Pastor's Trial Delayed Until MN Supreme Court Rules On Clergy Sex Statute

In Winona, Minnesota last Thursday, the criminal trial of Rev. Donald Dean Budd was postponed until the Minnesota Supreme Court hands down its ruling on the constitutionality of the state's statute that criminalizes sexual conduct between a member of the clergy and someone receiving spiritual or religious advice from the minister. Friday's Winona Daily News reports that Budd has been charged with 10 counts of criminal sexual conduct for his relations with a woman he was counseling. On April 10, the Minnesota Supreme Court heard arguments in Minnesota v. Bussman (case summary), challenging Minn. Stat. § 609.344, subd. l(ii) on vagueness and Establishment Clause grounds.

Recent Prisoner Free Exercise Cases

In Jones v. Richwine, 2007 U.S. Dist. LEXIS 44800 (SD IN, June 18, 2007), an Indiana federal district court rejected a free exercise claim by a maximum security inmate who was not permitted to attend group church services, but was permitted to meet individually with a chaplain or minister.

In Smith v. McDonough, 2007 U.S. Dist. LEXIS 44577 (MD FL, June 20, 2007), a Florida federal district court dismissed as frivolous a free exercise challenge to grooming regulations of the Florida Department of Corrections. The challenge was filed by an inmate who claimed to be a practicing Rastafarian whose religious beliefs require him to wear a beard and long hair.

In McCree v. Pocock, 2007 U.S. Dist. LEXIS 44594 (ND GA, June 19, 2007), a Muslim prisoner claimed that his rights under RLUIPA were violated when prison officials refused to permit him to transfer between pods on Fridays in order to participate in Jumu'ah prayers. A Georgia federal district court refused to grant summary judgment for either party, holding that "a genuine issue of fact exists as to whether the Defendant has engaged in the least restrictive means of furthering its compelling government interest in the safety and security of its facility. If the Plaintiff is able to demonstrate that Jumu'ah requires an Imam or at least two other Muslims, the Defendant must prove that its policy of prohibiting the transfer of Muslims on Fridays and refusing to place the Plaintiff in a housing unit with at least two other Muslims is the least restrictive means of furthering its compelling interest."

In Singleton v. Morales, 2007 U.S. App. LEXIS 13931 (9th Cir., June 11, 2007), the 9th Circuit in a brief opinion affirmed a district court decision rejecting a Muslim prisoner's free exercise claim because the prisoner "did not raise a genuine issue of material fact as to whether his Koran was so damaged that he was prevented from practicing his religion." The prisoner failed to exhaust his administrative remedies on another claim-- that his Koran had been confiscated. (See prior related posting.)

In Washington v. Fannon, 2007 U.S. Dist. LEXIS 42860 (ED CA, June 13, 2007), a California federal Magistrate Judge recommended rejection of a free exercise claim by a Muslim prisoner who claimed he was prevented from participating in the Ramadan fast when officers removed food from his Ramadan food tray. The only evidence in the record involved failure to receive a cup of coleslaw on one occasion.

Court Invalidates Selective Religious Exemptions In Ohio's Public Employee Law

In Katter v. Ohio Employment Relations Board, (SD OH, June 21, 2007), an Ohio federal district court declared a portion of Ohio’s public employee collective bargaining law unconstitutional under the Establishment Clause. Ohio Revised Code 4117.09(C) provides that certain employees who object to union membership on religious grounds may instead contribute an amount equal to union fees to a nonreligious charity. The exemption, however, applies only to members of a bona fide religious body that has historically held conscientious objections to joining or financially supporting labor unions. The court held that this favors members of groups such as the Seventh Day Adventists and Amish Mennonites, while it discriminates against individuals such as Carol Katter, a Roman Catholic, whose objections are based on the union’s support for abortion rights. The court issued a declaratory judgment and enjoined the Ohio Employment Relations Board from applying the statute.

In reaching its conclusion, the court rejected arguments that plaintiff lacked standing and that the case was moot because the union had ultimately made accommodations for Katter. The court also recognized that its action does not assure that Katter will be awarded an exemption under Ohio law, but that she may well be entitled to accommodation under Title VII of the federal 1964 Civil Rights Act.

Vietnam President In US Is Pressed On Religious Freedom Concerns

During his current trip to the United States, Nguyen Minh Triet, the first Vietnamese president to visit the U.S. since the Vietnam War, is being pressed by members of Congress and the President on religious freedom issues. In a statement yesterday after meeting with Triet, President Bush said:

I also made it very clear that in order for relations to grow deeper that it's important for our friends to have a strong commitment to human rights and freedom and democracy. I explained my strong belief that societies are enriched when people are allowed to express themselves freely or worship freely.

In his response, Triet said:

Mr. President and I also had direct and open exchange of views on a matter that we may different [sic], especially on matters related to religion and human rights. And our approach is that we would increase our dialogue in order to have a better understanding of each other. And we are also determined not to let those differences afflict our overall, larger interest.

Today's Washington Post reports on the two leaders' exchange. The Associated Press reports that in a private meeting between Triet and senior members of Congress, lawmakers also emphasized their concerns with human rights in Vietnam.

North Carolina Will Not Appeal Case Permitting Any Holy Text For Oaths

The North Carolina Attorney General's office has announced it will not appeal a trial court ruling permitting religious texts other than the Christian Bible to be used to swear in witnesses and jurors in North Carolina courts. The Winston-Salem Journal reports on the decision not to appeal last month's ruling. The trial court held that as a matter of North Carolina common law, an oath could be administered on whatever text the witness or juror found most sacred and obligatory. (See prior posting.)

Greece, NY Town Board To Continue Unrestricted Invocations

The Town Board of Greece, New York plans to stick with its practice of permitting invited clergy to deliver invocations prior to the beginning of Board meetings, despite objections from the ACLU about the specific references to Jesus in some of the prayers. The Rochester (NY) Democrat and Chronicle reported yesterday that the Board selects clergy to invite from those they find in a local newspaper's listing of local religious services. All of those invited so far have been Christian, but town Supervisor John Auberger says that if someone from another faith wants a pre-meeting prayer from that tradition, the Board would make efforts to accommodate the request.

Meanwhile Friday’s Democrat and Chronicle published op-ed pieces on both sides of the issue – one from local ACLU director Gary Pudup and the other from Rev. Robert Brado, a local Christian minister.

Saudi Religious Police Come Under Increasing Scrutiny

Two stories published this week have indicated growing objections in Saudi Arabia to activities of the country's Commission for Promotion of Virtue and Prevention of Vice—the official police who enforce Islamic legal restrictions. On Thursday, The Economist reported that the press and public have increasingly complained about excessive zeal by the religious police —with some individuals actually suggesting that the Commission should be abolished. For the first time, one woman is demanding compensation for injuries suffered in an accident when agents recklessly drove her to headquarters for questioning. However, according to The Economist, the Commission serves the useful purpose of helping to solve the high unemployment problem in the country and absorbing the oversupply of Saudis who have obtained degrees in religious studies.

Meanwhile, Friday's Washington Post reports that three members of the religious police will stand trial today in the death of a former border patrol guard who died in their custody after being arrested for inviting a woman unrelated to him into his car. Officials are also investigating another death—this one of a man accused of possessing large amounts of alcohol. He died after being handcuffed and beaten by Commission police. Authorities are investigating other incidents as well. [Thanks to Jefferson Gray for the lead.]

UPDATE: The AP reported on Sunday that the trial of the 3 religious police force members has been postponed temporarily because documents presented by the victim's family were incomplete.

British Women Who Wear Niqab Featured

This morning's New York Times carries a front page article on the increasing number of Muslim women in Britain who are wearing the niqab-- the full-face veil and black gown covering the entire body except for a slit for the eyes. The Times comments: "Their appearance, like little else, has unnerved other Britons, testing the limits of tolerance here and fueling the debate over the role of Muslims in British life." The women interviewed for the article give religious, political and personal reasons for their decisions to wear the niqab.

Mennonnite Farmer Sues Claiming Animal ID System Infringes His Religious Beliefs

Yesterday, the Alliance Defense Fund filed suit in state court on behalf of Mennonite farmer, James Landis, challenging the requirement imposed by the Pennsylvania Department of Agriculture that Landis obtain a federal premise identification number in order to continue to ship his Muscovy ducks to live bird markets in New York City. (Press release). The requirement is the first step in a National Animal Identification System that is being developed to better trace diseased animals. Landis believes that any numbering system imposed on him violates the command in Revelation Chaps. 13-14 to avoid the mark of the beast. The complaint (full text) in Landis v. Wolff alleges that the Agriculture Department's demand violates Landis' right to the free exercise of religion protected by the Pennsylvania Constitution (Art. I, Sec. 3) and by the Pennsylvania Religious Freedom Protection Act.

White House Rally on July 4th To Call For Pagan Military Chaplain

On the 4th of July, a group of pagan religious leaders will lead a rally in Lafayette Square, across from the White House, to call for the appointment of a Pagan military chaplain and request approval of more Pagan religious symbols by the Department of Veterans Affairs. A news release carried yesterday by PR Newswire says that among the speakers will be Rev. Marcia Drewry of Sacred Well Congregation who led the first Wiccan Open Circle in Iraq in 2003. Additional information on the rally is available at the Pagan Religious Rights Now website.

ADF Defends Sectarian Legislative Prayers In Ohio

As previously reported, the Ohio House of Representatives has guidelines calling for invocations offered by invited clergy to be non-denominational, non-sectarian and non-proselytizing. Now at the request of Ohio Rep. Diana M. Fessler, the Alliance Defense Fund (press release) has submitted a memo concluding not only that sectarian invocations are constitutional (so long as government does not exploitatively promote one religion to the exclusion of others), but also that the Ohio House Guidelines for Guest Ministers are unconstitutional because they require clergy to submit their invocations for approval 72 hours in advance. ADF also submitted a model policy on opening invocations that it suggested the Ohio House adopt.

British High Schooler Sues For Right To Wear "Chastity Ring"

In Britain, a 16-year old high school student, Lydia Playfoot, is filing suit against her West Sussex high school because it refuses to permit her to wear a "chastity ring". InTheNews today reports that teachers at the Millais School placed Lydia in "isolation" after she refused their request that she remove the ring that she began wearing after attending an event sponsored by The Silver Ring Thing, a religious organization that promotes abstinence until marriage among teenagers. The school has a "no jewellery" policy. Lydia claims the school's action violates the Human Rights Act protection of her right to practice her religion. The school, however, says that the ring is not an integral part of the Christian faith.

NM Coach Settles Religious Discrimination Suit Against Him

The Associated Press reports that New Mexico State University football coach Hal Mumme yesterday announced a settlement in a lawsuit brought against him and and the University charging religious discrimination and infringement of the free exercise of religion. The suit had been filed by four former Muslim football players who claimed that Mumme created an atmosphere hostile to Islam and pressed team members to recite the Lords Prayer after practice and before games. Both parties have agreed to keep the terms of the lawsuit settlement confidential for six months. (See prior related posting.)

OR Supreme Court To Hear Divorced Parents' Fight Over Son's Circumcision

According to a report yesterday by the Associated Press, the Oregon Supreme Court has agreed to review a case in which divorced parents are arguing over whether their 12-year old son who wishes to convert to Judaism can be circumcised. (See prior posting.) The father, James Boldt, who has custody of the boy and who has himself converted to Judaism, wants the boy to be circumcised. He claims that as custodial parent, he has the right to raise his son in his religion. The boy's mother says her son is afraid to tell his father that he objects to the procedure.

Alevi Seek Separate Recognition In Turkey

In Turkey, in a hearing earlier this week, the Cem Foundation appealed a refusal by the Prime Minister's Religious Affairs Directorate to recognize Alevism as a separate religious group. In the case, argued before Ankara's 6th Administrative Court, Alevi leaders want the government to register cem evleri as a house of prayer, allocate positions in the Religious Affairs Directorate to Alevi leaders and allocate funds for Alevi religious practices. The Religious Affairs Directorate argues, however, that Alevism is merely a sect within Islam, and is not a separate religious group. Today's Zaman reports on the case, and says that Alevi leaders plan to appeal to the European Court of Human Rights if they lose in the Administrative Court.

MO Court Allows Workers Comp Despite Religious Refusal of Blood Transfusion

In Wilcut v. Innovative Warehousing, (MO Ct. App., June 19, 2007), a Missouri appellate court reversed a decision by the state's Labor and Industrial Relations commission that had denied death benefits under the Workers Compensation Law to a Jehovah's Witness who had died as the result of refusing a blood transfusion. Floyd Wilcut was a truck driver who had been seriously injured in an accident. His life could have been saved if he had not refused the transfusion on religious grounds. His employer, after initially beginning to pay benefits, terminated them arguing that under the statute, no benefits were payable because Wilcut's death was the result of his "unreasonable refusal" to submit to medical treatment. The Court of Appeals disagreed, holding that Wilcut's "refusal was not unreasonable in light of his beliefs."

ACLU Demands Removal of Jesus' Picture From Lousiana Courthouse

The lobby of the Slidell, Lousiana City Court prominently features a picture of Jesus, with an inscription under it reading "To know peace, obey these laws". Today's New Orleans Times-Picayune reports that the ACLU of Louisiana has written court officials demanding that the picture be removed. The letter says that the picture violates the Establishment Clause, arguing that "The only possible purpose of the display in your courthouse is to convey a religious message." The ACLU says that it will file suit if the picture is not removed.

UPDATE: Slidell court officials say they need time to consult an independent constitutional expert on the legality of the Jesus portrait, and so will be unable to meet the one-week deadline for removing it set in the ACLU's letter. The Times-Picayune reports, however, that Joe Cook, state ACLU director, says a lawsuit will be filed if the deadline is not met.

UPDATE: Saturday's Times-Picayune shows a photo of the disputed portrait-- a 16th century Russian Orthodox icon showing Jesus holding a Bible with two quotations in Russian. They are from John 7:24 and Matthew 7:2 that call for judging fairly.

UPDATE: On Monday, the ACLU agreed to extend its deadline for filing suit in order to give Slidell City Judge Jim Lamz more time to study the issue. (June 26 Times-Picayune).

Evidentiary Issues Raised In Defamation Suit Against Pastor

The Monterey County (CA) Herald reported yesterday on interesting evidentiary issues that are being raised at a defamation trial brought by Rayn Random, a former parishioner, against Rev. William Martin, pastor of Monterey's St. John's Chapel Episcopal Church. Random says the pastor told other church members that she sexually pursued, stalked and harassed him. Judge Susan Dauphine has ruled that Random will not be permitted to introduce evidence of ecclesiastic decisions at trial. So she may not offer evidence about being denied communion during an Ash Wednesday church service and eventually being told she was no longer welcome at the church. Less clear is whether she will be able to tell jurors that subsequently church officials called police and had her removed from church premises for trespassing. The judge said that action was not ecclesiastic, but left open the problem of how it could be explained to jurors without telling them that Random's church membership had been revoked.

Plaintiff In Famous Religious Liberty Case Dies

Roy R. Torcaso, plaintiff in a landmark U.S. Supreme Court religious liberty case, died in suburban Washington, DC on June 9, according to today's Wahsington Post. In the 1961 decision in Torcaso v. Watkins, the Supreme Court invalidated Maryland's requirement (then found in its state constitution) that Torcaso declare a belief in God in order to become a notary public.

New British Group Will Defend Muslim Conversion

Tomorrow in Britain, a new organization will be launched-- the Council of ex-Muslims of Britain. Today's London Telegraph reports that the group plans to plans to speak out against Islamic states that still punish Muslim apostates with death, as called for by Islamic law. Countries still imposing the death penalty for conversion are Saudi Arabia, Yemen, Iran, Sudan and Afghanistan. The new group is sponsored by the British Humanist Association and the National Secular Society.

Russian Court Rejects Challenge To Religious Organizations Law

In Russia, the Minsk City Court has rejected a challenge to the Law on Freedom of Conscience and Religious Organizations that requires congregations to obtain permission to hold religious services at residential premises. Protestant pastor, Antony Bokun, who was fined for holding an unauthorized service, argued that the law was inconsistent with both Russia's constitution and international law. Charter'97 yesterday reported on the decision.

San Diego Episcopal Diocese Sues To Regain Property Of Three Parishes

In its continuing battle with breakaway congregations, the Episcopal Diocese of San Diego this week filed lawsuits against three parishes-- St. Anne's, Holy Trinity and St. John's-- to regain property of the churches. Episcopal News Service quotes diocese spokesman Canon Howard Smith, who said: "We have a fiduciary responsibility to care for all the assets of these congregations, including church records, historical documents and buildings." (See prior related posting.)

State's Use of Faith-Based Juvenile Detention Facility Challenged In Court

The Freedom From Religion Foundation announced yesterday that it has filed a federal lawsuit against the North Dakota Department of Corrections and Rehabilitation, as well as against a county social services department, claiming that their referral of children to the religiously-based Dakota Boys and Girls Ranch violates the Establishment Clause. Children are committed without their consent to the Ranch by county social service agencies or the North Dakota Department of Juvenile Services. The referring public agencies pay for the care of those they send to the Ranch, using taxpayer funds. The complaint in Freedom From Religion Foundation v. Bjergaard (full text) , filed on behalf of North Dakota taxpayers, says that the Lutheran-sponsored Ranch attempts to modify the behavior of children by directing them to find faith in Jesus Christ. It alleges that "Christian beliefs and standards are integrated into the fabric of treatment services provided by the Dakota Boys and Girls Ranch."

Battles Over Chreches On Public Property Begin Early This Year

The "Christmas wars" are beginning early this year. Yesterday's New York Sun reports that in Queens, New York, City Council member Tony Avella is asking the New York City Department of Education to change its policy so that nativity scenes can be displayed in schools. Avella is scheduled to disclose the exact language of his proposal on Sunday at City Hall. At that time he will hold a press conference along with representatives from the Catholic League for Religious and Civil Liberties and the Ladies Ancient Order of Hibernians. Current school policy permits only secular Christmas symbols, but permits menorahs for Hanukkah and the star and crescent for Ramadan.[CORRECTED] (See prior related posting.)

Meanwhile, according to today's Royal Oak (MI) Daily Tribune, residents of Berkley, Michigan, are seeking the return to property outside city hall of a nativity scene that was removed last year. Residents are circulating a petition to place an amendment to the city charter on the November ballot that would reverse the decision made last year to remove the creche from city property and display it on a rotating basis at local churches.

Brownback Apoligizes For Staffer's Anti-Mormon E-Mail

Republican presidential hopeful Sen. Sam Brownback has apologized to fellow-candidate Mitt Romney for an e-mail sent out by one of Brownback's staffers claiming that Mormons are not truly Christians. Yesterday's Salt Lake Tribune reports that Brownback's southeast field director in Iowa, Emma Nemecek, used her perosnal AOL account to send the e-mail to a dozen people. Brownback also plans to apologize to leaders of the LDS Church for the incident. Both Rudy Giuliani and John McCain apologized earlier this year when their staffers distributed or made anti-Mormon comments.

Detroit Area Church Sues Housing Commission For Discrimination

The New Life Family Church is suing the River Rouge, Michigan Housing Commission for religious discrimination after the Commission voted last week to stop renting the city's Hyacinth Court Community Center to the start-up congregation for it to use for Sunday worship services. Today's Detroit News reports that the Commission ignored the advice of its general counsel and decided that it did not want the Center used for religious worship. However, the church is not immediately without a place to congregate. A Wayne County Circuit Court issued a temporary restraining order on June 15, permitting the church to remain in the Center pending a hearing on a preliminary injunction set for June 28. Lawyers representing the church have also issued a press release on the case.

Indian Candidate Creates Controversy By Opposing Veils

Dawn reports today that Muslim leaders in India are calling on Prime Minister Manmohan Singh to drop his support of the moderate Hindu governor of Rajasthan, Pratibha Patil, for election to the largely ceremonial post of president. Patil angered Muslims when, last week end, she urged women to end the practice of wearing the veil. She said the practice of wearing it started in the 16th century when women were trying to save themselves from Mughal invaders. Many historians say the practice actually began earlier than that. The presidential election is in July, and nominations can be made until June 30.

Taking of Church Property By Eminent Domain Upheld

A Broward County, Florida Circuit judge has ruled that the county can use its eminent domain power to take property leased by a church for the county to use to build a drug treatment center. Yesterday's Miami Herald reports that the county decided on the land before the church leased the then-vacant property, but church signed its lease with an option to buy just before the county filed its eminent domain petition in court. The court concluded that the taking did not violate Florida's Religious Freedom Restoration Act, holding that the church's exercise of religion will not be substantially burdened by being forced to move.

Tomorrow Is National Day of Prayer For Native American Sites

Tomorrow, June 21, has been designated by the Morning Star Institute as the 2007 National Day of Prayer to Protect Native American Sacred Places. In Washington, DC, the day will be marked by an observance on the Capitol grounds. Indian Country Today reports that the annual event was begun five years ago as a way to seek Congressional legislation that would create a cause of action to protect Native American sacred places. Events marking the day will also be held at a number of locations around the country.

North "Dakota City Moves 10 Commandments Monument

Fargo, North Dakota city commissioners voted 3-2 on Monday night to remove a 10 Commandments monument from public property next to city hall and instead place it on private land. The Fargo Forum reports today that the move follows Council's unanimous rejection of an offer from the Red River Freethinkers to put up a monument near the Ten Commandments that would contain a quote from a 1796 US-Tripoli treaty: "The government of the United States of America is not in any sense founded on the Christian religion." Voting to move the 10 Commandments monument, Councilman Mike Williams said: "Religion is too important for politics, and that's why we need to make a change here."

UPDATE: Today's Fargo Forum reports that religious activists are circulating an initiative petition that would add a section to Fargo's City Code requiring the 10 Commandments monument to remain on public property where it has stood for many years. Meanwhile the city is accepting proposals from private parties who would like to have the monument placed on their land. It will decide on a location on July16.

Italian Prosecutors Investigating "Da Vinci Code" Film

In Italy earlier this year, a group of clergy filed a complaint against the film, The Da Vinci Code. The Washington Post reported yesterday that the state prosecutor's office now says it will open a criminal investigation into the film to determine whether it is "obscene" from a religious perspective. If the film, originally released over a year ago, is found to violate Art. 528 of Italy's Penal Code, defendants could face jail time and fines. However the defendants cannot be extradited from abroad to face these charges.

President Attends National Hispanic Prayer Breakfast

Last Friday, President George W. Bush spoke (full text of remarks) at the National Hispanic Prayer Breakfast in Washington. The President said that he appreciated "the opportunity to be with Hispanic American pastors and priests and community leaders and faith-based activists from all over the United States. " He thanked them for inviting him and for their "abiding faith in the power of prayer". Many of his remarks focused on immigration reform.

New Zealanders Oppose Queen's Title of "Defender of the Faith"

In New Zealand, a group that is pressing for a an elected head of state for the country to replace the British monarch's serving in that role, issued a press release on a survey published this week. The poll by Research New Zealand revealed that most New Zealanders are opposed to recognizing Christianity as the state religion in the country and are also opposed to one part of the Queen's title-- the phrase "defender of the faith". Under the Royal Titles Act 1974, her full title is: "Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith".

Cert. Denied In Libel Suit By Church Group Against Encyclopedia

Today the U.S. Supreme Court denied certiorari in The Local Church v. Harvest House Publishers (Case No. 06-1520) (June 18 Order List), a case on the scope of the "ecclesiastical abstention" doctrine and other First Amendment doctrines as they apply to defamation actions that arise in a religious context. In the case, a Texas state court of appeals, rejected a libel claim by a group of churches against a publisher and two authors who included "The Local Church" in The Encyclopedia of Cults and New Religions. (See prior posting). Extensive primary materials and commentary on the case are posted on Contending for the Faith website.

When Are Bilingual Charter Schools Too Religious For State Sponsorship?

Yesterday's South Florida Sun Sentinel reports on the controversy surrounding a new Hebrew/ English bilingual charter school that will open this fall in Hallandale, Florida. Some argue that the school's plan of operations at least comes close to violating principles of church-state separation. The school's principal will be a rabbi, and its curriculum will include Jewish history and culture. However, Susan Onori, the charter school coordinator for the Broward School Board, says that while the school will be in a Jewish Center, many of Broward's 48 charter schools are in churches and temples. The school will follow the same calendar as all public schools. Onori says that all religious symbols are to be covered during the day. Also, the school is already over-enrolled, so it must select students through a lottery, which will help create diversity. This controversy echos a controversy surrounding an Arabic/English charter school opening in New York this fall.

Can State Protect Children From Religious Approaches At County Fair?

Liberty Counsel last week pointed to a interesting change in policy that it convinced the Canyon County (Idaho) Fair & Festival Board to make. The Board had imposed restrictions on two religious organizations renting booths at the upcoming county fair. Contracts with the Child Evangelism Fellowship (CEF) and with the Gideons had originally restricted the groups from offering their materials to children unless the child's parent was also present. After a demand letter from Liberty Counsel arguing that these restrictions violated the religious groups' freedom of speech, the Board relented and provided new contracts without the restrictions. So now, as in past years, CEF will offer face painting and literature with a Christian message to children at the fair, to be held in July.

Group Issues Report On Religious Right's Influence In Texas

The Texas Freedom Network has recently published a report on The State of the Religious Right: 2007, God’s Lawgivers? Carrying the Water for the Religious Right in Texas Government. The organization's press release on the report describes it as:

the TFN Education Fund’s second annual report on the religious right’s powerful influence in Texas. Inside the report you will find:

• A comprehensive history of proposed state legislation relating to key parts of the religious right's agenda, including promoting private school vouchers, opposing responsible sex education, attacking stem cell research and censoring public school textbooks.

• A listing of Texas groups associated with the religious right, including data on each group’s finances, leadership and activities.

• An analysis of the 2006 Texas Republican Party platform

• A compilation of some choice quotes attributed to far-right leaders and elected officials in 2006.

Indonesian Christian Women Released Early From Prison

Ekkleisa reports that earlier this month, Indonesian authorities released from prison three Christian women who, in a much-publicized case, had been jailed for violating the country's Child Protection Code that bans converting children through tricks, lies or force. They had been convicted of operating a "Happy Sunday" program that attracted Muslim children, as well as Christians. The program included Christian songs, games and Bible studies. The women were released after serving two years of their three-year sentence. (See prior related posting.)

Danish Official OK's Muslim Practices For Judges, Attorneys

The president of the Danish Supreme Court, Torben Melchior, has ruled that there is no problem with female Muslim judges wearing headscarves in court. Nor is there any objection if they refuse to shake hands with men. Radiance Viewsweekly, reporting on an article in the June 5 Jyllands-Posten [Danish version], quotes Melchior as saying that the country needs more immigrants, including believing Muslim women, to become judges and barristers. "It would benefit integration and our legal system. Judges and lawyers must be recruited from the population as a whole, in order to assure that all backgrounds and points of view are represented," he said.

Performance Of IN Social Service Agency Chaplain Raises More Than Church-State Issues

As previously reported, last month a federal lawsuit was filed challenging the constitutionality under the Establishment Clause of the hiring of a chaplain by Indiana's Family and Social Service Administration. Now the Indianapolis Star reports that, separate from the lawsuit, there are substantial questions about the Rev. Michael Latham's performance as that chaplain. First there are questions about Latham's relatively high salary. Also, he does not appear, after 21 months, to have followed through on his main responsibility, which was to organize a network of volunteer clergy to counsel FSSA employees. Also Latham does not meet the qualifications required generally for state chaplains hired by Indiana prisons and hospitals. He graduated from high school unable to read, eventually learning to read from tutors in his church. He has never attended college or a seminary and has no training n counseling. However, Latham was active in the 2004 campaign of Indiana's now-governor, Mitch Daniels. Latham appeared in Daniels' campaign ads, and at a campaign news conference criticized the minority-hiring practices of then-Democratic Gov. Joe Kernan. Latham and FSSA Secretary Mitch Roob defend Latham's performance in his new position.

Queen Knights Rushdie; Iran Says This Shows Anti-Islamism

BBC News reported on Friday that Salman Rushdie, author of The Satanic Verses, has been knighted by Queen Elizabeth. His name appeared on the Honours List , which cited him for his services to literature. His book aroused great controversy in the Muslim world. He went into hiding in 1989 after after an Iranian fatwa, accompanied by a bounty on his head, put him under threat of death. In 1998, the Iranian government said it would no longer support the fatwa, and Rushdie emerged from hiding. However some Muslim groups consider the fatwa still in force. In a press conference today, according to the AP, Iran Foreign Ministry spokesman Mohammad Ali Hosseini criticized the Queen's move, saying: "Awarding a person who is among the most detested characters in the Islamic society is obvious proof of anti-Islamism by ranking British officials."

UPDATE: The AP reported on Monday that Pakistan's parliament passed a resolution demanding Britain withdraw the knighthood awarded to Rushdie, while in the Pakistani city of Multan, students burned the Queen and Rushdie in effigy, and chanted "Kill Him! Kill Him!"

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.