Many Iraqi Christians Flee Mosul

IWPR this week carries a long article on the problems faced by Christians in the Iraqi city of Mosul. It reports: "Once a solid, middle-class community in this northern city, thousands of [Christians] have fled their homes under threat from militants. Their churches have been bombed, their clergy murdered, and community members regularly face threats and kidnappings."

Domestic Assault Charges Growing Out of Religious Argument Dismissed

The Hamilton County (TN) General Sessions Court on Wednesday dismissed domestic assault charges that had been filed 24-year old Ronnie Lynn Price against his 62-year old grandmother, Nellie Gray Smith. Yesterday's Chattanoogan reports that during an argument with Smith, Price called Jesus "a goat". When Smith told Price to leave, Price grabbed his genitals saying "[expletive] you, Jesus and the Holy Spirit". At that point Mrs. Smith slapped Price and his head struck the door. Mrs. Smith apparently argued that Price's injury was self-inflicted.

Court Refuses To Stop Meeting At Which Catholic School Coach Is Dismissed

On Monday, a state trial court judge in Iowa denied a temporary injunction to stop a meeting of the Cedar Valley Catholic Schools' Board of Education brought by teacher and football coach Tom Girsch. The judge said that granting the injunction would entangle the court excessively in religious matters. The Waterloo, Iowa Courier reported yesterday that Girsh has taught for 32 years-- and coached the football team of 28 of those years-- at Columbus High School, a Catholic school in Waterloo. He became the subject of controversy after he remarried a year ago without receiving an annulment of his first marriage from the Church. At that point the Board negotiated an amended contract with Girsh, requiring him to seek an annulment, and to submit his resignation if it was denied. The annulment was denied, but last month by a vote of 6-8 the board refused to accept Girsch's resignation. However on Monday, the Board by a unanimous vote reversed itself after Archbishop Jerome Hanus wrote saying that the Board has acted contrary to church doctrine in continuing to employ Girsh.

Right Wing Dutch Politican Says Koran Should Be Banned In Netherlands

In the Netherlands, right-wing politician Geert Wilders has stirred controversy by urging, in a letter to a national newspaper, that the Koran be banned in the country. DPA ysterday reported on the letter written by the leader of the Dutch Freedom party (PVV) to the daily Volkskrant, in which Wilders argues that the Koran is "fascist" and should be banned just as Mein Kampf is banned. Following publication of the letter, an attorney filed a complaint against Wilders with Dutch police charging Wilders with incitement against Muslims. The Dutch News reports today that most other political leaders have strongly criticized Wilders' proposals. Christian Democrat Foreign Minister Maxine Verhagen said that Wilders has "exceeded the boundaries of decency", and emphasized that religious freedom is strongly protected by the Dutch constitution. Verhagen has also sent Dutch ambassadors in other countries a copy of a letter in which the cabinet repudiates Wilders' statements.

Police Officers Decertified For Loyalty To FLDS Leader

Police officers in Colorado City, Arizona are losing their certification as law enforcement officers because of their allegiance to fugitive religious sect leader Warren Jeffs and his Fundamentalist Church of Jesus Christ of Latter Day Saints. FLDS promotes plural marriage. Today's Arizona Republic reports that in the Colorado City's police department that normally has six officers, four have already been decertified by Arizona Peace Officer Standards and Training Board. Two others are being considered for decertification. Some of the officers were bigamists. Others failed to assist in the hunt for FLDS leader Warren Jeffs or allowed looting by church crews. Yesterday's Salt Lake Tribune reports in more detail on the pending decertification cases against Colorado City Town Marshal Fred Barlow and Deputy Preston Barlow. While Jeffs was a fugitive, Fred Barlow wrote him a letter pledging loyalty and asking for advice about hiring and other matters in the marshal's office.

Court Upholds Neutral Brick-and-Mortar Grants To Churches

In an important Establishment Clause decision yesterday-- apparently a case of first impression-- a Michigan federal district court upheld the inclusion of churches in a local government's grant program for brick-and-mortar projects. American Atheists, Inc. v. City of Detroit Dowtown Development Authority, (ED MI, Aug. 8, 2007), involved a challenge to a Facade Improvement Plan (FIP) designed to enhance the appearance of a portion of the city of Detroit in anticipation of the 2005 Major League Baseball All-Star Game and the 2006 NFL SuperBowl. Under the program, approved applicants could receive up to 50% of the cost of improvements to building facades and parking lots-- with specified upper limits on reimbursements. Among the projects funded were nine by churches.

Focusing particularly on the Supreme Court's 2000 decision in Mitchell v. Helms, the court held the fact that churches are pervasively sectarian institutions does not automatically disqualify them from participating in an otherwise permissible aid program. It also held the fact that funds are granted directly to churches does not invalidate the FIP so long as the program does not discriminate on the basis of religious sect and so long as the reimbursements do not amount to government endorsement of a church's message. The grants are not forbidden just because they may free up funds for religious purposes that the churches would otherwise have used for building repairs.

Applying these criteria, the court upheld grants for most of the church repair projects, but found that aid to three projects was unconstitutional because it would be perceived as government support for the advancement of religion. The prohibited projects were repair of two stained glass windows displaying religious images and projects involving monolithic signs that "identify and solicit the churches as sites of Christian worship".

The decision is covered today by the Detroit News and in an Alliance Defense Fund release yesterday.

Article Charges Apocalyptic Video Games Being Sent To Soldiers In Iraq With DoD Approval

Max Blumenthal, in a posting yesterday on the blog page of The Nation, charges that an evangelical entertainment group, Operation Straight Up, will be mailing "Freedom Packages" to soldiers serving in Iraq. The packages will include the video game, Left Behind: Eternal Forces. He describes the game as follows:

The game is inspired by Tim LaHaye and Jerry Jenkins' bestselling pulp fiction series about a blood-soaked Battle of Armageddon pitting born-again Christians against anybody who does not adhere to their particular theology. In LaHaye's and Jenkins' books, the non-believers are ultimately condemned to "everlasting punishment" while the evangelicals are "raptured" up to heaven.

The Left Behind videogame is a real-time strategy game that makes players commanders of a virtual evangelical army in a post-apocalyptic landscape that looks strikingly like New York City after 9/11. With tanks, helicopters and a fearsome arsenal of automatic weapons at their disposal, Left Behind players wage a violent war against United Nations-like peacekeepers who, according to LaHaye's interpretation of Revelation, represent the armies of the Antichrist. Each time a Left Behind player kills a UN soldier, their virtual character exclaims, "Praise the Lord!" To win the game, players must kill or convert all the non-believers left behind after the rapture. They also have the option of reversing roles and commanding the forces of the Antichrist.

Blumenthal says that the Freedom Packages have the endorsement of the Defense Department.

Giuliani Refuses To Discuss His Religious Practices

Unlike some candidates who are willing to discuss their religious beliefs in detail, Republican presidential hopeful Rudy Giuliani refused yesterday to answer a questioner at an Iowa town meeting who asked if he was a "traditional, practicing Roman Catholic." The Washington Post reports that Giuliani responded: "My religious affiliation, my religious practices and the degree to which I am a good or not so good Catholic, I prefer to leave to the priests. That would be a much better way to discuss it. That's a personal discussion and they have a much better sense of how good a Catholic I am or how bad a Catholic I am." Giuliani favors abortion rights. Also, he has been married three times. One of his prior marriages was annulled, but the other ended in divorce-- which would prevent him from receiving communion in the Catholic Church.

Massachussets Episcopal Diocese Settles With Break-Away Parish Members

The Episcopal Diocese of Massachusetts has settled a suit that it brought five weeks ago against members of a parish in Attleboro (MA) who broke away and affiliated with the more conservative Anglican Province of Rwanda's Anglican Mission in America. Reports yesterday from the Boston Globe and Episcopal News Service indicate that while neither side would disclose details of the settlement, the break-away members returned some books and "a respectable" fraction of the $180,000 of parish assets they controlled. The break-away group is now worshipping in rented space at Fisher College as All Saints Anglican Church, while the parish members who remain loyal to the more liberal Episcopal Church USA continue to worship as All Saints Episcopal Church. Both sides say the settlement was fair.

Discrimination Claims Dismissed Under Ministerial Exception

In Cronin v. South Indiana Annual Conference, United Methodist Church, 2007 U.S. Dist. LEXIS 57029 (SD IN, Aug. 3, 2007), an Indiana federal district court held that the position of associate council director of the South Indiana Annual Conference falls under the ministerial exception to Title VII of the 1964 Civil Rights Act and the Americans With Disabilities Act. The associate council director's position involves preaching, program development and administration, and therefore was functionally ministerial. On this basis the court dismissed Deborah Cronin's charges of discrimination, finding it lacked jurisdiction over them.

LA Church Leader Convicted of Selling Marijuana As Sacrament

Rev. Craig X Rubin, leader of the 420 Temple in Los Angeles, has been convicted of selling marijuana as part of his church's services. (See prior postings 1, 2, 3.) Sunday's New York Daily News reported that Rubin, who faces up to 4 years and 8 months in prison, will be sentenced Aug. 17. Yesterday Rubin issued a long statement to the press saying that he has no remorse for his actions. He continued: "My only crime is wanting to reach people of my community ... with the Word of God.... I taught them that God created this wonderful plant and that they should study the Word of God as known through the Bible to know the will of God. I am now going to be taken from our society and my seven children, all of whom live at home, for many years for my faith that cannabis is the Tree of Life."

Korean Christians Want To End Licensing Tests On Sundays

In South Korea, the National Assembly's Human Rights Forum and the Christian Council of Korea are questioning the practice of administering state-run tests for teachers' licenses and certain other occupational licenses only on Sundays. Today's Korea Times reports that while over 40% of Koreans are Christians, the country's Central Personnel Committee said that administering the tests on week days would pose significant problems. the Committee rents out space in school buildings to give the tests. Currently only bar exams and higher civil service exams are held on week days.

Conviction For Distributing Religious Flyers Without Permit Reversed

In Baumann v. City of Cumming, (GA Super. Ct., Aug. 1, 2007), a Georgia Superior Court avoided passing on a constitutional challenge to a city parade permit ordinance. Instead it reversed the conviction of Frederic Baumann, who was distributing Christian religious literature on a sidewalk outside the City of Cumming Fairgrounds, finding that the permit ordinance did not apply to Baumann's activities. Apparently the permit requirement applies only to to private organizations or groups of three or more persons. (Alliance Defense Fund release). Baumann had been convicted by a municipal court judge and sentenced to the two days in jail that he had already served.

Clergy To Pray At School Board Meetings Are Scarce

The School Board in Virginia Beach, Virginia is having trouble finding enough clergy to deliver opening prayers at board meetings. Today's Virginian Pilot reports that only 31 pastors, priests or rabbis have agreed to be called on to deliver an invocation. Some clergy have refused to be included on the list because the School Board insists that the prayers be non-sectarian.

Romney Debates His Religion With Talk Show Host

Today's Deseret News reports on an exchange both on and off-the-air between Republican presidential hopeful Mitt Romney and conservative talk-show host Jan Mickelson in which Romney engages in a rather heated and detailed explanation of his Mormon religious beliefs, including his beliefs on abortion. At one point, Mickelson suggested to Romney that he is distancing himself from his religion-- a position that Romney vehemently denied. The exchange is available here on YouTube.

Suit Challenges Moment of Silence In Texas Schools

Today, a federal district court in Dallas, Texas hears arguments in a case challenging the constitutionality of holding a "moment of silence" at the beginning of school days in Texas. Plaintiff David Wallace Croft alleges that a teacher told his son that the time was to be used for prayer. Today's Dallas Morning News reports on the case which alleges that Texas legislators had primarily a religious purpose in providing for a moment of silence. Croft has a long history of complaining about manifestations of religion at the Carollton, Texas elementary school where his three children are enrolled. He has objected to Boy Scout rallies, fliers sent home about the Good News Bible Club, and a holiday concert that included "Silent Night" and a Hanukkah song. He took photos of "In God We Trust" posters hanging in the school and complained that a teacher was wearing an Abilene Christian University shirt.

Break-Away Episcopal Churches Appeal To California Supreme Court

Three break-away Episcopal congregations filed appeals yesterday with the California Supreme Court asking it to reverse the state Court of Appeals decision in the Episcopal Church Cases (See prior posting.) Virtue Online reported that the churhes seek a ruling from the California Supreme Court that church property disputes should be settled through the application of "neutral principles", instead of by giving deference to the highest church tribunal in an hierarchical church. The appeal also asks the Supreme Court to rule that California's anti-SLAPP statute applies to these suits by the Episcopal Church and the Diocese of Los Angeles against individual congregations. (See prior posting.)

Cardinal Lustiger, Defender of Church's Role In Politics, Dies

French Cardinal Jean-Marie Lustiger died on Sunday at the age of 80. Catholic News Service traces the career of the Jewish-born cleric who converted to Catholicism as a teenager, and who maintained a strong interest in Catholic-Jewish relations throughout his life. Lustiger was known for defending the right of French bishops to express views on national political issues. He argued that the French Catholic Church has a right to use its "substantial moral credit" in discussions of public issues. In 2003, he urged the government not to "disturb a fragile balance" between church and state, encouraging it not to ban the wearing of religious symbols in public schools.

Egyptian Convert To Christianity Sues For Recognition of Change

An unprecedented lawsuit has been filed in Egypt by Mohammed Ahmed Hegazy. The 24-year old man is suing the Interior Ministry to force it to recognize his conversion from Islam to Christianity by changing his religious designation on his national identity card. While similar suits have been brought by Christian Copts who converted to Islam and then back to Christianity (see prior posting), Compass Direct News says this is the first case of its kind brought by a Muslim-born convert. Hegazy's attorney, Mamdouh Nakhla of the Kalema Center for Human Rights, has felt the backlash caused by his taking of the case. Muslim clerics and lawyers have filed charges against him of causing sectarian strife and baptizing Muslims. Egypt's security police, the SSI, have warned Nakhla that he may be killed if he does not withdraw the lawsuit.

UPDATE: On Wednesday, Compass Direct News reported that Hegazy's attorney has withdrawn from the case, and Hegazy has gone into hiding while seeking a new lawyer. Mamdouh Nakhla said he was withdrawing from the case both because he did not want to provoke public opinion and because his client failed to provide him necessary documents. However a member of the Center for Human Rights said Nakhla was withdrawing under pressure and death threats.

Pakistan Religious Minorities To Rally For Equal Rights

The All Pakistan Minorities Alliance is planning a massive rally on August 11-- the 60th anniversary of the founding of Pakistan-- to call for increased religious freedom for minority faiths. AsiaNews.it reported last week that organizers expect 100,000 Christians, Hindus, Sikhs, Buddhists, Parsees and others to demonstrate in Lahore for protection of equal rights and abolition of Pakistan's blasphemy laws.

Baltimore Schools Investigate Church's Free Use of Building

Maryland law permits community groups, including churches, to rent space in public school buildings after school hours and on week ends. However, according to today's Baltimore Sun, city school officials in Baltimore are launching an investigation to make sure that churches are in fact paying the usage fees that they are supposed to be charged. Concern was triggered by reports that a Baltimore principal was permitting a church, run by his wife, to hold services without paying the $4140 in annual fees that are supposed to cover electricity and maintenance. Ronald N. Shelley, executive director of the Stadium School, says that he is providing janitorial services and security himself during the Friday night and Sunday services that the Holy Temple Holiness Church of Deliverance conducts in the school building. Stadium School is one of Baltimore's first small, innovative schools. Shelly, its principal, is also an ordained minister and missionary of the Church, a fact that appears on Stadium School's website.

Arabic Public School In NY Generates Continued Controversy

CNSNews today reports that controversy continues to surround the Khalil Gibran International Academy, a public middle school and high school in Brooklyn (NY) that will concentrate on Arab language and culture. (See prior posting.) Opponents, organized as the Stop the Madrassa Community Coalition, fear that the school which will open next month with its first 6th grade class will teach from a religious and political agenda. Officials say that the school's curriculum and textbooks will be the same as in other New York public schools. Joe Klein, chancellor of the New York City Department of Education, says the school is not religious and will be closed down if it becomes religious. The school's advisory board includes three imams, as well as Christian and Jewish clergy.

New Zealand Bishops Lose Appeal In Offensive "South Park" Case

In New Zealand, the High Court at Wellington has rejected an appeal by the Catholic Bishops' Conference challenging a controversial episode of the television show South Park shown by CanWest TV last February. The show, mainly about an alcoholic's struggle to stay sober, contained one scene-- the so-called "Bloody Mary" episode-- showing the Pope being squirted with menstrual blood from a statue of the Virgin Mary. (See prior posting.) Reporting on the decision, last week's New Zealand Herald said CanWest lawyers had defended the broadcast of free speech grounds. The Church, which argued that the program infringed good taste, decency and fairness, said that the court's opinion failed to consider the episode's denigration of women. The court also indicated that it would award $8000 in costs to CanWest.

Recent Prisoner Free Exercise Cases

In Hammons v. Jones, 2007 U.S. Dist. LEXIS 55170 (ND OK, July 27, 2007), an Oklahoma federal district court rejected a challenge under RLUIPA to the Oklahoma Department of Corrections policy that prohibited in-cell possession of prayer oils. The oils could be used to mask the scent of drugs, and are lubricants that can be used in prohibited sex acts and to avoid or escape restraints. Permitting use of oils in prison religious facilities was found to be the least restrictive alternative to in-cell possession.

In Salgado v. Grams, 2007 U.S. Dist. LEXIS 55129 (WD WI, July 30, 2007), a Wisconsin federal district court dismissed an inmate's RLUIPA and free exercise claims. Plaintiff alleged he was denied prayer oil, a prayer rug and prayer beads. However defendants explained that plaintiff never made a request for these items. Also plaintiff made no showing that he held sincere Muslim religious beliefs.

In Echols v. Ramos, 2007 U.S. Dist. LEXIS 55248 (SD IL, July 31, 2007), an Illinois federal district court permitted a Rastafarian prisoner to proceed with his claim against prison officials (but not against the Department of Corrections) alleging that his First Amendment rights were infringed when he was informed he would be required to cut his dreadlocks.

In Toler v. Leopold, 2007 U.S. Dist. LEXIS 55531 (ED MO, July 31, 2007), a Missouri federal district court refused to grant defendants summary judgment in a claim by a prisoner that the First Amendment and RLUIPA were violated when he was denied a kosher diet and instead limited to a vegetarian food option, the ability to self-select items from the menu, and the ability to purchase kosher food from the canteen.

In Barrett v. Williams, 2007 U.S. Dist. LEXIS 39882 (D OR, June 6, 2007), an Oregon federal district court adopted the recommendations of a federal Magistrate Judge (2007 U.S. Dist. LEXIS 55824) that a prisoner's First Amendment and RLUIPA claims be rejected. Inmate Jacob Barrett was not permitted to purchase a book, The Secret of the Runes, because he owed fines. The Magistrate found that this did not impose a substantial burden on Barrett's free exercise rights.

In Robinson v. Department of Corrections, 2007 U.S. Dist. LEXIS 56355 (ND FL, June 6, 2007), a federal Magistrate Judge dismissed an inmate's Free Exercise claim, finding that the inmate failed to allege that withholding religious materials denied him a reasonable opportunity to pursue his religion. Also the court rejected the inmate's retaliation claim, finding he failed to show that withholding these materials was in retaliation for filing grievances.

"Adopt-A-School" Program For Churches Questioned

Yesterday's Visalia (CA) Times-Delta reports on a program operated by the Visalia (California)Unified School District that permits faith community organizations to "adopt" public schools. The guidelines for the program, published by the school board, call for groups to create a supportive presence at their adopted schools, for them to establish and nurture relationships and serve as a practical demonstration of personal faith. However, the guidelines prohibit groups from engaging in overt prayer with students, offering spiritual advice, wearing items that promote a particular faith, inviting students to religious events or arranging contact with then outside of school. Now some critics are questioning whether the church-state separation line has been crossed, especially by a summer sports camp operated by a church at one of the schools. The camp included Bible study. School officials say the church rented school premises for the camp, just as any non-profit group could rent the facilities.

Recent Articles and Book of Interest

From SSRN:
Anne K. Knight, Striking the Balance between Anti-Discrimination Laws and First Amendment Freedoms: An Alternative Proposal to Preserve Diversity, (Aug. 1, 2007).

From Bepress:
Asher Maoz, Religious Education in Israel, (Tel Aviv University Legal Working Paper Series, No.44, July 2007).

Multi-article issues:
From the State House to the Schoolhouse: Religious Expression in the Public Sphere, articles by Cynthia A. Baker, Kevin C. McDowell, Luke Meier, Mark Strasser, 40 Indiana Law Review 491-584 (2007).

Journal of Church and State, Vol. 49, No. 2 (Spring 2007) has recently been published.

From SmartCILP:
Robert Audi, Religion and Public Education In a Constitutional Democracy, (Reviewing Kent Greenawalt, Does God Belong in Public Schools?), 93 Virginia Law Review 1175-1195 (2007).

David Keane, Addressing the Aggravated Meeting Points of Race and Religion, 6 University of Maryland Law Journal of Race, Religion, Gender & Class 367-406 (2006).

Andrew Koss, Anti-Semitism in Poland, Then and Now: A Review of Two Books, (Reviewing Jan T. Gross, Fear: Anti-Semitism After Auschwitz; and Joanna Beata Michlic, Poland's Threatening Other.) 1 Columbia Journal of East European Law 188-199 (2007).

Alenka Kuhelj, A Socio-Legal View on Multi-Culturalism and Religious Changes in Post-Communist EU States, 1 Columbia Journal of East European Law 114-141 (2007).

Jennifer M. Smith, Morse Code, Da Vinci Code, Tax Code and ... Churches: An Historical and Constitutional Analysis of Why Section 501(c)(3) Does Not Apply to Churches, 23 Journal of Law and Politics 41-88 (2007).

Mark Totten, The Politics of Faith: Rethinking the Prohibition on Political Campaign Intervention, 18 Stanford Law & Policy Review 298-323 (2007).

New book:
Bill Osinski, Ungodly: A True Story of Unprecedented Evil (2007),(reviewed by Fulton County Daily Report).

Scientology's Help In Disaster Areas Questioned

An ABC News report on Friday focuses on the Church of Scientology's large corps of ministers who appear at natural and man-made disasters around the world. Scientology says they are there to assist and console. Critics say that Scientology uses these disasters to convert people when they are most vulnerable. 20 Scientologists in the Minneapolis area headed to the site of the collapsed bridge last week to help the Red Cross. In recent years, Scientology volunteers have been at Virgina Tech, New Orleans after Hurricane Katrina, and Ground Zero after 9/11.

Trial Set To Begin In Suit To Recover Funds Donated To Church

Today's Palm Beach Post reports that jury selection is scheduled to begin Tuesday in a suit against a West Palm Beach (FL) Baptist church and its former pastor. Lucinda Bennett is seeking to recover $1.8 million she gave to the church and its pastors, claiming that the church's pastoral staff improperly obtained the funds from her, knowing that she was mentally ill at the time. The church argues that Bennett donated her recently-inherited funds freely in the exercise of her constitutional right to practice her religion.

Italian Premier Wants Church To Help With Tax Compliance

Italy's Premier Romano Prodi has asked the Catholic Church to help the government in its attempt to crack down on tax evasion. In an interview with a religious weekly, Prodi said: "A third of Italians heavily evade taxes.... Why, when I go to Mass, is this issue, which is ethically charged, almost never touched upon in the homilies?" The AP reported last week that Prodi's appeal has led his opponents to charge that he is violating the principle of secularism that he has strongly defended in the past.

Some of Pastor's Defamation and Related Claims Dismissed

In Seung Jin Lee v. Tai Chul Kim, (Nassau Co. Sup. Ct., Aug. 2, 2007), a New York trial court dismissed several defamation claims brought by the Senior Pastor of the Korean Church of Eternal Life (Woodside, Queens) against two opponents of her serving in that position. It found the statements underlying those claims do not constitute defamation. However, the court permitted plaintiff to move ahead with her claim that certain other statements were defamatory. The court also dismissed the pastor's claims of intentional infliction of emotional distress, trespass, conversion and tortious interference with contract.

Complex Housing Discrimination Case Generates Multiple California Lawsuits

In Santa Monica, California, suits alleging housing discrimination on the basis of religion have been filed in both federal and state court by tenants about to be evicted from an apartment building and by the City Attorney's Office. Yesterday's Santa Monica Daily Press reports on developments. The suits claim that Or Khaim Hashalom-- whose status as a religious organization the suits are challenging-- has been attempting to evict current tenants so it can demolish the building in which they live and put up high-priced condominiums that would be sold only to Jewish refugees from the Middle East. The tenants' suit seeks compensatory damages of $5 million per tenant, plus punitive damages and attorneys' fees.

In the complicated dispute, the city has has declared the current building a "landmark" so it cannot be torn down. Or Khaim has challenged that in its own lawsuit, claiming both that the designation is not justified under the landmark law, and that as a religious institution it is exempt. (Cal. Govt. Code. Sec. 37361). Meanwhile, Or Khaim says it has given up on its plans to house Jewish refugees and instead plans to offer transitional housing for the poor. The suit filed by the city indicates that it is skeptical, saying that Or Khaim has already begun "ethnic and religious cleansing" of the apartment building. A more detailed account of the controversy appears in today's Iranian Jewish Chronicle.

UPDATE: On Aug. 6, a federal district judge issued a preliminary injunction prohibiting eviction of tenants. The Santa Monica Daily Press reported the court found that there may have been a violation of the Fair Housing Act.

Military Chaplain Imposter Sentenced To Probation and Community Service

Today's Seattle Post-Intelligencer reports on the sentencing of Reggie Buddle, who falsely posed as a military chaplain and Marine combat hero. Buddle convinced 19-year old Christopher Bearce to enlist in the Marines. Then he baptized Bearce and two of his friends before they left for basic training. Later on, Buddle performed the wedding ceremony for Bearce and his fiancée, and officiated at the funeral of Bearce’s grandmother. Buddle plead guilty last April to unlawful wearing of military medals and decorations, and now has been sentenced to two years' probation and 500 hours of community service in a military cemetery.

China Asserts More Control Over Tibet's Buddhists

Friday's Washington Post reports that China’s State Administration for Religious Affairs is attempting to increase its control over Tibetan Buddhism by mandating that it approve all future reincarnate lamas (tulkus) who generally lead religious communities in Tibet. China already insists on approving the best-known reincarnates, including the Dalai Lama and the Panchen Lama.

Court OK's Michigan Agency's Deletion of Bible Verses From Advocates' Profiles

Michigan's Unemployment Insurance Agency (UIA) operates an Advocacy Program to provide representation to parties in administrative hearings. Advocates who wish to offer their services contract with UIA to submit biographical information that is then circulated to employers and employees. In Grosjean v. Bommarito, 2007 U.S. Dist. LEXIS 56108 (ED MI, Aug. 2, 2007), a Michigan federal district court upheld the UIA’s decision to eliminate Biblical quotations that two advocates had previously included in their profiles. Even though the advocates had been hired by some clients on the basis of these quotations, the court held that the UIA was justified in removing the quotations as irrelevant to the individuals' qualifications. The court rejected Establishment Clause, Free Speech, Equal Protection, vagueness-overbreadth, and mootness challenges to the UIA’s action.

Kentucky Churches Press Courts For Tough Drug Sentences

The AP reported Friday on a program in eastern Kentucky known a Church Watch. Christian churches enlist volunteers to monitor court hearings in drug-related cases to see whether officers are showing up to testify and judges are handing out severe enough sentences. The group complains to law enforcement or courts if they believe that courts are not doing the right thing. They also collect data in order to track trends in drug crimes. Clay County (KY) judges say that Court Watch observers are welcome in their courtrooms.

DoD Inspector General Finds Fault In Military Support of Christian Embassy

In a press release issued today, Military Religious Freedom Foundation founder Mikey Weinstein drew attention to a July 20 report by the Department of Defense Inspector General that found wrongdoing in connection with the appearance by military officials in a video promoting Christian Embassy. (See prior posting.) The Inspector General's Report (full text via Truthout.org) found that seven military officers violated various military regulations through their actions:

The seven officers participated in interviews with Christian Embassy, excerpts of which were also included in the promotional video. The officers were filmed during the duty day, in uniform with rank clearly displayed, in official and often identifiable Pentagon locations. Their remarks conferred approval of and support to Christian Embassy, and the remarks of some officers implied they spoke for a group of senior military leaders rather than just for themselves. None of the officers sought or received approval to participate in the interview in an official capacity or in uniform....

Chaplain Benson requested and obtained limited approval for Christian Embassy to film in the Pentagon by mischaracterizing the purpose and proponent of the video. His request implied that the video was being produced to document the Pentagon chaplain's ministry rather than to promote a non-Federal entity....

[Thanks to Michael Lieberman for the information. ]

UPDATE: Saturday's Washington Post covers the Inspector General's report. Truthout.org also has the story and the video.

Plans For Jewish Charter School Continues To Generate Debate

Philadelphia's Jewish Exponent carries a long article today discussing the controversy surrounding the Ben Gamla Charter School opening in Hollywood, Florida this month. (See prior posting.) At issue is whether the school will truly be a secular institution focusing on Hebrew language and Jewish culture, or whether its offerings will in fact be religious. Much of the controversy is within the Jewish community of Broward County, which includes a large concentration of Israelis. Critics say the school provides a road map for other religious groups to use to get around church-state restrictions. The school's director, Orthodox Rabbi Adam Siegel, says students will learn Hebrew, Jewish culture and Jewish history for two hours a day, but that there will be no teaching of prayer or Torah. The school will serve kosher meals, and students can organize their own worship services.

Sigel said, "I didn't get hired for this job because I'm a rabbi. Plenty of Orthodox Jews work as stock brokers and lawyers without converting people. If you're a math teacher, you focus on the math. It's not my job to chase people and make them Jewish." Meanwhile Reform Rabbi Allan Tuffs, a critic of the school and a strong supporter of church-state separation, says that the school is being marketed through Chabad Lubavitch congregations as providing the equivalent of a Jewish day school education.

3rd Circuit Defines "Substantial Burden" Under RLUIPA

In Washington v. Klem, (3d Cir., Aug. 2, 2007), the U.S. 3rd Circuit Court of Appeals settled on a definition of "substantial burden" under the Religious Land Use and Institutionalized Persons Act. It held: "For the purposes of RLUIPA, a substantial burden exists where: 1) a follower is forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one of the precepts of his religion in order to receive a benefit; OR 2) the government puts substantial pressure on an adherent to substantially modify his behavior and to violate his beliefs."

Inmate Henry Washington's religion requires him to read four Afro-centric books each day. The court found that prison authorities substantially burdened Washington's religious exercise by limiting him to having 10 books at any time in his cell. Further, the state failed to show how its policy furthers its interest in safety and health of prisoners and staff.

Alabama School Sued On Behalf of Good News Clubs

In Alabama yesterday, Liberty Counsel filed suit against the Gadsden City School District for its refusal to permit Good News Clubs to meet on school premises. Liberty Counsel says that School Superintendent Rob Russell refused to respond to letters, telephone calls and e-mails seeking a meeting about use of school facilities on an equal basis with other groups. Good News Clubs hold meetings after school for elementary school children and teach them Bible lessons, character development, interpersonal skills and moral values.

Distant Heir To British Throne Will Be Disqualified After Marrying Catholic

Peter Phillips, grandson of Queen Elizabeth and tenth in line to the throne, will be required to renounce his unlikely possibility of becoming king of England now that he has announced his engagement to Autumn Kelly, who was baptized in 1978 as a Roman Catholic. Yesterday's Times Online reports that even if Miss Kelly does not in fact practice her religion, Phillips' marriage to her will disqualify him under the 1701 Act of Settlement that prohibits the monarch or heirs to the throne from marrying a Catholic. Tablet editor Catherine Pepinster said the Act of Settlement is "the last symbol of Britain’s anti-Catholic history". Phillips is the only son of Princess Anne. Currently he performs no royal duties and works for the Royal Bank of Scotland.

Florida County Changes Rules On Distributing Literature In Parks

Responding to a lawsuit filed last month (see prior posting), an Orange County, Florida park official filed an affidavit in federal district court indicating that park rules have been changed. The new rules no longer require county approval of literature before it may be distributed in parks. The affidavit also indicated that plaintiff, Shirley Snyder, is now free to distribute religious literature in public parks. In a release announcing these developments, Liberty Counsel said it was still moving ahead with its lawsuit because "the new policy does not undo the damage caused by the County's original literature ban".

UPDATE: On Aug. 28, the Orange County Board of Commissioners approved a settlement that includes payment of damages to Snyder in addition to its previous change in its park rules. Liberty Counsel says it will now drop the lawsuit.

Columnist Says Faith-Based Initiative Has Been Counter-Productive

An interesting op-ed by Christopher Ringwald, published today by Yahoo News, suggests that President bush's faith-based initiative has been counter-productive. Ring says:

[T]he [faith-based] campaign, ignored by Congress and challenged in court, has dropped off the White House talking points. After a brief mention in the 2006 State of the Union address, it was left out entirely this year.

The initiative did leave another legacy: It gave spirituality a bad name in social-service circles. Sad, since spiritual or religious beliefs and practices help millions of people recover from addiction, mental illness and criminality. Unlike other social services that provide a generic good, such as housing, rehab programs often invoke spirituality as the very means of recovery. But after six years of faith-based talk and funding by federal agencies, mental-health and addictions-treatment professionals are wary of spiritual interventions, which they associate with one religious brand: the conservative Christianity of Bush partisans. In reality, the spirituality of treatment and recovery ranges much more widely, from the Twelve Steps of Alcoholics Anonymous (AA) to meditation, group confession, or yoga.

Court Permits Pharmacist To Sue Employer For Religious Discrimination

In Vandersand v. Wal-Mart Stores, 2007 U.S. Dist. LEXIS 55250 (CD IL, July 31, 2007), an Illinois federal district court refused to dismiss a religious discrimination claim by a pharmacist against Wal-Mart. Pharmacist Ethan Vandersand claimed that Wal-Mart violated Title VII of the 1964 Civil Rights Act and Illinois' Right of Conscience Act when it placed him on unpaid leave after he refused to dispense emergency contraceptives. Wal-Mart claimed it was merely complying with a state regulation that requires pharmacies to dispense Emergency Contraceptives without delay. However, the court held that "it is unclear at this stage whether Wal-Mart could comply with the Rule, and still accommodate Vandersand's beliefs, without an undue hardship.... For example, another pharmacist at the Pharmacy might have been able to fill such prescriptions."

The court also held that that Illinois Right of Conscience Act that prohibits discrimination "against any person in any manner . . . because of such person's conscientious refusal to . . . perform, assist, . . . or participate in any way in any particular form of health care services contrary to his or her conscience" applies to pharmacists.

Government Dismisses Its Appeal Of Order Allowing Religious Postings In Workplace

After initially appealing the decision in Lister v. Defense Logistics Agency to the U.S. 6th Circuit Court of Appeals, the federal government voluntarily dismissed its appeal. (Dismissal order.) The dismissal leaves intact the holding by an Ohio federal district court that it is unconstitutional to prohibit items reflecting religious views from being posted on Notice Boards in the federal workplace. In its release announcing the dismissal, the Alliance Defense Fund explained that the controversy arose out of a federal employee's request "to post a flyer warning that donations made to a federal charitable contribution program may be used to support abortion, sexual promiscuity, homosexual behavior, and New Age mysticism."

Indian Court Grants Bail To Nuns Charged With Forcible Conversion

Spero News reported yesterday that in the Indian state of Orissa, a court has released two Catholic nuns on bail two days after they were arrested on charges of forcefully converting two girls, aged 14 and 11. Sisters Prema Thomas, 62, and Mary Sebastian, 52, work in a Church-run hostel that houses 80 girls from local villages. Father Isaac Puthenangady, chancellor of Balasore diocese that has operated the hostel for 30 years, says that the girls filing the complaints were sent by fanatic anti-Christian Hindu elements "to corner the missioners".

Church's Suit Over Times Square Billboards Settled

In New York, a settlement has been reached in a suit brought by a Times Square church to prevent a company from placing an ad for a bidet toilet on billboards on the side of the building housing the congregation. (See prior posting.) The planned ad was to feature bare buttocks with smiley faces on them. But Pastor Neil Rhodes had problems with his congregants encountering nudity as they went to church. Yesterday's Christian Post Reporter says that under the settlement, the billboards will go up, but the buttocks now will be covered with a white band that runs the length of the ad. On the band will be the words: "This is our bottom line. Clean is happy. No ifs, ands, or ..."

Canadian Special Prosecutor Urges Court Test of Polygamy Laws

In Canada, according to a Reuters report yesterday, a special prosecutor has recommended to British Columbia's attorney general that Canadian courts be asked to rule on the constitutionality of Canada's laws prohibiting polygamy. Prosecutors traditionally have been hesitant to file charges under the law, fearing that it would be struck down as infringing freedom of religion. At the same time, the independent prosecutor Richard Peck supported the decision of provincial prosecutors not to file criminal charges against members of the polygamous FLDS Church community in Bountiful, BC.

Labor Department Seeks Comments On Discrimination Complaint Form

Form CC-4, promulgated by the Department of Labor's Office of Federal Contract Compliance Programs, is the federal form that is to be used to file a complaint of religious (or other types of) discrimination by federal contractors and subcontractors. OFCCP is now asking for comments on its request to the Office of Management and Budget to extend Form CC-4 for use beyond its current expiration date of January 31, 2008. Comments are due by September 18. Details for submitting comments are set out in a report by CCH Business & Corporate Compliance.

European Court Finds Russian Town Violated Church's Rights

Last week, in Case of Barankevich v. Russia, (ECHR, July 26, 2007), the European Court of Human Rights found that Russian government officials violated the European Convention on Human Rights when they refused to permit the pastor of the Christ's Grace Church of Evangelical Christians to hold a worship service in a park in the town of Chekov. The Chekov Town Council had taken the position that services should be held only on the Church's own premises. The European Court rejected the town's argument that because the religion was practiced by only a minority of the town's residents, a public service might provoke a violent counter-demonstration. The Court found that the town's refusal violated Article 11 of the European Convention on Human Rights (right to peaceably assemble), interpreted in light of Article 9 (freedom of religion). The Court awarded damages of 6000 Euros to compensate the pastor, Petr Ivanovich Barankevich, for the violation. Forum 18 today carries a long report on the decision.

Florida Court Upholds Use of Catholic Church As Polling Place

A Florida federal district court has rejected an Establishment Clause challenge to Palm Beach County (FL) board of election's use of a Catholic church as a polling place. In Rabinowitz v. Anderson, (SD FL, July 31, 2007), the court said that plaintiff lacked standing to mount a county-wide challenge to the use of churches as polling places. However he could challenge his own polling location. As to that polling location, the court found no endorsement of religion nor excessive entanglement. "All the religious symbols and messages present in the Church were the private speech of that particular house of worship.... While plaintiff may feel discomfort when viewing the religious symbols at the Church, that feeling of discomfort does not equate to a constitutional violation...." Today's New York Sun reports on the decision. [Link to opinion from How Appealing.]

House Votes To Expand Limitations Period In Pay Discrimination Cases

The Washington Post reports that yesterday, by a vote of 225-199, the U.S. House of Representatives passed H. 2831, the Ledbetter Fair Pay Act of 2007. The bill responds to the U.S. Supreme Court's decision in May in Ledbetter v. Goodyear Tire & Rubber Co. At issue is the statute of limitations in suits under federal law for pay discrimination based on religion, race, sex or national origin. Under H. 2831, the statute of limitations will begin to run anew each time the employee receives a paycheck affected by unlawful discrimination.

Indian State Governor Refuses To Sign Religion Law Amendments

Today's Economic Times reports that the Governor of the Indian state of Gujarat has refused to sign amendments to the state's 2003 Freedom of Religion Act, returning the bill passed last September to the State Legislative Assembly. The law is supposed to prevent religious conversion by force, allurement or fraud. However, the 2006 amendments eliminate protection for a person renouncing one denomination and adopting another denomination of the same religion. The amendments, by defining Jains and Buddhists as members of the Hindu religion, withdraws protection from Jains and Buddhists. Similar problems are posed by the amendment's definition of Shia and Sunni as being Muslim denominations, and Catholics and Protestants as being members of a single Christian faith. In returning the bill for reconsideration, Governor Nawal Kishore Sharma said that it violates Article 25 of India's the Constitution that protects freedom of religion. (The Hindu.)

UPDATE: Faced with the Governor's rejection, Gujarat's Chief Minister Narendra Modi said the government would implement the 2003 Act that had been approved by the governor but never put into effect. (Times of India, Aug. 2.)

Nine Employees So Far Take Advantage of Ohio's Civil Service Union Dues Alternative

Last September, under a consent decree, the Ohio Civil Service Employees Association changed its collective bargaining agreement to permit a broader group of employees who have religious objections to positions the union takes to instead have the equivalent of union dues directed to charity. (See prior posting.) LifeSite News yesterday reported that a new study shows that since September, twelve employees have applied for the right to send their payments to charity. Nine of the requests have been granted, one has been denied, one was withdrawn and one request is still pending.

Israeli Government Encourages New Interreligious Council

In Israel, the Ministries of Foreign Affairs and Interior have been successful in getting religious leaders to set up a new Council of Religious Community Leaders . (MFA Release.) The new organization with representatives from Jewish, Muslim, Druze, Greek Orthodox and other Christian denominations, Bahai, Ahmadiyya and Samaritan faiths will work to promote inter-religious dialogue and further issues common to all religious groups in Israel. The "Covenant" adopted by the Council denounces violence and calls for free access for all believers to their holy sites.

Arrest Made In Quran Desecration Case At Pace University

Last Friday in New York City, a 23-year old man was arrested on hate crime charges of criminal mischief and aggravated harassment for twice placing a copy of the Quran in a toilet at Pace University's campus in lower Manhattan. Newsday reported last week that Stanislav Shmulevich of Brooklyn was accused of the acts that took place in October and November amid other incidents with racial or religious overtones that took place at the university. Yesterday, CAIR issued a statement commending the NYPD for its handling of the case.

Charges Against Saudi Religious Police Dismissed

The International Herald Tribune reports today that a court in Saudi Arabia has dropped charges against three members of the country's religious police and a regular police officer. They were charged in the death of Ahmed al-Bulaiwi a retired border patrol guard who supplemented his pension by acting as a driver. He was arrested after police observed a woman who was not related to him getting into his car near an amusement park. Women are permitted to be in public only with male relatives. Reports say the Saudi judge dismissed the case without questioning witnesses or reviewing the medical report on al-Bulaiwi's death. Religious police are employed by the country's Commission for the Propagation of Virtue and the Prevention of Vice.(See prior related posting.)

Arkansas Judge Agrees To Excuse Defendant From 12-Step Program

In Fayetteville, Arkansas, parties yesterday settled a federal court suit brought against a state trial court judge challenging a sentence he handed down. Mindy Gayle Offutt sued Rogers District Court Judge Doug Schrantz because he ordered her to participate in a 12-step program. Offutt claimed the order violates her First Amendment rights because the 12-step program is based on religion and requires participants to pray at the end of each session. Today's Fayetteville Morning News reports that under the settlement, Judge Schrantz will issue an amended order excusing Offutt, who plead guilty to possessing a controlled substance, from the 12-step requirement.

RI Prisons Adopt New Policy On Inmates Preaching In Settlement of Suit

After losing in the 1st Circuit Court of Appeals last April, the Rhode Island Department of corrections has settled a suit by prisoner Wesley Spratt who wanted to preach to fellow prisoners. Even though Spratt had preached in prison for seven years, in 2003 a new warden put in a blanket ban on inmates preaching, arguing that giving inmates positions of leadership or authority poses a security risk. As part of the settlement, the Department adopted a new policy that permits inmates to preach at religious services in prison under supervision of a chaplain. However, sermons that encourage racism, hate or divisiveness are prohibited. Also, the policy prevents any single inmate from monopolizing the pulpit. Articles on the settlement, which was approved yesterday in U.S. federal district court, were published today by The Day and by the Providence Journal. Spratt was represented by the Rhode Island chapter of the ACLU.

Amicus Says Upholding Gay Marriage In Iowa May Impact Churches

In Polk County, Iowa a suit is pending challenging the constitutionality of Iowa's Defense of Marriage Act. Six gay and lesbian couples have claimed that denying them marriage licenses violated the state constitution's equal protection and due process clauses. Yesterday's Iowa City Press-Citizen reported that an amicus brief filed in the case by the Becket Fund argues that recognizing same-sex marriage could lead to discrimination suits against religious institutions that refuse to extend employment benefits to such couples or which fire gay married employees to show church disapproval of such relationships. Such groups might also lose tax benefits or access to other government programs. The brief also raises the spectre of hate speech, incitement or conspiracy claims against preachers who have strongly denounced same-sex marriage if a congregant subsequently commits a hate crime against such a couple.

Scottish Adoption Agency Threatens To Close Over Gay Adoption Mandate

In Scotland, Rev. Joseph Devine, the Bishop of Motherwell, has said that Glasgow's Catholic adoption agency, St. Margaret's Children and Family Care Society, will close rather than comply with UK's Sexual Orientation Regulations that came into effect earlier this year. (See prior posting.) Those regulations would require that the agency permit adoptions by same-sex couples. Yesterday's LifeSite News reports on Bishop Devine's comments.

Underground Catholic Priests Detained In China

Yesterday's Washington Post reports that in China last Tuesday, three priests from China's underground Roman Catholic Church were detained by authorities in the northern region of Inner Mongolia. They had fled from their hometown in order to avoid arrest for refusing to join China's government-approved Catholic Church. Quoting the Cardinal Kung Foundation, the report says that other underground church officials are also being held. Another priest was detained earlier this month. In all, five bishops and 15 priests or lay people have been jailed, and others are under surveillance or house arrest.

Meditation Programs Spread In Public Schools Raising Church-State Questions

Yesterday's Inside Bay Area reports on the growing movement around the country to introduce meditation and mindfulness programs in public schools. However opponents claim that the programs are religious in nature, with roots in Buddhism and Hinduism. They say that mantras and meditation should not be allowed if prayer is banned. However meditation and mindfulness programs have become more "medicalized", teaching skills such as paying attention and controlling emotions without showing obvious religious trappings.

Massachusetts Religious Exemptions From Vaccination Up

Boston's WCBV-TV yesterday reported an increase in the number of Massachusetts parents claiming a religious exemption from the requirement that their children be vaccinated before entering school. In 2001, 343 kindergartners received an exemption, while last year that number was up to 474. Unlike 18 other states, Massachusetts does not provide an exemption for philosophical objections to vaccination-- as opposed to religious ones. 76 MGL Sec. 15 exempts a "child whose parent or guardian states in writing that vaccination or immunization conflicts with his sincere religious beliefs...." However it appears that a number of the parents claiming an exemption actually had philosophical rather than religious concerns.

Recent Prisoner Free Exercise Cases

In Fowler v. Crawford, 2007 U.S. Dist. LEXIS 53070 (WD MO, July 23, 2007), a Missouri federal district court upheld the denial by officials at a maximum security prison of a Native American inmate's request to have access to a sweat lodge. The court rejected the inmate's First amendment and RLUIPA claims based on the prison's interest in safety and security.

In Stewart v. Corrections Corporation of America, 2007 U.S. Dist. LEXIS 52875 (SD IN, July 19, 2007), an Indiana federal court held that no substantial burden had been placed on plaintiff's exercise of religion either by requiring him to fill out a request in order to obtain vegetarian meals for religious reasons or by taking more than one day to grant the request.

In Horton v. Erwin County Jail, 2007 U.S. Dist. LEXIS 53759 (ED TN, July 23, 2007), a Tennessee federal district court held that a prisoner's conclusory allegation that while in jail he was denied religious exercise is insufficient to state a First Amendment claim.

Congress Gives Immunity To Air Passengers Reporting Suspicious Activities

On Friday, Congress passed and sent to the President for his signature HR 1, the bill implementing recommendations of the 9/11 Commission. (Washington Post). Included in the Conference Committee's version of the bill that was enacted is a provision reacting to a lawsuit filed last year by a group of imams who were kept off a flight from Minneapolis after a number of passengers reported they were acting suspiciously. (See prior posting.) Significant concern was expressed when that lawsuit named unidentified air passengers as defendants. The provision, retroactive to Oct. 1, 2006, (as reported by the Washington Times) reads:

Any person who, in good faith and based on objectively reasonable suspicion, makes or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under federal, state and local law for such report.

Debra Saunders in today's San Francisco Chronicle praises Congress for enacting the provision, as does Ericka Andersen at Human Events yesterday. They give special credit to the provision's co-sponsor, New York Rep. Peter King, and to Sens. Joe Leiberman (I-Conn.) and Susan Collins (R-Maine) for getting Conference Committee approval of the so-called "John Doe" protections.

UDPDATE: The John Doe protections in HR 1 were the subject of July 30's Talk of the Nation from NPR. You can listen to the program online.

Text of USCIRF Hearings On Minority Religions In Iraq Now Online

Last Wednesday, the U.S. Commission on International Religious Freedom held a hearing on the threats faced by Iraq's non-Muslim religious communities of antiquity-- the ChaldoAssyrian Christians, Yazidis, Sabean Mandaeans, and other minority religious groups. The statements and prepared testimony of eight witnesses appearing at the hearings are now available on USCIRF's website.

Recent Law Review Articles on Law and Religion

Recently published law review articles from SmartCILP and SSRN:

Philip C. Aka, The Supreme Court and the Challenge of Protecting Minority Religions in the United States, (Reviewing Garrett Epps, To an Unknown God: Religious Freedom on Trial.), 9 The Scholar: St. Mary's Law Review on Minority Issues 343-408 (2007).

William J. Dobosh, Jr., Coercion in the Ranks: the Establishment Clause Implications of Chaplain-Led Prayers at Mandatory Army Events, 2006 Wisconsin Law Review 1493-1562 (2006).

Charles Flores, Marital Jam Sessions on Trial: Ecclesiastical Abstention and Employment Division, Department of Human Resources v. Smith in the Supreme Court of Texas, 9 The Scholar: St. Mary's Law Review on Minority Issues 409-426 (2007).

L. Scott Smith, Religion, Politics, and the Establishment Clause: Does God Belong in American Public Life?, 10 Chapman Law Review 299-358 (2006).

Stephen W. Trask, Evolution, Science, and Ideology: Why the Establishment Clause Requires Neutrality in Science Classes, 10 Chapman Law Review 359-390 (2006).

James L. Werth, Jr., Some Personal Aspects of End-of-Life Decisionmaking, 61 University of Miami Law Review 847-861 (2007).

Leila Hessini, Abortion and Islam, Policies and Practices in the Middle East and North Africa, 15 Reproductive Health Matters, No. 29, pp. 75-84 (May 2007) (SSRN Abstract).

Mark Strasser, Thou Shalt Not?, 6 Journal of Race, Religion, Gender and Class 439-90 (2006) (SSRN Abstract).

Ohio Court Dismisses Suit Against Pastor For Misuse of Church Funds

Today's Columbus (Ohio) Dispatch reports that a Franklin County (OH) Common Pleas Court judge earlier this month dismissed a lawsuit that had been brought by 18 members of Columbus' World of Pentecost Church against the church's pastor and church officers. The pastor, Rev. David Thompson, had taken out a third mortgage on the church’s property for $130,000 and used another $800,000 of the church's funds in an "energies scheme". Plaintiffs, claiming a breach of fiduciary duty, sought return of the funds and removal of Thompson as pastor. Originally Franklin County Judge Charles A. Schneider took jurisdiction over the case which claimed that defendants had no right under the church's bylaws to take the funds without consent of the church’s members. He appointed Thompson's father as temporary pastor and ordered him not to speak from the pulpit about the case. However, as the case progressed, the judge found that the church bylaws were full of biblical references. He ultimately concluded that deciding the case would involve the court too extensively in religious matters, in violation of the First Amendment. The Columbus Police economic crimes unit continues to investigate the case.

8th Circuit Upholds Religious Discrimination In Employment Verdict

Yesterday, the U.S. 8th Circuit Court of Appeals upheld the award of nominal damages ($1) and of attorneys fees and costs to Doyle Ollis, Jr., a member of the Assemblies of God Church, who sued his employer, HearthStone Homes, Inc. for religious discrimination and retaliation. In Ollis v. HearthStone Homes, Inc., (8th Cir., July 27, 2007), the court found that there was sufficient evidence for the jury to find that the company’s firing of Ollis for asking a co-employee inappropriate sexual questions was pretextual, and that the real reason for his firing was religious discrimination.

HearthStone's owner, John Smith, believed in "Mind Body Energy". The court found that "HearthStone used Mind Body Energy (MBE) sessions to 'cleanse [the] negative energy' from its employees in order to enhance their work performance. [It] … paid for its employees to attend an MBE course in California which required participants to read The Tibetan Book of Life, discussing Buddhist and Hindu teachings." Smith also used a technique called "muscle testing" when questioning employees or making business decisions. These were inconsistent with Ollis' religious beliefs.

The court's description of both Smith’s business practices and Ollis’ interaction with a female employee – who was later herself discharged for “doing cart-wheels naked on a golf course”-- suggest that the entire atmosphere of this Nebraska home sales company was somewhat unconventional. [Thanks to Alliance Alert for the lead.]

Baptist Joint Committee Moving Toward New Offices On Capitol Hill

The Baptist Joint Committee for Religious Liberty—a group that strongly promotes separation of church and state a a way to preserve religious freedom—has passed the half-way mark in its $5 million capital campaign to acquire and renovate a building on Capitol Hill that will become the organization's offices. The Associated Baptist Press reported that a $500,000 challenge grant from the family of the late John Baugh (founder of the Sysco Corporation), as well as an anonymous $200,000 gift, were keys in its success so far.

San Diego Elementary School Changes Accommodations for Muslim Students

According to yesterday's San Diego Union-Tribune, a California elementary school has backed off to some extent from accommodations it had made for a group of 100 Somali Muslim students who had enrolled last year after their charter school closed. San Diego's Carver Elementary School created single-gender classes and gave students a daily 15-minute break for voluntary prayers. (See prior posting.) News of the accommodations, however, generated national, and even international, controversy. (See Wall of Separation blog.) For this fall, the school has eliminated its single-gender classes (even though they are permissible under federal law) and has reconfigured its lunch periods so that the regular lunch period for older students will fall at the time of required Muslim prayers. That way, older students—the ones required under Muslim law to pray regularly—can use their regular lunch period for prayer, as can students of any other religion as well.

Defense Fund Created To Cover Outlays In Defense of Courthouse Jesus Picture

Thursday’s New Orleans Times-Picayune reports that in Slidell, Louisiana, a local pastor has already raised $10,000 in a legal defense fund to help the Slidell City Court fight a lawsuit challenging the constitutionality of its displaying a picture of Jesus in the courtroom lobby. The ACLU is challenging the picture—an Eastern Orthodox religious icon. Alliance Defense Fund is representing the Slidell City Court free of charge, but funds are needed to cover any award of attorneys’ fees to the ACLU in case the plaintiff wins the lawsuit. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

Moldovan Parliament Amends Religion Law To Get President's Approval

Responding to objections raised by Moldova's President Vladimir Voronin when he refused to sign a new law on religious faiths passed by Parliament in May, Moldova’s Parliament has enacted amendments to the Religion Law. The new version of the law provides: "the state recognizes special significance and primary role of the Orthodox Christian religion and the Orthodox Church in life, history and culture of the people of Moldova." Reporting on the amendments, Interfax yesterday said that they also are designed to restrict "sectarian cults". (See prior related postings 1, 2.)

Charges Against Gideons Dismisssed By Florida Court

World Net Daily reports today that in Key Largo, Florida, a judge has dismissed charges brought against two members of Gideons International who were handing out Bibles last January on a sidewalk near a Key Largo school. (See prior posting.) After having initial trespass charges dismissed, the two were re-charged under a statute that prohibits being within 500 feet of school property during school hours without having legitimate business or other authorization. Alliance Defense Fund Senior Legal Counsel David Cortman, who was defending the Gideons said that the statute, read literally, would have covered people merely driving by the school. If those people are exempt and the Gideons are not, then the statute creates a content-based restriction on speech, he argued.

Pharmacists' Suit Challenges Washington State's Mandate To Fill "Plan B" Orders

In Washington state on Wednesday, two pharmacists and the owner of a supermarket that contains a pharmacy, sued to challenge the state's new rule that requires pharmacies to fill orders for emergency contraceptives. (See prior posting.) The so-called Plan B morning-after pill is now available over-the-counter to adults. Individual pharmacists with religious or moral objections can refuse to supply a customer with the contraceptives only if they can find a co-worker at the same pharmacy to fill the order. The lawsuit filed in federal court in Seattle claims that the new rules violate pharmacists' constitutional rights by requiring them to choose between "their livelihoods and their deeply held religious and moral beliefs." The Associated Press reports on the case. [Thanks to Melissa Rogers for the lead.]

UPDATE: Here is a copy of the complaint and the motion for a preliminary injunction. The case is Storman's v. Selecky. More on the case is at Constitutionally Correct and in this release from the Alliance Defense Fund which is representing the plaintiffs.

Florida School Board Again Debates Hebrew Charter School

Today's Florida Jewish News carries a long account of a Broward County School Board meeting held last Tuesday to deal with two changes in plans for the Ben Gamla school, a Charter School that will teach Hebrew. The controversial school has already been approved by the Board, despite concerns about church-state issues. (See prior posting.) Tuesday's meeting approved a change in the Hebrew curriculum that will be taught. The school agreed to switch to one that had already been approved for Hebrew language courses in public schools, in order to alleviate concerns that its Hebrew course would have too much religious content in it. The Board also approved a change in location of the school-- out of a synagogue and into a larger building because of the high demand for enrollment in the fall. (Official report, Item I-13).

Responding to church-state concerns, Susan Onori, Broward County coordinator for charter schools, said that a monitoring team would check to make sure that the school did not teach the Jewish religion as part of its Hebrew language, history, and culture offerings. Among those expressing concern about the new school were Eric Stillman, President and CEO of the Jewish Federation of Broward County, whose Community Relations Committee strongly supports church-state separation. Also raising issues were representatives of two existing Jewish day school, whose enrollments will presumably be threatened by the tuition-free charter school. One of them argued that it is impossible to teach Hebrew and Jewish culture without teaching religion. Supporting the charter school were representatives of the Becket Fund for Religious Liberty

Congress Members Want HHS Investigation of Bias Against Chaplains

Today's Washington Post reports that 14 members of Congress have written Health and Human Services Secretary Mike Leavitt urging him to have HHS's Inspector General investigate claims by HHS chaplains of anti-Catholic and anti-Jewish bias. The charges come from chaplains in the spiritual ministry department of NIH's clinical center in Bethesda, Maryland. HHS is already conducting an investigation through a panel of outside experts, but the House of Representative members want assurances that NIH will investigate Rev. O. Ray Fitzgerald, former head of the spiritual ministry department who was demoted after the EEOC upheld a claim of anti-Catholic bias filed against him. (See prior posting.) Rep. Steven R. Rothman (R-N.J.), has placed language in the Department of Labor-HHS appropriations bill authorizing an investigation by HHS's inspector general.

Massachusetts Judge Upholds Synagogue Board Election

Last week, a Suffolk (MA) Superior Court judge decided a challenge to the election of board members and officers of Temple B'nai Moshe in Brighton, Massachusetts. Irwin Frankel, the Temple's president before the election, (along with another former board member) claimed that the April 29 synagogue election was invalid. However the court rejected his challenge to the propriety of the notice of the meeting that was given. Underlying the lawsuit was an attempt by a group of Orthodox Jews, supported by Frankel, to take control of the Temple that is currently affiliated with the Conservative movement. Frankel had not held a board election during his 7-year tenure as president. Yesterday's Jewish Advocate reports that Temple members, who finally forced an election to be held, saw the challenge to the election as an attempted "hostile takeover" of the synagogue by an Orthodox group who had been permitted to hold their separate services in the Temple's chapel. That group, Beis Binah, has now been asked to vacate the premises as the Temple looks forward to remaining a Conservative synagogue.

Romney Contemplates Speech On His Religious Faith

Republican presidential candidate Mitt Romney told the Associated Press on Thursday that enough questions have been raised about his Mormon religious faith that he will probably deliver a major speech in which he will focus on the role that his faith plays. In 1960, then-presidential candidate John F. Kennedy made a similar speech as the first major Catholic candidate for president. Romney especially faces questions from evangelical Protestants whose votes he is seeking in the Republican primaries.

French Shut Down Islamic Summer Camp

In France, police authorities have shut down an Islamic summer camp that was accused of subjecting children to a grueling routine of religious observance. The camp, which was organized by the Turkish-Islam Culture Center in the city of Nancy, failed to obtain required approval from the French Sports Directorate to operate. Yesterday's Turkish Daily News said that the the 96 children at the camp were subjected to excessively rigorous discipline, such as being required to wake up at night to pray. The camp lacked other educational or leisure activities for the children.

ACLU and ADF In Unusual Agreement Before 6th Circuit In Diversity Training Case

Oral arguments were held yesterday before the U.S. Sixth Circuit Court of Appeals in Morrison v. Board of Education of Boyd County. (ADF Fact Sheet). Initially the ACLU sued Ashland, Kentucky's Boyd High School to vindicate the right of students to form a gay-straight alliance club at the school. As explained in a 2005 ACLU release, the case was settled under an agreement that required the school to treat all student clubs equally and which also required the school to conduct anti-harassment training for all students and staff. Subsequently the Alliance Defense Fund sued the school, claiming that the anti-harassment training violated the rights of students opposed on religious grounds to homosexual conduct. However, in February 2006, a Kentucky federal district court upheld the school's policies. (See prior posting.)

The ACLU intervened in the ADF's lawsuit. In its brief to the 6th Circuit on appeal, the ACLU explained its position as follows: "Intervenors joined this litigation to ensure that the Board complied with its obligations under the Consent Decree by, among other things, conducting mandatory anti-harassment trainings. After careful review of the Board’s 2004-2005 anti-harassment policies, however, Intervenors came to agree with Plaintiffs that the policies were broader than the Constitution permits. Accordingly, Intervenors both joined the Board in moving for summary judgment with respect to the claims seeking a constitutional right to opt out of the anti-harassment trainings, and joined Plaintiffs in moving for summary judgment with respect to the claims involving the anti-harassment policies."

After yesterday's oral arguments, ACLU attorney Sharon McGowan said: "We've always believed that it’s entirely possible for schools to enact policies that keep gay and lesbian students safe while still respecting the First Amendment rights of students who hold anti-gay beliefs." (ACLU Release). Links to all the legal documents in the case are available online.

School Board Now Charges Rent To Scouts After Church Wanted Equal Treatment

A report in today's Elgin (IL) Daily Herald illustrates that there is more than one way for school officials to respond to charges by religious groups that they are being treated unequally. After Larkin High School officials refused to recognize a student-led group, the Cross Roads Church for Teens, as a noncurricular student organization, the Alliance Defense Fund complained. The school quickly agreed to include the group in the year book and the homecoming parade. But then another church group-- an adult group called Crossroads-- complained that outside groups like the Scouts were given rent-free use of the schools, while churches were not. In response, instead of giving church groups more access, Elgin Area School District U-46 decided to reclassify the Scouts as a nonprofit community group. This means that now scout groups will be required to pay rent to use school facilities, instead of using them free of charge as in the past.

5th Circuit, En Banc, Finds No Standing In School Board Prayer Case

By a vote of 8-7, the U.S. Fifth Circuit Court of Appeals yesterday, sitting en banc, held that plaintiffs lacked standing to challenge Tangipahoa Parish School Board's practice of opening its meetings with a prayer. In Doe v. Tangipahoa Parish School Board, (5th Cir., July 25, 2007), the majority, in an opinion by Chief Judge Edith Jones, said that there was no evidence in the record that plaintiffs ever attended a school board meeting where a prayer like those challenged was recited.

In a "special concurrence", Judge Moss was unusually critical of the Supreme Court. He wrote:

The Supreme Court cannot continue to speak out of both sides of its mouth if it intends to provide real guidance to federal courts.... [I]t cannot continue to hold expressly that the injury in fact requirement is no different for Establishment Clause cases, while it implicitly assumes standing in cases where the alleged injury, in a non-Establishment Clause case, would not get the plaintiff into the courthouse. This double standard must be corrected because ... it opens the courts' doors to a group of plaintiffs who have no complaint other than they dislike any government reference to God.

Dissenters, in two separate opinions, argued that the trial court's pre-trial order makes clear that plaintiffs' attendance at board meetings was not a contested issue and that defendants impliedly admitted those facts. 2theadvocate reports on the decision. The splintered 3-judge panel decision in the case was discussed in a previous posting. [Thanks to Alliance Alert for the lead.]

Malaysia's High Court Limits Sharia Court Jurisdiction; Urges Legislative Help

Reuters today reports that Malaysia's Federal Court has ruled that Sharia tribunals cannot decide cases involving non-Muslims as one of the parties. The country's high court held that family law and religious disputes between a Muslim and a non-Muslim must be determined by the civil courts since non-Muslims cannot be present to defend themselves in Sharia courts. Meanwhile, the AP reports that Federal Court Judge Abdul Hamid Mohamad, in an opinion released Wednesday, urged the legislature to deal with the jurisdictional issue. In his written opinion (joined by two other judges) he wrote: "These are not matters that the courts can solve, as the courts owe their jurisdiction to statutes."

Monks In Wales Insist Authorities Get Warrant To Take Sacred Bull For Slaughter

Now that a British Court of Appeals has upheld an order to slaughter a sacred bull that is infected with tuberculosis, Welsh authorities have attempted to take the bull from the Skanda Vale temple in Llanpumsaint where Hindu monks have taken it for protection. Health authorities, however, were kept from entering the Skanda Vale grounds by a locked gate, a parked car and supporters of the sacred bull who were chanting and praying. The monks have insisted that authorities obtain a warrant before entering the temple grounds. Veterinary officials and police are now moving to do so, and a spokesman for the monks said that then they will not offer physical resistance. IOL and This Is London (with extensive photos) report on these developments today.

UPDATE: By Thursday evening (London time), Shambo the bull had been taken away for slaughter by lethal injection. Initially police returned with a warrant, but only posted it instead of confronting 100 demonstrators. Thursday evening, though, 20 police cut a chain securing the temple gates, dragged away some of the demonstrators, led the sacred bull to a trailer and took him away. (AP and Inthenews).

OSCE Concerned About Kazakhstan's Dispute With Hare Krishna

In a long article published yesterday, the Washington Post reports that a property dispute between Kazakhstan authorities and members of a Hare Krishna community threatens Kazakhstan's bid to chair the Organization for Security and Cooperation in Europe in 2009. The government has destroyed 12 homes in the village of Seleksia, claiming that the homes were purchased by Hare Krishna followers from people who did not hold proper title to the land. Kazakh courts have held that the property belongs to the local administration. However the OSCE Advisory Council on Freedom of Religion or Belief, in a statement issued last year, said that the state's action suggests that members of the Hare Krishna community "have been targeted on the basis of their religious affiliation." The disputed land is in an area that is becoming increasingly attractive to Almaty residents seeking country homes.

Justice Department Supports Muslim Group In Its RLUIPA Lawsuit

In Wayne, New Jersey, the U.S. Department of Justice has filed a brief supporting an Albanian Muslim group that is suing under RLUIPA to stop the township from taking for use as open space property on which the group was seeking to build a mosque. The township claims that the Religious Land Use and Institutionalized Persons Act does not apply to takings by eminent domain. The Justice Department argued, however, that the township's deliberate prolonging of the application process for a permit amounted to the kind of discrimination prohibited by RLUIPA. Reporting on developments in the federal lawsuit, the Passaic County Record yesterday said the 11 acres of land at issue has steep slopes and rock outcroppings that, according to township officials, makes it a prime candidate for preservation instead of development. (See prior related posting.)

Church Leader Raises RFRA Defense To Marijuana Charges

In Los Angeles, the trial of Rev. Craig X Rubin, leader of the 420 Temple, for possessing and distributing marijuana was scheduled to begin with jury selection yesterday. On Monday, at a hearing preceding the trial, Rubin-- representing himself-- argued that his possession of marijuana was protected by the federal Religious Freedom Restoration Act. He says the federal law applies because federal agents joined state police in the raid on his congregation last November. Rubin-- who was ordained by the Universal Life Church-- says he believes that marijuana is the "tree of life" mentioned in the Bible, so he incorporates marijuana in his church ceremonies. The Associated Press says that Rubin faces up to seven years in prison if convicted for burning marijuana during services and distributing it to members who are asked to make a donation for marijuana they receive. (See prior related posting.)

UPDATE: The AP reports that on Tuesday Superior Court Judge Mary H. Strobel ruled Rubin could not rely on the federal Religious Freedom Restoration Act as a defense because he is facing only state charges.