff's RLUIPA claims, find that RLUIPA applies only to state and local governments. He found further that officials were justified in removing plaintiff from the meal plan after plaintiff purchased non-kosher food at the prison commissary. Finally he rejected plaintiff's complaint regarding non-kosher lunch bags during lock downs, and rejected plaintiff's retaliation and equal protection claims.

In Smith v. Frank, 2007 U.S. Dist. LEXIS 41243 (ED WI, June 5, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his First Amendment, RLUIPA and state law claims growing out of a prison official's taking a federally protected Eagle feather from plaintiff, who is an enrolled member of a federally recognized Indian tribe.

In Thaxton v. Strode, 2007 U.S. Dist. LEXIS 41247 (WD KY, June 3, 2007), a Kentucky federal district court permitted a Jewish prisoner who was not permitted to attend Muslim worship services to proceed with a First Amendment claim. Plaintiff claims that he goes to all religious services to study God's word and to pray. Jail authorities had denied his request based on "past history of violence/hatred between [the] Muslim [and] Jewish Religion".

Oregon House Passes Workplace Religious Freedom Bill

Last week, the Oregon House of Representatives passed and sent to the state Senate HB 3539, the state's workplace religious freedom act, according to last Sunday's Salem News . The bill requires employer to provide reasonable accommodation to employees' religious observance or practices, requires that employees be permitted use certain leave for religious holidays, prohibits occupational requirements that restrict employees' right to wear religious clothing, to take time off for holy days or to participate in religious observance or practice so long as the activities have only temporary or tangential impact on an employee's ability to perform job functions. The bill also provides that schools do not commit unlawful employment practice by prohibiting teachers from wearing religious dress while engaged in their teaching duties.

Conversion Remains Controversial Legal and Political Topic In India

The issue of religious conversion remains a controversial one in India. India's attorney general, Milon Banerjeein, in an advisory opinion to the governor, has ruled that amendments to the anti-conversion law passed by the legislature of Madhya Pradesh state last year is an unconstitutional violation of citizens' fundamental rights. The governor, Balram Jakhar, has not yet given his approval to the amendments. Indian Catholic reports that the amendments require individuals who wish to convert to obtain prior approval from the local district administration, and require those conducting the conversion to inform the district magistrate one month in advance.

Meanwhile, the Hindu organization, Vishva Hindu Parishad, is urging the president of India to expel all foreign missionaries from the coutnry arguing that the Indian constitution only protects the right of Indian citizens to propagate religious views. The Organiser reports that a memo from VHP to President Dr APJ Abdul Kalam last month also called for a ban on foreign funds coming to missionaries in the country, confiscation of literature that insults Hindu deities, an investigation of activities of foreign missionaries, and a nation-wide law banning conversion by force, allurement or fraud.

Retirement Community Cannot Rely On Tax Exemption Of Baptist Organization

A Danville, Virginia retirement community has lost its battle for tax exempt status. Our Valley.org reports that in a decision released June 8, a Botetourt County Circuit Court judge rejected a claim by the Glebe that because title to its land is held by Virginia Baptist Homes, it may take advantage of a tax exemption granted by the Virginia legislature in 1976. The court said that not all VBH property is exempt, but instead "the specific property for which the exemption is claimed must meet the requirements contained in the exemption granted to VBH".

In Egypt, Fatwas Proliferate-- And Some Are Embarrassing

Tuesday's New York Times carried an interesting piece on the numerous fatwas issued by Muslim religious authorities in Egypt. In the country, two official institutions are responsible for issuing fatwas -- rulings that apply Islamic law to all aspects of life. One of those institutions, Dar Al-Ifta, is formally under the Ministry of Justice. The other is Al Azhar University. There has also been an explosion of other places offering fatwas to those seeking interpretations of Islamic law. The article focuses on some recent rulings that have been embarrassing in light of modern cultural notions.

New Jersey Passes Bill Requiring Pharmacies To Fill All Prescriptions

New Jersey's legislature gave final approval on Monday to S 1195, a bill that requires pharmacies to fill requests for any medication or medical device despite any employee's "sincerely held moral, philosophical or religious beliefs." The Newark Star-Ledger , reporting on the bill's passage, says that it is a response to refusals by some pharmacists to fill prescriptions for birth-control pills and the "morning after" pill.

Military Hearing Officer Rejects Testimony of Monk About Islam

The Los Angeles Times reports that yesterday a preliminary hearing was held at Camp Pendleton, California to determine whether court martial proceedings should be instituted in the case of Lt. Col. Jeffrey Chessani, who is charged with failing to investigate the killing of 24 civilians in Haditha, Iraq. In an unusual evidentiary ruling, Hearing Officer Col. Christopher Conlin refused to permit a Benedictine monk testify about the Islamic religion on the ground that it could cause an adverse reaction among Iraqis when they learned of the testimony.

Complaint Against Church For Political Meddling Dismissed In Mexico

In Mexico on Saturday, the Interior Department dismissed a complaint that had been filed against the Catholic Church accusing it of illegally becoming involved in politics. The charges grew out of the Church's campaign against legalizing abortion in Mexico City. The Associated Press reported yesterday that, despite the dismissal, Church leaders are drawing up proposals to change the law that now bars priests from forming political associations or holding political meetings at churches. Armando Martinez, president of Mexico's Catholic Lawyers College, said that priests should be able to "fully express themselves politically" so long as they do not support political parties or run as candidates.

Czech Government Will Submit Anti-Discrimination Law To Parliament

The Prague Daily Monitor reported yesterday that the government of the Czech Republic has drafted an anti-discrimination law that will be submitted to Parliament. The law prohibits discrimination on the basis of religion (as well as sexual orientation, physical disability, language, political conviction, property, marital status or membership in a political party and trade union). The law was supposed to be adopted by last year as a condition of the Czech Republic's entry into the European Union in 2004. The country faces the possibility of large fines in the European Court for failing to yet adopt anti-discrimination provisions. Last year the Czech Senate defeated a proposed bill.

US Removes Religious Texts From Prison Chapel Libraries

A lawsuit filed by three inmates at a federal prison in Otisville, New York has exposed a new set of rules on religious texts in prison libraries. The Associated Press reported yesterday that the change stem from a 2004 review of how prisons choose Muslim religious service providers. That review grew out of concerns that Muslim inmates were being radicalized. The review led the Bureau of Prisons to conclude that prison chapel libraries were not being adequately supervised, and radical religious books might fall into the hands of violent inmates. The rules now limit prison libraries to between 100 and 150 titles for each religion. Many books previously in the libraries were removed-- Otisville inmates say 600 titles were withdrawn. The number of permitted religious books will be expanded when a new list is drawn up.

Sikhs To Take French Ban On Turban In License Photo To European Court

In France, the United Sikhs Association plans to appeal a December 2006 decision of of the Council of State to the European Court of Human Rights, according to an article yesterday in Expatica. The French government has refused to permit Shingara Mann Singh to wear a turban for a drivers license photo. A 2004 law prohibits wearing conspicuous religious signs in schools and in identity photos. The Council of State ruled that the requirement is not a restriction on freedom of religion, but instead is a security issue.

Changes In the Offing For A NC District's Bible History Course

The Wilmington, North Carolina Star-News carried an interesting article on Sunday describing the popular "Bible History II- New Testament" course currently offered in Pender County (NC) high schools. A minister teaching the course at Topsail High School engages the class in enjoyable competition through a game of Bible Baffle Trivia. Pender County Superintendent Ted Kaniuka is planning to make changes in the courses for next year to avoid parent complaints about proselytization. He said, "we had to make sure the curriculum was not promoting any one religion, and that's tricky because it's difficult to present Jesus' miracles in a secular way." The school board decided to review the courses after determining that current teachers-- who are generally local ministers-- are not licensed teachers and are not paid by the school system.

Egyptian Court Refuses To Disqualify Candidates For Using Religious References

Egypt's Supreme Administrative court on Sunday turned down a request by the National Democratic Party to ban Muslim Brotherhood candidates from running in today's Parliamentary elections, according to the International Herald Tribune. The elections are for the upper house of Egypt's Parliament, the Shura Council. The NDP complained to the electoral commission that Brotherhood candidates have violated new restrictions in Egypt's constitution that bar campaigning using religious references. The Brotherhood uses the slogan: "Islam is the answer", but says it is permitted because Chap. 1, Art. 2 of the Constitution provides that Islam is the main source of Egyptian legislation. Reuters reports that the Supreme Administrative Court found there was no conclusive evidence that the candidates had used religious slogans.

VA Supreme Court Upholds Inmate's Religious Name Change Request

In Stephens v. Commonwealth, (VA Sup. Ct., June 8, 2007), the Virginia Supreme Court held that the lower court had abused its discretion when it refused to permit a Muslim prisoner to change his name for religious reasons. The circuit court had refused the request because the name did not appear to have a religious meaning.

Drafting Committee Says Thai Monks Seeking Official Religion Should End Fast

Thailand's Constitution Drafting Committee on Saturday called on Buddhist monks to end the protest fast they are staging outside Parliament House. The monks want Buddhism to become the country's official religion under its new constitution. The Nation reports that CDC chairman Prasong Soonsiri said the demand is unjustified and the tactic of fasting in protest is contrary to the Buddhist principle of moderation. (See prior related posting.)

Recent Articles Of Interest

From SSRN:
Chaim Saiman, Jesus' Legal Theory-A Rabbinic Interpretation, (June 2007, Villanova Law/Public Policy Research Paper No. 2007-12).

Jude Chua, What is a “Professional”? Ethics and Religion in the Sciences of the Artificial, (May 31, 2007).

Lloyd H.Mayer, Grasping Smoke: Enforcing the Ban on Political Activity By Charities, (First Amendment Law Review, Vol. 6, 2007).

From SmartCILP and elsewhere:
The Winter 2007 issue of Montana Law Review carries three articles on "Intelligent Design": David K. DeWolf, John G. West & Casey Luskin, Intelligent Design Will Survive; Peter Irons, Disaster in Dover; David K. DeWolf, John G. West & Casey Luskin, Rebuttal to Irons. (The articles are discussed at Dispatches from the Culture Wars blog.)

L. Scott Smith, From Promised Land to Tower of Babel: Religious Pluralism and the Future of the Liberal Experiment in America, 45 Brandeis Law Journal 527-572 (2007).

Cert. Petition Filed In 9th Circuit Case on Use of Library Meeting Room

On Thursday, Alliance Defense Fund filed a petition for certiorari with the U.S. Supreme Court in Faith Center Church Evangelistic Ministries v. Glover. (ADF press release.) The case involves the question of whether a Contra Costa County, California public library can make its meeting rooms available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". Last September, by a vote of 2-1 (with 3 different opinions being written), the 9th Circuit said that the library could exclude religious worship.

PBS Church-State Documentary Questioned

PBS has announced that some of its stations will be showing a new documentary this month titled "Wall of Separation". A PBS press release says the show will explore the founding fathers' understanding of the role of religion in state and federal government, which, it says, was "radically different" than today's interpretation. On Friday, Americans United for Separation of Church and State issued a release questioning the objectivity of the documentary. While AU has not been able to obtain a copy to preview, AU says that based on the individuals connected with its filming, "it may be an intentionally warped and inaccurate view of the role of religion in our nation’s founding".

Rabbi's Contract and ADA Claims Dismissed On 1st Amendment Grounds

In Leavy v. Congregation Beth Shalom, 2007 U.S. Dist. LEXIS 41658 (ND IA, May 24, 2007), an Iowa federal district court dismissed disability discrimination and breach of contract claims brought by Rabbi Bonnie Leavy against her former congregation. The court held that adjudicating her complaint regarding her dismissal as rabbi would entangle the court excessively in internal affairs of the synagogue and the manner in which it chooses its religious leader, in violation of the First Amendment's Establishment Clause.

US President Meets Pope In Rome

The Associated Press today reports on President Bush’s stop in Italy after attending the G8 meetings in Germany. Asked at a news conference (full text) in Rome about his meeting with Pope Benedict XVI, here is part of what the President said:

I'll be glad to share some of the private conversation with His Holy Father. First, I'll give you an impression. I was talking to a very smart, loving man…. I was in awe, and it was a moving experience for me.

… He did express deep concern about the Christians inside Iraq, that he was concerned that the society that was evolving would not tolerate the Christian religion. And I assured him we're working hard to make sure that people lived up to the constitution, the modern constitution voted on by the people that would honor people from different walks of life and different attitudes.

… We talked about our attempts to help the people on Africa deal with HIV/AIDS and malaria and hunger. I reminded him that we made a significant commitment to that end…

And I talked to him about our attempts to feed the hungry, and I also reminded him that we've got poor people in our own neighborhood that need to be affected. He talked about immigration. He's watching the immigration debate very closely in America. And I told him I was a person who strongly supports comprehensive immigration reform; that, on the one hand, we'll enforce our law, on the other hand, we need to treat people with dignity. And we had a good discussion.…

Q The Pope has said Iraq was worrisome.

PRESIDENT BUSH: Yes, he's worrisome [sic] about the Christians inside Iraq being mistreated by the Muslim majority. He's deeply concerned about that, and we spent a lot -- spent a fair amount of time talking about it.

While in Rome, Bush also met at the U.S. Embassy with members of the Sant Egido Community, a lay Roman Catholic organization that operates an AIDS program in ten African countries. The program is partly funded by the U.S. Listening to the group’s concerns, Bush said that he would look into making it easier for faith based groups to access US aid funds directly, instead of through foreign governments.

Congress Hears Varied Religious Views On Attacking Global Warming

Last Thursday, the U.S. Senate Committee on Environment and Public Works held hearings on An Examination of the Views of Religious Organizations Regarding Global Warming. The full text of statements presented by seven different witnesses, and written testimony from seven others are available online. While some of the witnesses supported Congressional action on global warming in religious terms, others took a decidedly different position. For example, the testimony of Dr. Russell Moore Dean of the School of Theology Southern Baptist Theological Seminary set out a broad case from the conservative evangelical perspective questioning current moves to deal with global warming and support for them by the religious community. [Thanks to Melissa Rogers for the lead.]

Egyptian Court Upholds Right To Wear Niqab On Campus

The International Herald Tribune reported on Saturday that in Egypt, the Circuit of Unification of Principles, an 11-judge committee of the Supreme Administrative Court, has said that American University in Cairo should not be able to totally ban Muslim women from wearing the full face veil on campus. However, the committee said that women could be required to remove their veil for female security guards to verify their identities before entering campus. The decision by the court committee now goes to the full Supreme Administrative Court for a final ruling. Last November, a lower court ruled in favor of Muslim women challenging the niqab ban. (See prior posting.)

Canadian AG Concerned That Polygamy Charges Will Raise Religious Freedom Issues

This past week in the Canadian province of British Columbia, Attorney-General Wally Oppal appointed a special prosecutor to review whether polygamy charges should be brought against members of the polygamous community in the town of Bountiful. The Province reported on Thursday that the AG is proceeding carefully, partly out of a concern that prosecutions might infringe the group's religious rights.

Free Exercise Challenge To Restriction On Feeding Needy Rejected

In Knauss v. City of Phoenix, 2007 U.S. Dist. LEXIS 41359 (D AZ, June 6, 2007), an individual who was a volunteer and contributor to several church programs to assist the needy challenged a zoning ordinance that precluded a church from serving food to the needy in an unscreened outdoor area in downtown Phoenix. An Arizona federal district court found that plaintiff lacked standing to bring many of his challenges. It found he did have standing to challenge the restriction on free exercise of religion grounds, but rejected that claim on the merits. While the ordinance prevented plaintiff from extending charity as required by his religious beliefs, the restriction was a neutral law of general applicability. The city met the rational basis standard necessary to uphold such an ordinance.

West Virginia Justice Reveals Religious Attacks Against Him In Campaign

Today's Charleston Daily Mail reports that West Virginia State Supreme Court Justice Brent Benjamin spoke publicly last month for the first time about his hard-fought and successful race in 2004 for election to the state's Supreme Court. In the race, outside parties spent millions of dollars on attack ads on both sides. Benjamin said that near the end of the campaign, his opponent's supporters began a whisper campaign questioning Benjamin's religion, saying that his last name was "not a Christian sounding name." Benjamin also pointed out that one of the ads against him charged that he wanted to take God, the Bible and religion out of all aspects of public life. A full transcript and videos of the Annenberg Public Policy Center's conference at which Benjamin spoke is available online. The conference was titled Judicial Campaigns: Money, Mudslinging and an Erosion of Public Trust.

School Will Not Appeal Religious Flier Case

The Student Press Law Center reported yesterday that the Liverpool (New York) Central School District will not file an appeal in M.B. v. Liverpool Central School District, decided last March. (See prior posting.) In the case, a federal district court held that the school district had violated a fourth-grader's First Amendment speech rights by refusing to permit her to hand out Christian religious fliers to her classmates during non-instructional times.

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."