Scalia Will Have Orthodox Jewish Law Clerk In 2008

This week's Forward reports that U.S. Supreme Court Justice Antonin Scalia has selected Yaakov Roth, an Orthodox Jewish Harvard Law School graduate, to be one of his clerks beginning in July 2008. Roth, born in Toronto, says "I can’t think of many approaches to Judaism that are incompatible with the Constitution. I'm generally sympathetic to [Scalia’s] approach...." Roth says that he does not work on the Jewish Sabbath, and that Scalia would likely be sympathetic to that. Reporting last month on Roth's selection, the blog Above the Law said "Rumor has it that Roth has one of the highest GPAs in the history of Harvard Law School. So presumably he's graduating summa cum laude -- which happens once in a blue moon at HLS."

Palo Alto Eruv Proposal Again Generates Controversy

The Jewish community in Palo Alto, California has been trying for eight years to construct an eruv-- a symbolic enclosure of space that permits observant Jews to carry items and push baby carriages between their homes and to synagogues within the enclosed space on the Sabbath. In most cities, the eruv is made up largely of natural boundaries, with gaps filled by fishing line that runs between utility poles. The Forward yesterday reported that many residents of Palo Alto are upset over administrative approval of the eruv recently given by authorities.

In 2000, eruv proponents lost their attempt to obtain a land use permit, after negative reaction at public hearings held by city council. This time around, the proponents' plan avoided using any utility poles. Instead they obtained easements from Stanford University, the California Department of Transportation and the Santa Clara Valley Water District. That route allowed proponents to merely apply for an encroachment permit in a process that does not require a public hearing. Despite 3rd Circuit precedent upholding an eruv against an Establishment Clause attack, many in Palo Alto claim that the eruv violates required separation of church and state.

One outspoken opponent of the eruv, citing "the sneaky way that these folks do things" told the Forward: "We live in a modern, secular, democratic world, and these wackos are trying to catapult us back into a 2,000-years-ago kind of deal.... The big thing at the time was declaring this area Jewish space — absurd! It’s not Christian space, it’s not communist space, it’s not Republican space, it’s not Nazi space. If they want to have religious space, go to synagogue."

No Free Exercise Problem In NY Commission's Action On Catholic Hospital

St. Joseph Hospital of Cheektowaga v. Novello, (NY App. Div., July 18, 2007) involved a challenge to the constitutionality of New York legislation creating a Commission on Healthcare Facilities that made recommendations to the Governor on the streamlining the state's healthcare system. In a 2-1 decision, a New York state appellate court upheld the law. While most of the opinion dealt with due process and separation of powers issues, in part of the opinion the majority held that the Commission's recommendation to close a Catholic hospital did not amount to a violation of the Free Exercise clause of the New York Constitution.

Christian Student Group At Exeter Will Appeal Sanctions To High Court

As previously reported, in Britain, evangelical Christian student groups, known as Christian Unions, find themselves in disputes on a number of college campuses with Students' Unions, the bodies that determine whether a student group will have access to campus facilities and financial support. Yesterday Cross Rhythms reported on developments in the dispute at Exeter University. Last January, the school's Christian Union filed a petition in the High Court challenging the Student Guild's freezing of their funds, excluding them from using university facilities and forcing them to change their name to the "Evangelical" Christian Union. However the University insisted that first the parties go through an internal appeal process, appointing Mark Shaw QC as an independent adjudicator. Now, however, the Christian Union has rejected the adjudicator's decision that upheld the Student Guild's actions and found that the Christian Union was wrong limiting leadership roles to Christians. The Christian Union plans to pursue an appeal in the High Court.

More Details On Federal Censoring of Prison Chapel Libraries Disclosed

As reported last month, the federal Bureau of Prisons has removed many books from prison chapel libraries in order to guard against radicalization of Muslim inmates. Now New York's Jewish Week reports more details, stemming from disclosures at a hearing on May 31 in a suit filed by a Jewish, Christian and Muslim inmate in Otisville, New York. Apparently religious experts of various faiths reviewed the holdings in prison chapel libraries and certified 150 books and 150 audio-video items for each religion. Bureau of Prisons spokesman Michael Truman said that as of June 1, "any books not listed on the standardized list were placed in storage until they can be reviewed for content, currency and condition by SMEs [subject matter experts].... As books are reviewed and certified as free of discrimination, violence and radicalization, the lists for each religion will be updated to incorporate additional books into the standard libraries.... Media that are determined to contain discriminatory, violent or radical material will be discarded."

Jewish prisoner, Moshe Milstein, testified that some 600 Jewish books were removed from the Otisville prison library under the new policy, including many standard classical texts. Both the American Jewish Committee (press release) and four Orthodox Jewish groups have sent letters to the Bureau of Prisons saying that the purging of libraries was an over reaction. The new policy follows a 2006 Senate Hearing at which witnesses warned that Muslim prisoners were being radicalized inside U.S. prisons. (2006 AP Report).

Proposals On Religious Workers Visas Are Criticized

In April, the U.S. Citizenship and Immigration Services proposed to amend regulations governing the granting of special visas for religious workers (72 Fed. Reg. 20442 (April 25, 2007)). It said that studies have shown a high incidence of fraud in applications for religious workers visas under the current regulations. (See prior posting.) Last Friday's Washington Post described some of the proposed amendments and reported on the concerns expressed by a number of religious groups about the proposals. Employers would be required to file petitions in the U.S., and the government would conduct more site inspections. Of greatest concern to many religious groups are the changes in definitions of terms used in the regulations. Hindu and Jain organizations say that examples of religious occupations given in the regulations focus on Christian and Jewish religious traditions. They list cantors, choir directors and ritual slaughter supervisors, but do not list shilpis (Hindu temple stonemasons). Other groups are concerned about the new definition of a "religious denomination" and the regulations' exclusion of administrative positions from coverage. A posting on Political Mavens.com yesterday discussed the proposals further.

British Groups Calls For Change In Handling of Religious Asylum Claims

In Britain, a leading Christian group, the Evangelical Alliance, has called for changes in the way in which the Home Office and courts handle claims for asylum by converts to Christianity who claim they will be persecuted if returned to their home countries. The 1951 Convention Relating to the Status of Refugees may entitle them to stay in Britain. The London Times yesterday reported that the truthfulness of a claim that a person has converted is often tested by the Home Office through asking questions about the applicant's knowledge of the Bible. However, in many countries the Bible is banned so that converts have not had the opportunity to study it in depth. Also inadequate translators sometimes fail to accurately convey the applicant's statements about the persecution he or she will face if deported. In some Muslim countries, conversion from Islam to Christianity is punishable by death.

Officer In Iraq Sues For Conscientious Objector Status

The Associated Press reported yesterday that West Point graduate, Capt. Peter Brown, currently serving in Iraq with the 10th Mountain Division, has filed suit in federal district court in Washington, DC seeking conscientious objector status. Brown said that he became a pacifist after, in the Army, he began attending a civilian religious center in the Netherlands. He is currently working in a non-combat capacity in Baghdad.

NJ Trial Is Scheduled In Russian Orthodox Church Property Dispute

Today's Wall Street Journal reports on a case scheduled to go to trial next month in Atlantic City, New Jersey in which a Russian Orthodox diocese in the United States is suing to take control of the property of the Sviato-Pokrovskiy Russian Orthodox Church and evict 83-year old Adelaida Nekludoff. She took control of the Buena, NJ church in 2004 when her husband, the church's priest, died. In 1917, Russian Orthodox churches outside of the Soviet Union split from the Moscow leadership. However, this year the Church Abroad reconciled with Russian church authorities. Nevertheless, a number of critics think that the Russian church still has too many ties to the Soviet era and to current repressive policies in Russia, and have refused to go along with the 2007 Canonical Communion. Mrs. Nekludoff is one of them. In February 2006, the Russian Orthodox Bishop of Manhattan sued, asking the court to declare that Sviato-Pokrovskiy church property is being held by the parish in trust for the parent body, the Church Abroad. [Dates corrected, thanks to Suzanne Sataline ]. [Thanks to Steven H. Sholk for the original lead.]

Nativity Scene Display Issue To Be On Berkley, Michigan Ballot

The Berkley, Michigan city clerk's office has certified that Christmas Holiday Display advocates have obtained enough signatures to place a referendum on November's ballot. Today's Berkley (MI) Daily Tribune reports that, if approved, the proposal will require the city to display a nativity scene along with secular holiday symbols on city hall property. Last year, after the ACLU challenged the city's traditional display of a nativity scene alone, city council voted to give the creche to the Berkley Clergy Association for display at local churches instead of adding, on a permanent basis, secular items along with the creche at city hall. (See prior posting.)

Charges Dismissed As FBI Refuses Records Relevant To Selective Prosecution Claim

Today's Chico (CA) Enterprise Record reports that a Butte County, California trail judge yesterday dismissed charges of attempted receipt of stolen property that had been brought against Bilal Yasin, a Muslim store owner caught in a sting operation supposedly directed at illegal cigarette sales. The judge held that the refusal of the FBI-- who furnished initial information to local police-- to turn over requested information about the investigation prevented defense counsel from trying to proving his charges of selective prosecution. During the investigation, a federal agent questioned Yasin at length about his religious beliefs and whether he had any connections to terrorist groups.

Columnist Says NY Church Violated Tax Code Limits

Yesterday's Niagara (NY) Gazette carries an opinion piece by Ken Hamilton complaining about a local church's apparent violation of limitations on political activities imposed by the Internal Revenue Code. St. John’s AME Zion Church's bulletin advertised that the Church was holding a $25 per person campaign breakfast for Renae Kimble, who is running for re-election to the Niagara County Legislature. Hamilton asks, "Why would Kimble, not even a member of the church, put this rather educated congregation at risk [of losing its 501(c)(3) status]?"

Cambodia Limits Christian Proselytizing

On Tuesday the Cambodian government distributed an order, dated June 26, prohibiting Christians from promoting their religion in public, or using money or other means to encourage conversion. The Associated Press reports that the proclamation is similar to ones issued in 1999 and 2003. Sun Kim Hun, deputy minister of cult and religion, said that Christians are free to engage in any religious activities within their own churches, but they cannot go door-to-door seeking converts.

British Tribunal Interprets Sexual Orientation Exemptions Narrowly

In the first test (see prior posting) of the scope of the exemptions for religious institutions under Britain's 2003 Employment Equality (Sexual Orientation) Regulations, an Employment Tribunal in Cardiff effectively held that the exemptions do not apply to lay leaders or support staff of the Church of England. (Background article). BBC News reports today that the Tribunal found the Bishop of Hereford violated the anti-discrimination regulations when he blocked the appointment of John Reaney as a youth official, despite a unanimous recommendation by an interview panel that he be given the job, and high recommendations from two other Anglican dioceses where he has been employed. The bishop argued that he would have vetoed anyone who was in a committed sexual relationship outside of marriage-- regardless of their sexual orientation. However, Reaney is not now in a relationship. The Tribunal held that the Bishop should only have considered Reaney's present situation, and not questioned him on his future relationships.

High Point, NC Moves To Non-Sectarian Invocations

Ever since the ACLU of North Carolina earlier this year sent letters to a number of North Carolina cities and counties challenging their practice of opening council meetings with sectarian prayer, governmental bodies around the state have been deciding how to respond. (See prior posting.) On Monday, the High Point, NC City Council voted 9-1 to limit invocations to non-sectarian prayer. It rejected a counter-proposal to rotate the opening prayer among members of council, without restriction on the prayer's content. Tuesday's Greensboro (NC) News-Record reports that many of the 200 citizens attending the council meeting opposed council's decision. The news article also carries a summary of the responses of six other North Carolina jurisdictions to the challenge to sectarian prayer. [Thanks to Blog from the Capital for the lead.]

Harry Potter Launch Time Creates Legal and Religious Issues In Israel

In Israel, the agreement by bookstores to synchronize their launch of J.K. Rowling's newest Harry Potter book with booksellers in the rest of the world has created legal problems. The launch in Israel is to be at 2:01 a.m. Saturday, local time-- during the Jewish Sabbath. However, Israeli law prohibits employers from forcing Jewish employees to work on the Saturday. (Hours of Work and Rest Law, 1951). And, as In Context explains, under Israeli law bookstores in some locations can be open on the Sabbath, while those in other places cannot. According to today's Haaretz, Industry and Trade Minister Eli Yishai has threatened to prosecute and fine any bookstore that opens in violation of the law. Israel's largest bookstore chain, Steimatzky, says it will to go ahead with its planned Friday night celebration in Tel Aviv to launch the new title, Harry Potter and the Deathly Hallows.

British Girl Loses Court Battle to Wear "Chastity Ring" In School

A High Court in London has rejected a suit by a 16-year old high schooler who claims that her school's ban on jewelry violates religious freedom protections of the European Convention on Human Rights. Reuters yesterday reported on the decision that rejected Lydia Playfoot's argument that she should be allowed to wear her silver ring that is a symbol of her commitment to sexual abstinence until marriage. Lydia's parents are leaders in Britain of a group that encourages teenage chastity-- the Silver Ring Thing . Her West Sussex school allows exceptions for jewelry that is integral to religions beliefs, but they argue that Playfoot's purity ring in not integral to her Christian faith. (See prior related posting.)

Alberta Commission Begins Hearing On Charges Of Anti-Gay Provocations

Yesterday in Canada, the Alberta Human Rights and Citizenship Commission began hearing evidence in a case brought by University of Calgary Professor Darren Lund against Rev. Stephen Boissoin. Today's Globe and Mail reports that the charges are based on a letter from the Christian minister published in an Alberta newspaper-- the Red Deer Advocate-- that urged readers to "take whatever steps are necessary to reverse the wickedness" of the "homosexual machine." The letter, published under the caption "Homosexual Agenda Wicked" argued that "enslavement to homosexuality can be remedied." Two weeks later, a 17-year old was beaten by another man who followed him home and said to him, "You're a faggot, right?".

In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.

Australian Court Upholds Decision That Rabbi's Contract Has Expired

In Engel v. The Adelaide Hebrew Congregation, Inc., (S. Austr. Sup. Ct., June 26, 2007), the Supreme Court of South Australia upheld a decision of a lower court that a rabbi's contract with his congregation had expired, and he was obligated to give up possession of property that the synagogue had provided for him. JTA provides more background on the six-month legal battle in the case, as does this prior posting. Rabbi Yossi Engel-- who argues that he has tenure in his position-- contended that the court should have stayed proceedings while his dispute was heard by a Bet Din (Jewish rabbinic court). Originally the synagogue's board refused to submit the matter to the Sydney Bet Din that has jurisdiction over Adelaide, and that Bet Din issued a contempt order against the board. Ultimately the parties agreed to have the case heard by a Bet din in London. The court, however, said: "even if Rabbi Engel has a remedy under Jewish law, which would result in an order under that law that he be restored as rabbi and given possession of the property, this Court would not enforce such an order by injunction or by order for a specific performance."

Court Says College Instructor Can Recover Attorney Fees In Bias Suit

Today's Miami Herald reports that a Florida federal district judge on Friday ruled that a Broward Community College instructor was the prevailing party so that he can collect attorneys' fees in his employment discrimination case, even though the jury awarded him no damages. James W. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. Johnson, who has taught part-time for 13 years, has been consistently passed over for a full time appointment. The jury left a note saying that the college had a ''religious bias that is clearly infecting some of its courses in the religion department.'' However it awarded no damages because it found that, while religion "was a substantial motivating factor" in making course assignments, there may also have been other reasons why the college acted as it did. Johnson plans to appeal the failure to recover damages. (See prior related posting.)

Bahrain To Increase Government Control Of Mosques

Bahrain's Ministry of Justice will issue an order in the near future creating a media department at the Ministry that will be responsible for organizing and supervising mosques. Gulf News today reports that the increased monitoring is aimed at countering the politicization of mosques and the disunity among Muslims that they are creating as their activities have increasingly been controlled by various Islamic factions and groups.

Poland Requires Stores To Close On Catholic Holidays

Poland's Parliament has passed a law prohibiting retail sales on Roman Catholic feast days, as well as on Poland's Constitution and Independence Day. Ecumenical News International reports that the bill, passed earlier this month, requires stores to remain closed on Easter, Pentecost, Corpus Christi, the Feast of the Assumption, All Saints Day, Christmas and New Years' Day. In all, 12 days are covered. Restaurants, hotels, gasoline stations and small stores with single owners are exempt.

Welsh Court Quashes Order To Slaughter Diseased Sacred Bullock

The BBC today reports that a High Court judge in Wales has quashed the rulings made by local officials in Carmarthenshire ordering a sacred Friesian bullock, kept by a local Hindu Temple, to be slaughtered because it tested positive for tuberculosis. (See prior posting.) Monks from the Skanda Vale Temple had filed suit alleging that the order violated their right to practice their religion protected under Section I, Article 9 of the European Convention on Human Rights. Judge Gary Hickinbottom wrote that local officials will now "be obliged to reconsider the public health objectives that underlie behind the surveillance and slaughter policy, and come to a view as to whether, in the reasonable pursuit of those objectives, the slaughter of this animal (or some less intrusive measure) would be proportional given the serious infringement of the community's rights under Article 9 that slaughter would involve."

Group Criticizes House Committee Vote On Abstinence Education As Religiously Biased

A subcommittee of the Appropriations Committee of the U.S. House of Representatives last month approved a $32 million increase in funding for the Community Based Abstinence Education Program, despite a recent study indicating that the program is not successful in changing teen behavior. (In These Times.) Now apparently the full Appropriations Committee has approved the increase as well. This came as Congress last week sent to the President a 6-month extension of the program. The Secular Coalition for America today issued a press release criticizing the Appropriations Committee vote as "an unfortunate continuation of failed policies based on theology rather than fact". It said that the vote reflects "a clear religious bias" and that the programs have been "developed by individuals who put theology above education".

St. Louis Mosque Gets Unexpected Help In Its Rezoning Fight

Today's St. Louis Post Dispatch reports that after the St. Louis County Council rejected a rezoning request by the Islamic Community Center to permit it to build a mosque on property it owns that is zoned only for commercial use, the grandson of a St. Louis area rabbi has joined in the fight to overturn Council's decision. The county's Planning Commission had recommended approval of the rezoning, but in April Council (by a 4-3 vote) surprising rejected the recommendation that the congregation, made up largely of Bosnian immigrants, be permitted to build on the site. That led the mosque to sue under the Religious Land Use and Institutionalized Persons Act. Rick Isserman, who is now helping the mosque, says that his grandfather, Rabbi Ferdinand Isserman waged a similar, and successful, battle 48 years ago to move his synagogue, Temple Israel, from the city to suburban Creve Couer. Temple Israel's current rabbi, Mark Shook, speculated that Council was concerned with losing the tax revenue from the property if it rezoned it to permit a tax-exempt religious institution to be built on it.

Wyoming City To Dedicate 10 Commandments In Monument Plaza

The movement toward erecting Ten Commandments monuments on public property continues. In Casper, Wyoming today the city will dedicate an "historic monument" plaza containing a Ten Commandments monument that was donated to the city in 1965 and was displayed in a city park until 2003 when it was removed under threat of a lawsuit. The new plaza will also feature five other monuments. They depict the Declaration of Independence, the Preamble to the U.S. Constitution, the Mayflower Compact, the Bill of Rights and the Magna Carta. Today's Jackson Hole Star Tribune reports that the city previously rejected an offer by Rev. Fred Phelps of Topeka, Kansas' Westboro Baptist Church to put up a monument declaring that University of Wyoming student Matthew Shepard, murdered because he was gay, is in hell.

Israeli Interior Minister Proposes Change In Religion-State Status Quo

Yesterday's Jerusalem Post reports that Israel's Interior Minister, Meir Sheetrit, has proposed two controversial changes in Israeli law. He wants to limit those who can enter the country and become citizens under the Law of Return to individuals who are Jewish according to halacha (Rabbinic law). Currently the law is broader. It includes anyone with a Jewish grandparent and their spouses. Sheetrit says that 70% of recent immigrants from the former Soviet Union are not Jewish halachically. The right-wing Israel Beiteinu party strongly opposes this reform.

Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.

New Report Details Persecution Of Hindus In 11 Countries

Last week, the Hindu American Foundation released its third annual report on human rights problems faced by Hindus in various countries around the world. The 200-page report titled Hindus in South Asia and the Diaspora: A Survey of Human Rights 2006 covers eleven countries in which persecution of Hindus is of particular concern: Afghanistan, Bangladesh, Bhutan, Fiji, the Indian state of Jammu and Kashmir, Kazakhstan, Malaysia, Pakistan, Saudi Arabia, Sri Lanka, and Trinidad and Tobago. The Executive Summary lists the specific recommendations as to each country.

LA Catholic Archdiocese Reaches $660 Million Settlement With Abuse Victims

The Roman Catholic Archdiocese of Los Angeles yesterday reached a $660 million settlement agreement with hundreds of priest sexual abuse victims, less than 48 hours before the case was to come to trial. The Washington Post today reports that the settlement, which averages $1.3 million per victim, also calls for the release of confidential priest personnel files. A Los Angeles County judge had already ruled that Cardinal Roger Mahony could be forced to testify if the case came to trial and that four of the abuse victims could sue for punitive damages. Three Catholic orders refused to participate in the settlement. Previously, 86 other cases had already been settled for $114 million. The Archdiocese will sell its administrative building and other properties to raise funds for the settlement.

Russian Court Closes Down Local Scientology Center

Last week, a City Court in St. Petersburg, Russia ordered the city's Scientology Center to close. Interfax reported Friday that the city prosecutor had filed suit after Justice Ministry inspections revealed the Center was conducting unlicensed educational activities. It also offered "auditing" and "purification", activities that went beyond the terms of its charter.

"In God We Trust" To Go Into New City Hall In California

The Brentwood (CA) Press on Friday reported on an emotional meeting of Oakley, California's City Council last Monday at which Council voted 4-1 to place the national motto "In God We Trust" in the lobby of the new city hall that is being built. The motto "E Pluribus Unum" will also be displayed. The city's motto "A Place for Families in the Heart of the Delta" will be displayed elsewhere in the building.

Time Magazine Features Democrats' Embrace of Religion

The cover story of this week's Time Magazine is How The Democrats Got Religion. It reports:

The democrats' courtship of religious voters exploits a rare Republican predicament: disillusioned with Bush's stewardship and serial scandals, many religious conservatives see a field in which their preferred candidates can't win, and those who can win include, for now, a politically elastic Mormon; the twice-divorced, pro-choice, gay-friendly former New York City mayor; and a maverick who called conservative religious leaders "agents of intolerance" the last time he ran.

Along with the feature article, the issue carries a report on a poll of voters' views of leading candidates religiosity. The issue also carries a background piece titled The Origins of the God Gap.

Lay Leaders Added As Defendants In Episcopal Church Property Dispute

Both sides are raising the rhetoric in the property dispute between the Episcopal Diocese of Virginia and eleven breakaway parishes that have affiliated with African Anglican bishops. (See prior posting.) Virtue Online reported on Friday that the Diocese has amended its lawsuit to add as defendants a number of individuals who were elected as vestry members in each church after the spit off. Jim Oakes, speaking for all the break-away churches, said that suing lay members was an attempt "to terrorize us". He said that under Virginia law, voluntary leaders of non-profit organizations are immune from liability unless they engaged in willful misconduct or criminal negligence. He accused attorneys for the diocese and the Episcopal Church of following "a scorched earth policy".

Oregon Zoners Reject Church Site Despite Claim That A Vision Inspired Its Location

The Jackson County, Oregon Planning Commission decided earlier this week that the owners of Circle of Teran-- a spiritual retreat site-- have not shown that they are entitled to an exception from the county's prohibition on churches within three miles of an urban growth boundary. The owners, Scott and Sulara Young, want to use the house they have built as a church. According to yesterday's Southern Oregon Mail Tribune, Planning Commissioner Don Greene said that a church could be built elsewhere on the Youngs' 1700 acre property without running afoul of the zoning restriction. Invoking the Religious Land Use and Institutionalized Persons Act, however, Scott Young said that the he and his wife had a vision that led them to build the house where it is now located.

Recent Prisoner Free Exercise Cases

In Carter v. Howard, 2007 U.S. Dist. LEXIS 49628 (CD IL, July 10, 2007), an Illinois federal district court rejected a claim by a prisoner that his free exercise rights were violated when he was prevented from attending communal religious services while in disciplinary segregation.

In Greenlaw v. Hill, 2007 U.S. Dist. LEXIS 49443 (D OR, June 27, 2007), an Oregon federal district court rejected an inmate’s free exercise claim stemming from a one-year delay in providing him with pureed kosher food after his teeth were extracted due to gum disease.

In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 48804 (D AZ, July 5, 2007), an Arizona federal district court rejected a prisoner’s challenge to a jail’s policy of allowing only three detainees per week to attend religious services.

In Al-Barr v. Lewis, 2007 U.S. Dist. LEXIS 48269 (ED CA, July 3, 2007), a California federal magistrate judge recommended dismissal of most of the claims brought by a Nation of Islam prisoner who alleged that NOI inmates were denied access to the prison chapel for religious study groups, and that at various times they were excluded from Ramadan services and various Islamic events. Plaintiff alleged free exercise and equal protection violations. He was permitted to move ahead only with one of his equal protection claims.

In Blount v. Milgrum, 2007 U.S. Dist. LEXIS 48172 (WD VA, July 2, 2007), a Virginia federal court dismissed for failure to exhaust administrative remedies a prisoner’s claim that his religious rights were violated when, on one occasion, Prison authorities gave him a non-kosher "loaf meal" in retaliation for his filing a grievance.

In Lancaster v. Tilton, 2007 U.S. Dist. LEXIS 48403 (ND CA, June 21, 2007), a California federal district court held that San Quentin prison officials were ignoring provisions of a consent decree requiring group religious services and counseling on a regular schedule for certain death row inmates.

Defendant In Employment Discrimination Trial Ordered To Testify On Religious Beliefs

A judge in a New York City trial court has ordered Ted Doudak, president of Riva Jewelry Manufacturing in Long Island City, to testify about his religious beliefs in a trial in which an employee alleges that Doudak illegally fired him because he is gay. John Fairchild says that he was fired after he admitted to being gay and after Doudak found out that Fairchild's daughter was a lesbian. Doudak allegedly made numerous derogatory comments about gays and lesbians. Manhattan Supreme Court Justice Carol Edmead has ordered Doudak to testify whether he believes homosexuality is a "sin against God," if he believes gays and lesbians face eternal damnation and if he finds homosexuals "repulsive." Doudak's lawyer says that the order violates his client's First Amendment rights. Yesterday's Queens (NY) Times Ledger reports on the case.

UPDATE: The full opinion in Fairchild v. Riva Jewelry Manufacturing Inc., (Sup. Ct. NY County, June 28, 2007) is avaialable online.

Hate Crimes Bill May Come To Senate Vote; Clergy Take Opposing Sides

A bill to expand federal hate crimes prohibitions to cover crimes of violence motivated by the victim's sexual orientation, gender identity or disability, may come up for a vote in the U.S. Senate today or early next week. In order to move forward on the bill, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act (S.1105) has been proposed as an amendment to the Department of Defense authorization bill by Senators Edward Kennedy and Gordon Smith. The House has already passed a version of the bill. Christian pro-family groups staged a rally at the Capitol on Wednesday opposing the bill. They argue that the bill threatens free speech of those opposed to homosexuality. Supporters of the bill strongly contest this claim, and in a full page ad in Roll Call on Wednesday, over 1300 clergy urged passage of the bill. Developments were reported yesterday by the Christian Post and by the Washington Blade.

Pakistan's Supreme Court Changes Method of Allocating Haj Quotas

The full bench of Pakistan's Supreme Court yesterday suspended the Haj quota allotments to private tour operators that had been made by the Ministry of Religious Affairs and set up an independent committee to reallocate quotas for the upcoming Haj based on merit. The new committee will be made up of two members of the Senate, the Secretary of Religious Affairs and a former judge of the Supreme Court. The Religious Affairs Ministry has been accused of favoritism in allocating quotas. Pakistan's Daily Times and International News both reported on the court's decision. Following the decision, the government announced that Haj applications will be taken through designated branches of five banks. Associated Press of Pakistan says that 159,588 pilgrims from Pakistan will go on the Haj this year; 79,500 will be sent under government auspices.

Hindu Cleric's Invocation In Senate Disrupted By Christian Protesters

Yesterday, for the first time in history, the U.S. Senate's session was opened with a Hindu prayer, offered by Hindu cleric Rajan Zed of Reno, Nevada. (See prior posting.) However, the invocation, which is usually routine, was interrupted by three Christian protesters in the public observation gallery. CNS News reports that the protesters began to pray loudly for forgiveness for betraying the Christian tradition when Rajan Zed, a Hindu chaplain from Nevada, began his invocation. Security guards quickly removed the protesters.

TPM Cafe reports that the protesters were members of the anti-abortion group Operation Save America. Its report also links to a video of the invocation and its disruption. In a press release after the event, Operation Save America said "The Senate was opened with a Hindu prayer placing the false god of Hinduism on a level playing field with the One True God, Jesus Christ. This would never have been allowed by our Founding Fathers."

Americans United for Separation of Church and State issued a press release deploring the intolerance of the religious right protesters. [Thanks for leads from Alliance Alert and Blog from the Capitol.]

Tajik Court Upholds Campus Ban On Islamic Head Scarves

In Tajikistan, a court has upheld the Education Ministry's ban on women wearing the Islamic head scarf on college campuses. Radio Free Europe yesterday said that this is the first legal challenge in Central Asia to bans on Islamic dress. While Tajikistan is predominately Muslim, President Emomali Rahmon's government has imposed other restrictions as well, including banning mosques from using loud speakers to call worshipers to prayer.

Complaint Dismissed Against Judge Who Questioned Defendant's Knowledge of Bible

Yesterday's Cincinnati Enquirer reports that the Ohio Supreme Court has dismissed a complaint that was filed against Hamilton County Municipal Court Judge John Burlew. (See prior posting.) In April, in a hearing to set bond for Eric Hine who was charged with receiving stolen property, Hine's attorney argued that Hine was employed and regularly attended church. To test the claim, Judge Burlew asked Hine to recite the 23rd Psalm. When Hine did so, the judge released him on his own recognizance. This led David Palmer of Folsom, California to file the complaint with the Ohio Supreme Court, alleging that it was improper to reduce Hine's bond because of his religious beliefs.

Romanian Court Dismisses Lawsuit Filed Against God

A court in Timisoara, Romania has dismissed a lawsuit filed by a prisoner against "God, who lives in the heavens and is represented in Romania by the Orthodox Church". Mircea Pavel, serving a 20 year sentence for murder, sued for fraud and betrayal of trust because his prayers were not answered. He argued that a contract he made with God was breached. Interfax yesterday said that the court dismissed the case because "God is not subject to law and does not have an address."

New Mexico Town Will Place 10 Commandments By City Hall

Yesterday's Santa Fe New Mexican reports that officials in Bloomfield, New Mexico are moving ahead with plans to erect a Ten Commandments monument outside City Hall, under a policy that allows monuments to feature local or national figures, or events and documents related to the development of law or government. City officials say the planned monument is historical and artistic. The monument's $6000 cost would come from private funds.

Wisconsin Supreme Court Rejects Statute of Limitations Argument In Fraud-Abuse Case

In what is described by commentators as a "surprise move" (Orange County Personal Injury Lawyer), yesterday the Wisconsin Supreme Court held that fraud claims against the Catholic Archdiocese of Milwaukee growing out of priest sexual abuse charges may still be able to be brought. In John Doe 1 v. Archdiocese of Milwaukee, (WI Sup. Ct., July 11, 2007), the court affirmed dismissal on statute of limitations grounds of claims that the church had been negligent in supervision of its priests. However it held that

the claims of fraud for intentional misrepresentation are independent claims based on the Archdiocese's alleged knowledge of the priests' prior sexual molestation of children and the Archdiocese's intent to deceive children and their families. We further conclude that the date of the accrual of the fraud claims is "when the plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered" that the Archdiocese's alleged fraud was a cause of their injuries.

Two justices dissenting in part argued that the negligent supervision claims should not have been dismissed either.

LDS Church Loses Bid to Keep Finances Secret

The Oregonian reports today that Oregon's Supreme Court has rejected a motion by the Church of Jesus Christ of Latter Day Saints for emergency relief from a trial court's order that it disclose detailed information about LDS assets. The order came in a suit brought by a man who alleges that he was molested 20 years ago by a church-endorsed home teacher who was to provide educational and religious guidance. The Church argues that disclosing the financial information would infringe its free exercise rights. The Church has released no financial information since 1959.

Muslim Head Scarves Remain Controversial In U.S.

The wearing of a traditional head scarf by Muslim women remains surprisingly controversial in the United States. The Associated Press reports that representatives of the Council on American-Islamic Relations met with Valdosta, Georgia municipal court officials yesterday to discuss a change in the policy that prohibits wearing of head coverings into courtrooms. (See prior posting.) No definitive resolution of the issue was worked out, but the parties agreed to continue talking and hope to make further progress on the issue.

Meanwhile, yesterday's Sacramento (CA) Bee reports that a Muslim woman has filed a discrimination suit in Solano, California Superior Court against Whitehall Jewelry stores. Shereen Attia had previously worked part-time for the stores. Her former supervisor asked her to return to work, but when he discovered that she had begun to wear a head scarf for religious reasons, he refused to hire her. Whitehall already employed one woman who wore a head scarf. Attia's suit alleges that the stores' district manager vetoed her hiring, saying "Oh no, not another one."

Cobb County, GA Wins On Most of Its Prayer Practices

The Associated Press reports that a Georgia federal district judge has upheld the way in which the Cobb County, Georgia, Board of Commissioners chose clergy to deliver invocations at Board meetings. It invited clergy from a diverse set of religious organizations. However the court found that the Cobb County Planning Commission violated the Establishment Clause in 2003 and 2004 when, in choosing clergy to deliver opening prayers, a deputy clerk excluded Jewish, Muslim, Jehovah’s Witnesses and Mormon clergy. Since those exclusions were halted before the lawsuit was filed, the court refused to issue an injunction and merely awarded nominal damages of $1. The court refused to ban clergy delivering invocations from using sectarian prayers, so long as a wide variety of clergy were invited.

UPDATE: The full opinion is now available on Lexis: BATS v. Cobb County Georgia, 2007 U..S. Dist. LEXIS 50196 (ND GA, July 6, 2007).

Jews For Jesus Challenges Leafleting Restrictions

In the second round of its challenges to the Town of Oyster Bay, New York (see prior posting), Jews for Jesus has filed suit in federal court challenging the town's ordinance that prohibited the distribution of literature in public parks. Yesterday's New York Law Journal reports, however, that shortly after the suit was filed, the town changed its rules so that printed material can now be distributed if a group first obtains a permit from Town officials. Leaflets can be distributed only from a table at a fixed location, and no more than four leafleters may be present. Susan Pearlman, associate executive director of Jews for Jesus, said that the group would still move ahead with its lawsuit. [Thanks to Steven H. Sholk for the lead.]

Recent Articles On Church-State Issues

From SSRN:
Leslie C. Griffin, Conscience and Emergency Contraception, Houston Journal of Health Law and Policy, Vol. 6, No. 299, 2006.

From Asian Journal of Comparative Law, (Vol. 2, Issue 1, 2007):
Andrew Harding, Buddhism, Human Rights and Constitutional Reform in Thailand.

Mohamed Azam Mohamed Adil, Law of Apostasy and Freedom of Religion in Malaysia.

From SmartCILP:
Dana E. Blackman, Refusal to Dispense Emergency Contraception in Washington State: An Act of Conscience or Unlawful Sex Discrimination?, 14 Michigan Journal of Gender & Law 59-97 (2007).

Kristin B. Gerdy, The Irresistible Force Meets the Immovable Object: When Antidiscrimination Standards and Religious Belief Collide in ABA-Accredited Law Schools, 85 Oregon Law Review 943-991 (2006).

Michele Estrin Gilman, Fighting Poverty With Faith: Reflections on Ten Years of Charitable Choice, 10 Journal of Gender Race & Justice 395-438 (2007).

Symposium: The Jurisprudential Legacy of John Paul II. 45 Journal of Catholic Legal Studies 221-669 (2006).

Dean Sanderford, The Sixth Amendment, Rules 606(b), and the Intrusion into Jury Deliberations of Religious Principles of Decision, 74 Tennessee Law Review 167-197 (2007).

Church Gets TRO Against Bidet Ad On Billboards At Its Building

On Monday, according to the Associated Press, a New York state trial court issued a temporary restraining order prohibiting a billboard ad company from placing a planned ad for a bidet company on two Times Square billboards. Rev. Neil Rhodes, pastor of the interdenominational Times Square Church , filed the lawsuit objecting to the bare buttocks with smiley faces that were to be in the ads that were scheduled to go up on billboards on two sides of the building that houses Rev. Rhodes' church. He said that the ads would interfere with the church's religious activities, which include a Bible school and day care center. The judge, who said that the motion poses novel and significant issues, required the church to post a $90,000 bond to cover damages and costs for the defendant if the church ultimately lost its lawsuit.

Kentucky County Will Issue Revenue Bonds To Finance Church Addition

Boone County, Kentucky's Fiscal Court has agreed to issue up to $2.8 million in industrial revenue bonds to finance a 5,000 square foot addition to the Vineyard Christian Church in Burlington, Kentucky. The addition will be used for Sunday school classes as well as for community groups such as Alcoholics Anonymous. The Kentucky Post reports that yesterday's decision by the County was defended by County Judge-Executive Gary Moore who said that the issuance of the bonds does not breach the required separation of church and state. He cited both federal court decisions and a 1993 Kentucky Attorney General's opinion.

NY Rabbinical College Sues For Permission to Build

The Brooklyn-based Congregational Rabbinical College of Tartikov has filed suit in federal district court in New York challenging Pomona, New York officials' refusal to permit the group to build a Rabbinical College on 30 acres of the Congregation's 100 acre property. The proposed college would include places of worship, educational facilities, religious courts, libraries and student housing. The complaint (full text) in Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, NY, alleges violations of RLUIPA and of the federal Fair Housing Act, as well as violations of various state and federal constitutional provisions. The complaint alleges that "The Village of Pomona has engaged in a targeted and deliberate decades long effort to prevent various Jewish individuals and institutions from developing the subject property and other nearby properties, while permitting other development within the Village." The Associated Press today reports on the lawsuit. (See prior related posting.)

IRS Issues New Rev. Proc. On Sec. 501 Determinations

The Internal Revenue Service has issued Revenue Procedure 2007-52 (effective July 23, 2007), 2007 IRB LEXIS 591, setting out the procedures to be used by non-profit organizations, including churches and other religious groups, in applying for tax-exempt status under Section 501 of the Internal Revenue Code. The Rev. Proc. updates a similar set of rules issued in 1990. Among the changes in this Rev. Proc. is the centralization of determinations on exempt organization applications in the IRS's Cincinnati office

Military Conscientious Objector Rules Are Depublished

Largely unnoticed until now, in May the Department of Defense reissued Instruction 1300.06 setting out DoD policy on conscientious objectors and the procedures for processing discharge requests based on conscientious objection. Then last month the Department of Defense removed from the Code of Federal Regulations the previous version of Defense Department rules on conscientious objectors (32 CFR Part 75). This makes the current CO rules unpublished regulations. The June 19 Federal Register, 72 FR 33677 (June 19, 2007), says that this step has been taken because: "The document on which this part was based has been revised and is limited only to DoD personnel management matters, affects only DoD military personnel, and has no impact on the public." [Thanks to Scott Idleman via Religionlaw listserv for the lead.]

Conference Honors Roy Moore

Jews on First this week has a lengthy account of the God & Country Patriotic Celebration & Conference held in Bowie, Maryland on July 1- 3. Sponsored by a number of right wing Christian groups, the Conference's concluding day honored former Alabama Supreme Court Chief Justice Roy Moore. In his remarks, Moore called for "the sovereignty of God in this country", while conference leader Michael A. Peroutka referred to the Confederate flag that was flying (along with those of Alabama and Maryland) as "the American flag".

Anti-Discrimination Policy vs Student Religious Rights: Once More Unto the Breach

Another lawsuit alleging a conflict between a school's anti-discrimination policy and the restricted religious membership of a proposed University club has been filed. See prior posting here and here.

The Alliance Defense Fund and Christian Legal Society have filed a suit against the University of Florida because, according to a CLS Blog post, "University officials refuse to recognize [Brothers Under Christ/Beta Upsilon Chi] as a registered student organization because the fraternity limits membership to men, and refuses to allow the fraternity to go under the Greek system because it requires members to share the group's Christian beliefs."

Franchise Story 2: Forbes Discusses One Franchisor's Practices

Forbes has published a story called "The Cult of Chick-fil-A," found here (free registration required) and at Westlaw (2007 WLNR 12995596). The article attempts to characterize Chick-fil-A's relationship with its franchisees, noting that Chick-fil-A allegedly "screen[s] prospective operators for their loyalty, wholesome values and willingness to buy into Chick-fil-A's . . . Christian credo." The article then discusses potential legal issues relating to such

screening:

. . . Is it legal? There are no federal laws that prohibit companies from asking
nosy questions about religion and marital status during interviews. Most companies don't because it can open them up to discrimination claims, says James Ryan, a spokesman for the Equal Employment Opportunity Commission. Chick-fil-A has more freedom to ask whatever it wants of franchisees because they are independent contractors and not necessarily subject to federal employment discrimination laws. (Employees, however, may sue under those laws.)

Franchise Story 1: 7th Circuit Allows Race-Based Discrimination-in-Franchising Case to Proceed

A panel of the Seventh Circuit has unanimously ruled that an Arab and Muslim franchisee who refused to serve pork products in his store could proceed with his 42 U.S.C. §§ 1981 & 1982 claims against Dunkin Donuts. The case is Elkhatib v Dunkin Donuts, No. 04-4190 (7th Cir July 10, 2007).

Elkhatib claims that Dunkin Donuts refused to allow him to renew his franchisee agreements or relocate when it learned that he was not selling Dunkin Donuts' breakfast sandwiches. The Court determined that Dunkin Donuts' citation of Elkatib's failure to carry the products was pretext, concluding "there is significant evidence that the carrying of breakfast sandwiches was not an issue of importance to Dunkin Donuts." Slip. Op. at 10.

What may be more interesting to the readers of Religion Clause is how the two courts dealt with (or not) the religious element of his claim. In granting Dunkin Donuts' motion for summary judgment, the trial court sua sponte construed Elkhatib’s claim to be one of religious discrimination rather than racial discrimination, based on the court’s determination that the restrictions on handling pork are associated with religion, not race:

Elkhatib alleges discrimination based on race. See Compl., ¶ 9 (“Plaintiff, as an Arab is forbidden from dealing, buying or selling pork products, because of his race's traditions and religious practices”). Elkhatib cites St. Francis Coll. v. Al-Khazraji, 481 U.S. 604, 613 (1987) for the proposition that Arabs may sue for racial discrimination under § 1981. In that case, plaintiff Al-Khazraji sued a university that denied him tenure on the alleged grounds of racial discrimination. The Supreme Court held that “[i]f Respondent on remand can prove that he was subjected to intentional discrimination based on the fact that he was born an Arab, rather than solely on the place or nation of his origin, or religion, he will have made out a case under § 1981.” Id. at 613. Al-Khazraji based his claim solely on racial grounds. However, the court construes Elkhatib's claim to be one of religious discrimination rather than racial discrimination. The dietary restrictions Elkhatib points to are associated with religion rather than race. Islamic and Jewish law both prohibit the handling and consumption of pork. . . . Claims of religious discrimination are not cognizable under § 1981 and § 1982. Elkhatib v. Dunkin' Donuts, Inc. 2004 WL 2600119, *3 (N.D.Ill. 2004) (notes and religious citations removed). [Ed Note: Links Repaired].

On appeal, neither party argued this point. Slip. Op. at 3. Apparently, the Defendant only pressed its contention that that the district court properly held in the alternative that Elkhatib had failed to meet his burden in demonstrating racial discrimination. Id. And Plaintiff, of course, rested on its position that Elkhatib was subject to racial discrimination.

Somewhat surprisingly, the Seventh Circuit accepted this characterization without comment (and without examining the district court's contention) and treated the claim as a race-based one.

Thanks to How Appealling for the lead.

Hudson Institute's Religious Freedom in the World 2007

On Monday, July 9, the Hudson Institute’s Center for Religious Freedom released the initial findings for its forthcoming book Religious Freedom in the World 2007 (Rowman and Littlefield). According to Hudson, this survey describes and analyzes over 100 countries and territories, especially those where religious freedom is most violated.

Some of the statistics in the survey can be found here:

1. Country Religious Freedom Scores Compared to Freedom House Rankings of Political Rights and Civil Liberties


2. Grim & Finke Scores for Government Regulation of Religion (GRI), Government Favoritism of Religion (GFI), and Social Regulation of Religion (SRI)

Here is a National Review piece by Paul Marshall on the study he edited.

Thanks to Melissa Rogers for the lead.

InnerChange: Latest Developments

On July 1, 2007, this blog reported (here) that Iowa prison officials have reached an agreement with the faith-based prison treatment program, InnerChange, permitting it to continue to operate-- at its own expense-- at Newton Correctional Facility pending the U.S. 8th Circuit Court of Appeals decision on whether the program violates the Establishment Clause.

Yesterday's Des Moines Register (IA) has an editorial calling that decision into question, writing "If the state desires to institute 'values based' programs aimed at reforming convicted criminals, it must be sure they are not disguised as government-sponsored avenues for evangelization."

Defendants have also filed two F.R.A.P. 28(j) letters providing supplemental authorities to the court. One relates to rates of recidivism for inmates in the program. The second discusses the Supreme Court's decisions in Hein v Freedom from Religion Foundation, 551 U.S. ____ (2007) (June 25, 2007) and University of Notre Dame v Laskowski, No. 06-582 (US June 29, 2007) (cert. granted, judgment vacated and remanded in light of Hein). Both of these cases are discussed here.

Defendants argue that the district court relied heavily on Laskowski, and "[t]hus the anomalous legal basis for allowing private, taxpayer plaintiffs to compel restitution to the government is gone, and the decision below granting that remedy should be reversed." Plaintiffs argue in reply that unlike the case in Hein, "InnerChange was funded for the last four years with appropriations by the Iowa Legislature specifically for the program." Plaintiffs also argue that "The restitution question is an issue of remedy, not standing. Hein does not impact the logic of prior cases that treated restitution as an available remedy...."

Asylum Seeker Has Right to Profess Faith in Public

According to the Middle East Times (Egypt), a German court ruled that an asylum seeker from Iran who had converted to Christianity may not be deported. Germany had originally denied the asylum seeker's request on the grounds that she had been able to secretly practice her religion in Iran. The asylum seeker claimed that her faith required public professions and attendance at worship services.

The administrative law judges reviewing the decision accepted her argument that a 2004 European Union directive requires the granting of asylum to those who face persecution for practicing their religion in public. Moreover, the court doubted that she could return to the secret practice of her religion after living openly in Germany.

Article 10 of that directive holds that:

1. Member States shall take the following elements into account when assessing the reasons for persecution: (a) . . . . (b) the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief . . .

$1 Damages to Cobb County Prayer Plaintiffs

In September, 2006, a Georgia federal district judge upheld the practice of the Cobb County (GA) Board of Commissioners and its Planning Commission to open their sessions with prayer, but determined that the Planning Commission's selection procedure for identifying clergy to deliver that prayer was defective. That case, Pelphrey v. Cobb County, 448 F. Supp. 2d 1357, 1374 (N.D. Ga. 2006), was reported on here and here.

The court has issued its decision on relief owed the plaintiffs. As said, the Court had previously upheld the Board of Commissioners' process for selecting speakers which involved inviting clergy from a master list compiled using the Yellow Pages. The Planning Commission also used the Yellow Pages, but its set of Yellow Pages "contained cross-out markings through the contact information of Islamic, Jehovah’s Witness, Jewish, and Latter Day Saint churches. Leaders of those faiths were categorically excluded from the pool of invitees in 2003 and 2004." Pelphrey v. Cobb County, No. 1:05-cv-2075, slip op. at 4 (ND Ga. July 7, 2007).

The court concluded that the Plaintiffs were entitled to a declaration that the 2003-2004 practice was unconstitutional, that they are entitled to compensatory damages of $1, and that they are not entitled to injunctive relief. Id. at 21-22. The court concluded that no injunctive relief was appropriate because, given that the practice had stopped in 2005, "an injunction would not operate to redress the unconstitutional conduct." Id. at 21. It concluded that nominal damages were appropriate where, as here, a plaintiff established the violation of an “absolute”constitutional right—such as the right to be free from a state establishment of religion—but cannot prove actual injury. Id at 17 - 18.

A story detailing this award can be found here in the Daily Report (Fulton County, GA).

Preacher's Failure to Follow Campus Rules Not Sufficient for Trespass

A Schenectady (NY) City Court has acquitted Greg Davis of criminal trespass after Davis was arrested and tried for entering Schenectady County Community College's campus to preach. The court concluded that Davis' failure to follow the campus' rules for speaking on campus and defiance of an administrator's order to leave were not sufficient to support the trespass charge. The Decision and Order can be found here.

The Court determined that under NY Law, the People were required to demonstrate that the particular order to exclude Davis had a legitimate basis and that, considering the nature and use of the subject property, its enforcement did not unlawfully inhibit or circumscribe the defendant from engaging in constitutionally or statutorily protected conduct. After establishing that that the campus was "open to the public," the Court ruled the People had not met their burden:

[t]he Court finds that the People offered insufficient evidence to demonstrate that the . . . order to the defendant to leave the SCCC campus had a legitimate purpose, rationally related to the power to maintain order on the campus, or that its enforcement did not violate an independent right of the defendant.

Therefore, the Court finds this defendant not guilty of the charge of Trespass . . .

The case is People of the State of New York v. Davis, # 06-77707 (Schenectady City Ct. 6/27/07) .

Thanks to ADF for the lead.

Slidell: Complaint and Motion for Preliminary Injunction

Copies of the complaint and motion for a preliminary injunction in Doe v Parish of St. Tammany are now available online. This is a case in which plaintiffs object to an icon which contains a portrait of Jesus that is posted in the lobby of a Slidell, Louisiana courthouse. The complaint alleges, in part:

11. The lobby contains two paintings. One is a painting of the founding judge of the City Court of Slidell and is accompanied by wording to that effect. The other, placed on a separate wall, is a religious icon of the Eastern Orthodox sect of Christianity. It shows an image of Jesus Christ presenting the New Testament. The icon is positioned above the large gold wording, "TO KNOW PEACE, OBEY THESE LAWS." The display in question is the Eastern Orthodox religious icon combined with the wording below it.

12. The display is prominently displayed in the center of the wall directly above the teller window of the City Court of Slidell.

14. Prior to June of2007, in order to participate fully as citizens, to conduct business, or to fulfill certain legal obligations, Plaintiffs, John Doe and members of the American Civil Liberties Union of Louisiana, separately entered the City Court of Slidell, saw the display, and were offended by it as a whole and in its several parts. In order to participate fully as citizens, conduct business, or fulfill certain legal obligations, Plaintiffs will be obligated to return to the courthouse in the future.

17. On information and belief, Defendants installed the display, which had never
before been displayed on public property, before the courthouse opened in 1997 and have maintained it at taxpayer expense since that time.

See prior postings on this case 1, 2, 3.

Thanks to the First Amendment Center for the lead to the online documents.

The Legacy of Zelman v Harris-Simmons

Five years ago (6/27/2002), the U.S. Supreme Court handed down Zelman v Harris-Simmons which held that Ohio's Cleveland-based voucher program was constitutional. Sunday's Plain Dealer (Cleveland, OH) has this assessment of the program:

From Cleveland Heights to Akron, the population shift from older neighborhoods could lead to the closing, merger or consolidation of about one-sixth of the schools in the eight-county Cleveland Catholic Diocese. But Catholic schools in Cleveland proper have a guardian angel: Ohio taxpayers, who provided more than $16 million in tuition vouchers for more than 5,500 city children to attend parochial schools this past school year.

The paper also notes that the program enjoys bi-partisan support. Voucher opponents claims that the program drains resources from other public school activities.

The Legacy of Rosenberger v. University of Virginia

A Chronicle of Higher Education story discusses the confusion that remains after the 1995 Supreme Court decision in Rosenberger v. Rector and Visitors of the University of Virginia.

More than a decade later, some public universities still have policies that appear to run counter to the spirit and letter of [Rosenberger]. In fact, a review of more than a dozen student handbooks across the country reveals a confusing and contradictory mishmash. Some policies explicitly welcome religious groups to apply for student-activity funds and inveigh against any "viewpoint discrimination." Others prohibit religious groups from receiving any money. Still others are so vague that it's unclear who is and is not eligible for support.

As a consequence, there is litigation involving schools that are allegedly engaging in viewpoint discrimination. See for example a prior posting (here) discussing a case in which the University of Wisconsin settled a lawsuit filed against it by UW Roman Catholic Foundation challenging UW's refusal to recognize the Foundation as a student organization.

More interesting may be the article's effort to describe what lies ahead. The article quotes Steven K. Green, a professor of law at Willamette Universiy (and former Americans United policy director) as saying that the next wave of post-Rosenberger litigation relates to schools citing their anti-discrimination policies and refusing to fund religious groups that deny gays and lesbians the right to join or be officers. The article mentions Christian Legal Society v Southern Illinois University at Carbondale as one example of this kind of litigation (see prior postings here and here). In that case, CLS sued after the University revoked CLS’s status as a recognized student group because it violated the University’s non-discrimination policy by not allowing non-Christians, gays and lesbians to be voting members. The University settled with CLS and, among other things, reinstated CLS. Another similar case, not mentioned in the article, is Christian Legal Society of University of California, Hastings College of the Law v. Kane, which is still pending (see prior postings here and here).

Howard Friedman, your regular host on this site, provided this detailed Analysis of The Christian Legal Society Cases back in May, 2005.

Thanks to ADF for the lead.

European Court of Human Rights: No to Norway's Mandatory Religious Ed

The European Court of Human Rights has ruled against Norway's mandatory elementary school religion classes. The case was Folgerø and Others v. Norway (Application no. 15472/02) (June 29, 2007). The judgment of the Court in can be found here.

The facts, as set out by the Court:

The present case concerns complaints lodged by non-Christian parents. It relates, firstly, to a complaint under Article 9 of the Convention and Article 2 of Protocol No. 1, about refusals by the domestic authorities to grant their children full exemption from a compulsory subject in Christianity, Religion and Philosophy (the “KRL-subject” – see paragraph 16 below) taught during the ten-year compulsory schooling in Norway. Secondly, it concerns their complaint about discrimination contrary to Article 14 of the Convention taken in conjunction with the aforementioned provisions and Article 8 of the Convention. (Para 3 of the opinion).

Article 2 of Protocol 1 can be found here. The Court concluded:

[N]otwithstanding the many laudable legislative purposes stated in connection with the introduction of the KRL subject in the ordinary primary and lower secondary schools, it does not appear that the respondent State took sufficient care that information and knowledge included in the curriculum be conveyed in an objective, critical and pluralistic manner for the purposes of Article 2 of Protocol No. 1. Accordingly, the Court finds that the refusal to grant the applicant parents full exemption from the KRL subject for their children gave rise to a violation of Article 2 of Protocol No. 1. (Para 102 of the opinion).

Having disposed of the Article 2 claim, the Court did not reach the Article 14 claim (Para 105).

There was a dissent, which argued:

In our opinion, a review of the case requires a twofold approach, namely, in the light of the requirements of modern Norwegian society and with its history as an important background. On the one hand, the increasing number of Norwegian citizens with different ethnicities and religious beliefs calls for inclusive measures, with a common education in religions and ethics in schools. On the other hand, when devising the curriculum, one cannot overlook the many centuries of Norwegian history. Christianity has a very long tradition in Norway, both as a religion and a school subject (see paragraphs 9 and 10 of the judgment). This aspect must be reflected in the curriculum, which must at the same time be inclusive and broad.

An article on the case can be found at the Norway Post.

[Thanks to Christianity Today for the lead.]

Malaysia: Muslim to Hindu Conversion Blocked by Islamic Court; Woman Detained

According to AP and Reuters, a Malay woman was released on July 6 from a 180-day detention in a "religious counselling center." Massosai Revathi had been detained by the Malacca Islamic Religion Council because she sought to convert from Islam to Hindu after marrying a Hindu man. In Malaysia, Islamic courts determine whether a Muslim may convert out of Islam and these courts routinely do not allow such conversion. Without permission, a person cannot marry a non-Muslim or emigrate.

Revathi claims she was subject to "intimidation and mental torture" while in the center. She claims she was placed in solitary confinement, forced to wear a headscarf, pray as a Muslim, and was served beef (which Hindus may not eat). AP reports that Islamic officials also seized the couple's 18-month-old daughter in March and placed her in Revathi's Muslim mother's care. According to the BBC, a lawyer representing the Malacca Islamic Religion Council rejected her allegations and said officials believe that she can still be persuaded to embrace Islam.

In a widely publicized case, in May a woman, Lina Joy, lost a battle in Malaysia's highest court to have the word "Islam" removed from her identity card. She had sought to convert from Islam to Christianity.

Previous posts relating to Lina Joy and Malaysia's treatment of converts can be found here.

Members of Congress Call on Bishops to Work to End War in Iraq

Earlier this week, fourteen Democratic Members of Congress sent a letter to the U.S. Conference of Catholic Bishops last Thursday, calling on the Bishops to increase their involvement in efforts to end the war in Iraq. A press release and a copy of the letter can be found here.

Guest editor's note: I couldn't find a Republican (or other) response or critique of the letter to the USCCB. If any reader knows of one, please post a link in the comments section.

American Baptist Churches and Cooperative Baptist Fellowship Hold Historic Worship Service

The Washington Post carried a story today about an historic joint worship service held by American Baptist Churches USA and the Cooperative Baptist Fellowship. American Baptist Chruches Secretary Roy Medley said "[t]his is, in and of itself, an awesome God moment . . . American Baptists, Cooperative Baptists, Progressive Baptists coming together. . . . It gladdens our hearts." The Washington Post also carried this story about the American Baptist Churches' multicultural membership.

The American Baptist Churches' also presented its first Religious Freedom Award to the Baptist Joint Committee for Religious Liberty.



Lead from Blog From the Capital.

ADF Sues City of Zachary, LA Over Prohibited Preaching

The Alliance Defense Fund said in a press release that it has filed a lawsuit and a motion for preliminary injunction on behalf of a man whom a policeman prohibited from sharing a religious message on a public street outside of a bar in the city of Zachary, Louisiana. The officer cited a city ordinance prohibiting speech that is “annoying” or “offensive” to another person. The case is Netherland v. City of Zachary, No. 3:2007-cv-00409.

According to ADF, on the evening of Nov. 18, John Todd Netherland stood outside on public property to speak about his Christian faith about 75-100 feet from the entrance of a local bar. Even though he was allegedly standing on public property, a police officer told Netherland he could not preach there and instructed him to move closer to the street. The officer then allegedly warned Netherland that if he stepped back to the place he’d been standing, he’d be arrested and sent to jail. Despite agreeing to comply, the Plaintiff claims that the officer told him that if he continued to preach, even in the new location, he would arrest him for “disturbing the peace.” Netherland claims that he then ceased speaking because of the threat of arrest.

New Faith-Based Initiative in Granite State

The Nashua Telegraph (NH) reports that "New Hampshire – long known for a libertarian streak that eschews government overreach – has become the 33rd state to officially connect state and church for the purpose of helping those in need." The paper says that the effort will follow the model of the White House Office of Faith-Based and Community Initiatives. Additionally, according to the AP, "State officials and representatives of various churches or church organizations signed an agreement [July 2] formalizing faith-based cooperation."

Developments in Odessa, TX Bible Case

On Wednesday, the Houston Chronicle reported some developments in the Odessa, Texas Bible-in-curriculum case, Moreno v. Ector County Independent School District. (See previous post here.) Defendants filed a Fed. R. Civ. P. 68 offer of judgment to plaintiffs, asking them to settle the suit for $500. A Rule 68 offer can change the financial stakes of the litigation: "[i]f the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer." At the same time, the Defendants also filed a motion for referral to mediation. Notably, Kelly Shackelford, chief counsel for the Liberty Legal Institute, is one of the attorneys representing the defendants.

Times (UK) Attacks Regent University Law School/Justice Department Relationship

The TimesOnline (UK) has published an essay that is highly critical the Justice Department's hiring of Regent University School of Law graduates. The essayist believes that the hiring of 150 graduates of this faith-based law school raises questions about the influence of faith on the American political process. Another, less critical article on the relationship between the Justice Department and Regent was published in April by Slate. Religion Clause reported on another article, here.